THE PRINcipal laws customs and statutes of England which be at this present day in ure, compendiously gathered together for the weal and benefit of the kings Majesties most loving subjects, newly recognized and augmented. ❧  
LONDINI. M.D.XL. ❧  
Cum privilegio ad imprimendum solum.   

¶ The prologue of Richard Taverner to the reader.  
Demosthenes' the renowned Orator defineth law in this wise. The law (saith he) is the thing that all men ought to obey for many skills, but in especial because law is the invention & also the gift of god, the decree of prudent men, the chastisement of wilful & unwilful offences, & finally the common surety of a realm whereby it becometh all men to live which be conversant in the same. Chrysippus' also an excellent philosopher thus beginneth his book of laws. The law is king of all aswell divine as human affairs, the precedent and controller of things honest and dishonest, the prince, captain and ruler of the just and injust, & it is of civile-creatures aswell the commander, what they ought to do, as the forbydder, what they ought not to do. These auntike sayings of wise men assuredly ought much to inflame us to the knowledge of those things, without which we shall be esteemed no men but as brute and savage beasts. Let us not commit, that it be said of us English men, as it was once said of the men of Athens, that is, that we make very goodly & profitable laws, but we use them not. Certainly there can be no greater reproach to a common weal than this. One lesson I would we learned of the ancient lawyer Romain named Celsus, and that is this. The knowledge of laws is not to bear away the words but the pith & power of them. This he wrote because there be many which when good & wholesome laws be made, seek not to see them executed, & observed, but rather how to defraud them and to have them unexecuted, which kind of people after the sentence of most ancient lawmakers be no less worthy of reprehension than they which do expressly against the law. Now, they do (say they) against the law which do the thing that the law forbiddeth. And they defraud a law or statute, which the words of the law saved, do cirumvent the meaning and sentence of it. Let us than so read the laws, that we may bear away the sentence & mind of them, and so fulfil and observe the laws, that it may appear that they were not made in vain. Thus doing, we shall please god, we shall be obedient subjects to our prince, and finally we shall seek our own weal and safety.   

THE TABLE OF THIS ❧ BOOK. ❧  

WHat is law, justice, and the prudence of laws. fol. i.  
¶ A division of estates in lands or tenements. fol. i.  
¶ Of tenant for term of years. fol. i.  
¶ Tenant at will. fol. iii.  
¶ Tenant by copy of court rol. fo. iiii  
¶ A division of freholdes fol. seven.  
¶ Tenant for term of life. fol. viii.  
¶ Tenant by the courtesy. fol. ix.  
¶ Of tenant in dower. fol. x.  
¶ A division of inheritances. fol. xiiii.  
¶ Fe simple. fol. xv  
¶ Fe tail fol. xx.  
¶ tenant after possibility of issue extinct. fol. xxiii.  
¶ Of parceners'. fol. xxiiii.  
¶ Of conditions. fol. xxvi.  
¶ Of livery of seisin and of attornment, fol. xxix.  
¶ Of services. fol. xxxii.  
¶ knights service. fol. xxxiii.  
❧ Of ward marriage and relief. fol. xxxvii.  
¶ Service of castle guarder fol. xl.  
❧ Of grand sergeantie fol. xli.  
¶ Of petite sergeanty. fol. xliii.  
☞ Of homage ancestrel fol. xliii.  
¶ Of socage. fol. xlv.  
¶ Of frank almoyne. fol. xlvi.  
❧ Of burgage. fol. xlviii.  
¶ Of villeinage or bond service. fol. xlix.  
❧ Of rents & of the divers kinds of them. fol. liv.  
¶ what remedy a man hath to recover his rent when it is behind. fol. lx.  
¶ How avowries ought to be made of rents and services. fol. xliii.  
☞ An acts for assigns or grantees of reversions to take advantage of conditions upon farmers. fol. xlv.  
¶ A new art how tithes and other profits ecclesiastical shallbe recovered. fol. xl. vi.  
❧ Of mortuaries. fol. xl. ix.  
¶ An new art made for th'assurance of farmers to hold their fermes against tenants in tail etc. fol. lxxi.  
❧ That farmers shall take advantage of conditions & covenants against grantees of reversions. fol. lxxiii.  
❧ That farmers or tenantꝭ for term of years shall falsify recoveries for their term. fol. lxxiiij.  
¶ An act for thavoiding of recoveries by collusion against tenants for term of life. fol. lxxv.  
☞ Of discontinuance and of a new act concerning the same. fol. lxxvi.  
¶ That wrongful disseisin is no descent in the law. fol. lxxviii.  
❧ The limitation of prescription newly enacted fol. lxxix.  
¶ Of time's and how they shall conclude the issue in tail. fol. lxxxiii.  
¶ Of testaments or last wills. fol. lxxxv.  
❧ An act for probate of testaments. fol. lxxxvii.  
¶ Of disposing of lands by testament or otherwise, newly enacted. fol. lxxxxi.  
❧ Of mariagies and touching the degrees of consanguinity. fol. xcvi.   
❧ An end of the table of this present volume.   


What is law.  
THe law is the direction & ministration of justice, & justice is as justinian saith in his institutions a constant & permanent mind and will to render unto every person his right and duty. The prudency of law is a knowledge of divine and of human things, a science and perfit notice of equity and iniquity, of righteousness and unrighteousness. And forasmuch as a great portion of the prudency or science of the laws of this realm consisteth in the perfit knowledge of estates that men have in lands and tenements: we shall first as compendiously, and as simply and plainly as we can, treat of estates.   

❧ A division of estates.  
YE shall therefore undersand, that who so ever hath any estate in lands or tenements, either he hath in the same only a chattel, or a free hold, or an inheritance. If he hath an estate in any lands or tenementis but for term of certain years, or at his landlords will: so is it called a chattel, if for term of his life or of an other man's life, it is called a free hold, or frank tenement. And if he hath it to him and to his heirs in fee simple, or in tail: then we say he hath an estate of inheritance.   

❧ tenant for term of years.  
tenant for term of years, is he to whom lands or tenements be dimised and lessed for the term of certain years, as is agreed between the landlord & the tenant. And when the lessee I mean him to whom such lease is made doth enter by force of the said lees, and is in actual possession of the same: than he is called tenant for term of years.  
And here ye shall note, that if the lessor that made the lees hath reserved unto him a yearly rend upon the said lees (as it is accustomably used to be done) if the rent be behind unpaid, it shallbe in his free liberty & election either to enter and distrain for the rent, or to bring an action of debt against him at the law for the arreragies of the same. But in this case it is required, that the lessor were seized of the lands or tenements at the time of the making of the lease, for otherwise it shall be a good plea in the action of debt for the tenant to say, that the lessor had nothing in the land or tenement at the time of the lease made: except the leas● were made by deed indented, for than the plea shall not lie in the mouth of the tenant or lessee to plead.  
And it is to be known that in a lease for term of years, by deed or without deed, there need no livery of season to be made to the less, but he may entre when he will by virtue of his lease, without any further ceremony of law.  
Note also, that if a man lesseth lands for term of years, though the lessor chanceth to die before the lessee doth enter, yet the may entre well enough. Otherwise it is where as livery of season is to be made: as in free holds, and in inheritances.  
Also if the tenant for years doth waste, the landlord may bring an action of waste against him, and shall recover the place wasted, and his triple damages.   

tenant at will.  
tenant at will, is he to whom lands or tenements be lessed to have & hold the same at the will of the lessor. And in this case the lessor may put out his tenant at what time him listeth. But yet nevertheless, if the tenant have sowed the grounds with corn, in this case if the lessor will entre and put out his tenant before harvest, the law will give him free coming and going to reap and carry his corn away without any punishment or damage to be sustained for his sodoing because he knew not at what time the lessor would enter. But otherwise it is of the tenant for certain years, for if he soweth the ground and the term of his lease be come out and expired before the corn be type, in this case that lessor or he in the reversion may enter and take the corn, because it was the folly of the tenant to sow the ground, knowing the end of his term.  
In like wise tenant at will shall have free coming and going after the time of the lessoures' entry, to carry away his household stuff and goods for a reasonable space.  
❧ Ye shall also understand, that he that maketh a lease at will, may reserve an annual or yearly rent, in which case if the rent be behind, he may entre very well and distrain the goods and catells of the tenant, or at his election bring an action of debt against him.  
Also it is to be known that tenant at will of a mese or tenement is not bound by the order of law to sustain and repair the houses that be ruinous, as is the tenant for years, and therefore none action of waste lieth against him. Yet if he do wilful waste: as if he plucketh down the houses, or cutteth down the trees: it hath been thought by the sages of the law that the lessor may bring an action of trespass against him and recover his losses thereby sustained.   

❧ Tenant by copy of court roll.  
THere is an other kind of tenant at will, which is called tenant by copy of the court rolls. And this is when a man is ceased of a manner within which, it hath been used time out of mind, that the tenants within the precinct of the said manner, have holden lands and tenements to them & to their heirs in fee simple, fee tail, or for term of life, at the will of the lord according to the custom of the manner. And such a tenant can not alien or sell his land by his deed, for if he do, the land or tenement that is so aliened and sold, is forfeited into the lords hands, but if he will alien his copy hold land to an other, he must according to the custom, come into the lords court, and there surrender it unto the lords hand, to the use of him that shall have the state. The form● of which surrender is commonly used to be this.  
Ad hanc curiam venit A. de A. & sursum reddit in eadem curia unum mesuagium. etc. in manus domini ad usum C. de D. & heredum suor● vel heredum de corpore. etc. Et super hoc venit praedictus C. de D. & coepit de domino in eadem curia mesuagium praedictum, habendum & tenendum sibi. etc. ad voluntatem domini secundum consuetudinem manerij, faciend. & reddend. inde redditus, seruitia, & consuetudines inde prius debitas & consuetas. etc. Et dat domino pro fine. etc. Et fecit domino fidelitatem.  
These as I said be called tenants by copy of court roll, because they have none other evidence to show concerning their lands, save only the copies, of the rolls of their lords court.  
Neither can these tenants sue or be sued for such lands, in the kings court by write or otherwise, but if they will implead or sue others for such copy lands, they must do it by way of plaint in the lords court after this sort.  
A. de B. queritur versus C. de D. de placito terrae, videlicet de uno mesuagio, xl. acris terrae four acris prati etc. cum pertinent. Et facit potestationem sequi quaerelam istam in natura brevis domini regis assise mortis antecessoris ad comem legem vel etc. plegii de prosequendo F. G. etc.  
❧ Now although some such tenants have an inheritance according to the custom of the manner, yet in very deed they are but tenantis at the will of the lord. For, as some men think, if the lord will expel them and put them forth, they have no remedy at all, but to sue unto their lord by weigh of petition, desiring him to be good unto them. For if they might have any remedy by the law than should they not be called (say they) tenants at the will of the lord after the custom of the manner. But other men of no less learning and prudency have been of contrary sentence: as lord Bryan chief justice, in the time of king Ed. the iiij. whose opinion was always, that if such tenant by the custom (paying his services) be ejected and put forth by his lord without cause reasonable, he may very well bring and maintain an action of trespass against his lord at the common law: as appeareth termino Hilarij anno. xxj. E. iij. Also lord Danby chief justice in likewise, was of the same judgement: as appeareth Termino. Mich. anno. seven Ed. iiij. where he saith that the tenant by the custom is as well inheritable to have his land after the custom, as is he that hath a free hold at the common law, but the determination of this question I remit to my great masters, which can solve the knots and enigmas of the law.  
For asmuch as yet still of this matter, Causidici certant & adhuc subiudice li● est.  
❧ Also ye shall understand, that the usage of some Manor is, when the tenant will surrender his land to the use of an other, that he shall take a wand in his hand, and deliver it to the steward of the court, and the steward shall deliver the same wand in name of seisin to him that shall take the land: and such a tenant is called, tenant by the verge. diverse other customs there be of surrendering of copy hold lands, which here for tediousness I will omit. And forasmuch as tenants by custom of the manor, have by the course of the common law no free hold: therefore they be called tenants of base tenure.  
Hitherto I have treated of the first member of our division, that is to wit, of chatelles, for as I said, all leases for term of years, and at will be accounted in the law but as cateles and be comprised under that name, save that they be called cateles reals where as kine, oxen, horses, money, plate, corn, and such like be called chattel personals. Now we will proceed to thexplanition of the second member, that is to say, of free holds   

❧ A division of free holds.  
FRee holds or frank tenements a man may have in sundry wises, for either he is seized for term of his own life, or for term of an other man's life. If he be seized for term of his own life, either he have gotten such estate by way of purchase, or else the law hath entitled him thereunto. I call it by purchase, whether he cometh unto it by his own bargaining and procurement, or by the gift of his friend, and I call it by the operation and intiteling of the law, when a man marrieth a woman that is an in heritres, and hath issue by her, and she dieth, now shall he have the lands during his life by the course of the law, and shall be called tenant by the courtesy of England.  
In likewise, if a man be seized in fe● simple: or fee tail of lands, and taketh a wife, and he dieth, the law giveth unto the wife the third part of her husbands lands for term of her life, and she shall be called tenant in dower.   

❧ Tenant for term of life.  
tenant for term of life, is he that holdeth lands or tenements for term of his own life, or for term of an others life. How be it the most frequent and common manner of speaking is to call him that hath estate for term of his own life, tenant for life, and him that hath estate for term of an others life, tenant pour term dautre vie, that is to say, tenant for term of an others life.  
Ye shall note, that like as he that maketh the lease is called the lessor, & he to whom the lease is made is called the lessee, so he that maketh a feoffment is called the feoffor, and he to whom the feoffment is made, the feoffee.  
Also if tenant for term of life, or tenant for term of an other man's life do waste, the lessor or he in the reversion shall maintain very well an action of waste against him, and shall by the same recover triple damages.  
Finally, ye shall understand that by an act of parliament made in the xxvii. year of our sovereign lord that now is, king Henry the eight, it is enacted that no free hold, nor estate of inheritance shall pass ne take effect but by deed indented, sealed & enroled in one of the kings courtis at westminster, or else within the same county where the land doth lie: as by the said act more at large appeareth.   

❧ Tenant by the courtesy.  
Tenant by the courtesy of England, is he that hath married a wife inherited, and hath had issue by her, and she is dead, in this case the law of England permitteth and suffereth the husband of such wife to retain all his wives lands that she had either in fee simple, or fee tail so long as he liveth: And this is by the courtesy and vr●anitie of England, for this thing is used in none other region.  
But in this case it is required that the child ve vital, that is to say, be borne and brought forth i● to this world alive, and therefore the common saying hath been, that unless the child be hard cry, the father shall not be tenant by the courtesy, for the only prove and argument of life in an infant new borne is the vagite and crying.  
Ye shall furthermore understand, that unless the husband be in actual and real possession of his wives lands, & seized of them in her right, he shall not be tenant by courtesy after her death. And therefore if lands descend to a man's wife, so that she is tenant in the law, and to every man's action, yet if the husband have not made an actual entreeduring the coverture and matrimony between the● he shall not be tenant by the courtesy, for it shall be reputed and judged his folly and negligence that he would not enter in her life time.  
Otherwise it is of advowsons, ●●ntes, and such other things, which forthwith when they descend be in a man or woman without any enter or further ceremony of law.  
Note, that if tenant by the courtesy of England will suffer or make any waist in the lands or tenements that he so holdeth, he is punishable therefore by action of waist.  
Also it is to be known, that of things that be in suspense, a man shall not be tenant by the courtesy, and therefore if a man be the tenant in fee simple of certain land, and doth entremary with a woman that is the seignoresse or lady of the same and hath issue by her, and she dieth, yet he shall not be tenant by the courtesy of the lordship of signory, because himself is tenant of the land, and therefore the lordship is suspended for the time, for a man can not be both lord and tenant of one thing but if he had not been tenant of the land, he should have had the lordship after the death of his wife by the courtesy of England very well.   

Of tenant in dower.  
tenant in dower, is she that hath been married to an husband that was during the matrimony between them seized of lands▪ or 〈◊〉 in fee simple or fee tail▪ which is now deed and she seized of the third part of her husbands said lands for term of her life. For by the common law of the land, if the husband be at any time during the coverture seized lawfully, whether 〈◊〉 be by purchase or by descent, 〈◊〉 the● in fee or in tail, & die, his 〈◊〉 to be endowed by the course of the common law of the third fo●e. And in some places by an ancient custom she shallbe endowed of the 〈◊〉▪ yea and though 〈…〉 seized actually durying the courture, yet if the lands be cast upon 〈◊〉 by the law, so that the law calleth him tenant to every man's action, it sufficeth for the woman to demand her dower, for it were unreasonable, that the negligence 〈…〉 of entering of the husband should hurt the wives 〈…〉.  
Otherwise it is, as I said before, of tenant by the courtesy, for if lands descend to a woman covert and the husband for slothfulness or negligence doth not enter in his wives life he shall not be tenant by the courtesy 〈◊〉 by all laws the wife oweth obedience and subjection to her husband and therefore she can not compel him to enter, but when lands descend to the wife, the husband only have power to enter at his pleasure.  
And ye shall understand, that unless the wife be passed the age of ix. years at the time of her husbands death, she shall not be endowed by the common law.  
But it is to be known that a woman may by divers ways estoppe and preuidi●e herself of her dower: as if she commit any crime for which she is attainted of treason, murder or felony, ●he gett●●no dower, not withstanding she hath obtained her pardon.  
Also if after the death of her husband she taketh a lease for term of life of the same lands whereof she is indowable she loosed her dower of the same. Moreover if she departeth from her husband and liveth in adultery with an other man, and not reconcieled again to her husband without coercion of the ecclesiastical power, she loseth her dower after her husbands death.  
She shall be also barred of dower if she will withhold from the heir the charters and evidence concerning that land whereof she asketh dower: But none other save the heir can wytholde her dower for this cause.  
It may not be unknown also of what things she may demand dower, and of what things not. Of lands messuagies, advowsons, rend charges, rent services, or signories in gross or otherwise, of villains, of commons certain, of estovers, certain, she is dowable. But of commons, and estovers sans number, also of annuities, of homage, of things of pleasure, as of services of paimet of roses, and semblable she shall not be endowed.  
There be yet two other kinds of dower, the one is called dowment ex assensu patr●is, and the other is called dowment de la plus beale ꝑtie. that is to say, of the fairest part.  
Dowment ex assensu patris, is when the father is seized of lands in fee, and his son which is heir apparent endoweth his wife at the church door, when he is espoused, of parcel of his father's lands, with the assent of his father in writing testifienge the same assent, if in this case her husband die, she may forthwith entre into the laudes so assigned unto her without further appointing or process of law, although the father of her husband be yet alive & in actual possession of the land. But if she thus do, and take her to this endowment at the church door she can not have her dower by the common law of the third part of all her husbands lands, or any parcel of them how be it if she will refuse this assignment made unto her at the church door, and demand dower at the common law, she may very well.  
A man may also endow his wife at the time of the spousailes of his own lands, which he hath in his own possession, and that dower is called dower ad ostium ecclesiae  
Dowment Dela plus beale, that is to say, dowment of the fairest part shall be in this case. When a man is seized of lands which he holdeth of an other man by knights service, and of other lands which be of socage tenure, and hath issue, which is within the age of xiiij years & die, and the lord of whom the land is holden by knights service entereth in to the land holden of him, and the mother of the child entereth in to the socage tenure as garden in socage, if in this case the woman will bring a writ of dower against the lord which is garden in chivalry, he may plead the special matter and show, how she as garden in socage hath so moche land and pray the court that she may be suffered to endow herself of so much land being in her own custody, as amounteth to the third part of the hole lands. And than the judgement shall be, that the garden in chivalry shall retain the land holden of him quite from the woman duering the non age of the ward. After which judgement she may go and in presence of her neighbours endow herself of the best part of that which is in her custody, amounting to the third part of the hole, and than is she called tenant in dower de la plus beale.   

A division of inheritances.  
hitherunto I have spoken of free holds, now, it remaineth to treat of inheritances, not that inheritances be no free holds, for they be free holds also, but the other estates of which I have here tofore treated be only free hold, and of no higher nature, where as a state of in heritance, although it ●e a free hold, yet it is not to be called by that name, sith it is a far more excellent and greater estate. But ye shall understand that of inheritances some be of more amplitude and excellency than other some be, as that inheritance which is pure, simple, and without limitation of what heirs, is it called fee simple. But when I make a limitation of what heirs, than is it called fee tail, of which also be two sorts, as hereafter more at large shall be declared. Now the nature of fee simple is to be setforth with our accustomed compendiousness.   

Fee simple.  
FEe simple is (as I said) the most ample & large inheritance that can be in this realm devised or excogitate, as that which a man hath to him and to his heirs simply without any further limitation, for whether they be of his own body begot ten or not, so that they be the next of his kin, and within the degrees it sufficeth.  
So then tenant in fee simple is he that hath lands or tenements (whether it be by purchase or by descent) to him & to his heirs for ever. For if a man will purchase lands in fee simple, he must needs have these words, his heirs, in his purchase, for these be the only words that make an estate of inheritance. Therefore if lands be given to a man for ever & no mention be made of his heirs: he hath an estate but for term of his life, because these words (his heirs) do lack.  
Yet nevertheless, if a man by his testament doth devise lands to an other in such where the custom will serve so to do, though he maketh no mention of heirs, but saith that he bequethethe to such a person such● lands, to have & to hold to him and to his assigns for evermore: here a state of inheritance doth pass, for in testaments the will and intent of the testaour is to be pondered, & not the formal & prescript words of the law.  
Also these terms in the law, frank marriage, and frank almose that is to say, free marriage and free almose do include in them words of inheritance. And therefore if I give lands to a man with my daughter in frank marriage without further addition or mention of heirs, this is an estate of inheritance, as we shall hereafter declare more plentiouslye. In likewise it is of lands given to an house ecclesiastical in pure & frank alms. Moreover if lands be given to a man & to his blood, or to him & to his seed, he hath in both cases a state of inheritance for in y● one he hath a fee tail, & in tother a fe simple. For this word seed, and blood, and such like do imply words of inheritance.  
But now it is to be seen who be said a man's heirs in the law. Ye shall therefore know, that my brother or sister by the half blood, that is to wit, by the father's side, and not by the mothers, or contrary wise by the mothers and not by the fathers, shall never be mine heir, nor none that come of them.  
Neither my bastard can be mine heir, nor mine own natural father ne mother, nor grandfather ne grandmother can be mine heir.  
For it is a principle and ground in the law, that inheritance may lineally descend, but ascend it may not. And therefore if I have lands in fee simple and die without issue of my body, my father can not be mine heir, but my father's brother or sister shall, and then if my uncle or aunt die seized without issue, my father shall have the lands as heir to mine uncle or to my aunt, but heir to me he can not be. But it may go from me to mine uncle or aunt well enough, for that is not called a linial ascension but a collatrall.  
And ye shall note, that by the common law of this realm, my eldest son shall have the hole inheritance, and after him if he hath no issue, the second son, and so forth. And if I have no sons but daughters, than shall all the daughters together inherit, if I have no issue at all, neither son●es ne daughters, than shall my eldest brother in heritage succeed me but if I have no brother, than my sisters if I have any, if not my uncle by my father's side, if the lands be of mine own purchase. And to be short if there be none in life of my father's side, it shall go to my mother's side, and if there can be found no heir neither by father's side ne yet by mothers, then shall it revert and escheat (as they call it) to the lord of whom it was holden, for every land must needs be holden of some lord, as shall be here after showed. But if lands descend unto me by my mother's side, than if I fail of issue, the lands shall descend only to my heirs of my mother's side, & never to mine heirs of my father's side: as on the contrary side, if I have lands or any hereditaments by descent from my father or his blood, they shall never descend to my heirs by my mother's side.  
Thus ye see a great difference in this behalf, between purchased lands and lands which descend from my ancestor.  
If there be three sons, and the middle son purchaseth lands & die without issue, the heldest shall have the lands and not the youngest.  
Also it is a principle in our law, that none can be mine heir of lands that I hold in fee simple, unless he be mine heir by the hole blood that is to say, both by father and mother, for if a man hath issue two or three sons by sundry wives, and the eldest purchaseth lands in fee and dieth without issue, his half brethren I mean those that be not his brethren both by the father's side & mother's side shall not have the land, but it shall go to his uncle. Likewise if a man hath by his first wife a son and a daughter, and by his second wife an other son, and the son by the first wife purchaseth lands in fee, and dieth without issue: the sister german shall have the lands by descent as heir to her brother, and not to the younger brother. Otherwise it is of lands or other hereditamentꝭ entailed as shallbe hereafter specified.  
Also if a man be seized of lands in fee simple, and hath issue a son and daughter by one wife, and afterward a son by an other, and dieth, and the eldest son entereth in to the lands, and after dieth without lawful issue of his body, the daughter shall have the lands and not the youngest son, and yet the youngest son is heir to his father, but he is not so to his brother. But if in this case the eldest son had not entered after the death of his father but had died before any enter made by him, than shall not the sister germane entre but the younger brother is heir to his father, because the eldest brother was never in actual possession, which is requisite to that person that claimeth to be heir collaterally. But to the lyniall heirs, it sufficeth that the ancestor should have been heir if he had lived, I mean as thus. A man is seized of lands and hath issue, a son & daughter by one wife, and afterward a son by an other, he dieth, the eldest son entereth not, but dieth without issue before he can make any actual entry, his sister shall not have the lands as heir to her brother, because her brother was never actually possessed, but the younger brother shall have them as heir to his father. Yet if th'elder son in that case had left behind him issue of his body, whether it had been son or daughter, this issue not withstanding that the father of the issue was never possessed either actually, or in the law, shall have the lands, and shall convey his descent from his father, for the son or daughter is linial heir, where as the brother, sister, uncle, aunt. etc. be heirs collateral, and so observe a diversity.  
I call an actual possession, when a man entereth in deed in to lands to him descended, but a possession in law, is called when lands be descended to a person, ann he hath not yet real lie and actually entered in to them. For notwythstandydge that he is not in actual possession yet he is possessed in the law, that is to say, in the eye & consideration of the law, for as much as he is tenant to every man's action that will sue for the said lands, for else there should ensue an intolerable inconvenience, as we shall more copiously open in an other place.  
Ye shall understand that this word inheritance is not only to be accommodate and applied to that which cometh by discente from a man's ancestors: but also to every purchase in fee simple, or fee tail.   

Fee tail.  
Ye shall understand, that before a certain statute called the statute of Westminster second, there was no state tail, but all was fee simple, either purely that is to say, without condition or condicinallye: as appeareth by the pretence of the said statute, but now sithence the promulgating of that statute divers forms of state tails have risen.  
Fee tail is when it is prescribed and limited in the gift, what heirs and by whom engendered shall inherit. As for example I give lands to a man and to his heirs and go no further, this is fee simple: but if I make a limitation, and add of his body begotten, now is it fee tail that is to say, a fee or inheritance limited, prescribed, determinate, or assigned. So that if I give lands to a man and to his heirs, he hath fee simple, but if I give lands to him and to his heirs of his body lawfully begotten, he hath but a fee tail, for asmuch as I appoint, lymytte, prescribe and determine the heirs, and for lack of such heirs the gift shall be expired and worn out, & the lands shall revert again to the giver or his heirs.  
But ye must observe that there bo two kinds of fee tail. There is a general tail, and there is a special tail. Fee tail general is as where lands be given to a man and to his heirs of his body begotten, without any mencyoning and expressing by what woman they are to be begotten. And therefore yfa man be tenant in the general tail of lands, and taketh a wife and hath issue by her, and she dieth and afterward he taketh an other wife, of whom he hath also other issue, here either of these issue is inheritable to this land entailed. But if I express in the gift by what woman the heirs shall be procreate and engendered, then is it an especial tail, as for example to make the thing plain, if lands be given to a man and to the heirs of his body lawfully begotten by Katherine his wife, this is an especial tail, for the issue of him begotten by an other woman, shall never inherit by force & virtue of the tail. Likewise it is, if lands be given to a woman and to the heirs of her body law fully begotten (& show not by what man) this is a general tail, but if I add & say by such a man her husband, than is it an especial tail.  
Also if I give lands to a man and to his wife, and to the heirs of there two bodies lawfully begotten: this is an especial tail, as well in the husband as in the wife,  
Semblably it is, if a man giveth lands to an other man with his daughter or kinswoman in frank marriage, this emplyeth a state tail especial, and in this case as well the man as the woman hath estate in in the special tail.  
But if I give lands to a man and to such a woman, and to his heirs that he shall beget of her: here the woman hath estate but for term of her life, and the husbands an estate in the especial tail. In likewise it is on the woman's behalf, as if I give lands to a man and to his wife, and to her heirs of the body of her said husband engendered, he hath an estate but for term of life, and she an estate in the special tail. But in both cases, if I had said to the heirs and not his or her heirs, than should either of them have had an estate in the special tail, because this word heytes is as well referred to the one as to the other.  
Ye shall also understand, that if lands be given to a man, and to the heirs males of his body, this is a state tail, and in this case the heir femalle shall never inherit.  
Finally it is to be noted, that of lands which a man hath in fee simple, the possession of the brother shall cause the sister german that is to say, the sister both by the father's side & mothers, to inherit, and not the brother by the half blood, as here tofore was said, but of lands which be entailed otherwise it is. Therefore if a man be seized of lands in the general tail, and hath issue by his furst wife, a son and a daughter, and also a son by an other wife, & dieth, and the eldest son entereth in to the lands & after dieth, the sister german shall not have the lands but the younger brother of the half blood, because whosoever shall inherit lands in tail, must claim them as next and immediate heir, not to him that dieth last seized of the lands; but to him unto whom the lands were first given, which in the case before remembered, is the son and not the daughter.  
Thus ye shall mark observe a great diversity between the form of succession in lands of fee simple, and the form in fee tail.   

Tenant after possibility of issue extinct.  
When lands or tenements be given to a man and to his wife, and to the heirs of there two bodies lawfully begotten, if in this case either of them chance to die before they have issue between them, he or she that overliveth his still tenant in tail, but without all possibility of any issue that can be heir to these lands entailed, and for this cause he or she thus overlyving is called tenant after possibility of issue extinct, for in such a tenant is all possibility of issue that may be inheritable to these lands by force of the gift in tail utterly extinct and quenched, and by his or her death the state tail shall expire, cease, and be abolished for ever and shall revert again to the giver or donoure from whence it came.  
Yet forasmuch as this tenant after possibility of issue, had once an inheritance in him, he shall not be punyshede by an action of waste, though he maketh never so much waste in the lands and tenements, whereas yet in effect he is but a tenant for term of life.   

Of perceners.  
Hitherunto I have made a compendious and short declaration of estates of all sorts. But where I said that among sisters there is no prerogative or preminence concerning the inheriting of their ancestors lands, but that they shall be all together inheritors, and make as it were but one heir: it is expedient to make a further process in this behalf, and to show how & in what manner this partition shall be made.  
But ye shall understand that there be beside parceners at the common law, which be only sisters, also parciners by custom, which is amongs brother's contrary to the course of the common law, and this custom is in Kent, and in other places where lands and tenements be of the tenure of Gavel kind.  
Ye shall therefore know that when a man is seized of lands in fee simple or see tail, and hath no issue but daughters, and die, and the daughters do enter in to the lands thus descended unto them, now they be called parceners, or coheir, & by a writ called, De ꝑtitione facienda brought by on of them against the others, they shall be constrained by the law to suffer an equal partition to be made of the lands between them.  
Now partition may be made in sundry ways. One way is when they themselves do make partition between them of the hole heritage and do agree unto the same and enter every one in to her part so allotted unto her.  
An other is when by all their agreement an consent one common friend do make the partition. In which case the eldest sister shall have the first election, and after her the second sister, and so forth. But if they agree that th'elder sister shall make the partition, and she maketh it, than th'elder shall not choose first, but shall suffer all her sisters to choose before her, as it is thought.  
There is also an other form of partition, which is equally to divide the lands into so many parts as there be coheirs or parciners, and to write every part so divided in a several scroll of paper, and to put the said scroulles in to a bonnet, or to enclose them severally in balls of wax, and than the eldest sister to choose which ball she wit, or to put her hand in to the bonnet and to take a scroll, & to hold her to her chance and allotment, and so consequently every sister after other.  
And ye shall note, that partition by agreement may as well be made by nude and bare words without writing as by writing.  
That if any of the parceners will not suffer any partition to be made than may the other that would have partition, purchase a write called De partitione facienda against them that refuse partition, to compel the same to suffer partition to be made accordingly, and than by the judgement of the court the sheriff by the serement of twelve men shall make partition between them, and shall assign to each sister her portion, as he shall think good, without giving any election to the eldest.  
And if two Manors of meeses descend to two sisters, and the manners be not of equal value, than may she, to whom the less manner is allotted, have assigned unto her a rent proportionably out of the others manner.  
Finally, ye shall understand, that if a man be seized of lands in fee semple, & hath issue two daughters, and giveth with one of his daughters to an other man that is to marry her the third or fourth part of his land in frank marriage, and dieth, if in this case the daughter that is in this wise advanced, will have her portion of her father's heritage, she must put her land given unto her in frank marriage in hochepot new again. I mean she must be contented to suffer her said lands to be commixte and mingled with the other lands of which her father died seized in fee simple, so that an equal division may be made of the hole, or else she shall have no part of those lands, of which her father died seized. But if her father had made unto her but a common gift in tail, or a feoffment in fee, she should not need to put her lands in hochepot, but may retain them still, & also have as good a part of the rest of the lands of which her father died seized, as her other sister or sisters. For a gift in frank marriage, is accounted the most free or most liberal gift that can be, and that which the law judgeth to be only for the advancement and be stowing of the daughter, where as feoffments in fee and also common gifts in tail be accustomably for other causes, and for the advantage rather of the gyvour, or feoffor then of the taker.   

Of conditions.  
forasmuch as every estate is either pure, or conditional, it were not amiss somewhat to make a declaration of the nature and efficacy of conditions. Wherefore ye shall under stand that of conditions, some be actual conditions, & be called express conditions or conditions in deed, and other some be conditions in law which be called also in latin, Condiciones tacitae, sive condiciones implicitae, because they be secretly implied by the law and not expressed.  
Conditions in deed be such as be knit and annexed by express words to the feoffment lease or granter either in writing or without, as for example if I infeffe a man in certain lands reserving to me & to my heirs so much rent yerlye to be paid at such a feast, and for default of payment, that it shallbe lawful for me to re-enter, this is a feoffment upon condition of payment. For the not payment of the rent shall dissolve the fefment. Semblably it is of gifts in tail, leases. etc.  
But if the condition be, that for default of payment of the rent, it shall be lawful for the feoffor to enter again in to the lands, and to hold them till he be satisfied of the rent, this condition not performed doth not dissolve the feoffment, but only giveth to the feoffor an authority to retain the lands (as it were by way of distress) till he hath levied the arr●ragyes of the rent.  
And ye shall observe, that conditions be sometime made to be performed on the feffees behalf, and sometime on the feoffor's behalf.  
On the feffees behalf, as when I infeffe you of lands upon condition that ye shall do such an act, as to pay unto me or to mine heirs such annual rent.  
On the feoffor's behalf, as when I make a feoffment unto you upon condition that if I pay or cause to be paid unto you before such a day such a some of money, than it shall be lawful for me to enter again & retain my lands in my former estate In this case ye that be the feoffee, are called tenant in mortgage, which is as much to say as a deed gage, and it seemeth that the cause why it is so called, is for asmuch as it is doubtful whether the feoffor will pay at the day prescribed such some of money for the redemption of his lands or no, for if he do not, his title or intresse in the lands thus gauged, & oppignorated is utterly extinct with out all hope of renewing.  
Ye shall note that if the morgageoure dieth before the day of payment, his heir may redeem the land very well even as well as his ancestor that mortgaged the land might have done although there be no mention made of heirs in the writing.  
And if when the money is lawfully by the morgageour or his heir proffered, and the feoffee refuseth to receive the same, the feoffor or his heir may entre, and then hath the feoffee no remedy for his money at the common law.  
Ye shall understand also that some conditions be utterly void in the law, and of none efficacy or strength, as if a feoffment be made of lands in fee simple upon condition that the feoffee shall not alien or put away this same to none other, this condition I say is void, because the feoffee is restrained of his hole pour that the law giveth in such case unto him, and which power and liberty, is in manner included in every feoffment. Yet I may abbrydge him of part of his power, as to condition with him that he shall not alien the lands to such a person or such. But of gifts in tail other wise it is, for if I give lands to a man and to the heirs of his body lawfully begotten upon condition that he nor his heirs shall alien the lands to none other person, this condition is good and effectual in the law, and if he or his heirs contrary to the condition do alien them, than the giver or his heirs may very well enter and retain the lands for ever, because this condition doth stand with the forenamed statute of Westm second which prohibiteth such alienations to be made.  
Hitherunto I have spoken of conditions in deed, now will I show what be conditions in law that be annexed to any estates.  
Know ye therefore, that if the office of a parker, or steward, or such like office be granted to a man for term of his life, though there be no condition at all mentioned in the grant, yet the law speaketh a condition in this case, which is that if the party to whom such office is given shall not execute all points appertaining unto his office accordingly, it shallbe lawful for the grantor to enter and discharge him of his office and this condition is called a condition in law.   

Of livery of season, and of attornment.  
IN all feffementes, gifts in tail leeses for term of life, or for term of an others life of lands or tenements, there can be no alteration or transmutation of possession by the ancient laws of this realm, on less there be a certain cerimonye adhibited and solemnized in the presence and sight of neighbours or others, which ceremony is called livery of season.  
And ye shall understand, that this ceremony of livery of season is done, when the feoffor, donor, lessor or their deputy come with the neighbours solemnly to the lands or tenements, and there put the feoffee donee or lessee in possession of the said lands or tenements by delivering unto him a clod of earth, or the ring of the door, orsome other thing in the name of season, & for this self cause this ceremony of law is called livery of season, that is to wit a tradition or giving of season.  
But this ceremony is not required in lessees for term of years, or in leeses at will, in as much as the lessor in such case remaineth still seized, and the lessee hath only the possession without the seisin and 〈◊〉 the terms of the law be, that such a man is possessed, where as in feoffments, gifts in tail, and leeses for life, he is called seized.  
Wherefore if a feoffment or lees for life be made of lands or tenements and before that the livery of seisin be made the feoffor dieth, the heir of the feoffor shall have the lands per summum ius, that is to lay by the rigour of the law, notwithstanding that the feoffee hath paid to the feoffor the price of the land, & although the feoffee be in possession. But otherwise it is of a lose for term of years.  
I like ceremony is used when rent charges, when rent services, and such other things as pass by weigh of grant, be granted, for it is no full and perfit grant till it be consygnate as it were with the ceremony of attornment.  
This atturnment is nothing else, but when the tenant of the land of which the reversion is granted, or out of which a rent is granted, do make some evident signification and token that he accepteth the person to whom the grant is made to be in the same respect unto him that the granntor was. As for an example if the tenant of the land after he have herd of the grant cometh to the grantee, that is to wit, to the person to whom the grant was made, and say in this wise, or in like effect.  
I agree me to the grant made unto you by such a man, or I am well a paid and contented of the grant that such a man hath made unto you. But the most usual and frequent form of attornment is to say: Sir I attorn unto you by force of the said grant, or I become your tenant, or to deliver unto the grantee a penny or a half penny by way of atturnment.  
If a man maketh first one grant to one person, and after an other to one other person, that grant shall stand to which the tenant will attorn, although it be the latter.  
And ye shall note, that if a man be seized of a manor which is parcel in demene, and parcel in service, and doth alien the same manor to an other, unless the tenants of the manor do attorn, the services shall not pass only tenants at will excepted for it needeth not to cause them to attorn.  
Note furthermore that there is a great difference between giving a penny in name of season, and giving it by way of attornment, for when it is given of the tenant to the grauntee in name of season, it doth not only imply an attornment, but also it giveth him such a season, that if the rent afterward be behind and not paid, he may now upon the season of the penny, after a lawful distress and after rescus made, bring an assyce of novel disseasin, where as if it were given only by way of attornment he could not bring the assize, but his writ of rescus only.  
Also ye shall understand, that where lands be devisable by testament by the custom of any ancient borough or city, if there the reversion of any lands be by testament bequeathed to a man in fee, and testator which we call the divisor dieth the devisee, that is to wit, he to whom the devise was made hath forthwith the reversion in him without further ceremony of attornment. Likewise it is if a man by testament doth bequeath a rend charge that he is seized of, or a rend service, there needeth none attornment at all.  
If two jointenants be of land and the lord granteth the services to an other, if one of the ioynte●aū●ēs atturneth it is enough. Finally, if a lease be made for term of life, the remainder to an other in tail, the remainder over to the right heirs of the tenant for term of life, if in this case the tenant for term of life will grant his remainder in fee to an other by his deed, this remainder passeth forthwith without any attornment, for if any attornment were requisite, it should be made of the tenant for term of life, which in this case is the grantor himself. And in vain it is that the granntor should be enforced to attorn, sith an attornment is adhibited to none other purpose than to have the consent and agreement of the particular tenant, to the intent that it may appear, that he hath notice or knowledge of this grant, but here where as the particular tenant himself is the grantor, an attornment were superfluous, and more than needed.   

Of services.  
hitherunto I have briefly touched and overrun the sundry kinds and forms of estates. Now forasmuch as there is no tenure, but hath unto it some service knit and annexed, it were very necessary to declare how many kinds of services there be, and what service is due to every tenure. For the knowledge her of ye shall understand, that the principal and most common kind of service that the tenant oweth to his lord, is called knights service.   

Knights service.  
knights service includeth homage, fealeie and for most part escuage, and whosoever holdeth his lands by knights service, is bound by the law of this realm to do unto his lord homage and fealty, and to pay for most part escuage, when it shall be assesed by authority of parliament as hereafter more plainly shallbe declared unto you.  
Homage is the most humble and reverent service that a man of free condition can do, for when the tenant shall do homage to his lord, the lord shall sit, and the tenant shall kneel before him upon both knees, and shall hold his hands between his lords hands, and say in this wise, I become your man from this day forthward of life and of member and of earthly honour, and to you shall be faithful and loyal, and faith to you shall bear for the lands that I claim to hold of you, saving the faith that I bear unto our sovereign lord the king, and than the lord so sitting shall kiss him. But if an ecclesiastical person which by his order and profession hath addicted himself to the service of god in especial shall do homage to his lord he shall not say: I become your man because he hath professed himself to be the only man of god: but shall say I do to you homage, and shall be to you faithful and true, and faith to you shall bear for the tenements that I hold of you, saving the faith which I do owe to our sovereign lord the king.  
Ye shall note also, that when a woman not married doth homage to her lord, she shall not say: I become your woman, for it is not convenient that a woman should be the woman of any other than of her husband that she shall marry, but she shall say even as the ecclesiastical person sayeth: I do unto you homage. etc.  
That if perchance a man holdeth sundry lands and tenements of sundry lords, and every of them by knights service, than in the end of his homage making, he shall say, saving the faith that I own to our sovereign lord the king, and to mine other lords.  
And it is to be knoewn, that none is bound to do homage to the lord, unless it be such a tenant as hath in the tenancy an estate of fee simple, or fee tail, either in his own right, or in the right of an other.  
For if a woman have lands or tenements in fee simple or fee tail, which she holdeth of her lord by knights service, and taketh an husband and have issue, in this case the husband in the life of his wife shall do the homage, because he hath a title to have the lands by the courtesy of England if he overliveth her, & also he holdeth them now in his wives right, yet before issue had between them, the homage shall be made in their both names. But if the woman dieth before any homage made by her husband in her life, and the husband keepeth still the lands as tenant by the courtesy, now he shall not do homage to his lord because he hath now an estate but for term of life.  
Fealty is as much to say as a fidelity or faythefulnes, in doing whereof the tenant shall hold his hand upon a book, & say thus, Hear you this my lord, I to you shall be faithful and true, and faith to you shall bear for the lands and tenements which I claim to hold of you, and duly shall do you the customs and services which I own to do you at the terms assigned, as me helpeth god and his saints. And than he shall kiss the book, but he shall not kneel as he the doth homage.  
And ye shall observe that homage can not be done but to the lord himself, where as the steward of the lords court or the bailiff may take fealty for the lord. Also tenant for term of life shall do fealty, but homage (as is said) he can not do.  
Now as concerning escuage that is to say, the service of the shield ye shall understand, that he that holdeth his lands by escuage, when the king maketh a voyage royal in to Scotland for the subduing of the Scots, is bound to be with the kings Majesty by the space of xl days well and conveniently arrayed and appointed for the war. And he that holdeth his land but by the moiety of the fee of knights service, is bound by the force of his tenure to be with the king by the space of xx. days, and so proportionably according to the rate and quantitte of his tenure.  
But now to our institute and purpose, after this voyage royal in to Scotland (in which the king goeth in person) and after the retire in to England again, a parliament is wont to be summoned, in which shall be prescribed & asseised what every person that held his land by homage and went not with the king neither by himself, nor by his deputy, shall pay to his lord in satisfaction of his not serving, and according to the taxation hereof, every tenant shall pay to his immediate lord, whether it be the king or other after the rate and portion of his tenure, if he holdeth by an hole fee, he shall pay the hole escuage, if by a moiety, the half, if by the fourth part of a fee, the fourth part. etc. and this money thus asseysed, is called scurage or escuage, for which the lord to whom it is due, may very well for the non payment thereof distrain.  
But here it is to be noted, that some tenants by custom used time out of mind are bound to pay but the moiety, or the third part of that which shall be asseised and limited by act of parliament.  
Yea, and the custom is in some place, that to what some of money so ever escuage is asseised, that tenauntis shall pay never but such a certain somme of money, and this escuage is called escuage certain, where as the other is called escuage uncertain.  
Finally ye shall understand, that escuage uncertain is always adjudged to be knights service, and draweth unto it ward, marriage, & relief, but escuage certain is no knights service but is of the tenure of socage as shall be hereafter more amply showed.   

Of ward marriage and relief.  
Every knights service draweth unto it, ward, marriage, and relief. Wherefore it is now right expedient somewhat to entreat of them.  
Ye shall therefore be admonished, that when the tenant which holdeth his land by knights service dieth, his heir male being at that time within th'age of xxj years, the lord shall have the ward, that is to say, the custody or keeping of the lands so holden of him to his own use and profit, till the heir cometh to the full age of xxj years. For the law here presumeth that till he come to this age, he is not able to do such service, as is of this tenure required Furthermore if such heir be unmarried at the time of the death of the tenant, than the lord shall have also the ward and bestowing of the marriage of him.  
But if tenant by knights service dieth, his heir female being of th'age of xiiii years or above, than the lord shall have the ward neither of the land ne yet of the body of such an heir, and the reason hereof is because a woman of that age may have a husband able to do knights service, that is to say, to wait upon the kings majesties person when he advanceth into Scotland with his army royal.  
But if such an heir femalle be within the age of xiiii years and not married at the time of the death of her ancestor, than the lord shall have the ward of the land holden of him, till such heir female cometh to the age of xvi years, by force of an act of parliament in the statute of Westm the first.  
Note that there is a great diversity in the law between the ages of females and of males, for the female hath these many ages appointed by the law. first, at vii years of age the lored her father may distrain his tenants for aid to marry her. second, at ix years of age, she is dowable. thirdly, at xii years she is able to assent to matrimony.  
Fourthly, at xiiii years she is able to have her land, and shall be out of ward if she be of this age at the geantye, but of the king only.   

Homage ancestral.  
Tenant by homage auncestrel is he which holdeth his land of his lord by homage, and both he and his ancestors whose heir he is have holden the same land of the said lord & of his ancestors time out of mind by homage, and have done unto them homage, and this is called homage ancestral, by reason of the long continuance which hath been by title of prescription as well concerning the tenancy in the blood of the tenant, as concerning the lordship in the blood of the lord. And this service of homage ancestral draweth unto it warranty (that is to say) if the lord which is now in life hath once received the homage of his tenant, he ought to warrant the same tenant, what time so ever he shall be impleaded or sued for such land so holden of him by homage ancestral.  
Moreover such service of homage ancestral draweth to it acquittal (that is to say) the lord ought to acquit the tenant against all other lords that can demand any manner of service out of the tenancy.  
Wherefore if in this case the tenant which holdeth by homage ancestral be impleaded of his lands, and voucheth his lord to warranty, who cometh in by process and demaundethe of the tenant what he hath to bind him to the warranty, and the tenant showeth how he and his ancestors, whose heir he is, have holden his land of him and of his ancestors time ease or continual infirmity. All these and such like be dispargementes. But here also ye shall understand, that it shall be said no dispargement, unless the heir be so married when he is within the age of discretion, that is to say, within the age of xiiii years. For if he be of that age or above and consenteth to such marriage, it is no dispargement, neither shall the lord for such marriage lose his ward, because it shall be reputed and assigned to the folly of the heir being of age of discretion to consent to such marriage.  
Now, if the garden offer to the heir being in his ward a convenient marriage without dispargement, and the heir refuseth it, as he may very well do, than the lord shall have the value of the marriage of such heir, when he cometh to his full age. But yet if he mary himself being so in ward against the will of his garden, than he shall pay the double value by force of the statute of Merton before remembered.  
And ye shall note that if lands holden by knights service descend to an infant from his mother, or from any of his ancestors, his father being yet alive, in this case the lord shall not have the marriage of this heir, for during the life of the father, the son shall be in ward to no man.  
Finally, it is to be known, that he which is garden in chivalry in right, may after he hath seized the ward, grant the same either by deed or without deed to an other man & than he to whom such grant is made is called garden in feat.  
Now as touching relief, ye shall know, that if a man holdeth his land by knights service and dieth his heir being of full age (the full age of the male is xxi years, of the female xiiii) then the lord of whom the land is holden shall have of the heir relief.  
Relief of a hole knights fee is. C s. & of half a knights fee fifty. s.  
Also a man may hold lands of a lord by two knights fees, and than the heir being of full age at the death of his ancestor, shall pay to his lord for relief ten pounds.   

Service of castle garder.  
YE shall understand that a man may hold by knights service and yet not hold by escuage, nor shall pay no escuage, for he may hold by castle garder, that is to say, by service to keep a tower of his lords castle, or some other place, upon a reasonable warning, when his lord heareth that enemies will come or be already come into England.  
This service is also knights service, and draweth to it ward marriage & relief, as the common knights service doth.   

Of grand sergeauntie.  
THere is also an other kind of knights service, called grand sergeantye, which is where a man holdeth is lands or tenements of the king by such service as he oweth in proper person to do, as to bear the banner of our sovereign lord the king, or his spear, or to conduct his host, or to be his marshal, or to be the sewer, caruar, or butler at the feast of the coronation, or to be one of the chamberlains of the receipt of his eschequere, or to do like services to the king in proper person, such manner of service I say, is called grand sergeantye, that is to say a great or high service, and the cause why it is so called, is because it is the most honourable and most worthy service that is, for he that holdeth by escuage is not appointed by his tenure to do any other more special service than an other is bound that holdeth by escuage, but he that holdeth by grand sergeantye, is bound to do some special service to the king.  
Also if he that holdeth of the king by grant sergeanty dieth, his heir being of full age, than the heir shall pay to the king for relief, not only. C.S. as he that holdeth by escuage shall do, but moreover the clear yearly value of those lands and tenements which he so holdeth of the king by grand sergeantye.  
Furthermore ye shall observe that in the marches of Scotland some men hold of the king by coruage, that is to say, by blowing of an horn to the intent to warn the men of the country when they hear that the Scots or other their enemies be coming, or be already entered in to England, which service is also a kind of grand sergeanty.  
Grande sergeantie therefore is as much to say in latin, as magnum seruitium, that is to say, a great or high service, like as petite sergeantye is called parvum seruitium, that is to say, a little or small service.  
But to revert again to the mamatier ye shall note if any tenant holdeth of any other lord than of the king by such service of cornage, than it is no grand sergeantye, but yet nevertheless it is knights service, & draweth to it ward marriage and relief, for this is a rule infallible that none can hold by grand sergeanty but of the kings own majesty.  
finally ye shall understand, that all they which hold of the king by this service called grand sergeanty do hold of the king by knights service, and by virtue of this tenure the king shall have of them ward marriage and relief, but escuage yet he shall not have of them whiles they hold by escuage of him by express and special words.   

Petite sergeanty.  
tenant by petite sergeantye is he that holdeth his land immediately of our sovereign lord the king by this manner of service, to pay to the king yearly either a vow, a spear, a dagger, a sword, a pair of gantlettes, a pair of spurs of gold, a shaft or such other small things appertaining to the war, & this service is in effect but socage, because that such a tenant is not bound by his tenure to go ne do any thing in his own proper person touching the war, but only to render and pay yearly certain things to the king, as a man ought to pay a rent wherefore this service of petite sergeantye is no knights service, but yet ye shall note, that a man can not hold neither by petit sergeauntye neither by grand sergeantye, out of mind, surely the lord if he can not deny this, and if he hath received the homage of such a tenant, is bound by the law to warrant him his land, so that if the tenant lose his land in default of the lord thus vouched (that is to say) called to warranty, he shall recover against him so moche in value of those lands and tenements which the lord had at the time of calling to warranty or at any time after. But if the lord never received the homage of his tenant, than he may very well when he is thus vouched disclaim in the lordship or signory, and so put out the tenant of his warranty. Where ye shall note, that in every case where the lord disclaim in his signory in court of record, his signory or lordship is extinct, and the tenant shall hold from thensforthe of the next lord to him that thus disclaimed.  
Thus ye perceive that homage ancestral is not but where as is a long continuance, as well in the blood of the tenant in respect of his tenancy, as in the blood of the lord in respect of his signory. Wherefore if the tenant doth once alien his lands to an other, although he purchaseth the same again, yet he shall not hold any longer by homage ancestral because of this discontinuance, but shall hold it now by the vulgar & accustomed homage.   

Of socage.  
SOcage is properly, where the tenant is bound to come with his soak (that is to say) with his plough to ear and sow parcel of the demene lands of his lord, which service in ancient time was very comen & frequent but now by the mutual consent both of the lord and of the tenant it is converted for the most part in to a yearly rent. How be it the name of socage abideth still wherefore now all that is not knights service is called by the name of socage.  
So that if a man holdeth by fealty only, or by fealty and homage for all manner of service, it is but socage tenure for homage alone maketh not knights service, yea if a man holdeth by escuage certain, as I have said here tofore, he holdeth in effect but by socage.  
Now where a man holdeth his lands by socage and dieth, his heir being within th'age of xiiii years the lord shall not have the ward but the next of kin to the heir to whom the heritage can not descend shall have the wardeshyp as well of the land as of the heir, till the heir come to the age of xiiij years, and such garden is called garden in socage, and shall render accounts to the heir for the issues and profits that he hath received of the lands during such time, his reasonable costs and expenses deducted, so that he shall not have the wardeshyp to his own use & profit as garden in chivalry hath.  
Finally ye shall understand that when tenant in socage dieth, the lord shall have relief, that is to say the value of the rent that is yearly due unto him of the tenancy beside the yearly rent: so that in effect after the death of his tenant he shall have of the heir ii rents, save that for the relief, he may distrain forth with, but for the accustomed rent he can not distrain till the usual day of payment be come.   

Francke almoyne.  
tenant in frank almoygne, that is to say in free alms is where a bishop, dean, or any other ecclesiastical person holdeth of his lord in pure and perpetual alms, and such tenure began first in old time after this manner. When a man was seized in ancient time of certain lands or tenements in his demene as of fee, & of the same tenements enfeoffed an abbot & his covent or a prior & his covent, or any other person ecclesiastical, as a dean of a college master of an hospital, or such like to have & to hold the same lands to them and to their successors for ever in pure and perpetual alms, or in frank alms, in these two cases the tenements should be holden in frank almoyne.  
By force of which tenure they that hold in frank almoyne after this sort be bound of right before god to make orisones and prayers, to celebrate masses and to do other divine services for the soul's of their graunters and feffers, and for the souls of their heirs which be dead and for the prosperous estate of their heirs that be now alive. And because of right they be bound to this divine service, they be discharged by the law to do any other profane or corporal service, as fealty or such other like.  
But nevertheless if such as hold their tenements in frank almoyne do omit and leave undone these divine services whereunto they be bound before god, the lord can not distrain them, ne yet compel them by any other means by the course of the common law, but the only remedy is to complain of them to their ordinary, who of right aught to compel such ecclesiastical persons to do the divine service due as afore said.  
But here ye shall note that if a person of a church or any other ecclesiastical person holdeth of his lord by certain divine service to be done, as to sing mass every friday in the week, or placebo and ●irige, or to find a priest to sing mass or to distribute in alms. C. pence to a hundred men at such day: in all these cases, if such divine service be undone, the lord main very well distrain, because the service is put here in certainty.  
Now I said, that if in old time a man did enfeoff such ecclesiastical person after such sort, he should hold his land in frank almoyne, but at this day it is otherwise, for by the reason of a statute called, Quia emptores terrarum, no man can alien ne grant lands or tenements in fee simple to hold of himself, so that now if a man being seized of lands in fee simple granteth the same by licence to an ecclesiastical person in frank almoyne these words frank almoyne be void, & the ecclesiastical person shall hold them immediately of y●, lord of the feoffer by the same services that the feoffer held, so that no man can hold in frank almoyne, but by force of a grant made before the said statute, only the kings majesty excepted, for he is out of the compass of the-statute.  
Finally, ye shall note that where as a man holdeth in frank almoyne, his lord is bound by the law to acquit him of all manner of service that any other lord can have or demand out of the said lands.  
That if he doth not acquit him but suffer him to be distrained, than he shall have against his lord a certain writ, called a wryt of mean, and shall recover against him his damages and costs of his suit.   

Of burgage.  
A Tenure in burgage, is where an ancient broughe is, of which the king is lord, and they which have tenements within the same borough hold the same of the king, paying a certain yearly rent, which tenure in effect is but socage tenure. Likewise it is, where as any other lord spiritual or temporal is lord of such broughe.  
Here ye shall note that for the most part such ancient burghes have divers customs and usages which other towns have not. For some burghes have a custom, that the youngest son shall inherit before the eldest, which custom is called commonly broughe english.  
Also in some burghes by the custom the woman shall have for her dower all the lands and tenements whereof her husband was seized at any time during the coverture.  
Moreover in some burghes a man may devise his lands or tenements by testament at the time of his death, and by force of such devise or legacy, he to whom the bequest was made, after the death of the testator may by force of this ancient custom entre in to the lands so to him bequeathed or devised without any livery of season to him made or further ceremony of law.  
divers other customs in England there be contrary to the course of the common law, which if they be any thing probable and may stand with reason are good and effectual, not withstanding they be against the common law.   

Of villeinage or bond service.  
A Tenant in villeinage is proper lie when a villain, that is to say, a bondman holdeth of his lord, whose bondman he is, certain lands or tenements, according to the custom of the manor or otherwise at the will of his lord, and to do his lord villain service, as to bear & to carry the dung of his lord out of the city or out of his lord manor, & to lay it upon the demean lands of his lord, or to do such like servile & villain service. How be it free men in some places hold their tenements & lands of their lords by custom, by such sort of service, and their tenure is called tenure in villeinage, & yet they themselves be no villains ne of servile condition but free men. For the land holden in villeinage maketh not the tenant a villain, but contrary wise a villain may make free land to be villain land unto his lord. As if a villain purchaseth land in fee simple or in fee tail, the lord of the villain may entre into the land so purchased by his bondman and put him and his heirs out for ever, and this done, the lord if he will may lease the same land to his villain to hold of him in villeinage.  
And here ye shall understand, that servitute or villeinage, is the ordinance, not of the law of nature but of that law, which is called Ius gentium, by which a man is made subject (contrary to nature) unto an other man's dominion. For he that is a villain or bondman, either he is so by title of prescription (that is to say) he and his ancestors have been villains time out of mind, or else he is a villain by his own confession in court of record, so that all villains either they be borne villains, or else they be made so. They be borne villains when their father being a bond man himself begetteth them in lawful wedlock, either of a free woman or of a bond woman for so that the father be bond, the issue of him lawfully begotten must needs be bond by the laws of England, having no regard to the condition of the mother, where as in the civil law it is clean contrary. For there partus sequitur ventrem (that is to say) the servitute or bondage of the mother maketh the child bond and not of the father. How be it the bastard son of a bondman shall not be bond, because a bastard is, nullius filius in the law, that is to say noman's son.  
They be made villains two ways, either by their own proper act, as when a free man being of full age will come into a court of record, & there confess himself bon●e to an other man.  
Or else by the laws of arms, called, Ius gentium: as when a man is taken prisoner in wars, and is compelled to serve and become the thrall and bondman of him that took him: the law calleth such person a villain.  
And ye shall note that villains be properly called in latin servi, because that when they be taken in war, the captains be wont not to kill them, but to sell them, and so to save their lives, so that they be called servi a seruando, that is to say of saving. They be also called Mancipia, a manu capíendo, because that they be taken by hand & pour of the enemies.  
Now as I said by the law o● nature we are all borne free, but after that by the law of Gentility seruit●te invaded the world, than ensued the benefit of manumission. Manumission is de manu datio, that is to say a giving out of the hand or power. For so long as a man is in bondage and servitute, he is subject to the hand and power of an other, and when he is manumissed he is made free & delivered from the said power, so that a manumission is nothing else than an enfranchisement that is to say, a writing testifying that the lord hath enfranchised his villain & all his offspring and sequel.  
Also if the Lord maketh to his villain an obligation of a certain sum of money, or granteth to him by his deed an annuity or yearly pension, or leaseth to him by deed lands or tenements for term of years, any of these acts do imply an enfranchisement.  
Likewise if the Lord maketh a feoffment to his villain, and maketh unto him livery of seys●, this also is an enfranchisment and secret manumission. briefly to speak, where so ever the lord compelleth his villain by the course of the law to do that thing that he might otherwise enforce him to do or to suffer without the authority and compulsion of the law, he doth by implication enfranchise his villain, as if the lord will bring against his villain an action of det, an action of account, of covenant or of trespass, these and such like be in the eye of the law enfranchisementes and manumissions, because that the lord in all these cases may have the effect and purpose of his suit (that is to say) the goods, cattles, and correction of his bondman without the compulsion of the law even by his own proper power and authority which he hath upon his villain. But if the lord doth sue his villain by an appeal of felony, the villain being lawfully indicted of the same before, this is no tacit manumission or enfranchisement, for the lord though he have power to beat his villain and to spoil him of his goods, yet he can not by the law of this Realm put him to death.  
Ye shall also understand, that if a man's villain purchaseth lands or acquire and get unto him any other thing, the lord may by and by entre, and seize the same in to his own hands. Wherefore if the lord will bring against his villain a praecipe ꝙ reddat, by which he demandeth against his villain any lands or tenements, this implieth an enfranchisement, for asmuch as he bindeth himself to the prescript and authority of the law, where as he might use his own authority, by entering and seizing the said lands.  
Finally ye shall mark that some villains be called villains in gross, and other some be called villains regardant. In gross be they of which the lord is severally seized, and not by reason of any lordship or manner, but they be called regardaunte which do belong to a manor, of which the lord is seized, and the said villains have been regardant (that is to say) expectant and attendant time out of mind to the lord of the said Manor, in doing unto him such services as to a villain appertain.   

❧ Of rents. ❧  
FOr as much as upon every tenure there is commonly reserved one rent or other: therefore I think it good somewhat to treat of rents. But ye must understand that there be sundry sorts of rents. There is one kind of rent which is called rend service. ●n other which is called rend charge, and the third which is named in french rent seek, that is to say in latin redditus siccus, a dry rent. Now rend service is so called, because it is knit to the tenure, and is as it were a service, whereby a man holdeth his lands or tenements, or at least way when the rent is unseverably coupled and knit with the service, as for an example, where the tenant holdeth his land of the king or of any other lord by fealty and by certain rent, or by homage, fealty and certain rent, or by any other sorts of services & by certain rent, this rent is called rent service. And here ye shall note, that if this rend service, be at any time when it ought to be paid, behind and unpaid, the lord of whom the land or tenement is so holden, whether it be in fee simple, fe tail, for term of life for years or at will, may of common right entre and distrain for the rent, though there be no mention at all, ne clause of distress put in the deed or lease. I said before, that the nature of this rend service is to be coupled and knit to the tenure. For where no tenure is, there can be no rent service. And therefore, if at this day I be seized of lands in fee simple, and make a deed of feoffment of the same to an other in fe simple, reserving by the same deed a rent, this can be called no rent service, because there can be now no tenure between the feoffor and the feoffee. Otherwise it is of feoffments in fee simple, made before the statute of Westmester the third called Quia emptores terrarum. For before the making of the statute, if a man had made a feoffment in fe simple, reserving to him a certain rent, yea though it had been without deed, here had been created a new tenure between the feoffor and the feoffee, and the feoffee should have held of the feoffor, who by virtue of the same might of common right have distrained for such rent. But at this day, by force of the said act, there can be no such holding or tenure created nor begun, and consequently no rent service can be at this day reserved upon any gift in fee simple, except it be in the kings case, who being chief lord of all ever might and may give lands to be holden of him. Thus ye see, that at this day, no subject can reserve any rent service unto him, unless the reversion of the lands or tenements that he shall grant, be still in him, as where he granteth them in fe● tail, or maketh but a lease for term of life or for certain years or else at wil For in all these cases the reversion of the fee simple remaineth still in him, and therefore if here be any rent reserved, it is to be called a rend service, and is of common right distreynable, though there be no clause of distress in the deed of feoffment or lease.  
But here ye will ask me, when in the case before remembered, a man at this day giveth clean away the land or tenement from himself in fee simple, so that there is no manner of reversion of the same remaining in him at all, and yet nevertheless reserveth unto him by his deed a certain rent: what manner rend this shall be called? I answer, if there be in the deed indented any clause of distress put, that is, that if the rent be behind unpaid, it shallbe lawful for the feoffor to enter and to distrain, it is called a rent charge, forasmuch as the land is charged therewith, but how? of common right? no, but only by virtue and force of the writing.  
But on the other side, if there be no such clause of distress put in the indenture, than the rent so reserved shall be called a rent seek.  
Likewise, if a man that is seized of certain lands, will grant either by indenture or by his deed poll that is to say single and not indented, a yearly rent out of the same lands to an other, whether it be in fe simple, fe tail, for term of life, for years, or at will, with clause of distress, than this rent is called a rent charge and he to whom such rent is granted may for default of payment thereof, entre and distrain. But contrarily, if the grant be made without any such clause of distress, it is called rent seek that is to say a dry rent, because he can not come to it in case it be denied, by way of distress in so much that if he were never seized of it, he is by the course of the common law without remedy. Otherwise it is of a rend charge, for here he to whom the grant is made, when the rent is behind may choose whether he will sue a writ of annuity against the granntor, or distrain for the rent behind, and retain the distress till time he be paid accordingly. But he can not have both remedies together, but must take him to the one, for if he ones recover by a writ of annuity, then is the land discharged. And if he sew not his writ of annuity, but distrain for the arreragies, and the tenau●te seweth a replevin, whereupon that other avoweth the taking of the distress in court of record: then is the land charged and the person of the grantor discharged of the action of annuity. Ye shall also understand, that if a man will, that an other shall have a rend charge coming out of his land, and yet will not that his person should be by any means charged by writ of annuity, he may than have such clause in the end of his deed. Proviso ꝙ praesens scriptum, nec quicquam in eo contentum ullo pacto se extendat ad onerandam personam meam per breve seu actionem de annuitate, sed tantum modo valeat ad onerandum, terras, fundos, & tenementa mea de annuo redditu praedicto, If this or such like clause be added, than the land is charged and the person of the grantor is discharged.  
Also if a man will make a deed of grant in this wise, that if john at Style be not yearly paid at the feast of Christms for term of his life twenty shillings sterling, that then it shall be lawful for the said John at Style to distrain for it in the manor of Dale: this is a good rend charge, because the manor is charged with the rent by weigh of distress, and yet nevertheless in this case the person of him that made such deed is discharged of any action of annuity, forasmuch as he granted not by his deed any annuity to the said John at Style but only granted, that he might distrain for such yearly rent.  
Furthermore ye shall note, that if a man hath a rend charge to him and to his heirs coming out of certain lands, and doth purchase any parcel of this land to him and to his heirs, in this case the hole rent charge is qwenched and gone, and the annuite also, the cause is this, the a rend charge can not be in such case apporcioned. Otherwise it is of a rend service, for if one which hath a rend service as for example, xx d. by year doth purchase parcel of the land out of which this yearly rent of, xx d. is coming, this shall not extinguish ne drown the hole rend, but for that parcel only. For rend service in such case may very well be apporcionate and rated according to the value of the land. Yet there be some sorts of rents services which in no wise can be apporcioned. As where a tenant holdeth his land of his lord by the service to render to his lord yearly at such a feast, an horse, a ring of gold, a red rose, a gylover 〈◊〉 such like, if in this case the lord doth purchase parcel of the land thus of him holden, this service is gone, because such service can not be severed ne apporcioned. Also escuage is a service that may very well be apporcioned according to the afferaunce and rate of the land.  
But where any land is holden by homage and fealty, if the lord purchaseth parcel of the land, yet he shall have his homage and fealty still of his tenant.  
Ye shall mark also, that if a man maketh a lease of lands to an other for term of life, reserving to him certain rent: if in this case he granteth the rent to john at Style saving to himself the reversion of the said land, this rent is but rent seek because john at Style that hath the rent, hath nothing in the reversion of the land. But if he granteth the reversion of the land to john at Noke for term of life and the tenant atturneth accordingly, than hath john at Noke the rent as rent service because he hath the reversion for term of his life.  
Likewise it is, if a man giveth lands or tenements in tail, reserving to him & to his heirs certain rent, or maketh a lease of the land for term of life, reserving certain rent, if he granteth the reversion to an other and the tenant atturneth accordingly, the hole rend and service shall pass by this word reversion, because the rent and service in such case be incident to the reversion and do pass by the grant of the reversion. But if he had granted the rent only: the reversion had not passed.   

¶ What remedy a man hath to recover his rent when it is behind.  
I showed you before, that for a rend service if it be behind, ye may distrain in the ground even of common right though there be no such clause of distress mentioned in the deed of feoffment, grant or lease. Also for a rent charge ye may distrain or bring your wryt of annuity at your choice and election, as before is declared. But of a rent seek if ye were never seized of it nor of any parcel thereof, ye be without remedy by course of the common law, for ye can not distrain for it, nor yet bring your writ of an nuitie, but if ye were once seized of it or of parcel thereof and it is eftsoons behind, than your remedy shall be this. Ye must go either by yourself or by your deputy to the land or tenement out of which the rent is coming, and there demand the arreragies of the rent, which if the tenant deny to pay, this denial is a disseisin of the rent. Also if the tenant be not then ready to pay it, this countervaileth a denial which is a disseisin. Moreover if neither the tenant nor none other man be remaining upon the ground to pay the rent, when ye demand the arreragies, this also is a denial in the law, and is in very deed a disseisin. And of these disseisinꝭ ye may have an assize of novel disseisin against the tenant, and shall recover seisin of the rent and the arreragies and your damagies and costs of your writ and of your plea. And if after such recovery and execution had, the rent be again at an other time denied you, than ye may have a redisseisin and shall recover your double dammagies. etc.  
It shallbe therefore good wisdom for a man when a rent is granted by any person unto him, to take of the tenant of the land a penny or an halfpenny in name of seisin of the rent, and then if at the next day of payment the rent be denied him, he may have an Assize of novel disseisin.  
And ye shall note, that there be three causes of disseisin of rend service, that is to weet, rescous, replevin & encloser. Rescouse is, when the lord upon the land holden of him, distreyneth for his rent behind, and the distress is rescued from him, or if the lord come upon the land and will distrain, and the tenant or any other man for him will not suffer him, this is called Rescouse.  
Replevin is, when the lord hath distrained & replevin is made of the distress by writ or by plaint. Encloser is when lands or tenements be so enclosed that the lord can not come within the lands or tenements for to distrain. And the chief cause why such things so made be disseisins to the lord is for as much as the lord is by this weigh disturbed of the mean and remedy whereby he ought to come and have his rent, that is to weet, by distress.  
And there be iiiij. causes of disseisin of a rend charge, the is to weet, rescous, replevin, encloser, and denier. For denier or denial is aswell a disseisin of a rent charge, as it is of a rent seek.  
Finally ye shall understand, that there be two causes of disseisin of a rent seek, that is, denial & en●loset.  
And is seemeth that there is yet an other cause of disseisin of all the three rents aforesaid, that is to weet this, when the lord cometh to the land holden of him, or when he that hath a rend charge or a rent seck cometh to the land to distrain for the rent behind, and the tenant hearing this, encountereth him, and forstalleth him the weigh with force and arms, and menaceth him in such sort as he dare not come to the ground for to distrain for his rent behind for fear of death or of mutilation of his members: this is a disseisin because the party is disturbed of his mean & lawful remedy whereby he ought to come to his rent.  
Finally ye shall observe & mark, that by an act of parliament made in the xxxij. year of our sovereign lord king Henry the eight, it is lawful for the executors and administratoures of tenants in fe simple, tenants in fee tail and tenants for term of life of rend services, rend charges, rent seeks and of fee fermes, for the arreragies of such rents as were due unto their testatoures in their lives, either to distrain for the same or at their election to bring an action of debt, saving in such lordships in Wales or in the marches thereof, where the tenants have used time out of mind to pay unto every lord at his first entry into the lordship any sumine of money for the redemption of all manner duties and penalties incurred at any tune before their lords entry.  
Also by force of the said art the husband which was seized in the right of his wife may after the death of his wife either distrain or bring an action of debt for the arrearages of such rents as were due & unpaid in her life.  
Likewise it is of him that hath a rent for term of an other man's life, if he for term of whose life he hath the rent dieth, yet by virtue of the said act he or his executors and administratoures may either distrain or bring an action of debt for the arreragies due before the death of him for term of whose life he had the rend   

How Auowries ought to be made of rents and services, enacted. ann. 21. Hen. 8.  
WHere any lands be holden of any person by rents, customis, or services, if the lord distrain upon the same lands for any such rents, customs, and services, and replevin thereof be sued, the lord may avow or his bailiff or servant may make cognisance or justify the taking upon the same lands, as within his fee and scignorye, alleging in the said avowry conysance or justification the same lands to be holden of him, without naming any person certain to be tenant of the same, and without making any avowrye, justification, or conisaunce upon any person certain. And likewise upon every writ sued of second deliverance. And they that make any such avowrye, justification, or conisaunce, if the same avowry cognisance or justification be found for them, or the plaintiff be non●u●● or otherwise barred, than they shall recover their damagies and costs. Also the said playntyffes & defendauntꝭ shall have like pleas & like aid prayers (pleas of disclaimer only except) as they might have had before the making of this act. Also such persons as by the cominen law may join to the plaintiff or defendant in the said writs of replegiare or second deliverance, as well without process, as by process; shall from henceforth also in this case join unto them as well without process as by process, and have like pleas and like advantages in all things (disclaimer only except) as they might have by the comen law before this act.   

¶ An act for assignees or grantees of reversions to take advantage of the conditions to be performed by the farmers. made. Turrian. 32. Hen. 8.  
IT is enacted that aswell all persons which have or shall have any gift or grant of the king by his letters patents of any lordships lands tenements rents personages tithes portions or other hereditaments or of any reversion of the same, which did belong to any monastery or other ecclesiastical house dissolved or by any other means come to the kings hands sithence the four day of February in the xxvii. year of King Henry the eight, or which at any time heretofore did belong to any other person & after came to the kings hands, As also all other persons being grantees or assigns to the king or to any other person and their heirs executors successors and assigns shall have like advantage against the farmers their executors administratoures & assigns by entry for not payment of the rent, or for doing of waste or other forfeiture, and also shall have the same advantage by action only for not performing of other conditions covenants or agreements contained in the indentures of their leases or grants against the said fermoures and grantees their executors administrators & assigns, as the said lessoures or grauntoures themselves might have had at any time.  
Provided, that this act shall not extend to hindre or charge any person for the breach of any covenant or condition comprised in any such writings as is aforesaid, but for such covenants and conditions as shallbe broken or not performed after the first day of Septembre in the xxxij. year of king Henry the viii, & not before.   

¶ How tithes and other profits ecclesiastical shallbe recovered, enacted. Turrian. 32. Hen. 8.  
ALL persons shall truly pay their tithes and offerings according to the lawful customs & usages of parishes & places where such tithes or duties be due. And in case they will wilfully withhold them or any parcel of them: the party whether he be ecclesiastical or lay that should have the said tithes or offerings, may convent the persons so offending before the ordinary his commissary or other competent ministre or lawful judge of the place where such wrong shall be done according to the ecclesiastical laws. And in every such cause of suit the same ordinary or leeful judge having the parties or their lawful procurators before him, shall by virtue of this act proceed to the determination thereof ordinarily or summarily according to the course of the said laws, and thereupon shall give sentence accordingly. And in case any of the parties for any matter concerning that suit, do appeal from the sentence & definitive judgement of yesaid judge, than the same judge forthwith upon such appellation made, shall adjudge to the other party the reasonable costis of his suit, and shall compel the same party appellant to pay the same by compulsary process and censures of the said laws ecclesiastical, taking surety of the other party to whom such costs shall be adjudged & paid, to restore the same to the party appellant, if afterward, the principal cause of that suit of appeal shall be adjudged against him. And so every judge ecclesiastical by virtue of this act shall adjudge costs to the other party upon every appeal to be made in any suit or cause of subtraction or detention of any tithes or offerings or in any other suit to be made concerning the duty of such tithes or offerings. That if any persons after such sentence definitive given against them, shall obstinately refuse to pay their tithes or duties or such sums of money so adjudged wherein they be condemned, than two justices of that peace of the same shire, whereof one to be of the quorum, shall upon certificate or complaint to them made in writing by the ecclesiastical judge that gave the sentence, cause them to be attached and committed to the next jail, there to remain without bail or mainprize, till they shall have found sufficient sureties to be bound by recognizance or otherwise before the same justices to the kings use for the performance of the said judgement.  
Provided, that no person shall be sued or otherwise compelled to pay any tithes for any lands tenements or hereditaments which by the laws of this realm are discharged or not chargeable with the payment of any such tithes.  
Provided also that this act shall in no wise bind the inhabitants of the city of London and suburbs of the same, for to pay their tithes and offerings within the same city and suburbs otherwise then they should have done before the making of this act.  
And it is further enacted that where any that hath an inheritance frehold term or interest in any parsonage vicarage portion pension tithes oblations or other ecclesiastical profit which is or shallbe made temporal or admitted to be in temporal hands by the laws or statutes of this realm, shall fortune to be deceased or otherwise put from his lawful inheritance possession occupation term or interest in the same by any other person claming to have interest therein: the person so disseised or wrongfully put from his said right or possession his heirs, wife, and other to whom such wrong shallbe done, may have his remedy in the kings temporal courts, as the case shall require for the recovery of the same by writs original of prec. ꝙ reddat, ass. of novel disseison, mortdanc, Quod ●i deforciat, writs of dower, or other writs original to be granted in the chancery of every such ꝑsonage vicarage portion pension or other profit ecclesiastical according to the nature of the suit thereof. And that writs of covenant and other writs for fines to be levied & all other assurancies to be made of any such parsonage or profit ecclesiastical shallbe hereafter devised & granted there, like as hath been used for fines to be levied and assurance to be had of lands or other hereditaments, and that all judgements to be given upon any of the said writs original so to be granted for any the premises, & all fines to be levied & knowledged in any of the king's said courts thereof, shall be of like force in the law as judgements given & fines levied of landꝭ tenementis & here ditaments in the same courts upon writs original therefore duly pursued.  
Provided always, that this last act shall not extend to give any remedy or suit in the courts temporal against any person which shall refuse to set out his tithes, or which shall withhold or refuse to pay his tithes or of feringes, but that in all such cases the party as well lay as ecclesiastical having cause to demand the same, shall take and have his remedy for the said tithes or offerings in every such case in the spiritual courts according to the ordinance in the first part of this act mentioned and not otherwise.   

¶ of mortuaries, enacted Turrian. 21. Hen. 8.  
NO person spiritual nor their farmers nor bailiffs shall call any person before any judge spiritual for the recovery of any Mortuaries more than is hereafter mentioned upon pain to forfeit for every time so much in value as they shall take above the some limited in this act and over that xl. s. to the party grieved, for which he shall have an action of det by writ bill or information; wherein no wager of law effoin nor protection shallbe allowed, First no mortuary shallbe taken of any which at his death hath in movable goods under the value of x. mark. Also no mortuary shall be taken but only where Mortuaries have been used to be paid, and there after the form hereafter mentioned. Nor in no more places but one, that is to were, there where his most abiding is and there but one. Nor no person shall take for a mortuary of any person being at his death of the value of x. marks above his debts paid and under xxxli. above iij s iiij. d. And of the value of thirty li. and under lx lj. not above vi s viii d. And of the value of lx. li. or above to any sum what so ever it be, not above x. s. Provided that no mortuary shall be asked nor paid for any woman covert baron or child or any person not keeping house or for any wayfaring man, but the mortuaries of such wayfaring men be an swe●able in that place where they had their most dwelling at the time of their death.  
Provided that any such spiritual person may take any thing which shall be disposed or bequeathed to him or to the high altar of the church. Also no thing shall be taken for Mortuaries in wales nor the marches of the same nor in Calais or Berwyke or the marches of the same, but only in such places of the same where mortuaries have been accustomed to be paid and there but only after the form above specified. Provided that the bishops of Bangour, Landaffe, saint Davies & saint Ass & the archdeken of Chester may take such mortuaries of y● prestus● within their diosices & jurisdictions, as heretofore have been accustomed. Provided also, that in such places where mortuaries have been accustomed to be taken of less value, none shallbe compelled to pay any other mortuary or more for any mortuary than hath been accustomed, nor no mortuary there shallbe demanded of any person exempt by this act upon pain afore limited.   

¶ An act for the assurance of fermoures, made. Turrian. 32. Hen. 8.  
ALL leases hereafter to be made of any manors lands tenements or other hereditaments by writing enacted under seal for term of years or for term of life by any persons being of full age of one and twenty years having any state of inheritance either in 〈◊〉 simple or in fee tail in their own right or in the right of their churches or wy●es or jointly with their wives of any estate of inheritance made before the coverture or after, shall be good & effectual in the law against the lessours' their wives h●yres and successors according to such estate as is comprised in every such inden●i●ee of lease.  
Provided, that this act shall not extend to any leases to be made of any lands tenements or hereditaments being in the hands of any fermo●t by virtue of any old lease, unless the same old lease be expired futrend●ed or: ended within one year next after the making of the said new lease, nor yet shall extend to any grant to be made of any reversion of any lands tenements or hereditaments, nor to any lease of any such lands tenements or hereditaments as have not most commonly been let to farm or occupied by the farmers thereof by the space of twenty years next before such lease thereof made, nor to any lose to be made without impeachment of waste, nor to any lease to be made above the numbered of xxi. years or three lives at the most from the day of making thereof. And that upon every such lease there be reserved yearly during the same lease dew & payable to the lessours their heirs and successors to whom the same lands should have come after the deaths of the lessours if no such lease had been thereof made and to whom the reversion thereof shall pertain according to their estates & interests, so much yearly rend or more, as hath been most accustomably yelden for the same within twenty years next before such leases thereof made, & that every person to whom the reversion thereof shall pertain after the deaths of such lessours or their heirs: shall have such like remedy and advantage to all intents and purposes against the farmers thereof their executors and assigns, as the same lessor should or might have had.  
Provided also that the wife be made party to every such lease as shall be made by her husband of any lands being the inheritance of the wife, and that every such lease be made by indenture in the name of the husband & his wife, and she to seal y● to same. And that the rent be reserved to the husband and to the wife and to the heirs of the wife according to her estate of inheritance in the same. And that the husband shall in no wise alien discharge grant or give away the same rend reserved nor any part thereof longer then during the coverture, without it be by fine levied by the said husband and wife.  
Provided furthermore that this act extend not to give any liberty or power to any persons to take any more fermes leases or takings of any manors lands tenements or other hereditaments, than they might lawfully have done before the making of this act, nor yet extend to give any liberty or power to any person or vicar of any church or vicarage for to make any lease or grant of any their messages lands tenements tithes profits or hereditaments belonging to their churches or vicarages otherwise than they might have done before the making of this act.   

❧ An act that fermoures shall take advantage of conditions and covenants, against grauntees of reversions. Turrian. 32. Hen 8.  
ALL farmers and grantees of lordship's lands rents personages tithes portions or any other hereditaments for term of years life or lives their executors administrators and assigns shall have like action and remedy against all persons and bodies politic their heirs successors and assigns which have or shall have any gift or grant of the king or of any other person of the reversion of the same lordship's lands tenements and other hereditaments so let or any parcel thereof for any condition covenant or agreement contained in the indentures of their lease as they might have had against their said lessours and grauntours their heirs or successors, all benefits & advantagies of recouries in value by reason of any warranty in deed or in law by voucher or otherwise only excepted.  
Provided that this act shall not extend to hinder or charge any person for the breach of any covenant or condition comprised in any such writing as is aforesaid, but for such covenants and conditions as shall be broken or not performed after the first day of Septembre in the xxxii year of this king and not before.   

❧ Of falsifying of recoveries by farmers, enacted. Turrian. 21. Hen. 8.  
All farmers or lessees for term of years may hereafter falsify for their term only, recoverees had by feigned titles aswell as a tenant of frehold might at the comen law, And the same farmers or termers their executors and assigns shall enjoy their said terms according to their leases against such recoveries even as if none such had be suffered. In which case nevertheless the recoverer, after such recovery had, shall have like remedy against the termers by avowry or action of debt for rents and services reserved upon the same loesses, being dew afore the same recoveries, and like actions for waste done after the same recoveries, as the lessours might have had if no such recovery had be had. Furthermore no statute staple, statute merchant, nor execution by elegit shallbe hereafter avoided by any such feigned recovery, but like remedy shallbe had to avoid and falsify the said recoveries, as by the premises is ordained for the farmer or lessee for term of years.   

❧ An act for avoiding of recoveries by collusion against tenants for term of life. Turrian. 32. Hen. 8.  
WHere diverse persons being seized of lands tenements and hereditaments, as tenants by the courtesy of England, or otherwise only for term of life or lives, have heretofore suffered other persons by agreement or covin between them had, to recover the same against them in the kings court, by reason whereof, those persons to whom the reversion or remainder thereof hath belonged, have after the deaths of the same particular tenants been driven to their actions for the recontinuance and obtaining of the said lands and tenements so recovered, to their great & importable charges and expenses, and sometime have been clearly disherited of the same: it is therefore enacted, that all such recoveries hereafter to be had or prosecuted by agreement of the parties or by covin, against any such particular tenant of any lands or hereditaments, whereof the same particular tenant is or hereafter shall be seized, as tenant by the curtasie of England, tenant in tail after possibility of issue extinct, or otherwise for term of life, shall from henceforth, as against such persons to whom the reversion or remainder thereof shall then appertain & against their heirs and successors, be clearly void and of none effect.  
Provided always, that this act shall not extend to any person that shall hereafter by good title recover any hereditaments without fraud or covin against any such partituclar tenant by reason of any former right or title, nor to avoid any recovery hereafter to be had against any such particular tenant by th'assent and agreement of those in the reversion or remainder, so that the same assent and agreement do appear of record in the kings court.   

❧ Of discontinuance  
IT is called a discontinuance by the laws of England, when he that hath the possession of lands or tenements for the time present & yet not having the fe simple in himself nor in his own right only maketh an alt●enation of the same lands to an other person, by reason whereof, he that should have them after him, and which then hath right unto them, can not enter into them, but is driven to his remedy by weigh of action, in such wise that the said lands be not utterly shifted and gone from such person of persons as have right unto them, but be alonely discontinued for a time, till the person which after the death of such discontinuer hath right unto them, do recontinew & bring them home again not by entry but by suit and weigh of action. As for example, if tenant in tail of certain lands doth infeffe an other in the same, in see simple or fe tail and hath issue and speth, his issue can not enter into the lands, though he hath title and right unto them, but is put to his action, which is called ● formedone in the descendre. And if such tenant in tail which maketh such a feoffment, hath no issue at time of his death, it is yet nevertheless a discontinuance to him which is either in the reversion or in the remaindre, so that neither th'one nor tother can entre, but they be driven to their action he in the reversion to his formedone in the revertir, and he in the remaindre to his formdone in the remaindre.  
In like manner if a bishop doth alien lands which be parcel of his bishoprich, and dieth: this is a discontinuance to his successor, forasmuch as he can not enter, but is driven to his writ of entre sine assensu capituli.  
Semblably, if a Deane be sole seized of lands as in the right of his deanery and maketh such an alienation, this is a discontinuance to his successor. Also if the master of an hospital alieneth certain land●s of his hospital, this is a discontinuance and his successor can not enter, but is put to his writ the íngressu síne assensu confratrum & sororum.  
But if a person or vicar of a church will alien any lands or tenements, which be parcel of his glebe lands to an other in fe simple or in fe tail, and dieth or resigneth his benefice: this is no discontinuance to his successor, but that he may very well enter, not withstandinge such alienation made by his predecessor. The cause of this difference Master Litletonne doth largely declare in his book of Tenors, which to avoid prolixity I here omit and remit you to him.  
Only of this one thing I will admonish you, that in the xxxij year of this kings most noble reign, it is enacted, that no fine feoffment or other act to be made or suffered by the husband only, of any lands or tenements being the inheritance or frehold of his wife, during the coverture between them, shallbe any discontinuance thereof, or be prejudicial or hurtful to the said wife or to her heirs, or to such as shall have right title or interest to the same by the death of such wife, but that the same wife and her heirs, and such other to whom such right shall appertain after her decease, shall & may than lawfully entre into all such lands & tenements according to their rights and titles therein.   

❧ That wrongful disseisin is no descent in the law, enacted. Turrian. of wrongful disseisin. 32. Hen. 8.  
WHere divers persons afore this time have by strength and without title entered into lands tenements and other hereditaments and wrongfully deceased & dispossessed the rightful owners and possessors thereof. & so being seized by disseisin have thereof died seized by reason of which dying sese, the parties that were so disseised and dispossessed or such other persons as before such descent might have lawfully entered into the said lands and tenements be thereby clearly excluded of their entry into the said lands and tenements & put to their action for their remedy and recovery therein: it is enacted, that the di●g seized hereafter of any such disseisor of any lands tenements or other hereditaments having no right or title therein shall not be taken or deemed any such descent in the law for to take away the entry of any such persons or their heirs which at the time of the same descent had good and lawful title of entry into the said lands tenements or hereditamendtes, Except that such disseasour hath had the peaceable possession of the lands tenements or hereditaments whereof he shall so die seized by the space of five years next after the disseisin by him committed without entre or continual claim by such as have lawful title thereunto.   

❧ The limitation of prescription enacted anno. xxxii. Hen. viii.  
NO person shall sue or maintain any writ of right, or make any title or claim to any lands tenements rents annuities commons pensions portions corrovies, or other herevitamentes of the possession of his ancestor or predecessor, and declare any further season or possession of his ancestor or predecessor, but only of the season or possession of his ancestor or predecessor, which hath been seized of the same within lx years next before the teste of the same writ, or next before the said title or claim, so to be sued.  
Also no person shall sue or maintain any assize of Mortancestor, Cozenage, Ayle, writ of entry upon disseason done to any of his ancestors or predecessors, or any other action possessary, upon the possession of any of his ancestors or predecessors, for any lands or other hereditaments of any further season or possession of his ancestor or predecessor, but only of the season or possession of his ancestor or predecessor, which was seized of the same within fifty years next before the teste of the original of the same writ. And no person shall maintain any action for any lands or other hereditaments upon his own season or possession therein, above xxx years next before the teste of the original of the same writ. Item no person shall make any avowry or cognisance for any rend suit or service, & allege any season of the same in his avowry or cognisance in the possession of his ancestors or predecessors, or in his own possession, or in the possession of any other whose estate he shall claim to have, above fifty years next before the making of the said avowry or cognisance. Moreover all formdownes in reverter, formedownes in remainder, and scíre facías upon fy●es of lands or other hereditaments at any time to be sued, shall be taken within fifty years next after the title of action fallen. And if any person do sue any of the said actions or writs for any lands or other hereditaments, or make any avowry conysance prescription or claim for any rent suit service or other hereditaments, and can not prove that he or his ancestors or predecessors were in actual possession or season therein at any time within the years before limited, if the same be traversed or denied by the party plaintiff demandant or avowant or by the party tenant or defendant, he and his heirs shall from henceforth be utterly barred for ever of every the said writs actions avowries cognisance prescription title and claim hereafter to be sued or made for the same landꝭ tenements or other the premises, for which the same action written avowry conysance title or claim hereafter shall be at any time sewed or made.  
Provided, that all persons which now have any of the said actions writtis avowries scire facias cognisance prescription title or claim depending, or that hereafter shall sew or bring any of the said writtis or actions, or make any of the said avowries cognisances prescription titles or claim at any time before the feast of the ascension of our Lord which shallbe in the year of our lord a thousand five hundredth forty and six, shall allege the season of their ancestors or predecessors, or their own possession and season, & also have all other like advantage in the same writs actions avowries conisances prescriptions and claims: as they might have had before the making of this statute. Provided also, that if any persons, being now within the age of xxi years, or covert baron, or in prison, or out of this realm of England, now having cause to have or bring any of the said writs or actions, or to make any avowries cognisances prescription or claims, it shall be lawful to such people, to sue or bring any of the said actions, or to make any of the said avowries cognisances titles or claims at any time within six years next after such persons now being within age, shall accomplish the age of xxi years, or now being covert baron, shall be sole, or now being in prison, shall be at their liberty, or now being out of this realm, shall come & be within this realm. And that every such persons in their said actions avowries conisances titles or claims to be made sued or commenced within the said six years, shall allege the season of their ancestors or predecessors, or of their own possession, or of the possession of those whose estate they shall than claim: And also within the same six years shall have like advantages in the same, as they might have had before the making of this act.  
Provided also, that if the said persons now being within age, or covert baron, in prison or out of this realm, do die within age, or being covert, or while they shall be in prison, or out of this realm, or decease within vi years next after they shall accomplish their full age, or shallbe at large, within this realm, or shall become sole, and no determination or judgement had of such titles actions or rights so to them a●rewed, than the next heir of such persons so dying shall enjoy like advantage to sue demand advow declare or make their said titles claims or prescriptions within vi years next after the death of such persons, as the same infant after his full age, or the said woman covert after the death of her husband, or the same person being out of this realm after his repair or coming in to the 〈◊〉 or the said person imprisoned after his enlargement and coming out off prison, might have had within vi years then next ensuing by force of the provision last before rehearsed▪  
Provided also, that if any persons before the said feast of the ascension sue any of the said actions or make any avowry title or claim, & the same happen by the death of any the parties thereunto, to be abated before judgement or determination thereof had, than the said persons being demaundantes or avowantes, or making any such cognisance prescription title or claim being than on live, and if not, than their next heirs, may commence their action and make their avowry conisaunce or claim upon the same matter within one year next after such suit abated, and shall have like advamttage to sue demand avow declare or make their said titles claims or prescriptions within the said one year, as the demaundantes in such writ or suit abated, or as such as did avow or make cognisance title claim or prescription, might have enjoyed in the said former action or suit.  
Provided furthermore, that if any false verdict happen hereafter to be given in any of the said actions suits avowres prescriptions titles or claimꝭ than the party grieved may have his attaint upon every such verdict so given, and the plaintiff in the same attaint upon judgement for him given shall have his recovery execution and other advantage in like manner as heretofore hath been used.   

❧ Of fines.  
FInes have their name, because they make a final end and determination of all suits strifes and debates between men. For the due levying whereof, it was enacted in the four year of King Henry the seventh, that they must be solemnly before the justices of the common place red and proclaimed the same term & three terms next following the ingrosment, at which times all the pleas must cease. And such fines shallbe a sufficient bar and discharge against all persons, saving against women that be covert baron if such women be not privy to the same fine, or such as be within age, in prison, out of the realm, or out of their right minds. But these fines shall not conclude ne bar all strangers which have right to entre or to have any action, if they come within .v. years astre such proclamations made or (in case the cause of action falleth unto them after the fine so duly levied) if they come and commence their action and suit within .v. years next after such cause of action to them accrued. And they may sue against the takers of the profits. But if they that have right to the same be within age, in prison, covert baron, out of the realm or not in their right memory: then their title or entry shall be saved unto them till they be of full age, out of 〈◊〉, discovered and sole, within the real●e or of ●ight mind, and then within five years after, their action or entry must be sued or made with effect  
Also ye shall understand, that by the said stature of Henry the vii it shallbe a good plea for all strangers to say, that they that were parties to the fine nor none other to their use, had any thing in the tenements or lands at the time of the levying of the fine.  
Furthermore ye shall note that in the xxxii year of this king, for thavoiding of certain doubts and ambiguities, it was enacted, that all fines aswell heretofore levied, as hereafter to be levied according to the said statute of Henry the vii by any person of the full age of xxi years, of any lands or other hereditaments being before y● fine levied in any wise entailed unto him or to any of his ancestors in possession reversion remaindre or in use: shallbe immediately after the same fine levied engrossed and proclamations made, a sufficient bar and discharge for ever aswell against him & his heirs claiming the same only by force of any such entail, as against all other to their use, so that the same fines be not levied by any woman after the death of her husband, contrary to the statute made the xi year of Henry the seventh, of lands and tenements of th'inheritance or purchase of her husband or of any his ancestors given to her in dower for term of life or in tail in use or in possession. Excepted also all fines levied or to be levied of any such lands or other hereditaments as the owners thereof by any special act of parliament made sith the said fourth year of Henry the vij be restrained from making any alyenations discontinuancies or other alterations of the same. Also of such lands as be now in suit and variance in any of the kings courts, or whereof any evidences be now in demand in the Chancery, or which be already covered. Excepted also fines levied or to be levied by any person, of lands or tenements granted to him or to his ancestors in tail either by the kings letters patents, or by virtue of any act of parliament, whereof the reversion is in the king.   

❧ Of testaments or last wills.  
Testamentum in latin is as much to say as mentis testatio, that is a declaration or witnessing of a man's mind. And there be two sorts of testaments. The one is called testamentum scriptum, that is, a written testament, or a last will by writing, and the other is called testamentum nuncupatum a testament nuncupative, which is when a man will express by mouth his last will and testament without writing, only by calling before him certain of his neighbours in whose presence he doth signify by words his last mind and wil And this for most part men use to do when for fear of suddenness of death, they dare not abide the writing of their wil And this will (unless it be in certain cases) is as strong and as sure, as is a testament or last will put in writing and sealed with the seal of the testator.  
Also ye shall understand that though a testament by writing be not sealed with the seal of the testator, yet is the testament good & effectual in the law.  
And ye shall also mark, that where a man maketh once his testament & will, and afterward maketh an other will by words: if his last will be proved before the Ordinary, and by him put in writing and ensealed with his seal, such last will shall avoid the first will, unless it be in special cases, and so always the latter will and testament shall avoid the former.  
Finally ye shall observe, that by an act of Parliament made in the xxi year of our sovereign lord King Henry th'eight, it was ordained that where part of thexecutors named in the testament of their testator wherein any lands or tenements be willed to be sold by them: refuseth to take upon them the administration, & the residue do take the charge and administration thereof upon them: in this case all bargains and sales of the said lands made only by those executors that took the administration of the testament upon them, shallbe as good and as effectual in the law, as if as the residue of the same executors so refusing had joined with them or him, if it be but one person, in the making of the bargain and sole.   

❧ An act for probate of testaments made. Turrian. xxi Hen. viii.  
NOthing shallbe taken by any person that hath authority to take probation insinuation or approbation of any testament for the probation of the same, where the goods of the testator do not amount above the value of. C. shillings. Except to the scribe for writing thereof vi d. And for the commission of ministration of the goods of any dying intestate not being likewise above. C. shillings, vi d. Also none having power to take probation of testaments shall refuse to approve such testaments being lawfully offered unto them in writing with wax thereto affixed ready to be sealed, so that the same be lawfully proved before the same ordinary to be true. And when the goods of the testator do amount above the value of. C. shillings & not exceed the sum of xl. li, none shall take for the probation regestring sealing and writing of any such testament above the sum of iii s. vi d. whereof to be to them that have authority to take the probation ii s. vi d, and the other xii d. to the scribe for regestring of the same.  
And where the goods amount above xl. li. than only .v. shillings to be taken, whereof to be to them that have authority to take the probation ii s. & vi d. and tother ii s. vi d. to be to the scribe for the regestring or else if he will refuse that ii s. vi d, than he to have for every ten lines of the same testament every line containing in length ten inches, i d.  
And they that have authority as is above said shall approve insinuate seal and register the said testaments and deliver the same sealed with the seal of their office to thexecutors for the sommes abovesaid & that with convenient speed without any frustratory delay.  
And if any person die intestate or thexecutors refuse to prove the said testament: than they having authority as is abovesaid, shall grauntthadministration of the testators goods or person diseased to the widow of the same person deceased or to the next of kin or to both after their discretion, taking surety of them for the true administration of the goods & debts which they shall be so authorized to minister. And where one or divers claim th'administration as next of kin which be equal in degree of kindred, or where any one person desireth the administration as next of kin where in deed divers persons be in equality of kindred: then in any such case the ordinary shallbe at liberty to take one or more making request. And where divers do require the administration, or where but one or more of them and not all being in like degree, make request: than the ordinary shall admit the widow and him or them only making request or any of them, taking nothing for the same where the person deceased died not worth C.s. And if he died worth C.s. and not above xl. li: than ijs. vi d. only to be taken. And thexecutor or administrator calling to him the dettors two at the least or such persons to whom any legacy was made and if they refuse than ii next of kin to the person deceased and in their default ii other honest persons shall by their discretions make a true inventory indented of all the goods, which persons swearing before the bishop or his officers to be true: shall deliver the one part thereof unto them, & the other keep with himself. And none having authority to take probate of testaments upon pain contained in this statute shall refuse to take any such inventory presented or tended to them.  
Provided, if any person shall dispose or will by his testament any lands or hereditamentꝭ to be sold, that the money or profits of the same be accounted for goods or cattles. And they having the authority abovesaid upon the delivery of the seal and sign of the testator shall cause the same to be defaced and incontinent shall redeliver it to the executor without any claim. And if any require a copy of the testament and inventory: than they having authority or their ministers, shall without frustratory delay, deliver them a copy taking therefore and for the regestring of the same (or else for every ten lines. i d) as before is specified.  
Provided, that where they having authority as is abovesaid have used to take less for the probate of testaments or other things concerning the same than is here specified: they shall take as they did before this act.  
Now if any that have authority to take probate of testaments or their ministers do attempt against this act: they shall forfete for every time to the party grieved as much money as they shall take contrary to this act. And over that. x.li, the one half to the king, the other to the party grieved, that will sue by action of debt bill information or otherwise in any of the kings courts, wherein no essoin protection nor wager of law shallbe allowed, And every of them shallbe charged for himself and for none other.  
Provided, that every having authority abovesaid, may call before them every person named executor, to the intent to prove and refuse the testament and to bring in inventories and to do every other thing concerning the same, as they might before this act, so that neither they nor their ministers shall take above the fees limited by this act.   

❧ How lands and tenements may be by testament or otherwise disposed, enacted. Turrian. xxxii. Hen. viii.  
Every person having lands or other hereditaments holden in socage, or of the nature of socage tenure, and not having any lands or hereditaments holden of the king by knights service, or by socage tenure in chief or of the nature of socage tenure in chief, nor yet of any other person by knights service: shall from the twenty day of july in the year of our lord. M.d.xl have full liberty & power to give dispose & devise aswell by testament in writing, as otherwise by any act lawfully executed in his life, all his said lands or hereditaments or any of them.  
And every person having lands or other hereditaments held of the king in socage or of the nature of socage tenure in chief, and having also any other lands or hereditaments holden of any other person in socage or of the nature of socage tenure, & not having any hereditaments holden of the king or of any other by knights service: may from the said time give and devise as well by testament in writing, as otherwise by any act lawfully executed in his life: all his said lands and hereditaments or any of them at his pleasure. Saving to the king all his right of primer season & reliefs, and also all other rights & duties for tenors in socage or of the nature of socage tenure in chief, as heretofore hath been accustomed, the same lands or hereditaments to be taken and sued out of the kings hands by the person to whom any such lands shallbe disposed willed or devised in like manner as hath been used by any heir or heirs before the making of this statute. And saving and reserving also fines for alienations of such lands tenements or hereditaments held of the king in socage or of the nature of socage tenure in chief whereof shall be any alteration of frehold or inheritance made by will or otherwise as is aforesaid.  
Item all persons having lands or other hereditaments of estate of inheritance holden of the king in chief by knights service or of the nature of knights service in chief: shall in like manner have power to give will or as●signe two parties of the same in three parts to be divided or else as much of the same as shall amount to the yer●y value of two parts of the same in three parts to be divided in certainty and by special divisions as it may be known in severalty for the advancement of his wife preferment of his children and payment of his debts or otherwise at his pleasure. Saving to the King aswell the wardship and primer season of as much as shall amount to the clear yearly value of the third part thereof without diminution dower fraud covein charge or abridgement thereof: as also all fines for alienations of all such lands and tenements so holden of him by knights service in chief, whereof there shall be any alteration of frehold or of inheritance made by will or otherwise.  
And every person having lands or truementes of estate of inheritance holden of the king in chief by knights service, & other lands holden of him or of any other by knights service or otherwise, shall from the said twenty day of july have pour to give or assign by his testament or otherwise as is aforesaid two parts of the same in three parts to be divided or else as much thereof as shall extend to the yearly value of two parts of the same in three parts to be divided in certainty. Saving to the king the wardship & primer season of as much thereof, as shall amount to the yearly value of the third part, without diminution dower covein charge or subtraction of the same or of the full profits thereof. Saving also all fines for alienations as is abovesaid.  
Item every person holding lands or other hereditaments only of any other than of the King by knights service and other lands and tenements in socage or of the nature of socage tenure may give dispose or assure by testament or otherwise as is aforesaid two parts thereof holden by knights service or as much as shall amount to the full yearly value of two parts in manner above declared: And also all the lands and tenements holden by socage or of the nature of socage tenure at his pleasure. Saving to the lord of the lands and tenements holden by knights service for his wardship as much thereof as shall amount to the clear yearly value of the third part without any diminution dower fraud. etc.  
And every person holding only of the King by knights service but not in chief, or holding of the king by knights service and not in chief, and also other hereditaments of others by knights service and holding also other hereditaments of any other person in socage or of the nature of socage tenure: may give devise and assure by his last will or otherwise two parts of the hereditaments holden of the king by knights service & two partis of the hereditaments holden of any other person by knights service, or as much of either of them as shall amount to the full yearly value of two parts and also all his lands and tenements so held in socage or of the nature of socage tenure. Saving as well to the king the wardship of as much as shall extend to the clear yearly value of the third part of the same so holden of him by knights service without diminution etc. As also to the lords of whom any of the said lands or other hereditaments been holden by knights service for wardship as much of the same so held of them by that service, as shall amount to the clear yearly value of the third part in manner above declared.  
Provided, that if that third part which in any of the cases abovesaid shall come to the king do not amount to the clear yearly value of the full iii, part of all the said hereditaments whereof the king shallbe entitled to have the custody or primer season: than the king may take into his hands as much of tother two parts of the said hereditaments as with that of the same hereditaments remaining in his hands shall make up the clear yearly value of the third part of the said lands and tenements so to be had to him in title of wardship and primer season. And like benefit to be given to every lord of whom any such hereditaments shall be holden by knights service concerning only his third part for title of wardship.  
Also all persons shall sue their liveries for possessions reversions or remainders, and also pay reliefs and heriettes like as they should have done before the making hereof. And fines for alienations shall be paid in the Chancery upon writs of entre in the post to be obtained there after the said twenty day of july for common recoveries to be suffered of any lands holden of the king in chief in like manner as is used upon alienations of lands so holden in chief by fi●e or feoffment.  
Provided that in such cases where fines for alienations shall be paid in the Chancery for writs of entre in the post as is aforesaid, none other fine shallbe paid in the same court for any such writs.  
Item where two or more persons hold of the king by knights service jointly to them & to the heirs of one of them, and he that hath the inheritance thereof dieth, his heir being within age: the king shall have the ward and marriage of the body of such heir the life of the freholder or freeholders of the lands so holden by knights service notwithstanding.  
Saving to all women such right & title of dower as they own to have of any lands or tenements by the laws of this realm to be assigned unto them out of the two parts of the said lands or tenements severed from the third part as is abovesaid and not otherwise. And saving also to the king the reversions of all such tenants in jointenure and dower immediately after the death of such tenants, if they shall happen to die, during the none age of the kings wards.   

❧ Of mariagies, enacted. Turrian. 32. Hen. 8.  
IT is enacted, that from the first day of july, in the year of our Lord a. M.D. and. XL. all marriages within this church of England contracted between lawful people, as by this act we declare all people to be lawful that be not prohibited by god's law to marry, such marriages being contract and solemnized in the face of the church & consummate with bodily knowledge or fruit of children or child being had therein between the parties so married, shall be deemed & taken to be lawful good & indissoluble, not withstanding any precontract of matrimony not consummate with bodily knowledge which either of the persons so married or both shall have made with any other before the time of contracting that marriage which is solemnized and consummate, or whereof such fruit is ensued or may ensue as afore: and not withstanding any dispensation prescription law or other thing granted or confirmed by act or otherwise: And that no reservation or prohibition, gods law except, shall trouble or impeach any marriage without levitical degrees. And that no person shall after the said first day of july aforesaid, be admitted in any of the spiritual courts with in this the kings realm, or any his other lands and dominions, to any process plea or allegation contrary to this act.  
FINIS.    

EX AEDIBUS RICHARDI TAVERNERI, PER RICHARDUM banks TYPOGRAPHUM.  
Cum privilegio ad imprimendum solum.