❧ Institutions in the laws of England.  
Cum privilegio.   

THe law is the ministration of justice/ and justice is a constant and apermanent mind & will to render unto every person his right and duty. The prudency of law is a knowledge of divine & human things/ a science and perfit notice of equity and iniquity/ of righteousness and unrighteousness.  
And forasmuch as a great portion of the prudency of the laws of this realm consists in the perfit knowledge of estates, 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 understand, that who so ever hath any estate in lands or tenements, either he hath in the same only a chattel/ a free hold/ or an inheritance. If he hath an estate in the land but for term of certain years, or at will: so is it called a chattel/ if for term of his life or of an others life, it is called a free hold, or frank tenement/ if he hath it to him & to his heirs in see simple, or in tail: so he hath an estate of inheritance.   

¶ Tenant for term of years.  
¶ Tenant for term of years, is he to whom lands or tenements be lessed for the term of certain years, as is agreed between the land lord and the tenant. And when the lessee doth enter by force of the said lees, and is an 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 it shall be in his 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 be seized of the lands or tenements at the time of the making of the lees, 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 lees made: except the lees 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 lees for term of years, by deed or without deed, there need no livery of season to be made to the lessee, but he may enter when he will by virtue of his lees, 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 he may enter well enough. Otherwise it is where as livery of season is to be made: as in free holds, and in inherytaunces.  
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 and 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, if the lessor will enter 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 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 his term be expired before the corn be ripe, in this case that lessouror 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 likewise tenant at will shall have free coming and going after the time of the lessours entry to carry away his household stuff & goods for a reasonable space.  
¶ Ye shall also understand that he that maketh a lees at will may reserve an annuel rent, in which case if the rent be behind, he may enter and distrain the goods and cattles 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 thorder of law to sustain & 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 voluntary waste: as if he plucketh down the houses, or cutteth down the trees: it hath been thought that the lessor may bring an action of trespass against him.   

¶ Tenant by copy of court roll.  
¶ There is an other kind of tenant at will, which is by copy of the court rolls. And this is when a man is seized of a manner within which it hath been used time out of mind, that the tenants within the precinet of the said manner, have holden lands and tenements to them and 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 can not alien or sell his land by his deed/ for if he do, the land so aliened and sold, is forfeited in to the lords hands/ but if he will alieve his copy hold laud to another, he must according to the custom, come into the court, and there surrender it in to the lords hand, to the use of him that shall have the state. The form of which surrender is this.  
Ad hanc curiam venit A. de B. & sursunreddit in eadem curia unum messuagium. etc. in manus domini ad usum C. de D. & heredum suorum vel heredum de corpore. etc. Et super hoc venit predictus C. de D. & cepit domino in eadem curia messuagium predictum habend & tenend sibi. etc. ad voluntatem domini secundum consuetudinem manerii, faciend & reddend inde redditus seruicia, & consuetudines inde Prius debitas & consuetas. etc. Et dat dno pro fine. etc. Et fecit dno fidelitatem.  
¶ These as I said be called tenants by copy of court roll/ because they have none other evidence 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 lands, they must do it by way of plaint in the lords court after this sort.  
A. de B. querir versus C. de D. de placito terre videlicet de uno messuagio xl. acris terre. iiii. acris prati. etc. cum pertinent Et facit protestationem sequi querelam 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 tenants at the will of the lord.  
For as some men think if the lord will expel them & put them forth they have no remedy at all, but to sue unto their lord by 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. iiii. 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. H. xxj. Ed. iiij. Also lord Danby chief justice in likewise, was of the same judgement: as appeareth. M. 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,  
Qui juris no dos & legum enygmata soluunt,  
Forasomoche as yet still of this matter, Certant cuasidici & adhuc sub iudicelis est.  
¶ Also ye shall understand, that thusage of some manner is, when the tenant will surrender his land to those of an other, that he shall take a wand in his hand, & 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 prolixity I will pntermit. And forasmuch as tenants by custom of the manner, 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 division/ that is to wite of chatelles'/ for as I said, all leeses for term of years, & at will be accounted in the law but as cattles, and be comprised under that name/ save that they be called cattles reals/ where as kine, oxen, horses, money, plate, corn, & 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 for term of his own life, either he have gotten such estate by way of purchase, or else the law hath en●●ed him thereunto. I call it by purchase, whether he cometh unto it by his own bargaining & procurement, or by the gift of his friend, and I call it by th'operation and intytling of the law, when a man marrieth a woman that is an inherures, & 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 like wise, if a man be scased in fee simple, or fee tail of lands, & taketh a wife, & he dieth/ the la giveth unto the wise, 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 their own life/ or for term of an others life. How be it the most frequent 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 poor term dautre vie/ that is to say, tenant for term of an oters' life.  
Ye shall note, that he that maketh the lees is called the lessor, & he to whom the lees is made 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 poor term dautre vie do waste, the lessor or he in the reversion shall maintain an action of waste against him, and recover triple damages.  
Finally ye shall understand that by an act of parliament made in the. xxvii, year of Henry the eight, it is enacted that no free hold, nor estate of inheritance shall pass ne take effect but by deed indented, sealed and enroled in one of the kings courts at Westminster, or else within the same county where the land 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 ●herited, and hath had issue by her, & she deed/ in this case the law of England permitteth him 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 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 in to this world alive/ and therefore the common saying hath been, that unless the child be herd cry, the father shall not be tenant by the courtesy/ for thonly prove and argument of life in an infaunt new borne, is the vagite and crying.  
Ye shall understand that unless the husband be in actual possession of his wives lands, and 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 entry during the coverture, he shall not be tenant by the courtesy, for it shall be reputed his folly and negligence, that he would not enter in her life.  
Otherwise it is of advowsons rents, and such other things, which forthwith when they descend be in a man without any enter or further ceremony  
Note that if tenant by the courtesy will suffer or make any waist in the lands or tenements that he so holdeth/ he is punishable therefore by action of waste.  
Also it is to be known, that of things that be in suspense, a man shall not be tenant by the courtesy/ & therefore if a man be the tenant in fee simple of certain land, & doth entremary with a woman that is the seignoresse or lady of the same, & hath issue by her, & she dieth yet he shall not be tenant by the courtesy of the lordship or signory, because himself is tenant of the land, & 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 duting the coverture seized of lands or tenements in fee simple, or fee tail, which is now deed & 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 it be by purchase or by descent, either in fee or in tail and die, his wife ought to be endowed by the course of the common law, of the third foot. And in some places by an ancient custom of the moiety/ yea and though the husband were never seized actually during the coverture: yet if the lands be cast upon him 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 title.  
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 doth not enter in his wives life, he shall not be tenant by the courtesy/ for by all laws the wife oweth obedience & 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 th'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 previdice herself of her dower: as if she be attaint of treason, murder or felony, she get no dower/ notwithstanding she hath obtained her pardon.  
Also if after the death of her husband she taketh a lees for term of life of the same lands whereof she is endowable. Moreover if she departeth from her husband and liveth in adultery with another man/ & not reconciled again to her husband without coercion of the ecclesiastical power, she loseth dower. 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 detain 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/ rent charges/ rent services/ or seignories/ in gross or otherwise/ of villain's/ 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 payment of roses/ & semblable she shall not be endowed.  
There be yet two other kinds of dower/ the one is called dowment ex assensu patris, and tother dowment de la plus beale ꝑtie.  
Dowment ex assensu patris, is when the father is seized of lands in fee/ and his son heir apparent endoweth his spouse at the church door when he is espoused of parcel of his father's lands, with thassent of his father in writing testifying the same assent/ if in this case her husband die, she may forthwith enter into the lands so assigned unto her without further appointing or process of law, although the father of her husband be yet alive, and 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 ꝑcell of them, but 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 spousayles of his own lands, which he hath in his own possession/ and that dower is called dower ad ostium ecclesie.  
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, & hath issue, which is within th'age of xiii 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 wryt of dower against the lord 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 permitted to endow herself of so much land being in her own custody, as amounteth to the third part of those lands. And than the judgement shall be, that the gaerdeyne in chivalry shall retain the land holden of him quite from the woman during 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 th'whole/ and than is she called tenant in dower de la plus beale.   

¶ A division of inheritances.  
¶ Neither unto 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 holds, and of no higher nature/ where as a state of inheritance, although it be 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 excellenct ye than other some be: as that inheritance which is pure, simple, and without limitation of what heirs, which is 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 revealed. Now the nature of fee simple is to be declared with our accustomed compendiousness,   

¶ Fee simple.  
¶ Fee simple is (as I said) the most ample and large inheritance that can be excogitate: as that which a man hath to him & to his heirs simply without any further limitation/ whether they be of his own body begotten or not, so that they be the next of his kin, and within the degrees it sufficeth.  
So that tenant in fee simple is he that hath lands or tenements (whether it be by purchase or by discente) to him and 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 only words to make an estate of inheritance. Therefore if lands be given to a man for ever, and 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 place where the custom will serve so to do, though he maketh no mention of heirs, but saith that he bequetheth to such a parson such lands, to have and to hold to him and to his assigns for evermore: here a state of inheritance doth pass/ for in testamentis the will and intent of the testator is to be pondered, and not the prescript words of the law.  
Also these terms in the law, frank marriage, & frank almoyne 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 of heirs, this is an estate of inheritance, as we shall hereafter declare more copiously. In likewise it is of lands given to an house of religion in pure and frank alms. Moreover if lands be given to a man and to his blodeor to him and to his seed, he hathin both cases a state of inheritance in the one a fee tail, and in tother a fee 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 & man's heirs in the law. Ye shall therefore know, that my brother or sister by the half blood that is to wite, by the father's side and not by the mother's/ 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 than if my uncle or aunt die seized without issue, my father shall have the lands as heir to mine uncle or to mine 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 lyniall ascension, but a collateral,  
And ye shall note that by the common law of this realm, my eldest son shall have th'whole 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 sons ne daughters, than shall my eldest brother 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 alive 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, so shall it revert & eschere (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 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 anucestour.  
If there be three sons, and the middle son purchaseth lands, & die without issue, th'elder 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/ for if a man hath issue, two or three sons by sundry wives, and theldest purchase the lands in fee and dieth without issue, his half brethren 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 shall have the lands by descent, as heir to her brother, and not to the younger brother. Otherwise it is of lands entailed as shall be hereafter specified.  
Also if a man be seized of lands in fee simple, and hath issue a son and daughter by one wife, & a son by another, and dieth, and th'elder son entereth in to the lands, and after dieth without issue, the daughter shall have the lands and not the youngest son, & yet the youngest son is heir to his father, but he is not so to his brother. But if in this case th'elder son had not entered after the death of his father but had died before any enter made by him, than shall not the sister german entry but the younger brother as heir to his father, because th'elder 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 auncestout should have been heir if he had lived/ I mean as thus. A man is seized of lands, and hath issue, a son and daughter by one wife, and a son by another/ he dieth/ theldest 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 theldest son in that case had left behind him issue of his body, whether it had been soon or daughter, this issue notwithstanding that the father was never possessed either actualy 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, and he hath not yet really and actually entered into them. For notwithstanding that he is not in actual possession yet he is possessed in the law/ that is to say, in the eye and consideration of the law/ forasmuch as he is tenant to every man's action that wylsue 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 tryle.  
¶ Ye shall understand, that before the statute of Westminster second there was no state tail, but all was fee simple, either purely or conditionally: as appeareth by the pntence 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 limited in the gift what heirs, and by whom engendered shall inherit. As 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 lymtted, 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/ forasmuch as I appoint, limit, prescribe and determine the heirs▪ and for lack of such heirs the gift shall be expired and worn out/ and the lands shall revert again to the giver or his heirs.  
But ye must observe that there be two kinds of fee tail. There is a general tail, and a special tail. Fee tail gnrall is as where lands be given to a man & to his heirs of his body begotten without expressing by what woman they are to be begotten. And therefore If a man be tenaunte in the general tail of lands, and taketh a wife and hath issue by her, and she dieth & he taketh an other wife, of whom he hath also other issue/ here either of these issues is inheritable to this land entailed: But if I express in the gift by what woman the heirs shall be procreate, than is it an especial tail: as 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 by an other woman, shall never inheryte by force of the tail. Likewise it is if lands be given to a woman and to the heirs of her body lawfully begotten (and she we 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 〈◊〉 of their two bodies lawfully begotten: this is an especial tail/ as well in the husband as my wife.  
Semblably it is, if a man giveth lands to an other man with his daughter or kinswoman in frank marriage, this implieth a state tail especial/ and as well the man as the woman hath estate in the special tail.  
But if I give lands to a man and to a woman, and to his heirs that he shall beget of her/ here the woman hath estate but for term of her life, & the husband an estate in the especial tail. In likewise it is on the woman's behalf: as if I give lands to a man and 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 heirs is as well referred to th'one as to tother.  
Ye shall also understand, that if lands be given to a man, & to the heirs males of his body, this is a state tail, and in this case the heir female shall never inherit.  
Finally it is to be noted, that of lands wiche a man hath in fee simple, the possession of the brother shall cause the sister german to inherit/ and not the brother by the half blood, as here to fore was said but of lands entailed otherwise it is. Therefore if a man be seized of lands in the general tail, & hath issue by his first wife a son and a daughter, and a son by an otherwise, and dieth/ and th'elder son entereth in to the lands and dieth the sister german shall not have the lands, but the younger brother of the half blood/ because who so ever 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 observe a great diversity between the fashion of succession in lands of fee simple and of 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 their 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 is still tenant in tail/ but without all possybylitie of any issue the can be heir to these lands entailed/ & 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, & be abolished for ever/ and shall revert again to the giver or donor from whence it came.  
Yet forasmuch as this tenant after possibilytie of issue, had once an inheritance in him, he shall not be punished by an action of waste though he maketh never so much waist in the lands and tenementis/ yet in effect he is but a tenant for term of life.   

¶ Of parceners.  
¶ Hitherunto I have made a compendious declaration of estates of all sorts: but where as I said that amongs sisters there is no pretogatyve or pre-eminence concerning thinheriting 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 partition shall be made.  
But ye shall understand that there be beside perceners at the common law, which be only sisters/ also perceners 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 or fetayle, 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 perceners, or coheir/ & by a writ called, Dep ꝑticione facienda brought by one 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 himself do make ꝑtition between them of those 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 and 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 the eldest sister shall make the partition, & she maketh it, than the eldest shall not choose first, but shall suffer all her other sisters to choose before, as it is thought.  
There is also an other form of partition, which is equally to divide the lands in to so many parts as there be coheir or ꝑceners/ and to write every part so divided in a several scroull of paper, & to put the said scroulles in to a bonnet/ or to enclose them severally in balls of wax/ and than th' eldest sister to choose which ball she will, or to put her hand in to the bonnet & to take a scroull, & to hold her to her chance and allotment, & 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 perceners will not suffer any partition to be made than may tother that would have petition, purchase a wryt called De particione 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 th'elder.  
And if two manners or 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 proporcyonably out of the others manner.  
Finally ye shall understand, that if a man be seized of lands in fee simple, and hath issue two daughters / and giveth with one of his daughters to an other men 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 commixed and mingled with the other lands of which her father died seized in fee, 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, and 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 iudggeth to be only for the advancement and bestowing of the daughter, where as feffementꝭ in fee and also common gifts in tail be acustomably for other causes, and for the advantage rather of the gyvour, or seffour.   

¶ Of conditions.  
¶ forasmuch as every estate is either pure, or condcional/ it were not amiss somewhat to make a declaration of the nature and efficacy of conditions. Wherefore ye shall understand that of conditions, some be actual conditions, called conditions in deed/ and other some be conditions in law.  
conditions in deed be such as by annexed by express words to the feoffment lees or grant, either in writing or without: as if I infeffe a man in certain lands reserving to me and to mine heirs so much rend yearly to be paid at such a feast/ and for default of payment, that it shall be lawful for me to re-enter this is a feoffment upon condition of payment. For the not payment of the rent shall dissolve the feoffment. Semblably it is of gifts in tail leeses. 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 oneli giveth to the feoffor an authority to retain the lands (as it were by way of distress) till he hath levied the arreragyes 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 fessement 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 and 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 forasmuch 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 interest in the lands thus gauged is utterly extinct without all hope of reviving.  
Ye shall note that if the morgageour dieth before the day of payment, his heir may redeem the land very well even as well as his auncestour 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 enter, and than 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: as if a feoffment be made of lands in fee upon condition that the feoffee shall not alien this same to none other this condition I say is void, because the feoffee is restrained of his hole power 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 donor or his heirs may very well enter and retain the lands for ever/ because this condition doth stand with the statute of Westm second which prohibiteth such alienations to be made.  
Hither unto 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 th'office of a ꝑker, 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 poyntis appertaining unto his office accordingly, it shall be lawful for the grantor to enter and discharge him of his office/ & this condition is called a condition in law.   

¶ Of livery of season, and of attornment.  
¶ In all feffementꝭ, gyftis in tail, leeses for term of life, or for term of another's life of lands or tenements, there can be no alteration or transmutation of possession, unless there be a certain ceremony of law 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/ & there put the feoffee donee or lessee in possession of the said lands or tenementis by delivering unto him a clod of earth, or the ring of the door, or some other thing in the name of season/ and 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 leeses 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 season/ and therefore 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 livery of season be made the feoffor dieth, the heir of the feoffor shall have the lands by the rigour of the law, notwithstanding that the feoffee hath paid to the feoffor the price of the land, and although the feoffee be in possession. But other wise it is of alees for term of years.  
A like ceremony is used when rent charges, when rent seruyees, and such other things as pass bygraunt, be granted/ for it is no full and perfit grant till it be consignyte as it were with the ceremony of attornment.  
This attornment 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 grantor was: As if the tenant of the land after he have herd of the grant cometh to the grantee/ that is to wite, 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 apaid 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 halfpenny by way of attornment.  
If a man maketh first one grant to one person, and after another to an 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 manner (which is ꝑcell in demene, and ꝑcell in service) and doth altene the same manner to an other, unless the tenants of the manner do attorn, the services shall not pass, only tenants at will excepted, for it needeth not to cause them to attorn.  
Note 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 grantee 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 rescus made, bring an assize of novel disseason, 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 as lands be devisable by the custom of any ancient borough or city, if there be reversion of any lands be by testament bequeathed to a man in fee, and the divysour dieth/ the devisee, that is to wite, he to whom the devise was made hath forth with the reversion in him without further ceremony of attornment. Likewise it is if a man of service that the tenant oweth to his lord, is called knights service.   

¶ Knights service.  
¶ Knights service is homage, fealty & escuage/ and who so ever holdeth his lands by knights service, is bound by the law to do his lord homage and fealty, and to pay escuage when it shall be assesed by parliament.  
Homage is the most reverent service that is/ for when the tenant shall do sit, & the tenant shall kneel before him upon both knees/ and shall hold his hands bitten ween his lords hands, & say in this wise. I become your man from this day, forth ward of life and of member and of terrene honour, and to you shall be faithful and loyal, & faith to you shall bear for that 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 abbot or prior, or any other person of religion 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, & 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 sole both homage to her lord, she shall not say: I become your woman for it is not conventent that a woman should be the woman or any other than of her husband that she shall mary/ but she shall say even as the religious person saith: 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 th'end of his homage, 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 known, that none is bound to do homage to the lord, unless it be such a tenant as hath in the tenauncy an estate of fee simple, or fee tail, either in his own right, or in the right of another.  
For if a woman have lands or tenementis 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 if he overliveth her/ and also he holdeth them now in his wife's right. yet before issue had between them, the homage shall be made in their both names. But if the woman dieth before homage made by her husband in her life, & 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 faithfulness, in doing whereof the tenant shall hold his hand upon a book, and say thus: Hear you this my lord: I to you shall be faithful and true, & 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 that 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 bailie may take fealty for the lord. Also tenant for term of life shall do fealty, but homage (as is said) he cannot do.  
Now as concerning escuage ye shall understand, that he that holdeth his lands by escuage, when the king maketh a viage royal in to Scotland for the subduing of the Scots, is bound to be with the king by the space of xl days well & conveniently arrayed for the war. And he that holdeth his land but by the moiety of fee of knights service, is bound by the force of his tenure to be with the king by the space of twenty days/ and so proportionably according to the rate and quantity of his tenure.  
But now to the 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 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/ & according to the taxation hereof, every tenant shall pay to his immediate lord (whether it be the king or other) after the rate of his tenure/ if he holdeth by an hole fee, the hole escuage/ if by a moiety the half/ if be the fourth part of a fee, the fourth part. etc. and this money thus asseysed, is called escuage/ for which the lord to whom it is due, may very well distrain.  
But here it is to be noted, that some tenants by custom are bound to pay but the moiety, or the third part of that which shall be asseised by act of parliament.  
Yea, & the custom is in some place that to what some so ever escuage is asseised, the tenauntꝭ shall pay never but such acerteyne sum of money: & this esuage is called escuage certain, where as tother is called escuage uncertain,  
Finally ye shall understand, that escuage uncertain is always a knights service, and draweth unto it ward marriage and relief/ but escuage certain is no knights service, but of the tenure of socage, as shall be hereafter showed.   

¶ Of ward marriage and relief.  
¶ Every knights service draweth unto it ward marriage and relief/ wherefore it is expedient somewhat to entreat of them.  
Ye shall therefore be admonished that when the tenant by knights service dyeih, his heir male being within th'age of xxi 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 xxi years▪ For the law presumeth that till he cometh 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 the marriage of him.  
But if tenant by knights service dieth, his heir female being of th'age of xiiij years or above, them the lord shall not have the ward, neither of the land ne yet of the body of such an heir/ and the reason is because a woman of that age may have Turrian hushande able to do knights service/ that is to say, to wait upon the kings person when he advanceth in to Scotland with his army royal.  
But if such an heir female be within th'age of xiiij 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 xuj 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 thages of females & of males/ for the female hath thus many ages appointed by the law. first, at vij years of age, the lord 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 xiiij years she is able to have her land, & shall be out of ward if she be of this age at the death of her ancestor.  
fifthly, at xuj years she shall be out of ward, though at the death of her ancestor she was within th'age of xiiij years. Sixthly, at xxi. years she is able to make alienations of her lands or tenements. Where as the man hath but two ages/ the one at xiiij years to have his land holden in socage, and to assent to matrimony/ the other at xxi to make alienations.  
Ye shall understand that by the statute of Merton, the sixth chapiter, it is enacted that if in case the lords do marry their ward to villains or others, where is a dispargement/ if such heir so married be within th'age of: xiv. years or of such age that the said ward can not consent to the marriage: Than if the friends of this heir complain or feel themselves grieved with this unmeet marriage, the next of kin to the heir unto whom the heritage can not descend may enter in to the lands, and put out the garden in chivalry/ & if the next kyndesman will not thus do, another kyndesman of the infant may do it, and shall take the issues and profits to the use of the heir, and shall yield accounts thereof unto him when he cometh to his full age.  
But there be divers other dispargementes which be not expressed in the said statute, as if the heir being within age of consent and in ward be married to a cripple: as to one that hath but one foot or one hand, or that is a defforme creature, or having any horrible disease or continual infirmity. All these and such like be dispargementes. But here ye shall understand that it shall be said no dispargement unless the heir be so married, being within the age of discretion/ that is to say, of xiiij 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 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 if he marry himself being 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 eytalyve, 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, yet her by deed or without deed to another and than he to whom such grant is made is called gerdeyn 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 xxj years, of the female xiiij) than the lord of whom the land is holden shall have of the heir relief.  
Relief of a hole knights fee is C. s. and of half a knights fee fifty. s. etc.  
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 auncestour, shall pay to his lord for relief xl li.   

¶ service of castle guard.  
¶ 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 guard, that is to say, by service to keep a tower of his lord castle or some other place, upon a reasonable warning, when his lord heareth that enemies will come or be come in to England. This service is also knights service, and draweth to it ward marriage and relief as other knights service doth.   

¶ Of grand sergeanty.  
¶ There is also an other kind of knights service, called grand sergeaunty, which is where a man holdeth his lands or tenementis of the king, by such service as he oweth in proper person to do: as to bear the banet of our sovereign lord the king, or his spear/ or to conduct his host/ or to be his marshal/ or to be the sewer, carver, or butler, at the feast of the coronation/ or to be one of the chambrelaynes of the receipt of his eschequere, or to do semblable services to the king in proper person, such manner of service I say, is called grand sergeauntye/ 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 sergeanty, is bound to do some special service to the king.  
Also if he that holdeth of the king by grand 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 the clear annual value of those lands and tenements which he holdeth of the king by grand sergeanty.  
Furthermore ye shall note that in the marches of Scotland, some hold of the king by cornage/ that is to say, by blowing of an horn to warn the men of the country when they here that the Scots or their enemies be coming, or be already entered in to England, which service is also grand sergeanty.  
grand sergaunty is as much to say in latin as magnum seruicium/ that is to say, a great or high service, like as petit sergeanty is called pervum seruitium/ that is to say, a little service.  
But to revert again to the thing. if any tenant holdeth of any other lord than of the king by such service of cornage, than it is no grand sergeanty, but yet it is knights service, and draweth to it ward marriage and relief/ for none can hold by grand sergeanty but of the king.  
Finally ye shall understand, that all they which hold of the king by this service called grand sergeanty do hold of the king by knyghtese service, and the king shall have of them ward marriage and relief, but escuage he shall not have of them, unless they hold by escuage of him by express words.   

¶ Petite sergeaunty.  
¶ Tenant by petit sergeanty is he that holdeth his land immediately of our sovereign lord the king by this service, to pay to the king yearly a bow, or a spear, a dagger, a sword, a pair of gauntlettes, a pair of spurs of gold, & shaft or such other small things appertaining to the war/ and 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 petit sergeaunty is no knights service but yet ye shall note, that a man can not hold neither by petit sergeauntye neither by grand sergeaunty, 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 tenauncy in the blood of the tenant, as concerning the segnorye 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 acquitale (that is to say) the lord ought to acquit the tenure 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 is lord to warraunty, who cometh in by process and demandeth of the tenant what he hath to bind him to the warrant, and the tenure showeth how he and his aucestours (whose heir he is) have holden his land of him and of his ancestors time out of mind/ the lord if he can not deny this, and if he have 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 thomage of his tenawt/ than he may very well when he is thus vouche● disclaim in the segnorye/ and so put out the tenant of his warranty. Where ye shall note, that in every case that the lord disclaim in his segnory in court of record, his segnory 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 along continuance, as well in the blood of the tenant in respect of his tenancy, as of the lord in respect of his segnorye. 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 auncestrell by cause of this discontinuance, but shall hold it now by the usual homage.   

¶ Of socage.  
¶ Socage is properly where the tenant is bound to come with his soak (that is to say) with his plough to earye and sow parcel of the demene lands of his lord, which service in ancient time was very 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 of socage.  
So that if a man holdeth by fealty only, or by fealty & 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 & dieth, his heir being within th'age of xiiij 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 wardship 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 rend: so that in effect after the death of his tenant he shall have of the heir two rents, save that for the relife/ he may distrain forthwith, but for thaccustomed rent he can not distrain till the usual day of payment be come.   

¶ Frank almoyne.  
¶ Tenant in frank almoyne, is where an abbot or prior or any other man of religion, or ecclesiastical person holdeth of his lord in pure and perpetual alms/ & such tenure began first in old time in this manner. When a man was seized in old time of certain lands or tenements in his demene, as of fee, and of the same tenements enfeoffed an about & his covent or a prior and his covent, or any other person ecclesiastical: as a dean of a college/ master of an hospital/ or such like/ to have and 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 orisons, prayers to celebrate masses and other divine services for the souls of their graunters and feffars/ and for the souls of their heirs which be deed/ 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 tenementis in frank almoyne do omit 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 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 aforesaid.  
But here ye shall note that if an abbot, or prior, or parson of a church or such like holdeth of his lord by certain divine service to be done, as to sing mass every friday in the week/ or placebo and dirige/ 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 may very well distrain, because the service is put in certainty.  
Now I said that if in old time a man did enfeoff such spiritual person after such sort, he should hold his land in frank almoyne/ but now at this day it is otherwise/ for by the reason of a statute called, Quia emtoris terratum, no man can alien ne grant lands or tenementis in fee simple to hold of himself, so that now if a man seized of lands in fee and granteth the same by licence to an abbot in frank almoyne/ these words frank almoyne be void, and the abbot shall hold them immediately of the lord of the feoffer by the same services that the feofer held/ so that no man can hold in frank almoyne, but by force of a grant made before the said statute only the king 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 acqnyte 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 burgh is of which the king is lord/ and they which have tenements within the same burgh hold the same of the king, paying a certain annual rent, which tenure in effect is but socage tenure. Semblably it is where as any other lord spiritual or temporal is lord of such burgh.  
Here ye shall note that for that most part such ancient burghes have divers customs & usages which other towns have not. For some burghes have a custom, that the youngest son shall inherit before th'elder, which custom is called commonly burgh 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 enter 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/ notwithstanding they be against the common law.   

¶ Of villeinage.  
¶ A tenant in vyllenage is properly 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 manner or otherwise at the will of his lord/ and to do his lord villain service: as to bear and to carry the dung of his lord out of the city, or out of his lords manner, and to lay it upon the demene lands of his lord/ or to do such like servile or villain service. How be it free men in some places hold their tenements and lands of their lords by custom, by such manner of service/ & their tenure, is called tenure in villeinage/ and yet they themselves be no villains. 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 enter in to the land so purcased by his bondman, & 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 thordinance, 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 bernge 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/ whereas 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 bound 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.  
They be made villains two ways, either by their own act, as when a free man being of full age will come in to a court of record, and there confess himself bond 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 & bondman of him that took him, the law calleth such person a vulayne.  
And ye shall note that villains he 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 capiendo, because that they be taken by hand of the enaemyes.  
Now as I said by the law of nature we are all borne free: but after that by the law of gentillite servitute invaded the world, than ensued the benefit of manumission, Manumission is De manu da●●o, that is to say a giving out of the hand or power. For so long as a man is in servitute, he is subject to the hand and power of an other/ and when he is manumissed he is made free, and 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 and all his sequel.  
Also if the lord maketh to his villain an obligation of a certain some of money, or granteth to him by his deed an annuity, 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, & maketh unto him livery of season, this also is an enfranchisement. briefly to speak, where so ever the lord compelleth his villain by the course of the law to do that thing that he might enforce him to do or to suffer without th'authority 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 manumissions, because that the lord in all these cases may have theffect of his suit (that is to say) the goods, cattles, and correction of his villain without the compulsion of the law by his own proper power and authority, which he hath upon his villain. But if the lord sue his villain by an appeal of felony, the villain being lawfully indicted of the same before, this is no enfranchisement/ for the lord though he have power to beat his villain and to spoil him of his goods, yet he can not put him to death/  
Ye shall also understand, that if a man's villain purchaseth lands, or acquire unto him any other thing/ the lord may by and by en 〈◊〉 seize the same in to his own hands. Wherefore if the lord will bring against his villain a Praecipe quod reddat, by which he demandeth against his villain any lands or tenements, this implieth an enfranchesement/ forasmuch 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 some be called villains regardaunt. In gross be they of which the lord is severally seized, and not by reason of any lordship or manner: but they be called regardaunt which do belong to a manner, of which the lord is seized, and the said villains have been regardaunt (that is to say) expectaunt and attendant time out of mind to the lord of the said manner, in doing unto him such services as to a villain appertain.   

¶ The peroration of the work.  
IN this present treatise (gentle reader) I have after my rude and gross fashion briefly touched and treated of the most principal matters concerning the laws of this realm, that is to wite of estates in lands and tenements with all the circumstances there unto appertaining/ and of the services due of the same. I was in purpose further to have proceeded in thexplaining of these & semblable matters, 〈…〉 in good worth/ 〈…〉 (as the thing is in very deed) 〈◊〉 I have taken the same rather of others, than for the vain ostentation of myself.  
FINIS.   

¶ The table.  

¶ The preface of the book.  
¶ Adivision of estates.  
¶ Tenant for term of years.  
¶ Tenant at will.  
¶ Tenant by copy of court roll.  
¶ Adivision of free holds.  
¶ Tenant for term of life.  
¶ Tenant by courtesy.  
¶ Tenannt in dower.  
¶ Adivision of inheritances.  
¶ Fee simple.  
¶ Fee tail.  
¶ Tenant after possibility of issue extinct.  
¶ Of parceners.  
¶ Of conditions.  
¶ Of livery of season, and of attornment.  
¶ Of services.  
¶ Knights service.  
〈…〉 marriage and relief.  
〈…〉 of castle guard.  
¶ Of grand sergeanty  
¶ Of petit sergeauntie.  
¶ Homage ancestral.  
¶ Of socage.  
¶ Frank almoyne.  
¶ Of burgage.  
¶ Of villeinage.  
¶ The peroration of the work.   
¶ The end of the table.