The Exact Lawgiver; Faithfully Communicating 

To the skilful The firm Basis and Axioms of their Profession.  
To the ignorant Their Ancient and undoubted Birthrights and Inheritances.   Being as a Light unto all the Professors of the Law, as well Counsellors as Attorneys, Clerks, Solicitors, Scriveners, etc. OR A MANUDUCTIO, Or a Leading, as it were, by the hand, all such, both of the Gentry or Laity (as desire to be Instructed how to gain or preserve their Estates from the hands of their cruel Adversaries) to the Perfect Knowledge of the Common and Statute Law of this Nation.  Cicero lib. 1. de Leg. 
Ratio cum est in ment hominis confirmata & conferta lex est, & lex est radius divini luminis.  
LONDON, Printed for Thomas Bassett in St Dunstan's Churchyard in Fleetstreet. 1658.   

To the READER.  
THis Book being an Ancient Manuscript coming to my hands, which through my own small skill in the Law, perceiving it to be an Ingenious thing, yet desiring to bring it to the Test, I do assure you the grave Judgement of such as were profound in the Knowledge of the Law, with me not only approved of it, but highly Commended it, for an Ellaborate and Learned Treatise, adjudging it a thing worthy to be Published for the good of the whole Nation. These lively Characters of the goodness of the Book, agreeing with, and as wonderfully relishing with my Genius, being very ambitious to do something that might manifest to myself the filial love I bear unto my Country, I resolved to publish it, (but incognito) esteeming him the Charitablest man that dispenceth his Largesse freely, but privately.  
Another Reason that I do not attest it with my Name, is; because I am no ways greedy of the world's applaus, adjuding it as little worth. And if it be objected why I do not set my Friends Name to it, whose Script it was, I make this my Answer and Apology, That I am not of their minds, who to get themselves or their Friends a great applaus with the common people, matter not what wiles or crafts they use, so that they can any wise bring their device about.  
But of the contrary Opinion am I, detesting such absurdities, who as I must say the truth, do acknowledge that I am not throughly convinced in my mind, that my Friend, in whose Library I found this (Script) did make or Compose it, and therefore I would not presume to affix his Name to any thing that should not be absolutely his; and the smallness of the thing besides would have raised a Quaere, fi I should have had such a thought.  
Howbeit, being carried with a great desire of hearing Commendations of the thing, and thereby to be greatly delighted; imagining the Praises of it to be the just Deserts of my worthy Friend and supposed Author, I was necessitated, as it were, what by my own desire to do my Country good, and what by the great Commendations several Eminent Practisers of our Law gave of it, to cause it to be put in print, which being done, I represent it to the open View of all men, wishing them Candidly to peruse it, not doubting but they will find it answer their desires, to their great Use and Benefit. But knowing on the other side, that many will be apt to spurn, if they find the least (jota) wanting, I wish them to remember Nemo nascitur sine crimine; I crave the favourable Construction of all ingenious Persons, and for the (Malevilous) and Caterpillars of our Age, which will not be content with any thing, I leave as I find. Vale.   

THE CONTENTS.  
CHAP. I. 
OF the Antiquity, Excellency, and Perfection of the Common Laws of England. page 1.  CHAP. II. 
Of the Professors of the Law. p. 9  CHAP. III. 
The Definition of Law. p. 12.  CHAP. IU. 
A Division of Estates. p. 14.  CHAP. V. 
Tenant for Term of Years. p. 15.  CHAP. VI 
Tenant at Will. p. 17.  CHAP. VII. 
Tenant by Copy of Court-Roll. ibid.  CHAP. VIII. 
Of Freeholds. p. 24.  CHAP. IX. 
Tenant for Term of Life. p. 26.  CHAP. X. 
Tenant by the Courtesy. p. 28.  CHAP. XI. 
Of Tenant in Dower. p. 31.  CHAP. XII. 
A Division of Inheritance. p. 38.  CHAP. XIII. 
Of Fee-simple. p. 39  CHAP. XIV. 
Of Fee-tail. p. 47.  CHAP. XV. 
Tenant after possibility of Issue Extinct. p. 52.  CHAP. XVI. 
Of Perceners or other Coheirs. p. 54.  CHAP. XVII. 
Of Joyntenants. p. 60.  CHAP. XVIII. 
Tenants in Common. p. 70.  CHAP. XIX. 
Of Chattels. p. 84.  CHAP. XX. 
Of Partition, to be made by joint-tenants and Tenants in Common. p. 87.  CHAP. XXI. 
Of Conditions. p. 89.  CHAP. XXII. 
How strangers shall take advantage of Conditions. p. 96.  CHAP. XXIII. 
Livery of Seisin and Atturnment. p. 98.  CHAP. XXIV. 
Of Service. p. 104.  CHAP. XXV. 
Knight Service. p. 105.  CHAP. XXVI. 
Of Ward, Marriage and Relief. p. 111.  CHAP. XXVII. 
Service of Castleguard. p. 117.  CHAP. XXVIII. 
Of Grand Sergeanty. p. 118.  CHAP. XXIX. 
Petty-Sergeanty. p. 121.  CHAP. XXX. 
Homage ancestrel. p. 122.  CHAP. XXXI. 
Of Liveries. p. 125.  CHAP. XXXII. 
How Heirs ought to sue their Livery. p. 126.  CHAP. XXXIII. 
Soccage. p. 134.  CHAP. XXXIV. 
Frank Almoign. p. 136.  CHAP. XXXV. 
Of Burgages. p. 140.  CHAP. XXXVI. 
Of Villeinage or Bond-Service. p. 142.  CHAP. XXXVII. 
Of Antiet Demesne. p. 148.  CHAP. XXXVIII. 
Of Rents. p. 151.  CHAP. XXXIX. 
What remedy a man hath to recover his Rent when it is behind. p. 160.  CHAP. XL. 
How Avowries ought to be made of Rents and Services. p. 165.  CHAP. XLI. 
For the assurance of Farmers. p. 166.  CHAP. XLII. 
Of fulfilling of Recoveries by Farmers. p. 169.  CHAP. XLIII. 
Of Tithes, and how they shall be recovered. p. 171.  CHAP. XLIV. 
Of Mortuaries. p. 173.  CHAP. XLV. 
Of discontinuance. 175.  CHAP. XLVI. 
How Recoveries by collusion against Tenants for turn of life is no discontinuance. p. 179.  CHAP. XLVII. 
How wrongful diseisin is no descent in the Law. p. 181.  CHAP. XLVIII. 
Of limitation of prescription. p. 182.  CHAP. XLIX. 
Of Fines. p. 184.  CHAP. L. 
Of Testaments or Last-Wills. p. 187.  CHAP. LI. 
The difference between Executors and Administrators. p. 189.  CHAP. LII. 
For probate of Testaments. p. 203.  CHAP. LIII. 
How Lands and Tenements may be by Testament (or otherwise) disposed of: Enacted An. 32. H. 8. p. 206.  CHAP. LIV. 
Matrimony and Marriage. p. 212.  CHAP. LV. 
Of Vouchèr. p. 213.  CHAP. LVI. 
Vourcher and Counter-Plea of Vourcher. p. 214.  CHAP. LVII. 
Of Warranty. p. 220.    

The Exact Lawgiver.  

CHAP. I. Of the Antiquity, Excellency and Perfection of the Common-Laws of England.  
THere is no Jewel in the world comparable to Learning; 
The Excellency of the Common Law of England.  no Learning so excellent both for Prince and Subject, as the knowledge of Laws; and no knowledge of any humane Laws so necessary, as of those under which we are subject; And if we respect the goodness of Law in general, we shall find none so necessary for all Estates, and for all Cases, concerning Goods, Lands or Life, as the Common Laws of England: And such is the judgement of the Honourable the Lord Coke, and other famous Sages of our Law, the very echo of whose words are of sufficient power to engraff (an honourable respect thereof) in the mind of any ingenious person.  
And that the conceited Novelists and malevilous spirits of these our times (who spurn at any thing of Antiquity) may be infatuated in their opinions, and withdrawn from their rash and overmalepert censure of our Common Law, let them consider the Reasons which induced those Worthies to their high estimation and value of our Common Laws of England.  
For (say they) if the ancient Laws of this noble Island (viz.) England, had not excelled all others, it could not be but some of the several Conquerors and Governors thereof (that is to say) the Romans, Saxons, Danes, or Normans, but especially the Romans, (who as they justly may) do boast of their Civil Laws, would, as every of them might, have altered or changed the same: And this also is the opinion of the Honourable Sir John Fortescue, the Lord Coke, and many more.  
Yet notwithstanding these Honourable Vouchers of the Excellency of our Common Law, one Zoilus or other never leaves carping at it, though thereby they do but display their own ignorance and folly, even as the Fly which never leaves spurning at the Candle till it burns its own wings.  
And of such kind are those first of all, who exclaim against the Law, because writ in an unknown tongue (when as their object shows a worthiness in it) For as all humane things are excellent by their order, so the Common Law of England hath some lustre by its proper and peculiar language, yea and is transcendent in its order, to all humane Sciences in the world: When we consider that the true genuine sense, and full-fraught phrase of our Common Laws of England cannot be so well expressed, nor any Case in Law so succinctly sensible, and withal so fully reported and demonstrated, as in that speech our Ancestors first taught it to speak, viz. that trinal composition and connexture of three Languages, viz. English, Latin and French.  
Which reason surely (saith a Reverend Judge) hath not been well understood by those, who object it as a fault to the professors of the Law, who say, They writ the Books of Law in a strange Language, which none can understand but themselves, that thereby the people might be kept in ignorance, and they the more admired and esteemed: And (saith Cicero in his first Book de Oratore) were held of the first Professors of the Romans Civil Law, Quia veteres illi qui huic scientiae praefuerunt, obstinendae atque augendae potentiae suae causa per vulgari artem suam noluerunt.  
But the weakness of this Objection doth manifestly appear, in that there is such a facility in the reading and understanding of the Law French; For none can deny but that it may be learned in a week or fortnight's time without a teacher: So that it may boldly be said in honour of the Common Laws of England, That there is no rational Science in the world, having so many words and terms of Art, whose Cases, Arguments and Judgements are expressed and delivered in a form of speech, so plain, so significant, and a tongue so soon learned as our Common Laws of England.  
The alteration of which hath brought in innumerable Pettifoggers and Splitters of Causes, (as they may well be called,) who by the reading of two or three Law-books in English, dare take the presumption to infatuate and delude ignorant people, under the notion of being cunning in carrying on of business (which if they be) it is merely in the nature of the horseleech, to suck them dry that employ them; and besides through their ignorance of the true sense of the Law, they undo many a Cause, which good Council might have saved.  
Secondly, Our Laws are vilified with the aspersion of uncertainty and unnecessary delays in its proceed, when we all know, That the Law is but a Rule of Reason, and humane Reason being pliable every way, not only the knowledge of our Law, but all other rational Sciences in the whole world which are subject to argument and discourse, must needs be subject to uncertainty and error: Yet if we will take the honourable the Lord Coke's Testimony, there is no Art or Science which dependeth upon discourse of reason, so little subject to divers Interpretations as our Common Law of England; and this he spoke by his own experience, as in the Epistle to the second part of his Reports he tells us, That in all his time there was not moved in the Courts of Justice in England two Questions touching the Right of Descents or Escheats, or the like fundamental points of the Common Law; So certain, sure, and without questions are the principles and grounds thereof. And furthermore it will be a confirmation of its certainty and sure principles, even to admiration, when we consider with what wonderful Judgement the grounds of our Laws were laid, which in so many hundred years after their establishing, do still meet with, and provide for almost all the Cases that can happen in a Commonwealth. And herein also doth appear profound wisdom and simplicity in their establishing, in that the grounds hereof are so clear and plain, that whereas the Civil Law, which is so highly esteemed is fain to have gloss upon gloss, even to a great number; for the true understanding of the Text of their Law, when the Text of the Common Laws of England, which hath continued so many hundred years, hath had but one Commentary upon its Text, viz. the Lord Coke's Commentary on Littleton, which contains the principal grounds of our Common Laws. So that it plainly appears, That the Judgement and Reason of the Common Law of England is more certain than any humane Laws in the world besides. And for Delays, though the Law and Lawyer chief be blamed, yet the main cause of Delays arise from the stomackfulness and perverseness of Clients, who are of that contentious disposition, that they will spend all that ever they are worth, so they may have their wills, and through their own refractoriness and perverse humours will reverse Judgement after Judgement, and Decree after Decree, standing by their good wills to nothing which the Law awards; And indeed there be too many of these melevolous spirits, who cannot be content to undo themselves, but will strive also to ruin others, and not only so, but will strive also to ruin others, and not only so, but strive to defame the learned and honest Council, because the Cause went against them, when as it is the uprightness of the Law, which distinguisheth right from wrong.  
And furthermore our legal proceed are so contrary to the common conceived opinion that almost any cause in the Common Law being orderly pursued may come to a period in a year, whereas in France (as Bedin testifieth) the like will scarcely be in thirty years. And lastly, for the malediction of all frivolous Objections, and in honour of our Nation: There is no Nation in the world (says a learned Judge) that hath a course of Justice so speedy, and withal so commodious and easy for the Subject, as our Trials of Assize, and nisi prius are; for Justice the Lady and Queen of all moral virtues, makes her progress twice in a year throughout every Country in the Land, so that the Fountains of Justice are conveyed even home (as it were) to our very doors.  
And now having shown you the Antiquity, Eminency, and Perfection of the Common Laws of England, I shall in the next place say something of the learned Professors thereof.   

CHAP. II. Of the Professors of the Law.  
AS I have demonstrated unto you by infallible Reasons and sufficient Witnesses the worthiness of our common Law, 
Of the Professors of the Law.  dispersed the grand Objections which have risen against it, so shall I in this place strive to vindicate the learned Professors thereof from the unjust calumnies aspersed against them. And  
First of all, It is objected against them, as it was against the Law itself, that they are the cause of long and tedious Suits in that they wittingly and willingly take upon them bad Causes, knowing them to be unjust when they are first consulted with and retained; And that a bad Cause never wants a Councillor to defend it, and such like. To which I answer, that the learned Professor may be able to give judgement upon most Causes at their first commencement, and may know right from wrong, this I say they may do, and yet not wittingly maintain a bad Cause: for it is to be considered, that the Counsellor hears but one man's Cause only; and to be sure the Client will make his own Cause good: How then should the learned Counsellor be able to distinguish right from wrong, until it be known what can be alleged and proved by either party: how then can it be said that the Council maintains an unjust Cause, when he knows not how the Case will be, till he had made his utmost defence? Secondly, This Objection will be invalid, if we consider how tender our Judges are of the reputation of the profession of the Law, by branding (as it were) with infamy all such as give sinister Council, or too boldly defend a bad Cause, so that seldom or never are such permitted to rise to any higher degree in the Law; and this is the testimony of one of our famous Judges: and for the Attorneys or practisers, they are commonly cast over the Bar, and detained from practice upon their default; such great care is taken to suppress dishonesty amongst the professors of so Honourable a Science. So now seeing that there is no just Cause of such aspersions, which I hope few can deny; yet if they do, I am sure they must allow, That all men, at all times, and in all places, do stand in need of justice, which is the Law, for Law is but the rule of justice, and without her support the Noble man cannot maintain his Honour, nor the subject his liberty; nay, without her no man living, either virtuous or vicious, can enjoy his life or any thing that makes his life delightful: If the Law than merits so much of all mankind in general, (for that it is the fountain of all our benefits;) what do the professors of this Law then deserve, which draw these benefits out of this fountain, and convey the same to every one of us: for the Law being only a rule to measure the actions of men, the rule cannot measure unless applied by the hand of the Architect: and Cicero defining the Law says; It is mutus Magistratus, even dumb and speaks not but by the tongue of a learned and eloquent Lawyer; deaf and heareth no complaints but by the ear of a grave and potent Judge; blind and seethe not, but by the eye of a watchful and diligent Officer: so that without these Interpreters of the Law, viz. the learned Professors thereof, there can be no use or application of the Law, and consequently the Law and Justice itself cannot consist without them.  
Thus have I briefly treated of the Law and Lawyers, answering to all the Objections that might be brought against the one or the other. In the next place I will lay before you the definition of the Law, that from thence we may proceed to the structure itself.   

CHAP. III. The Definition of LAW.  
La is defined by our Ancestors and others, 
What Law is.  to be that which commands those things which are to be done, and forbids their contraries.  
2. To be the rule of all moral Acts, obliging to what is right, and is the conservation of Justice, which is a constant and perpetual will to give every one his own.  
3. The precepts of Law are, as Bracton saith, to live honestly, wrong no man, give every man his own, and the like.  
4. The Law is the direction and administration of Justice and Injustice, is (as the Emperor Justinian saith) a constant and permanent will to render every person his right; and duty.  
5. Demosthenes the renowned Orator, defines it to be the gift of God as well as the Decrees of Learned men; and so likewise Chrysippus an excellent Philosopher gins his book of Laws; The Law, says he, is King of all as well divine as humane Offices, the Precedent and Councillor of all things, honest or dishonest; Captain and Ruler of the just and unjust; and is of several natures, as well the commander of what they ought to do, as the forbidder of what they ought not to do; it is that only which distinguisheth right from wrong; for (ubi Lex non distinguit nec nos distinguere debemus.) Thus you see how jointly and severally our most famous Ancestors have defined Law unanimously agreeing; That it is a fortress for the weak to retire unto; a sanctuary for the oppressed to fly unto; restraining the boldness of the insolent; tying (as it were with manacles) the hands of the potent, and like Orpheus' Harp, charming the fierceness of the Lion or Tiger, so as the poor Lamb may lie in safety by them.  
And now having thus moderately discoursed of the Law, and the Professors thereof, I shall henceforward speak of several fundamental parts both of the Common and Statute Law of this Nation.   

CHAP. IU. A Division of Estates.  
YOu shall therefore understand, that whosoever hath any Estate in Lands or Tenements, either he hath in the same only a Chattel, or a Free hold, or an Inheritance; 
Chattel.  if he hath an Estate but for term of certain years, or at his Landlords will, than it is called a Chattel; if for term of his life, or for any other man's life, it is called a ; 
.  and if he hath to him and to his heirs in fee-simple or in tail, 
Inheritance.  than he hath an Estate of Inheritance.   

CHAP. V Tenant for term of Years.  
TEnant for term of years, is he to whom Lands or Tenements be let for term of certain years, as is agreed between the Landlord and the Tenant, and when the person to whom such Lease is made, doth enter by force of the said Lease, and is in possession of the same, than he is called a Tenant for term of years. And here ye shall note, that if the Lessour that made the Lease, 
Rend reserved.  hath reserved unto him a yearly Rent upon the said Lease, as it is accustomably used to be done; if the Rent be behind and unpaid, it shall be in his lection either to enter and distrain for the Rent, 
Action of Debt.  or to bring an Action of Debt against the Tenant for the arrearages of the same: 
A good Plea.  But in this case it is requisite that the Lessour 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, the Lessour had nothing in the Lands and Tenements at the time of the Lease made, except the Lease were made by Deed indented, for then the Plea shall not be in the Tenant's mouth to plead.  
And it is to be known, 
Livery of Seisin needeth not in a Lease for term of years.  that in a Lease for term of years, whether it be 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 Lease, without any further ceremony of the Law.  
And if a man leaseth Lands for term of years, though the Lessour chanceth to die before the Lessee doth enter, yet he may enter well enough, otherwise it is where livery of seisin is to be made as in Free-holds and inheritances.  
Also if the Tenant for years doth waste, 
Waste.  the Landlord may bring an Action of Waste against him, and shall recover the place wasted, and his triple damages.  
Also if a Lease for years be made of two several things, and after the one is recovered, the Lessee shall hold the other, and the rent or farm shall be apportioned, M. 12. H 8.  
Also if the Tenant for years granteth a greater estate in the Land than he hath himself, whereby he conveyeth the fee-simple to himself, 
Forfeiture  he shall forfeit his Lease or term.   

CHAP. VI Tenant at Will.  
TEnant at will, is he to whom Lands or Tenements be leased, to have and to hold the same at the will of the Lessour, and in this case the Lessour may put out his Tenant at what time he listeth; but yet nevertheless if the Tenant have sowed the grounds with Corn, in this case if the Lessour 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 or damages to be sustained for his so doing, because he knew not at what time the Lessour would enter: but otherwise it is of Tenant for certain term of years; for if he soweth the ground, and his term of his Lease be come out, and expire before the Corn be ripe, in this case the Lessour, 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.  
So likewise Tenant at will shall have free coming and going after the time of the Lessours' 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; 
Distress or action of Debt.  in which case if the rent be behind, he may enter very well, and distrain the Goods and Chattels of the Tenant, or at his election he may bring an Action of Debt against him.  
Also it is to be known, that a Tenant at will of a House or Tenement, is not bound by the order of the Law, to sustain and repair the Houses that be decayed and ruinous, as is the Tenant for years, and therefore no Action of Waste lieth against him: 
Waste.  yet if he will 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 Lessour may bring an Action of Trespass against him, and shall recover his losses thereby sustained.  
And if such a Tenant die, and his Heir enter, in that case the Lessour may have an Action of Trespass against the Heir for his entry. 
Trespass.    

CHAP. VII. Tenant by Copy or Court-Roll.  
THere is another kind of Tenant at Will which is called Tenant by Copy of the Court Rolls, and this is when a man is seized of a Manor, within which it hath been used time out of mind, that the Tenants within the bounds and precinct of the said Manor, have holden Lands and Tenements to them and to their Heirs in fee-simple, see-taile or for term of life, at the will of the Lord, according to the custom of the Manor, and such a Tenant cannot alien or sell his Land by his Deed; for if he do, the Land or Tenement that is so alienated and sold, is forfeit into the Lords hands: but if he will alien his Copyhold-Land to another, he must according to the custom, come into the Lord's Court, 
Surrender.  and there surrender it into the Lords hands, to the behoof and use of him that shall have the Estate; the form of which Surrender is commonly used to be thus:  
Ad hanc curiam venit A. de B. & sursum redidit in eadem curia unum mesvagium, 
The form of a Surrender.  etc. in manus Domini ad usum C. de D. & heredum suorum vel heredum de corpore, etc. Et super hoc venit praedictus C. de D. & eripiet de Domino in eadem curiâ mesvagium praedictum habendum & tenendum sibi, etc. ad voluntatem Domini secundum consuetudinem Manerij faciend inde redditus servitia & consuetudines inde juris debita & censuetas, etc. & that Domino pro fine, etc. & 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, but in the King's Court by Writ or otherwise; but if they will in any wise implead or sue others for such Copy Lands, they must do it by way of plaint in the Lord's Court after this form:  
A. de D. queritur versus C. de D. de placito terrae, 
The form of the Plaint.  videlicet de uno mesvagio 46 acris terrae, 4 acris prati, etc. cum pertinentiis & facit protestationem sequi quaerelam istam in natura brevis Domini Regis assisae mortis antecessoris ad communem Legem pol ' etc. Plegij de prosequendo F.O. etc.  
Now although some such Tenants have an Inheritance according to the custom of that Manor, 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 and put them forth, they have no remedy at all but to sue unto their Lord by way of Petition, desiring him to be a good and gracious Lord unto them: for if they might have any remedy by the Law, then should they not be called (say they) Tenants at the will of the Lord after the custom of the Manor: but other men of no less Learning and prudence, have been of contrary judgement, as Lord Brian Chief Justice in the time of King Edward the fourth, whose opinion was always, that if such a Tenant by the custom (paying his Services) be ejected and put forth by his Lord without cause reasonable, 
Action of Trespass.  he may very well bring and maintain an Action of Trespass against his Lord at the Common Law, as appeareth Termino Hillarij An. 21. E. 4. Also Lord Danby Chief Justice likewise was of the same judgement, as appeareth Termino Mich. An. 7. E. 4. 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 freehold at the Common Law: but the determination of this question I remit to my great Masters, which can lose the knots and ambiguities of the Law, forasmuch as yet still of this matter, Causidici certant & adhuc sub judice lis est.  
Also ye shall understand, that the usage of some Manor is, when the Tenant will surrender his Land to the use of another, that he shall take a Wand or a Rod 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. Divers other customs there be of surrendering of Copyhold 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 freehold; therefore they be called Tenants of base Tenure. 
Base Tenure.   
Also if such a Tenant letteth to farm his Copyhold Land, for longer time than a twelve month and a day without the Lords licence, it is a forfeiture of his Land to his Lord.  
And know ye, that if this Tenant fell any Timber that groweth upon the Land, but only for the reparation of the same, this is Waste and a forfeiture of his Copyhold.  
Hitherto have I treated of the first member of our division, that is, to wit of Chattels; for (as I said) all Leases for term of years and at will, be accounted in the Law but as Chattels, and be comprised under that name, save that these be called Chattels reals, whereas Kine, Oxen, 
Chattel real and personal.  Horses, Money, Plate, Corn and such like, be called Chattels personals: Now we will proceed to the explanation of the second member, that is to say of Freeholds.   

CHAP. VIII. Of Freeholds.  
FReeholds or Frank-tenements a man may have in sundry wise; for either he is seized for term of his own life, or for term of another man's life; if he be seized for term of his own life, either he hath 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 of intituling of the Law, when a man marrieth a woman that is an inheritrix, and hath issue by her, 
Tenure by the Courtesy.  and she dieth, now shall he have the Lands during his life by course of the Law, and shall be called Tenant by the courtesy of England.  
Likewise if a man be seized in fee-simple or fee-tail of Lands, and taketh a wife and he dieth, the Law giveth unto the wise the third part of her husband's Lands for term of life, 
Tenant in Dower.  and she shall be called Tenant in Dower.   

CHAP. IX. 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 another's life; howbeit the most frequent and common manner of speaking is, to call him that hath an estate for term of his own life Tenant for life, and him that hath an estate for term of another's life, Tenant for term, dauter vie, that is to say, Tenant for term of another's life.  
Ye shall note, that like as he that maketh the Lease is called the Lessour, and he to whom the Lease is made is called the Lessee; so he that maketh the Feoffment is called the Feoffer, and he to whom the Feoffment is made the Feoffee.  
Also if the Tenant for term of life, or Tenant for term of another man's life do waste, 
Waste.  the Lessour, or he in the reversion shall maintain very well an Action of Waste against him, and shall by the same recover treble damages.  
Finally, Ye shall understand, that by an Act of Parliament made in the 27. year of our Sovereign Lord King Henry the eight, it is enacted, That no Freehold nor estate of Inheritance shall pass nor take effect, by reason of any bargain and sale, except the same be made by writing indented, sealed and enroled in one of the King's Majesty's Courts at Westminster, or else within the County where the Land doth lie, before the Custos Rotulorum, and two Justices of Peace and the Clerk of the Peace of the same County, or two of them at least, of which the said Clerk shall be one, and that such enrolment be made within six months after the date of such writing: and for the enrolment of every such writing, where the Land comprised therein is not above the yearly value of Forty shillings, they shall take two shillings, that is Twelve pence to the Justices, and Twelve pence to the Clerk; and if the Land be above the yearly value of Forty shillings, than they shall take Five shillings, that is, Two shillings and six pence to the Justices, and Two shillings and six pence to the Clerk which shall enrol and engross sufficiently in parchment such Deed and writing; and at every years end he shall deliver the same to the Custos Rotulorum of the same County, to remain in his custody among other Records of the same County, so that the parties resorting thither may see them: provided that this extend not to any Tenements or Hereditaments lying within any City or Town Corporate, wherein the Major's Records or other Officers have authority, or have lawfully used to enrol any Evidences or writings within their Precinct.   

CHAP. X. 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 a wife, to receive and keep still all his wife's Land that she had either in fee-simple or fee-tail so long as he liveth, and this is by the courtesy and urbanity of England, for this thing is used in none other Country nor Region. But in this it is required, that the Child be vital, that is to say, be born and brought forth into this world alive; and therefore the common saying is and hath been, that unless the Child be heard cry, the Father shall not be Tenant by the courtesy, for the only proof and argument of life in an Infant born, is the vagite and crying. Ye shall furthermore understand, that unless the husband be in actual and real possession of his wives Lands, and seized of them in her right, he shall not be Tenant by the 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 Actions, yet if the Husband have not made an actual entry during coverture and matrimony between them, 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', Rents, Commons, and such other things which forthwith when they descend, be in man or in a woman, without any entry or further ceremony in Law.  
Note, That if a Tenant by the courtesy of England, will suffer or make any waste in the Lands or Tenements that he so holdeth, he is punishable therefore by Action of Waste brought by him in the reversion.  
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 Tenant in fee-simple of certain Land, and doth intermarry with a woman that is the Seignioress or Lady of the same, and hath issue by her, and she dieth, yet shall he not be Tenant by the courtesy of the Lordship or Seignory, because himself is Tenant of the Land, and therefore the Lordship is suspended for the time, for a man cannot be both Lord and Tenant of one thing; but if he had not been Tenant of Land, he should have had the Lordship after the death of his wife by the courtesy of England very well.  
Also note, That of a right only a man shall not be Tenant by the courtesy; as if a woman sole, seized in fee of Lands or Tenements be disseized, and after take a husband and they have issue, and she die before any reentry be made, the husband shall not be Tenant by the courtesy.  
Note further, That of a reversion a man shall not be Tenant by the courtesy; as if a woman sole seized of Land in fee, make a Lease to S. for term of life, after taketh a husband and they have issue and she die, living the Lessee for term of life, the husband shall not be Tenant by the courtesy.   

CHAP. XI. Of Tenant in Dower.  
TEnant in Dower, is she that hath been married to a husband that was (during the matrimony between them) seized of Lands or Tenements in fee-simple or fee-tail, which is now dead, 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, 
Dower at the Common Law.  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 fee-tail, and die, his wife shall be endowed by the course of the Common Law, of the third foot; 
Dower by custom.  and in some places (by an ancient custom) she shall be endowed 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 the woman to demand her dower, for it were unreasonable that the negligence and slackness of entering of the husband should hurt the wife's Title.  
Otherwise it is as it is said before of Tenant by the courtesy; 
Tenant by the Courtesy.  for if Lands descend to a woman covert, and the husband for slothfulness or negligence doth not enter in his wife's life, he shall not be Tenant by the courtesy, for by all Laws the wife oweth obedience and subjection to her husband, and therefore she cannot compel him to enter: but when Lands descend to the wife, the husband only hath power to enter at his pleasure.  
And ye shall understand, that unless the wife be above the age of Nine years at the time of her husband's death, she shall not be endowed by the Common Law.  
But it is to be known, 
A Woman shall have no Dower.  that a woman may by divers ways estoppe and prejudice herself of her dower; as if she commit any crime for which she is attainted of Treason, Murder or felony, she shall have in this case no dower, notwithstanding she hath obtained her pardon,  
Allo if after the death of her husband she taketh a Lease for term of life of the same Lands whereof she is indowable, she loseth her dower of the same. Moreover if she depart from her husband, and lieth in adultery with another man, and is not reconciled again to her husband, without cohersion of the Ecclesiastical power, she loseth her dower after her husband's death; she shall be also barred of her 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 withhold dower for this cause. 
No Dower.   
It ought not to be unknown also, of what things she may demand dower, and of what things not; of Lands, Messages, Advowsons', Rent-charge, Rent-services, or Signories in gross; or otherwise of Villains, of Commons certain, of Estovers certain, of Milles and Offices, or of the profit of them she is dowable; but of Commons and Estovers saus number also of Annuities, of Homages of things of Pleasure, as of Service, of payment of Roses and semblable, she shall not be endowed. 
Note.   
There be yet two other kinds of Dower, 
Dowment ex assensu Patris.  the one is called Dowment ex assensu patris, that is to say, by the assent of the father; and the other is called Dowment de la plus beale part, that is to say of the fairest part: Dowment ex assensu patris, is when the Father is seized of Lands in fee simple, and his Son which is Heir apparent, indoweth 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, testifying the same assent; if in this case her Husband die, she may forthwith enter into the Land so assigned unto her, without further procurement of process of Law, although the Father of her said 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 cannot have her Dower also by the Common Law of the third part of her Husband's Lands, or any part or parcel of them: Howbeit if she will refuse this Assignment made unto her at the Church door, and demand Dower at the Common Law, she may so do very well. A man may also endow his Wife at the time of the Espousals, of his own Lands, the which he hath by his own possession, and that Dower is called Dower ad estium Ecclesiae, that is to say, at the Church door. 
Dowment ad ostium Ecclesiae.   
Dowment de la plus beale part, 
Dowment de la plus beale part.  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 another man by Knights-service, and of other Lands which be of Socage tenure, and hath Issue which is within the age of fourteen years and die, and the Lord of whom the Land is holden by Knight-service, entereth in the Land holden of him, and the mother of the Child entereth into Socage tenure as Guardian in Socage; if in this case the woman will bring a Writ of Dower against the Lord which is Guardian in Chivalry, he may plead the special Matter, and show how she is Guardian in Socage, and hath so much Land, and thereupon pay 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 whole Lands.  
And then the judgement shall be, That the Guardian in Chivalry shall retain the Land holden of him, quit from 〈◊〉 woman during the nonage of the Ward; after which Judgement and Sentence given, she may go, and in the presence of her neighbours endow herself of the best part of that which is in her custody, amounting to the third part of the whole; and then is she called Tenant in Dower de la plus beale.  
Finally ye shall understand, 
An. 27. H. 8.  That by a Statute made in the 27. year of our most dread Sovereign Lord King Henry the Eight, it is enacted, That where divers Persons have Estates made to them and to their Wives, and to the Heirs of the Husband, or to the Husband and Wife, and the Heirs of their two bodies begotten, or the Heirs of one of their bodies, or for term of both or one of their lives, or any other Persons and their Heirs, to the use of the Husbrnd and Wife, or to the Wife alone for her Jointure, in every such case the Woman shall not be suffered to demand any Dowry of the residue of her Husband's Lands of whom she hath Jointure against any Tenant of the Land; but in case she hath no such Jointure, then may she demand her ●●wrie, after the course of the Common Law: Provided nevertheless, that if such Women be lawfully expulsed from their Jointure, or any part thereof, without fraud or covin, then shall they be endowed of the residue of their Husband's Lands, for as much as the Lands shall amount unto, out of which they were so expulsed and put forth.  
Provided also, That if Lands or Tenements be assured to any Woman after marriage, for term of life, or likewise in Jointure (except it be by Act of Parliament) and the Wife over-live her her Husband in whose time the Jointure was made, in this case the Wife may refuse the Lands so appointed unto her in Jointure, and have her Dower at the Common Law, of such Lands as her Husband was seized of at any time during the coverture.  
Also if the Husband committeth Treason, Murder or Felony, for which he is attainted, the Wife shall not have her Dower.  
And note, That if the Husband enter into Religion and is professed, the Heir shall enter into the Land, but the Wife getteth no Dower till the Husband dieth. M. 32. E. 2.  
And likewise if a man seized of Land, taketh a Wife that is an Alien born and dieth, she shall not be endowed, except she be made Denizon by Act of Parliament, T. 3. H. 6. And note, That where the Wife bringeth a Writ of Dower and recovereth her right, she shall recover no damages, but where her husband died seized of the Lands recovered.   

CHAP. XII. A division of Inheritance.  
HItherto have I spoken of Free-holds, 
Damages.  now it remaineth to treat of Inheritances; not the Inheritances that be no Free-holds, for they be Free-holds also; but the other Estates of which I have hitherto treated, be only Free-holds and of no higher nature; whereas an Estate of Inheritance, although it be a Free hold indeed, yet it is not to be called by name, sigh it is after more excellent and greater Estate: but ye shall understand, that of Inheritances some be of more amplitude and excellent than other some be, as that Inheritance which is pure simple and without limitation of what Heirs, which kind of Inheritance is called fee-simple: but when I make a limitation of what Heirs, than it is called fee-tail; and of which also be two sorts, as hereafter more at large shall be declared: now therefore the nature of fee-simple is set forth with our accustomed compendiousness.   

CHAP. XIII. Of Fee-simple.  
FEe-simple is (as I said) the most ample and large Inheritance that can be in this Realm devised or invented: 
Fee-simple.  it is that which a man hath to him and his Heirs, simple without any further limitation: for 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 then, Tenant in fee-simple is he that hath Lands or Tenements, whether it be by purchase, or by descent to him and to his Heirs and Assigns 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 the 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 another, in such place or case where the custom or Law will serve so to do, although he make no mention of Heirs, but saith, that he bequeathes to such a person such Lands, to have and to hold to him and to his Assigns for evermore, here an Estate of Inheritance doth pass; for in Testaments the will and intent of the Testator is to be pondered, and not the formal and prescript words of the Law.  
Also these terms in the Law, frankmarriage, and frank almoigne, that is to say, free marriage and free alms, do include in the 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 shall be declared hereafter more plenteously. So likewise it is of Lands given to an House Ecclesiastical in pure and frank alms. Moreover if Land be given to a man and to his blood, or unto him and to his seed, he hath in both cases an estate of Inheritance; for in the last he hath a fee-tail, and in the other a fee-simple; for these words seed and blood, and such like, do imply words of Inheritance.  
Also if Lands be given to a man, and and to his Heirs males or females, he hath by this gift a fee-simple, because it is not expressed of what body the Issue shall come.  
But now it is to be seen, 
The half-blood.  who be said to be 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 contrariwise by the Mother's side and not by the Fathers, shall never be mine Heir, 
A Bastard shall be no Heir.  nor none that come of them: neither my bastard can be mine Heir, nor mine own natural Father nor Mother, nor Grandfather nor Grandmother, can be mine Heir; for it is a principle and ground of the Law, 
A ground of the Law.  That Inheritance may lineally descend, but ascend it cannot; and therefore if I have Lands in fee-simple, and die without Issue of my blood, my Father cannot be my 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 and not as Heir to me, for that cannot be; but it may go from me to my Uncle or Aunt well enough, for that is not called a lineal ascension, but a collateral descent.  
Also ye shall understand, 
Lineal and Collateral descent.  That a lineal descent is, when the descent is conveyed in the same line of the whole blood, as Grandfather, Father and Son, and so down; and collateral descent is of another branch from above of the whole blood, as the Grandfather's Brother, or Father's Brother, and so descending.  
And ye shall also note, That by the Common Law of this Realm, the eldest Son shall have the whole Inheritance, and after him (if he have no Issue) the second Son, and so forth: and if I have no Sons but Daughters, then shall all the Daughters together inherit, which be called Coparteners. 
Copartners.  But if I have no Issue at all, neither Sons nor Daughters, then 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 purchasing, or if they descended unto me from my Father: and to be short, if there be none in life of my Father's side, the purchased Land shall go to my Mother's side: and if there can be found no Heir neither by my Father's side nor yet by my Mothers, then shall it Escheat, 
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 hereafter showed. But if Lands descend unto me by my Mother's side, then if I fail of Issue, the Lands shall descend only to my Heirs of my Mother's side, and never to mine Heirs of my Father's side: as on the contrary side, if I have Lands or any Tenements by descent from my Father or his blood, they shall never descend to my Heirs by my Mother's side.  
And thus you see a great difference in this behalf, 
Diversity.  between purchased Land, and Lands which descend from an Ancestor.  
If there be three Sons, and the middle Son purchase Lands, and die without Issue, the eldest shall have the Lands and not the youngest.  
And it is a principle in our Law, 
A ground of the Law.  That none can be mine Heir of Lands that I hold in the Fee-simple, unless he be mine Heir by the whole blood, that is to say both by Father and Mother; for if a man have Issue two or three Sons by sundry Wives, and the eldest purchaseth Lands in fee and dieth without Issue, his half brethren (I mean these that be not his Brethren both by the Father's side and Mother's side, shall not have his 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 another Son, and the Son by the first Wife purchaseth Lands in fee-simple, and dieth without Issue, the Sister-germaine, that is to say, both by the Father's side and Mothers, shall have the Lands by descent, as Heir to her Brother, and not the younger Brother, for as much as the younger Brother cannot in this case be Heir of his elder Brother, because he is no Brother-germane unto him: Otherwise it is of Lands or other hereditaments entailed, as shall be hereafter specified.  
Also if a man be seized of Lands in fee-simple, and hath Issue a Son and a Daughter by one Wife, and after the death of his first Wife a Son by another Wife, and dieth, and the eldest Son entereth into the Lands, and after he 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 unto his Brother. But in this case if the eldest Son hath not entered after the death of his Father, but had died before any entry made by him, then shall not the Sister-germaine enter, but the younger Brother is Heir to his Father, because the eldest Brother was never in actual possession, which is requisite to the person that claimeth to be Heir collaterally.  
But to the lineal Heirs it sufficeth that the Ancestor should have been Heir if he had lived; I mean as thus: a man seized of Lands, and hath Issue a Son and a Daughter by one Wife, and afterwards a Son by another, he dieth, and after his death the eldest Son entereth not but dieth without Issue, before he can make actual entry, here in this case his Sister shall not have the Lands as Heir to her Brother, because her Brother was not in actual possession, but the younger Brother shall have them as Heir to his Father: yet if the eldest Son in that case had left behind him Issue of his body, whether it had been Son or Daughter, this Issue, notwithstanding 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; the cause hereof is this, that the Son or Daughter is lineal Heir, whereas the Brother, Sister, Uncle, Aunt, etc. be Heirs collateral, and so ye shall observe a diversity. 
Diversity.   
I call an actual possession when a man entereth indeed into Lands which be 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, 
Haereditae quid sit.  in the eye and consideration of the Law, he is deemed to be possessed, for as much as he is Tenant for every man's Action that will sue for the said Lands, or else assuredly there should ensue an intolerable inconvenience, as we shall more copiously open in another place. Ye shall furthermore understand, that this word Inheritance is not only to be accommodate and applied to that which cometh by descent or succession from a man's ancestors or predecessors, but also to every purchase in fee-simple or fee-tail.  
And note, That a man can have no larger or greater estate than fee-simple.   

CHAP. XIV. Of Fee-tail.  
YE shall understand, that before a certain Statute called the Statute of West. second, 
West. 2. Chap. 1.  there was no estate tail, but all was fee-simple, either purely that is to say without condition, or at the least way conditionally, 
Division.  as appeareth by the presence of the said statute, but now since the promulgation of the statute, divers forms of Estates Tail have risen.  
Fee-tail is, when it is prescribed and limited in the gift, what sort of 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 a fee-simple; but if I make a limitation, and add of his body begotten, now it is a 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, forasmuch as I appoint, limit, prescribe and express, what Heirs they shall be, and for lack of such Heirs, the gift shall be expired and worn out, and the Land shall be reverted again to the giver or his Heirs.  
But ye must observe and Note, That there be two kinds of fee-tail, there is a general tail and there is a special tail.  
Fee-tail general is, where Lands be given to a man and to his Heirs of his body begotten, without any mentioning and expressing by what woman they are begotten.  
And therefore if a man be Tenant in the general tail of Lands, 
General tail.  and taketh a wife and hath Issue by her and she dieth, and afterwards he taketh another wife, of whom he hath also other Issue by her, either of these Issues is inheritable to this Land entailed. But if I express in the gift, by what woman the Heirs shall be procreated and engendered, than it is an especial tail: as for example, to make the thing plain; 
Especial tail.  If Lands be given to a man, and to his Heirs of his body lawfully begotten by Margaret his wife, this is an especial tail, for the Issue of him begotten by another woman shall never inherit by force and virtue of the tail: Likewise it is if Lands be given to a woman, and to the Heirs of her body lawfully begotten (and show not by what man) this is a general tail; but if I go forward and say by such a man her husband, than it is an especial tail.  
Also if I give Lands to a man and to his wife, and to the Heirs of their two bodies lawfully begotten, this is an especial tail as well in the husband as in the wife.  
Semblable it is if a man giveth Lands to another man with his Daughter or Kinswoman in frank marriage, 
Frankmarriage.  this word (frank marriage) implieth an estate tail special, and in this case as well the man as the woman hath an an estate in the special tail.  
But if I give Lands to a man and to such a woman, and to his Heirs that he hath begot of her, here the woman hath an estate but for term of her life, and the Husband an estate in the especial tail; and likewise it is in the woman's behalf, as if I give Land to a man and to his wife, and to her Heirs of her body by 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 to 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 the one as to the other.  
Ye shall also understand, That if Lands be given to a man, 
Descent by Heir males.  and to the Heirs males of his body, this is an estate tail, and in this case the Heir female shall never inherit.  
Also if a man hath Issue and dieth, and Lands be given to him and to his Heirs of his body begotten, this is a good estate tail, although the father were dead at the time of the gift. 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-germaine, that is to say, the Sister both by Father's side and Mothers to inherit; and in this case the Brother by the half-blood shall not inherit, as heretofore 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 first wife a Son and a Daughter, and also a Son afterwards by another wife and dieth, and the eldest Son entereth into the Lands and after dieth, the Sister-germaine to the eldest Son shall not have the Land, but the younger Brother of the half-blood, because whosoever shall inherit Land or any other hereditaments in tail, must claim them as next and immediate Heir, not to him that dieth last seized of the Lands, but to him to whom the Lands were first given unto, whom in the case before remembered, is the Son and Heir, and not the Daughter.  
Thus ye shall mark a great diversity between the form of succession in the Lands of fee-simple, 
Diversity.  and the form in fee-tail.   

CHAP. XV. Tenant after possibility of Issue extinct.  
WHen Lands, Tenements or other Hereditaments 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, 
Dispunishable of waste.  he or she that overliveth is still Tenant in tail, but without possibility of any Issue that can be Heir to these Lands or hereditaments thus entailed, and for this cause he or she thus overliving, is called Tenant in  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 or quenched, and by his or her death, the estate tail shall expire, cease and be abolished for ever, and shall revert and turn again to the giver or donor from whence it came.  
Yet forasmuch as the Tenant after possibility of Issue had once an Inheritance in him, he shall not be punished by an Action of Waste, though he make never so much waste in the Lands and Tenements, whereas yet in effect he is but a Tenant for term of life. But if this Tenant doth alien in fee such Lands, he in the reversion may enter for the forfeiture.  
And this for Estates at this present time shall suffice: 
Forfeiture.  but to the intent that ye may the more easily comprehend all the members of the division of Possessions and Estates, which men have in Lands, Tenements and other Hereditaments, it shall not be evil done, to set forth as it were in a Table before your eyes the division thereof, which is this:  

A Figure of the Division of Possessions.  Possession de 


Franktenement, 

Selon comonley 

Estate Dinheritance, 

Fee simple,  
fee-tail 

general,  
special.      
Franktenement. 

Apres possibility dissue extinct,  
Courtesy Dangl '  
Dower,  
Term de vie,  
Term daut vie.      
Selon custom, que poet este divide en mesme le manner come franktenement all common ley.    
Chattel, 

Real 

Term daus,  
Gardiner de terre,  
Tener a volunt.    
Personal 

Biens moveables.          

CHAP. XVI. Of Parceners or other Coheirs.  
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 pre-eminence 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 declaration and process in this behalf, and to show how and in what manner this partition shall be made.  
But ye shall understand, 
Division of Parceners at the Common Law and Parceners by Custom.  That there be besides Parceners at the Common Law which be only Sisters, also Parceners by Custom which is amongst Brothers, contrary to the course of the Common Law, and this custom is in some places of Rent, and in other places where Lands and Tenements, be of the tenure of Gavelkind.  
Ye shall therefore kow, That when a man is seized of Land in fee-simple or fee tail, and hath no issue but Daughters, and die, and the Daughters do enter into the Lands thus descended unto them, now they be called Parceners or Coheirs, 
Writ de partione facienda.  and by a Writ called the partitione 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 themselves do make partition between them of the whole heritage, and do agree unto the same, and do enter every one into her part so allotted unto her.  
Another way is, 
Partition in divers manners.  when by all their agreements and consent, one common friend doth 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, and she maketh it, than the eldest shall not choose first, but shall suffer all her Sisters to choose before her, as it is thought.  
There is also another form of partition, which is, equally to divide the Lands into so many parts as there are Coheirs or Parceners, and to write every part so divided in a several scroll of paper, and so put the said scrolls in a bonnet, or to enclose them severally in balls of wax, and then the eldest Sister to choose which ball she will, or to put her hand into the bonnet and take a scroll, and to hold her to her chance and allotment, and so consequently every Sister after other.  
And ye shall note, 
Nota.  That Partition by agreement may as well be made by nude and bare words without writing as by writing.  
And if any of the Parceners will not suffer any partition to be made, then may the other that would have partition, 
A writ de partritone facienda.  purchase a Writ called De partitione facienda, against them that refuse partition, to compel the same to suffer partition to be made accordingly, and then by the judgement of the Court, the Sheriff by the serement and Oath 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 of choice to the eldest.  
And if two Manors or Meases happen to descend to two Sisters, and the Manors be not of equal value, then may she to whom the less Manor or Mess is allotted, have assigned unto her a Rent proportionably out of the other Manor; for the which Rent, she and her Heirs may distrain of common right, though they have no writing thereof.  
Finally ye shall understand, 
Distress of Common Right.  That if a man be seized of Lands in fee-simple, and hath Issue two Daughters, and giveth with one of his Daughters to another man that shall marry her, the third or fourth part of his Land in frankmarriage, and dieth; if in this case the Daughter that is in this wise bestowed and advanced, will have her portion of her father's heritage, she must put her Land given unto her in frankmarriage in hochpot new again, 
Hochpot.  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-simple, so that an equal division may be made of the whole, or or else she shall have no part of those Lands of which her Father died seized; but if her Father had made unto her a common gift in tail or feoffment in fee, she should not need to put her Lands in hochpot, but may very well keep and retain them still, and also have as good part of the rest of the Lands of which her Father died seized, as her other sister or Sisters have, 
Frankmarriage.  for a gift in frankmarriage is accounted the most free and most liberal gift that can be, and that gift which the Law judgeth to be only for the advancement and bestowing of the Daughter; whereas feofments in fee-simple, and also common gifts in tail, be accustomarily for other causes, and for the advantage rather of the giver or feoffer then of the taker.  
And if Parceners make partition of Lands being within age, that partition is void.  
And if Parceners in fee-simple make partition, and the part of the one is better than the other, being of full age of 21. years, than the partition is good and cannot be defeated; but if it be of Lands in fee-tail, the one part being better than the other, that partition may be defeated by their Heirs.   

CHAP. XVII. Of joint-tenants.  
HItherunto briefly have we spoken of Coheirs, called Parceners of the the Common Law, which as is heretofore declared, do come to Lands and other hereditaments jointly by the course, operation and act of the Law. Now shall we speak somewhat of them that either jointly or severally come to Lands, Tenements or other Hereditaments, by their own purchase, act, procurement and working; and of these they that come to them by joint title way or colour, be called joint-tenants, but they that come by several titles, ways or colours, to Lands or Tenements, be named Tenants in common.  
So than if a man being seized of Lands or Tenements, 
Tenants in common.  or other Hereditaments, shall thereof enfeoff two, three, four or more, to have and to hold to them in fee-simple, fee-tail, or for term of their lives, or for term of another's life, these persons so enfeoffed and seized, be called joint-tenants also; also if two or more do expel and disseise another man of any Lands or Tenements, to their own behoof and use, these disseizors and wrong doers, are now become joint-tenants, because by their own act they come jointly to this Land; but if they do disseise another man to the use only of one of them, in this case they be not Joyntenants, but he to whose use the disseizin is made, is Tenant alone of the same, and the others have nothing in the tenancy, but be called aydours or coadjutors to the disseizin.  
And ye shall understand, 
Disseisin. Survivor taketh place.  That a Disseizin is properly where a man entereth into any Lands or Tenements there where his entry is not lawful, and putteth out him which hath the freehold of the same.  
And ye shall further know, That the nature of joint-tenancy is, that he which surviveth and overliveth the other, shall have to himself alone the whole and entire tenancy, according to that estate which he should have had if the jointure had been continued: as for example, three joint-tenants be of Lands in fee-simple, and the one half hath Issue and die, in this case the two which do over-live their fellow, shall have the whole Lands between them, and the Issue of him that is departed getteth nothing; and if the second Joyntenant hath Issue also and die, the third which hath overlived them both, shall now have and enjoy the whole to him and to his Heirs for evermore.  
But otherwise it is of Coheirs, 
Diversity.  which in our Law are called Parceners; for if there be three such Coheirs and Parceners, and before any partition made, the one have Issue a Son or a Daughter and dieth, her portion shall descend and fall to his child, and shall not run amongst the other joint-heirs or Coparceners; howbeit if such Parcener or Coheir had died without Issue, than should his portion have descended to his Coheirs; but how? not by force of survivor or overliving, which in Latin is ealed jus acrescendi, but by very descent; for where any of the Coheirs die without Issue, who can be Heir to him or her so dying, but the other Coheirs to him or her so dying, or the rest of the Coheirs if there be many?  
And like as this right of survivor or overliving holdeth place amongst joint-tenants of Lands and Tenements, so in like manner it holdeth place amongst them which have joint estate or possession with others, of Chattels whether they be real or personal; as (for example) if a Lease of Lands or Tenements be made to many for term of certain years, the overliver or overlivers shall have the whole during the term by force of the same Lease; 
joint-tenants of real and personal goods.  so of Chattels personal; if an Horse, Ox, grain or other such personal Chattel be given to many, he which overliveth shall have the same alone; in semblable wise it is of Debts and duties; for if an Obligation be made to many for one debt, and of some other Covenants and Contracts the Law is likewise so.  
Also some joint-tenants may be which may have joint estate and be joint-tenants for term of their lives, 
joint-tenants of several Inheritances.  and yet have several Inheritances; as where Lands be given to two men, and to the Heirs of their two bodies engendered, in this case these two persons have joint estate for term of their two lives, and yet they have several Inheritance; for if the one have Issue and die, the other that surviveth shall have all by force of the survivor for term of his life, and if he that surviveth hath also Issue and die, than the Issue of the one shall have the half of the Lands, and the Issue of the other shall have the other half, and they shall hold the Land between them in common, and shall not be joint-tenants but Tenants in common; 
Tenants in common.  and the cause and reason why such Donees in such cases have a joint estate for term of their lives is, for that at the beginning the Lands were given to them two; which words without more saying, make a joint estate to them for term of their lives; for if a man will let Land to another by Deed or without Deed, not making mention what estate he hath, and of this maketh livery of seisin, in this case the Lessee shall have an estate for term of his life; and if he have no livery of seisin, he is Tenant at will, and so forasmuch as the Lands were given unto them, they have a joint estate for term of their lives; but the cause why they have several Inheritance is this, for that they cannot by possibility have an Heir between them engendered as a man and a woman may have; wherefore the Law will that their estate and their Inheritance shall be such, as reason will after the form and effect of the words of the gift, and that is to the Heirs that the one engendered of his body by and of his Wives, and to the Heirs that the other engendereth of his body by any of his Wives; so it behoveth by necessity of reason, that they have several Inheritances; and in such case, if the Issue of one of them after the death of them both doth die, so that he hath no Issue alive of his body engendered, than the Donor which gave the Land, or his Heirs may enter in the half as in his reversion, though the other hath Issue alive; and the cause is, that forasmuch as the Inheritances be several, therefore the reversion in the Law is severed, and the survivor of the Issue of the other shall hold no place to have the whole; and as it is said of Males in the same manner, it is where Lands, be given to two Females, and to the Heirs of their two bodies begotten.  
Also if Lands be given to two, 
Survivor holdeth no place.  and to the Heirs of one of them; this is a good contenancy, and the one hath a freehold, and the other hath a fee-simple, and if he which hath fee-simple die, he that hath the freehold shall have the whole by the Survivor for term of his life.  
And if these two joint-tenants, join in a gift in the tail to a stranger, reserving a Rent to him that hath an estate but for his life; this reservation is void to make a Tenure: likewise it is where Tenements be given to two, and the Heirs of the body of one of them engendered, the one hath a freehold, and the other fee-tail.  
Note, 
Rent-charge granted by a joint-tenant.  If two joint-tenants be seized of an estate of fee-simple, and the one granteth a Rent-charge by his deed to another, out of that which to him belongeth, in this case during the life of the granter, the Rent-charge is good and effectual; but after his decease, the Rent-charge is void, as to charge the Lands, for he that hath the Land by the Survivor, shall hold all the Land discharged; the cause is, for that he that surveieth claimeth to have the Land by the Surviour and not by descent of his fellow, 
Diversity.  but otherwise it is of Parcener or Coheirs, for if there be two Parceners in fee-simple, and before any partition be made, the one chargeth that that to him belongeth by his deed of a Rent-charge and dieth without Issue, here that which to him belongeth descendeth to the other Parcener; and in this case the other Parcener shall hold the Land charged, because he cometh to the half by descent as heir. Also if there be two joint-tenants in fee-simple within one Borough, where the Lands and Tenements within the same Borough be devisable by Testament, If the one of the said joint-tenants devise that which to him belongeth by Testament and die, 
Divise by Testament.  this devise and legation is void And the cause is, for that no devise may take effect till after the death of the Testator which bequeathed and devised the same, and by his death all the Land incontinent cometh by the Law to his fellow that Surviveth by the Survivor, which neither claimeth nor hath any thing in the Land by the devise, but in his own right by the Survivor after the course of the Law, and for this cause such a devise is void.  
But otherwise it is of Parceners, 
A ground of the Law.  seized of Tenements devisable in such case of devise for the cause above remembered; and it is commonly said that every joint-tenant is seized of the Land that he holdeth jointly, per my et per tont; that is, throughout, and by all, and this is as much to say, that he is seized by every parcel, and by all, which saying is true, for in every parcel and part, and throughout all the Lands and Tenements, he is jointly seized with his fellow, and therefore if the one Joyntenant make a Feoffment to his companion that is void, because he can make no Livery of seizing to him. 
Diversity.  Also if two joint-tenants be seized of certain Lands in fee-simple, and the one letteth that that to him belongeth to a stranger for the term of Forty years, and dyeth within the term, in this case, after his death the Lessee may enter and ocupy the half to him let, during the said Term, though the Lessee never had possession of it in the life of the Lessour by force of the Lease, 
Diversity between a grant of a Rent and Lease.  and the difference between the case of the grant of a Rent-charge and this case is this, that in the grant of Rent-charge by a joint-tenant, the Lands or Tenements abide always as they were afore, without that that any hath right to have parcel of the Tenements but themselves, and the Tenements abide in such pity as they were before the Charge; but where a Lease is made by a Joyntenant to another for term of years incontinent by force of the Lease, the Lessee hath right in the same Land; that is to say, of all that that to his Lessour belongeth by force of the same Lease during his term, and if the Lessor in this case die, the other joint-tenant shall have the Rent or Term during the said Term, because the reversion is come to him by Survivor. Finally, if a joint estate be made of Land to the Husband and Wife, and to the third person in this case, the Husband and the Wife have not in the Law in their right but the half, and the third person shall have as much as the Husband, and the Wife have, that is to say, the other half; and the cause is, for that the Husband and Wife be but as one person in the eye of the Law, and it is here in like case, as if an estate be made to two joint-tenants, where the one hath by force of the Jointure, the one half, and the other the other half: in semblable wise, it is where an estate is made to the Husband and Wife, and to other two men, in this case the Husband and the Wife have not but the third part, and the other two men the other two parts.  
Also if two or three together disseiseth another of Lands and Tenements to their own uses, than such disseisors be called joint-tenants.  
More shall be said of this matter, touching joint-tenants in the next Chapter.   

CHAP. XVIII. Tenants in Common.  
Tenant's is Common, (as I said before) be they that have Lands or Tenements in fee-simple, fee-tail, or for term of life, which have such Lands and Tenements by several Titles, and not by one joint Title, and none of them knoweth that which is several to him, and in this case they ought by the Law, before partition made between them, to occupy such Lands and Tenements in common and undevided, and to take the profits in Common; and because they come to such Lands and Tenements by several Titles, and not by one self joint Title, and their ocupation and possession in the same is among them in Common, they be called Tenants in Common, or Tenants pro indiviso; as for example, If a man Enfeoff two joint-tenants in fee-simple, and the one of them alieneth that that to him belongeth to another in fee, now the other joint-tenant and he to whom the Alienation was made, be Tenants in Common, for that they be seized of such Tenements by several Titles, for the one cometh to the one half by the Feoffment of the joint-tenant, and the other hath the other half, by force of the first Feoffment made to him, and to his first fellow, and so they be in by several Titles, and by several Feofments.  
And it is to wit, 
Definition of fee only.  that when it is said in any Book that a man is seized in fee, without more saying or addition, it shall be understood fee-simple, for it shall not be understood by such a word in fee, that a man is seized in fee-tail, except there be put in it such addition in tail.  
Also if three joint-tenants be, 
joint-tenants.  and the one of them alieneth that which unto him belongeth to another in fee, in this case the alience is Tenant in Common, with the other two joint-tenants. But yet the other two joint-tenants be seized of the two parts Jointly, and of these two parts the Survivor between them holdeth place.  
Also if there be two joint-tenants in fee, and the one giveth that that unto him belongeth to another in the tail, the Donee and the other joint-tenant be Tenants in Common, but if the Lands be given to two men, and to the Heirs of their two bodies engendered, the Donees have a joint estate for term of their lives, and if each of them have Issue and die, their Issues shall hold in Common.  
Also if Lands be given to two men, to have and to hold the one half to the one and to his Heirs, and the other half to the other and to his Heirs they be Tenants in Common.  
Also if a man seized of certain Lands, enfeoffeth another in the half of the same Land, without any speech of assignment or limitation of the same, half in severalty at the time of the Feoffment, than the Feoffee and the Feoffour shall hold their parts of the Land in Common.  
And as it is of Tenants in Common, of Lands or Tenements in fee-simple, fee-tail; even so it is of Tenant for term of life. Therefore if two joint-tenants be in fee, 
joint-tenants.  and the one letteth to a man that that unto him belongeth, for term of life, and the other joint-tenant letteth that which to him belongeth to another for term of life also; these two Lessees be Tenants in common for term of their lives. Also if a man let Lands to two men for term of life, and he to whom the one granteth all his estate to another, then that other Tenant for term of life, and he to whom the grant is made, shall be Tenants in common during the time that both the Lessees be alive.  
Note, If there be two joint-tenants in fee, and that one letteth that that unto him belongeth to another for term of life, the Tenant for term of life, during his life, and the other Tenant that did not let be Tenants in common. And upon this Case a Question may arise, as thus; Let the Case be that the Lessour hath Issue and dieth, living the other joint-tenant his fellow, and living the Tenant for term of life, the Question is, 
Question.  Whether the Reversion of the half that the Lessour hath shall descend to the Issue of the Lessour, or whether the other joint-tenant shall have it by the survivor or no? And some have said that the other joint-tenant shall have the Reversion by the survivor, forasmuch as when the joint-tenants were jointly seized in fee-simple, though one of them made an estate of that that unto him belongeth for term of life, and though he hath severed the franktenement of that that to him belongeth by the Lease, yet he hath not severed the fee-simple. But the fee-simple abideth to them jointly as it was before, and so it seemeth unto them that the other joint-tenant which surviveth, shall have the Reversion by the survivor: But other have thought the contrary, and this is their reason; when one of the joint-tenants letteth that which unto him belongeth to another for term of life, by such Lease the Franktenement is severed from the Jointure, so that the reversion that is dependant upon the same Franktenement is severed from the Jointure: furthermore if the Lessour had reserved to him a yearly Rent upon the Lease, the Lessour only should have the Rent, which is a proof that the reversion is only in him, and that the other hath nothing therein.  
Also if the Tenant for life were impleaded and make default after default, 
Recie.  the Lessour shall be only hereupon received to defend his right, and not his fellow; which proveth the reversion of the half to be only in the Lessour; and so consequently if the Lessour die, living the Lessee for term of life, the reversion shall descend to the Heirs of the Lessour, and shall not come to the other joint-tenant by the survivor after these men's opinions, yet it is doubtful. But in this case, 
Quere.  if the Joyntenant that hath the franktenement have Issue and die, living the Lessour and the Lessee, than it seemeth that the Issue shall have the half in his demesne as of fee by descent, forasmuch as the franktenement may not by nature of the Jointure be annexed to a reversion; and it is certain, that he that made the Lease, was seized of the half in his demesne as of fee, and that none shall have any Jointure in his franktenement, so that this shall descend to his Issue.  
If three joint-tenants be, and the one releaseth by his Deed to one of his fellows, all the right he hath in the Land, 
Release.  then hath he to whom the Release is made the third part of the Lands by force of the Release, and he and his fellow shall hold the other two parts jointly; and as to the third part that he hath by force of the Release, he holdeth it with himself and his fellow in common.  
And it is to wit that sometime a Deed of Release shall take effect to put the estate of him that made the Release in him to whom the Release is made, as in the case aforesaid.  
Also if a joint estate be made to the Husband and Wife, and to a third person, and the third person releaseth his right that he hath to the Husband, then hath the Husband the half which the third person had, and the Wife of this hath nothing: semblably if the third person had released to the Wife, not naming the Husband in the Release, then should the Wife have the half that the third person had, and the Husband nothing of this but in the right of his Wife, because such Release shall enure to put the estate in him to whom it was made, of all that that belongeth to him that made the Release. Again, In some case a Release shall enure and serve to put all the right that a man hath that made that Release in him to whom it is made: As a man being seized of certain Lands, is disseized by two disseizors, if the person disseized by his Deed release all his right to one of the disseizors, than he to whom the Release is made, shall have and hold all to him alone, and put out his fellow out of the occupation of it. And the cause is, 
Disseisors.  for that the two disseizors were seized by wrong by them done against the Law, and when one of them getteth the Release of him that hath right to enter, this right resteth in him to whom the Release is made, and in such plight, as if he that had the right had entered and enfeoffed him of the same; and the cause is, for that he that before had an estate by wrong, hath now by the Release a rightful estate.  
And in some case a Release shall enure and take effect by way of extinguishment, 
Release by way of extinguishment.  and such a Release shall help the joint-tenant to whom the Release was not made, as well to him to whom it is made, as if a man be disseized, and the disseisour maketh a feoffment to two men in fee, if the person disseized release to one of the feoffees in fee by his Deed, than such Release shall inure to both the feoffees, because the feoffees have their estate by the Law, that is to say by the feoffment, and not by wrong done to any other.  
And in like manner if the disseizour make a Lease to a man for term of life, 
A Release shall inure to him in the remainder.  the remainder over to another in fee, if the disseises will release to the Tenant for term of life, all his right, this Release serveth as well to him in the remainder, as the Tenant for term of life: And the cause is, for that the Tenant for term of life, cometh to his estate by the course of the Law, and for this cause the Lease shall inure and take effect by way of extinguishment of the right of him that hath released; and by this Release the Tenant for term of life hath no greater estate than he had before the Release made unto him.  
And yet the right of him that released is all utterly extinct and gone, wherefore for as much as such a Release cannot enlarge the estate of the Tenant for term of life, it is reason that it shall serve him in the remainder.  
Also if there be two Parceners, and the one alieneth his part to another, the other Parcener and the alience be Tenants in Common.  
Furthermore, 
Tenants in Common, by Title of prescription.  Tenants in Common may be by Title of Prescription, if that one and his Ancestors, or they whose estate he hath in the half have holden in Common, the same half with the other Tenant that hath the other half, and with his Ancestors or them whose estate he hath, as undenied time out of mind, and ye shall mark, that in some case Tenants in Common aught to have of their possession, several actions and in some case they shall join in one action, 
Actions several.  for if there be two Tenants in Common and they be disseised, they ought to have against the Disseisor two Assizes and not one Assize, for every one of them ought to have an Assize of his half, 
Assize.  because they were seized by several Titles, but otherwise it is of joint-tenants, for if there be twenty joint-tenants and they be disseised they shall have in all their names but one Assize, 
Assize.  because they have but one Joynt-Title.  
Also if there be three joint-tenants of whom the one Releaseth to one of his fellows all the right he hath, and afterward the other two be disseised of the whole, in this case, they shall have in both their names one of the two parts: And as to the third part, he to whom the Release was made, aught to have hereof an Assize in his own name, because as to the third part he is Tenant in Common.  
Also as to sue Actions that touch the Realty, 
Diversity.  there is a Diversity between Parceners that are in by divers descents and Tenants in Common. For if a man seized of certain Lands in fee hath Issue two Daughters and die, and they enter into the Lands as Coheirs, and each of them have Issue a Son and die without partition made between them, so that the one half descendeth to the Son of the one Parcener, and the other half to the Son of the other, and they Enter and Occupy in Common and be disseised in this case, they shall have in their two names one Assize and not two Assizes, and yet the cause is, though they come in by divers Descents yet they be Coheirs and Parceners. Also if two Tenants in Common of certain Lands in fee, give the same to another man in the tail or let it to another for term of life, yielding an annunity or certain Rent, or a pound of Pepper, or an Hawk, or an Horse, and they be seized of these services, and afterward all the Rent is behind, and they Distrain for it, and the Tenant maketh Rescous in this case, 
Rescous.  as to the Rent and the pound of Pepper, they shall have two Assizes, and as to the Hawk and the Horse but one Assize, and the cause why they have two Assizes, as to the Rent and pound of Pepper is, for that they were Tenants in Common by several Titles, and when they made a gift in the tail for Lease of term of life, saving and reserving to them the Reversion, and yielding to them certain Rent; This Reservation is incident to their Reversion, and because their Reversion is in Common and by several Titles, even as their possession was before the Rent, and other things which may be severed, and which were to them reserved upon the gift or upon the Lease which be incident by the Law to the Reversion. 
Plaint in Assize.  Therefore such things so severed be of the nature of the Reversion, wherefore it behoveth that the Rent and the pound of Pepper which may be severed to be then in Common by several Titles, and of this they shall have two Assizes, and every of them in his Assize shall make his Plaint of the half of the Rent, and of the half of the pound of Pepper, but of the Hawk and the Horse which cannot be severed, they shall have but one Assize, for it were an absurdity and thing inconvenient to make a plaint in Assize, of the half of an Hawk, or of the half of an Horse: In like manner it is of the other Rents and services that Tenants in Common have in ground, by divers Titles.  
And ye shall understand, 
Personal Action.  that concerning Action's personals, Tenants in Common aught to have them Jointly in all their names: that is to say, Of trespass, or of offences that touch their Tenements in Common; as of breaking of their Houses, breaking of their Closes, and Pastures, wasting and defouling of their Grass, cutting of their Weeds, and of Fishing in their Ponds, and such other, they shall recover jointly damages, because the action is in the personalty and not in the realty. 
Damages.   
Also if Tenants in Common make a Lease of their Tenements to another, for term of years, 
Tenants in Common shall have one Action of Debt.  yiedling unto them yearly a certain Rent, if the Rent be behind, they shall have one action of debt against the Lessee, and not divers actions, because the action is in the Personalty, but in an Avowry, for the said Rent they ought to be severed, because it is in the realty, as be the Assizes.   

CHAP. XIX. Of Chattels.  
IT is to be known, that as there be Tenants in Common of Lands or Tenements, so there be Tenants in Common of possessions, and property of Chattels as well Real as Personal: Of Real, as if a Lease be made of certain Lands to two Men for term of Twenty years, and when they be thereof Possessed, the one granteth that that unto him belongeth during the term to another, he to whom the grant is made, and the other shall hold and Occupy in Common.  
Also if two joint-tenants have the Ward of the Body, 
joint-tenants of a Wa d.  and of the Lands of an Heir within age, and the one of them granteth to another that that unto him belongeth of the same Ward, than he to whom the grant is made, and the other that granteth not shall have and hold it in Common.  
Of Chattels Personals: as if two have a joint estate, either by gift or by buying of an Horse or of an Ox or such like, and the one of them granteth that that to him belongeth; here shall the grantee and he that granteth not, have and possess such Chattels personal in common: And in such case where divers persons have Chattels reals or personals in common and by divers Titles, if one of them die, the other that surviveth shall not have his fellows part by the survivor, but the Executors of him that dieth shall hold and occupy it with him that surviveth, in like form as their Testator did or ought in his life, forasmuch as their rights and Titles were several, also in the Case aforesaid, if two have an estate in common for term of years, and the one doth occupy all and put the other out of his possession and occupation, then shall he that is put out, have against the other a Writ de Ejectione firmae for the half: 
A Writ de ejectione firmae.  in semblable manner, where two hold the Ward of Lands or Tenements during the nonage of a Child, if one shall put out the other of his possession, he that is out shall have a Writ Ejectione custodiae, 
De ejectione custodiae.  of the half, because these things be Chattels Reals, and may be opportionted and severed, but no Action of Trespass lieth for one against the other (as for example, quare olausum fregit & herbam suam conculcavit & consumpsit, nor such like Actions,) forasmuch as each of them may enter and occupy in common: but if two be possessed of Chattels personal in common, by divers Titles, as of an Horse, an Ox or a Cow, if the one take it all to himself out of the possession of the other, the other hath none other remedy but to take it again from him that hath done him the wrong, when he may see his time.  
In like manner of Chattels reals which may not be severed, as in the case aforesaid, where two be possessors of the wardship of the body of a Child within age, if one of them shall take the Child out of the possession of the other, the other hath no remedy by any Action at the Law, but to take the Child out of the others possession when he seethe his time.  
Finally ye shall understand, 
Form of Pleading.  That when a man in pleading and declaring his Cause, will show a Deed of Feoffment made unto him, or a gift in fee-tail, or a Lease for term of life, of any Lands or Tenements, he shall use his terms in this wise and say; By force of such Feoffment, Gift or Lease he was seized, etc.  
But where a man will declare or plead a Lease or Grant made unto him of a Chattel real or personal, than he shall say, By force of which he was possessed.   

CHAP. XX. Of partition to be made by joint-tenants and Tenants in Common, enacted by two Statutes made, the one in An. 31. H. 8. and the other in 32. H.  
ALl joint-tenants and Tenants in Common of any estate of Inheritance, in their own rights or in the right of their Wives, of any Lands or Hereditaments within this Realm of England, Wales, or the Marches of the same, shall and may be compelled to make partition between them of the same which they so hold as joint-tenants or Tenants in common, by a Writ de partitione facienda, 
Writ de partitione facienda.  to be devised in the Chancery, in like manner as Coparceners are compelled to do, and the same Writ to be pursued at the Common Law. 
Aide prayed.  And after such partition made, every of the said joint-tenants and Tenants in common, shall and may have aid of the other or of their Heirs, to the intent to dereigne the warranty paramount, and to recover for the rate as is used between Coparceners after partition made by the order of the Common Law.  
Item, In the thirty second year of King Henry the eight, Chap. 32. it is further enacted, That all joint-tenants and Tenants in common, which hold jointly or in common for term of life, year or years, or joint-tenants or Tenants in common, where one or some of them have an estate for term of life or years, with other that have an estate of Inheritance or freehold in any Lands or other Hereditaments, shall be compellable by Writ of Partition to be pursued out of the Chancery upon their Cases, to make severance and partition of all such Lands and Hereditaments as they hold jointly or in common, for term of life or lives, year or years, or where one or some of them hold jointly or in common for term of life or years, with other that have an estate of Inheritance of freehold; Provided that no such partition nor severance be hurtful to any person, other than such as be parties unto the said partition, their Executors or Assigns.   

CHAP. XXI. Of Conditions.  
FOrasmuch as every Estate is either pure or conditional, it were not amiss to make some declaration of the nature and efficacy of Conditions.  
Wherefore ye shall understand, that of Conditions some be actual conditions, and be called express Conditions or Conditions indeed, and other some be Conditions in Law; which be called in Latin Conditiones tacitae sive Conditiones implicitae, because they be secretly implied by the Law and not expressed.  
Conditions indeed be such as be knit and annexed by express words to the Feoffment, 
Division.  Lease or Grant, either in writing or without; as for example, if I infeoff a man of certain Lands, reserving to me and to my 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 reenter, this is a feoffment upon condition of payment: And here the reenter of the feoffor for the not payment of the Rent shall dissolve and utterly defeat the feoffment; Semblamble 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 into the Lands, and to hold them till he be contented and satisfied of the Rent; this Condition not performed, doth not dissolve nor undo 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 arrearages of Rent. 
Distress.   
And ye shall well mark and observe, That Conditions be sometime made to be performed on the Feoffees behalf, and sometime on the Feoffors' behalf: on the feoffees behalf, as when I infeoff you of Lands or Tenements, upon Condition that you shall do such an act, as to pay unto me or mine Heirs such an annual Rent on the feoffors' 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 sum of money, than it shall be lawful for me to enter again and retain my Lands in my former estate; 
Tenants in Mortgage.  in this case he that is the feoffee is called Tenant in Mortgage, which is as much to say as dead-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 limited and prescribed, such a sum of money for the redemption of his Lands or not, for if he do not, his Title or interest in the Lands thus gauged and oppignorate, is utterly extinct and gone without all hope of renewing.  
Ye shall also note, That if the mortgager 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.  
Also if when the money is lawfully by the mortgager or his Heir tendered and proffered, and the Lessour refuseth to receive the same, the feoffor or his Heir may enter, 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, 
Conditions void.  virtue or strength: As if a feoffment be made of Lands in fee-simple, upon condition that the feoffee shall not alien or put away the same to none other; this condition I say is void, because the feoffee is restrained of his whole power that the Law giveth in such case unto him, and with power and liberty is manner included in every feoffment: yet I may abridge 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  otherwise it is, for if I give Lands to a man, and to the Heirs of his body lawfully begotten, 
Gift in  upon Condition.  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 shall stand with the forenamed Statute of Westminster the second, which prohibiteth such alienations to be made.  
Hitherunto have I spoken of Conditions in Deed; now will I show what be Conditions in Law that be annexed to any Estates.  
Know ye therefore, 
Estates upon conditions in Law.  that if the Office of a Parker, Steward, Constable, Bedle, or Baliff, 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 of 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 by himself or his Lawful Deputy, it shall be Lawful for the grantor to Enter, and discharge him of his Office, and this condition is called a condition in Law.  
There be also three other manner of Estates upon Condition, that is to say, Conditions against the Law, Conditions Depugnant, and Conditions Impossible. First, Estates upon Conditions against the Law, be as if a man make a Feoffment, gift, grant or Lease upon Condition, that if the Feoffors, Donours, Grantours, or Lessours kill J. S. which is not the King's enemy, or burn his house, that then it shall be Lawful to the Feoffors, Donours, etc. To re-enter this Condition is void, and the Estate good.  
And like Law is, 
Conditions against the Land;  if such Conditions be to be performed of the part of the Feoffee, Grantee, etc.  
But if it be that a Lease for term of years be made of Land, upon Condition, that if the Lessees kill J. S. that then he shall have fee simple, although that he in his case perform the Condition, his Estate is nothing thereby enlarged, because the Condition is against the Law.  
And ye shall understand, that where an Obligation is Indorsed, with a Condition which is against the Law, both the Obligation, 
Conditions Repugnant.  and also the Condition, be clearly void in the Law.  
Estates upon Conditions Repugnant, be as if a Feoffment or a gift in tail be made, upon Condition, that the Feoffee or Donee shall take no profit, or shall do no waist, and such other like, such Conditions be void, and the State good and effectual in the Law notwithstanding.  
Also if a Lease be made for term of life, upon Condition, that he shall not do Fealty, that is as a void Condition.  
Likewise it is, if a man that hath nothing in the Manor of Sale, granteth a Rent-charge, going out of the same, upon Condition, that the person shall not be charged, this grant is good, and the Condition is void.  
Estates upon Conditions impossible, be as if a Feoffment be made upon Condition, that if the Feoffee goeth not through the Sea on foot to Calais in one day, 
Conditions Imposble.  than it shall be Lawful to the Feoffor to re-enter, this is a frustrate and void Condition, and yet the estate is good.  
Like Law is of a Lease made for term of years, etc. or an Obligation with a Condition impossible, ut supra, the Obligation or Lease is good, and the Condition void to all purposes.   

CHAP. XXII. An Act how strangers shall take advantage of Conditions made An. 32. H. 8.  
IT is enacted, that as well persons which have or shall have any gift or grant of the King, by his Letters, Patents of any Lands, Personages, Titles or other Hereditaments, or any reversion of the same, which did belong to any Monastery or other Ecclesiastical House dissolved, or otherwise come into the King's hands since the fourth day of February, in the twenty eight Year of our Sovereign Lord King Henry the Eight, or which at any time heretofore did belong to any other Person, and after come into the King's hands; as also all other Persons being Graunters or Assigns to the King, or to any other Person, their Heirs, Executors, Successors and Assigns, shall have like advantage against the Farmours, and their Executor, Administrators, and Assigns, by Entry for Nonpayment of the Rent, or for doing waist or other forfeiture, and also shall have the same advantage by Action only, of not performing of other Conditions, Covenants, or Agreements, contained in the Indentures of their Leases or Grants, against the said Farmours, and Grantees, their Executors, Administrators, and Assigns, as the said Lessors or Granters themselves might have had at any time; and again Mutually, and on the other side the said Farmours and Grantees for term of years, life or lives, their Executors, Administratours, and Assigns shall have like advantage against them, for any Condition, Covenant, and Agreement, contained in the said Indenture, as they might have had against their said Lessors, and Granters, their Heirs, Successors, all benefits and advantage of recoveries in value, by reason of any warranty of deed, or in Law, by voucher or otherwise only except.  
Provided, that this Act shall not extend to charge any Person for Breach of any Covenant or Condition comprised in any such writing, but for such as shall be broken and not performed, after the first day of September, in the 32. Year of this King, and not before.   

CHAP. XXIII. Livery of Seisin and Atturnment.  
IN all Feoffments gifts in tail, Leases, for term of another's life, of Lands, or Tenements, there can be no Alteration, Transmutation of Possession, by the Ancient Laws of this Realm, unless there be a certain Ceremony Adhibited and Solemnised in the presence and sight of neighbours or others, which Ceremony is called Livery of Seisin.  
And ye shall understand, 
The manner Livery of Seisin.  that this Ceremony of Livery of Seisin is done, when the Feoffour, Donour, Lessour, or other Deputy come with the Neighbours Solemnly to the Lands or Tenements, and they put the Feoff, Donee, or Lessee in possession of the said Lands or Tenements, by delivering to him a Clod of Earth, or the ring of the Door, or some other thing in the name of Seisin, and for this self cause, this Ceremony of Law is called Livery of Seisin, that is to say, a Tradition or giving of Seisin.  
But this Ceremony is not required in Leases for term of years, 
Diversity between Possession and Seisin.  or in Leases at will: For as much as the Lessour in such Lease remaineth still seized, and the Lessee only hath possession without any Livery of Seisin, and therefore the terms of the Law be that such a man is possessed, whereas in Feoffments, gifts in tail, and Leases for life he is called seized.  
Wherefore if a Feoffment or Lease for life be made of Lands or Tenements, and before that the Livery of a Seisin be made, the Feoffour dieth, the Heir of the Feoffour shall have Lands, Per summum jus, that is to say, by the Rigour of the Law; Notwithstanding that the Feoffee have paid to the Feoffour the price of the Land, and although the Feoffee be in possession, but otherwise it is of a Lease for term of Years.  
A like Ceremony is used, 
Atturnment.  when Rent-charge, Rent-service, Rend in gross, a Villain in gross, common in gross, common for Beasts, certain Estovers, and such other things as pass by way of grant be granted, for it is no full and perfect grant till it be consignat and sealed as it were with the Ceremony of Atturnment; this Atturnment is nothing else, but when the Tenant of Land of which a Rent granted is granted, or out of which a Rent is granted, doth 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 granter was: as for an example, if the Tenant of the Land after he have heard 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 unto the Grant made unto you by such a man; 
How attu nment shall be made.  or I am well paid and contented of the Grant that such a man hath made unto you: but the most usual frequent form of Atturnment, is to say; Sr I atturn unto you by force of the said Grant; or I become your Tenant; or to deliver unto the grantee a Penny or a Halfpenny by way of atturnment.  
If a man maketh first one grant to one person, and after another to another person, that grant shall stand to which the Tenant will atturn, although it be to the later grant.  
And ye shall note, That if a man be seized of a Manor, which is parcel in demean and parcel in service, and doth alien the same Manor to another, unless the Tenant of the Manor do atturn the Service shall not pass, only Tenants at will excepted, for it needeth not to cause them to atturn.  
Note furthermore, 
Diversity.  there is a great difference between giving a Penny in name of Seisin, and giving by way of Atturnment; for when it is given by the Tenant to the Grantee in the name of Seisin, it doth not only imply an Atturnment, 
Assize.  but also it giveth him such a seizin, that if the Rent afterward were behind and not paid, he may now upon the seisin of the Penny, after a lawful distress taken, and after Rescous made, 
Writ of Rescous.  bring an Assize of Novel Disseizin; whereas if it were given only by way of Atturnment, he could not bring the Assize, but his Writ of Rescous only if Rescous were made.  
Also ye shall understand, That where Lands be deviseable by Testament by the custom of any ancient Borough or City, if the reversion of any Lands be by Testament bequeathed to a man in fee, and the Testator (which we call the devisor) dieth, the devisee (that is to wit he to whom the devise was made) hath forthwith the reversion in him without further ceremony of Atturnment: 
Atturnment.  likewise it is if a man by testament doth bequeath a Rent-charge that he is seized of, or of a Rent-service there needeth none atturnment at all.  
If two joint-tenants of Land and the Lord granteth the services to another, if one of the joint-tenants atturneth it is enough.  
Finally, If a Lease be made for term of life, the remainder to another in tail; the remainder over to the right Heir of the Tenant for term of life in this case, if the Tenant for term of life will grant his remainder in fee to another by his deed, this remainder passeth forthwith without any atturnment; For if any Atturnment were requisite, it should be made of the Tenant for term of life, 
Not Requisite.  which in this case is the granter himself. And in vain it is that the granter should be enforced to atturn, sigh an atturnment is adhibited and had to none other purpose, then to have the consent and agreement of the particular Tenant, to the intent that it may appear that he hath notice and knowledge of this grantee; but here where the particular Tenant himself is the granter, an atturnment were superfluous and more than needed.  
Note furthermore, That where there is Lord and Tenant, and the Tenant leaseth his Tenements to a woman for life, the remainder over in fee, the woman taketh a Husband, and after the Lord granteth the services, etc. to the Husband, in this case during the coverture, the services be put in suspense; 
Suspense.  but if the Wife die leaving the Husband, the Husband and his Heirs shall have the Rent of them in the remainder, etc. And in this case there needeth no atturnment by word, because the Husband that ought to atturn accepteth the Grant of the Services, the which acceptance is an atturnment in the Law.   

CHAP. XXIV. Of Service.  
HItherunto have I 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 hereof ye shall understand, that the principal and most common kind of service that the Tenant oweth to his Lord, is called Knights-service.   

CHAP. XXV. Knights-service.  
KNights-service includeth Homage, Fealty, and for the most part Escuage, and whosoever holdeth his Lands by Knights-service, is bound by the Laws of this Realm, to do unto his Lord homage and fealty, and to pay for the most part Escuage, when it shall be assessed by authority of Parliament, as hereafter more plainly shall be declared.  
Homage is the most humble and reverend service that a man of free estate and condition can do, for when the Tenant shall do homage to his Lord, the Lord shall sit, 
Homage.  and the Tenant then shall kneel down before him upon both knees, holding his hands between his Lords hands, and say in this wise; I become your man from this day forward, of life and of member and of earthly Honour, 
How the Tenant shall do Homage.  and to you shall be faithful and true, 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 then 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, 
What a religious Person say when she doth Homage.  and do homage to his Lord, he 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 own unto our sovereign Lord the King.  
Also when a woman not married doth homage to her Lord, 
What a woman shall say.  she shall not say, I become your woman; for it is not convenient that a woman should be the woman of any other then of her Husband that she shall marry, but shall say even as the Ecclesiastical person saith; I do unto you homage, etc. And if perchance a man holdeth sundry Lands and Tenements of sundry Lords, and every of them by Knights-service, then 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 none is bound to do homage to the Lord, unless it be such Tenant as hath in the Tenancy 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 Tenements in fee-simple or fee-tail, 
What Tenant shall do Homage.  which she holdeth of her Lord by Knight's service, and taketh an Husband and hath Issue, in this case the Husband in the life of his Wife shall do homage, because he hath Title to have the Lands by the Courtesy of England if he overliveth her, and also he holdeth them now in his Wives right; yet before Issue had between them; the Homage shall be made in both their Names; but if the woman dieth before any homage made 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 Fidelity, 
Fealty.  or faithfulness, in doing whereof the Tenants shall hold his hand upon a Book, and say thus; 
How a Tenant shall do Fealty.  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 to you the Customs and Services which I own to do to you at the terms assigned, as, Me help God; and then he shall kiss the Book, but he shall not kneel as he that doth homage, nor do such humble or reverend service as is before declared in Homage.  
And ye shall observe that Homage cannot be done but to the Lord himself; 
Diversity between Homage and Fealty.  whereas 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 I said) he cannot 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 into Scotland, for the subduing of the Scots, is bound to be with the King's Majesty, by the space of twenty days, well and conveniently arrayed and appointed for the War: And he that holdeth his Land but by the Moiety of the Fee of Knight's service, is bound by the force of his Tenure, to be with the King by space of twenty days; and so proportionably according to the rate and quantity of his Tenure.  
But now to our institute and purpose after this Voyage Royal into Scotland, in which the King goeth in Person, and after his return into England again, a Parliament is wont to be summoned, in which shall be prescribed and assessed 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 to the King, or other, after the rate and portion of his Tenure: If he holdeth by an whole Fee, he shall pay the whole Escuage; if by a Moiety, the half; if by a fourth part of a Fee, the fourth part, etc. And this Money thus assessed, is called Scutage, or Escuage; for which the Lord to whom it is due, may very well for the nonpayment thereof distrein: But here is to be noted, that some Tenants by Custom, used time out of mind, 
Distress of Escuage.  are bound to pay but the Moiety, or the third part of that which shall be assessed and limited by Act of Parliament.  
Yea, 
Escuage Certain.  and the Custom is in some place, that to what sum of Money soever Escuage is assessed, the Tenants shall pay never but such a certain sum of Money; and this kind of Escuage is called Escuage certain, that is to say, Where Escuage is assessed by the Parliament to a more or less sum, the Tenant to pay to the Lord five Shillings, and no more, nor no less, etc. Such a Tenure is called Socage Tenure, and not Knights Service, whereas the other is called Escuage uncertain.  
Finally, 
Escuage Uncertain.  ye shall understand that Escuage uncertain, is always adjudged to be Knights Service, and draweth unto it Ward, Marriage, and Relief; but Escuage certain, is not Knights Service, but is of the Tenure of Sucage; as shall be hereafter more amply showed.   

CHAP. XXVI. Of Warde, 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, 
Warde.  that when the Tenant which holdeth his Lands by Knights-service dieth, his Heir male, being at that time within the age of twenty one 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 twenty one years; For the Law here presumeth, that till he cometh to his age, he is not able to do such Service as is of his Tenure required.  
Furthermore, 
Marriage.  if such Heirs be unmarried at the time of the death of the Tenant, than the Lord shall have also the Ward, and the bestowing of the Marriage of him.  
But if a Tenant by Knights-service dieth, 
The full age of a woman.  his Heir Female, being of the age of thirteen years or above, than the Lord shall have the Ward, neither of the Land, nor 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 King's Majesty's Person, when he goeth into Scotland with his Army Royal.  
But if such an Heir Female be within age of fourteen years, and not married at the time of the death of her Ancester, than the Lord shall have the Wards of the Land holden of him, till such Heir Female cometh to the age of sixteen years, by force of an Act of Parliament, in the Statute of Westminster. 1 Cap. 12.  
Note that there is a great diversity in the Law between the ages of Females, 
Diversity of age.  and of Males; for the Female hath these many ages appointed by the Law: 
Age of a woman.  First, At seven years of age the Lord her Father may distrein his Tenants for aid to marry her. Secondly, At nine years of age she is dowable. Thirdly, At twelve years she is able to assent to Matrimony. Fourthly, At fourteen years she is able to have her Land, and shall be out of Warde, if she be of this age at the death of her Ancester. Fifthly, At sixteen years she shall be out of Warde, though at the death of her Ancester she was within the age of fourteen years. Sixthly, At twenty one years she is able to make alienations of her Lands or Tenements; whereas the man hath but two ages, the one at fourteen years to have his Lands holden in Socage, 
The age of a man.  and to assent to Matrimony, the other at twenty one to make Alienations.  
Ye shall understand, that by the Statute of Merton. 6 Chap. it is enacted, That if in case the Lord do marry their Ward to villains or others (whereby is disparagement) if such Heirs so married be within the age of fourteen years, or such age that the said Warde cannot consent to the marriage; then if the friends of this Heir complain, and feel themselves grieved with this unmeet marriage, the next of kin to the Heir unto whom the Heritage cannot descend, may enter into the Lands, and put out the Lord which is Guardian in Chivalry: And if the next Kinsman will not thus do, another Kins man of the Infant may do it; and shall take the Issues and Profits to the behoof and use of the Heir, and yield account thereof unto him, 
Account given.  when he cometh to his full age.  
And there be divers other disparagements which be not expressed in the said Statute; 
Divers Disparagements.  as, if the Heir (being within age of consent, and in Ward) be married to a decrepit Person or Cripple, as to one that hath but one foot, or one hand, or that is a deformed creature, or having any horrible disease, or continual infirmity. All these and such like be disparagements.  
But here also ye shall understand, that it shall be said no disparagement, unless the Heir be so married when he is within age of discretion, that is to say, within the age of fourteen years: For if he be of that age, or above, and assenteth to such marriage, it is no disparagement, 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 Lord, then being a Guardian, after to the Heir, being his Ward, a convenient marriage without disparagement, and the Heir refuseth it, 
Value of Marriage.  as he may at his choice and election very well do; then the Lord shall have the value of the marriage of such an Heir when he cometh to his full age: But yet if he marry himself, being so in Ward against the will of his Garden, than he shall pay the double value, 
Double value of Marriage.  by force of the said Statute of Merton, before remembered.  
And ye shall Note, that if Lands holden by Knights-service, 
One shall not be Ward, living his Father.  descend to an Infant or Child within age, 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 his Heir; for during the life of his Father, the Son shall be Ward to no man.  
Finally, it is to be known, that he which is Guardian in Chivalry in right, may before he hath seized the Ward, grant the same either by Deed or without Deed to another man; and then he to whom such a grant is made, is called Garden in Fait.  
Now as touching Relief, ye shall know; that if a man holdeth his Land by Knights-service, and dyeth, his Heir being of full age (the full age of the Male is twenty one years, of the Female fourteen) then the Lord of whom the Land his holden, shall have of the Heir Relief.  
Note ye, that all Earls, Barons, or other the King's Tenants (holding of him in chief by Knights-service) which die, their Heir being of full age at the time of their deaths, that is to say, twenty one years of age, they ought to pay the old Relief for their Inheritance; that is, the Heir or Heirs of an Earl, for an whole Earldom 100l; the Heir or Heirs of a Baron, for an whole Barony an 100 Marks; the Heir or Heirs of a Knight One 100 Shillings, and he that hath less, shall give less according to the old Custom of Fees. Like Law is observed of all others that hold of any other Lords: immediately,  supra.  
Also a man may hold Lands of a Lord by two Knights Fees, and then the Heir being of full age at the death of his Ancester, shall pay to his Lord for Relief ten Pounds.   

CHAP. XXVII. Service of Castleguard.  
YE shall understand, that a man may hold by Knights-service, and yet not hold by Escuage, nor shall pay any Escuage; for he may hold by Castleguard, that is to say, by service to keep a Tower of his Lord's 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, 
Ground in the Law.  and draweth to it Ward, Marriage, and Relief; as in all Cases the common Knights-service doth.   

CHAP. XXVIII. Of Grand-Serjeanty.  
THere is also another kind of Knights-service, which is called Grand-Serjeanty; that is, where a man holdeth his 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 lower Carver, or Butler at the Feast of the Coronation, or to be one of the Chamberlains of the receipt of his Exchequer, or to do like service to the King in proper person: Such manner of service (I say) is called Grand-Serjeanty, 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: 
The most high Service.  For he that holdeth by Escuage, is not appointed by his Tenure to do any other more special Service, than another is bound that holdeth by Escuage; but he that holdeth by Grand-Serjeanty, is bound to do some special service to the King.  
Also if he that holdeth of the King by Grand-Serjeanty dieth, 
Relief of the Tenant by Grand-Serjeanty.  his Heir being of full age, than the Heir shall pay to the King for Relief, not only a 100s, as he that holdeth by Escuage shall do, but moreover the clear yearly value of these Lands and Tenements, which he so holdeth of the King by Grand-Serjeanty. 
Tenure by Cornage.   
Furthermore, ye shall observe, that in the Marches of Scotland, some men hold of the King by Cornage, that is to say, blowing of a 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 into England; which service is also a kind of Grand-serjeanty. Grand-Serjeanty therefore is as much to say in Latin, as Magnum-servitium; 
Definition of Serjeanty.  that is to say, A great or high Service: Like a Petty-Serjeanty, is called Parvum servitium; that is to say, A little or small service.  
But to revert again to the matter: Ye shall Note, that if any Tenant holdeth of any other Lord then of the King by such service of Cornage, than it is no Grand-Serjeanty; but yet nevertheless, it is Knight's service, and draweth to it Ward, Marriage, and Relief: For this is a Rule infallible, That none can hold by Grand-Serjeanty, but of the King's Majesty only. 
Rule in the Law.   
Finally, Ye shall understand, that all they which hold of the King by this Service, called Grand-Serjeanty, do hold of the King by Knights-service; and by virtue of his Tenure, the King shall have of them Ward, Marriage, and Relief; but Escuage, yet he shall not have of them, unless they hold by Escuage of him by express special words.   

CHAP. XXIX. Petty-Serjeanty.  
TEnant by Petty-Serjeanty, 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 Bow, a Spear, a Dagger, a pair of Gauntlets, a pair of Spurs of Gold, a 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, nor 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 Petty-Serjeanty, is no Knights-service; but yet ye shall note, That a man cannot hold neither by Petty-Serjeanty, neither by Grand-Serjeanty, but of the King only.   

CHAP. XXX. Homage ancestrel.  
TEnant by Homage Ancestrell, 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, and of his Ancestors, time out of mind, by Homage; and have done unto them Homage: And this is called Homage Ancestrell, by reason of the long continuance which hath been by title of prescription, 
Warranty because of Homage Ancestrel.  as well concerning the Tenancy in the blood of the Tenant, as concerning the Lordship in the Lord. And this service of Homage Ancestrell 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 soever he shall be impleaded or sued for such Lands so holden of him by Homage Ancestrell.  
Moreover such service of Homage ancestrel draweth unto it acquittal, that is to say, the Lord ought to acquit the Tenant against other Lords that can demand any manner of Service of the tenancy.  
Wherefore if in this case the Tenant which holdeth by Homage ancestrel, be impleaded of his Lands, and voucheth or calleth his Lord to Warranty, who cometh in by Process and demandeth 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 Lands of him and of his ancestors time out of mind; surely the Lord if he cannot 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 Lands in default of the Lord thus vouched, that is to say, called to warranty, he shall recover against him as much in value of these 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: Wherefore ye shall note, that in every case where the Lord disclaimeth in his Seignory in Court of Record, his Seignory or Lordship is extinct, and the Tenant shall hold from henceforth of the next Lord to him that thus disclaimeth.  
Thus ye perceive that Homage ancestrel 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 Seignory; wherefore if the Tenant doth once alien his Lands to another, although he purchase the same again, yet he shall not hold any longer by Homage ancestrel, because of his discontinuance, but shall hold now by the vulgar and accustomed Homage.   

CHAP. XXXI. Of Liveries.  
WHen one dieth which held of the King by Knights-service in Capite, that is to say, in chief; 
Tenant in chief of the King.  his Heirs being within age, the King (as before is declared) shall have the wardship and custody as well of the Lands as of the body, that is to wit, the marriage if he be unmarried; but if the Heir be of full age at the time of the death of such ancestor, yet shall the King by his Prerogative royal, have primer Seisin of all the Lands, Tenements, 
Primer seisin.  and other Hereditaments whereof such his Tenant was seized in his demeane as of see: 
Intruder upon the King's possession.  And if such an Heir will enter into his Lands when he cometh to his full age, before he sue his Livery and receive Seizing by the King, no Freehold shall accrue nor grow unto him, but he shall be deemed an intruder into the King's possession; yea and if he die so seized in the mean time, his Wife shall have no Dowry of such Lands; wherefore it behoveth in any wise, that such Heir as well male as female, coming to full age before he or she enter into their Land to sue Livery, the manner and form whereof, according to the Act of Parliament lately promulgated and set forth, I intent briefly to recite.   

CHAP. XXXII. How Heirs ought to sue their Liveries, enacted 33 H. 6. Cap. 21.  
NO Person or Persons having Lands or Tenements, about the yearly value of five Pound, 
Writ Diem clausit extremum.  shall have any Livery before Inquisition or Office found before the escheator or other Commissioner, by virtue of the Kings Writ of Diem clausit extremum, or Commission directed out of the Chancery or other Courts; having authority to make such a Writ or Commission, which shall not pass out of the same, but by Warrant or Bill assigned and subscribed by the Master of Wards or Liveries, the Surveyor, Attorney, and recoverer of the said Court; or three, two, or one of them to be directed and delivered to the Chancellor of England, or to any other Chancellor or Officer, having power to award such Writs; and for the writing and sealing of the same, shall be paid of the accustomed Fees. But if the Land exceed not the said yearly value of five Pounds, than they shall pay for the Seals of every such Writ or mission eight Pence, and for the Comwriting six Pence; and not above.  
And the Inquisitions and Offices hereupon found, shall be returned by the said Escheters or Commissioners into the same Court from whence the Writ or Commission was awarded; which done, the Clerks of the Petty-bogg shall receive the same Offices, and and make a Transcript thereof to the Master of the Wards and Liveries. And then the said Master, and the Surveyor, Attorney, and general Receiver; or three of them, whereof the Master or Surveyor to be one, shall Covenant and Indent with such Persons for their Livery of the Castles, Manors, Lordships, Lands, Tenements, and Hereditaments, comprised or not comprised in such Offices; and shall make and set a rate and price of the same, and appoint the days of payment thereof by Obligation, to be taken for the same to the King.  
And every Bill for any special or general Livery, assigned by the hands of the said Master, Surveyor, Attorney, Receiver, or three of them, whereof the Master or Surveyor to be one, shall be Warrant sufficient to the Lord Chancellor or other Officer, having power to pass Liveries under any of the Kings Seals accordingly: In which case, the Clerks of the Petty-bogge, or other Clerks by whom the Liveries be written, shall receive as well for themselves as for other, such Fees as hath been accustomed.  
Item, 
General Livery.  Every person may sue at his pleasure a general Livery, for any Manors, Lands, Tenements, Rents, Reversions, Remainders, or other Hereditaments; whereof the clearly yearly value shall not exceed twenty Pounds, provided that an Office be thereof found, and a Warrant first obtained of the said Master and others; as is aforesaid.  
And where such general Livery is sued, if the Lands exceed the yearly value of five Pounds, they shall pay for the Seal twenty Shillings four Pence; and all other Fees accustomed, as afterwards shall be declared. But if they exceed not the yearly value of five pound, they shall pay but these Fees following; that is to say, for the Seal of the Livery twelve Pence to the Clerks of the Petty-bogge, for the writing and the inrolling twenty Pence, for the respect of the Homage in the Hanapar eight Pence, to the Lord great Chamberlain twenty Pence, to the Master of the Rolls, twenty Pence, and the Clerk of the Liveries, for the Warrant and Inrolling of the Livery twenty Pence.  
Item, 
Respect of Homage.  No person or persons shall pay in the Exchequer, or any other Rents for the respect of Homage; for any Lands or Hereditaments, not exceeding the yearly value of five Pound above eight Pence, and for the entering thereof, and Warrant of Attorney above four Pence.  
And the value of such Lands and He-Hereditaments, not exceeding the yearly value of twenty Pound, shall be taken as it is limited in the Offices founden thereof, except by the examinations and Certificate of the said Master, Surveyor, Attorney, and Receiver, or three of them: It shall otherwise appear and be declared in any of the King's Courts.  
Also, no escheator shall sit only by virtue of his Office, for the inquiry of the Tenure, Title, or value of any Lands, or other Hereditaments holden of the King, being of the yearly value of five Pounds, 
Pains of forfeit.  or above, without the Kings Writ to him directed upon pain to forfeit five Pound for every time, he shall so do; neither shall he take for the finding of any Office of Lands, 
Fees of Office.  not exceeding the yearly value of five Pound, above fifteen Shillings: That is to say, six Shillings eight Pence for his own Fee, and three Shillings four Pence for the writing of the Office, and for the Charges of the Jury three Shillings, and for the Officers that shall receive the Offices in any Court of Record two Shillings; upon pain, that the escheator doing otherwise, shall for every time forfeit five Pound. And upon like pain, the Officers of every Court of Record, where such Inquisitions shall be returned, being offered unto them within one Month, next after the finding thereof, shall receive them the one Moiety of all, with forfeitures to the King, and the other to the Party that will sue for the same, etc.  
And they which hereafter shall be in case to sue Livery, whose Lands and Tenements exceed not the yearly value of five Pound, may lawfully sue forth that general Livery, by Warrant from the said Courts, as is aforesaid; although none other Inquisition be thereof had, nor certified, paying nevertheless the Fees above remembered.  
Finally, Every person shall sue forth his Patent for his Livery, within three Month's next after the assignment of his Bill, or else his Bill assigned to be void and of none effect.  

Hereafter ensueth the Fees Accustomed of the General Liveries.  
FIrst to the Clerks of the Petty bog, for the respect of Homage and Fealty; the writing and inrolling fourteen Shillings two Pence, to the Lord great Chamberlain forty Shillings, to the Master of the Rolls three Pound, to the Clerks of the Liveries for writing of the Indentures and Obligations twenty Shillings, besides Council.  
The Fees of the special Livery, accustomed to be paid by these following: That is to say, for the signet three Pound ten Shillings, for the Privy Seal thirty Shillings, for the great Seal forty four Shillings eight Pence, to the Clerks of the Petty-boggs forty Shillings, to the Master of the Liveries Clerks forty Shillings, for enrolment of the knowledge of the Indenture twelve Shillings, to the Lord great Chamberlain of England forty Shillings, for the Writ of the Allowance for the same Livery ten Shillings six Pence.  
And note ye, that sometime in special Cases the Fees be more, and sometime less, as the case and matter doth require.  
Hitherto have we briefly touched all kinds of Knights-Service, and things incident to the same: Now will we with like briefness, declare the other kind of Services, which commonly be comprised under the general Name of Socage: For all Lands or Tenements, either they be holden by Knights-Service, or else by Socage Tenure, or at least by the Nature of Socage Tenure; which in effect is all one.  
Wherefore, first we shall define what Socage is in the proper signification; which done, we shall peruse the other kinds of Services, which be of the nature of Socage Tenure.    

CHAP. XXXIII. Socage.  
SOcage is properly where the Tenant is bound to come with his Yoke; that is, 
What Socage Tenure is.  with his Blow, to Ear, and Sow a parcel of the demeane Lands of his Lord: which service in ancient time was very common, but now by the mutual consent (both of the Lord and the Tenant) it is converted for the most part into a yearly Rent, howbeit 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, as I have said heretofore: He holdeth in effect but by Socage. 
Guardian in Socage.   
Now where a man holdeth his Lands by Socage and dieth, his Heir being within the age of fourteen years, the Lord shall not have the Ward, but the next of kin to the Heir, to whom the Heritage cannot descend, shall have the Title and Wardship, as well of the Land as of the Heir, till the Heir come to the age of fourteen years: And such tutor or Guardian, is called Guardian in Socage, and shall render accounts to the Heir, of the Issues and Profits that he hath received of the Lands, during such time; deducting his reasonable Costs and Expenses: So that he shall not have the Wardship to his own use and profit, as the Lord which is Guardian in Chivalry hath.  
And in case the Guardian in Socage dieth before he hath made his account, the Heir is without remedy, because no Writ of account lieth against the Executors, but for the King only.  
Finally, Ye shall understand, that when a Tenant in Socage dieth, 
Rent.  the Lord of whom the Land is held shall have Relief; That is to say, 
Distress.  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 two Rents, save that for the Relief he may distrein forthwith; but for the accustomed Rent, he cannot distrein till the usual day of payment become.   

CHAP. XXXIV. Frankalmoign.  
TEnant in Frankalmoign, that is to say, 
The first foundation of Frank almoigne.  in free Alms, is where a Bishop, Deane, or any Ecclesiastical Person holdeth of his Lord in pure and perpetual Alms: And such Tenure began first in old times after this manner. When a man was seized in atient times of certain Lands or Tenements in his demesne, as of Fee, and of the same Tenements enfeoffed, an Abbot and his Covent, or a Pryer and his Covent, or any other Person Ecclesiastical; as a Dean of a College, Master of an Hospital, and 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-almes in these two cases, the Tenements should be holden in Frank-almoigne.  
By force of which Tenure, they that hold in Frank-almoigne after this sort, be bound of right before God, to make Orisons and Prayer, and to do other Divine Services for the Souls of their Granters and Feoffors, and for the Souls of their Heirs which be dead; 
Tenant in Frank-almoigne shall do Fealty.  and for the prosperous Estate of them and their Heirs whilst they be 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 like.  
But nevertheless such as hold their Tenements in Frank-almoigne, do omit and leave undone these Divine services whereunto they be bound before God; the Lord cannot distrain them, nor 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, 
Tenant by Divine Service.  That if a Parson of a Church, or any other Ecclesiastical Person, did before the Statutes of dissolution of Abbeys, Monastries, etc. hold of the Lord by certain Divine Service to be done, as to sing Mass every Friday, or placebo & dirige, or to find a Priests to sing Mass, or to distribute in Alms 100 pence to a hundred men at such a day; 
Distress for Divine Service.  in all these cases if such Divine service be undone, the Lord may very well Distrain, because the service is here put in certain.  
Now as I said before, that if in old time a man did enfeoff such ecclesiastial Person, after such sort he should hold his Lands in Frank-almoigne, but at this day it is otherwise, for by reason of the statute called, Quia emptores terrarum Westmin. 3. Cap. 1. No man can Alien nor 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-almoigne; These words Frank-almoigne be void, and the Ecclesiastical Person shall hold them immediately of the Lord of the Feoffer, by the same services that the Feoffer held; so that no man can hold in Frank-almoigne, but by force of a grant made before the said Statute, only the King's Majesty excepted, for he is out of the compass of the Statute.  
Finally ye shall note, That whereas a man shall hold in Frank-almoigne, 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, so 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 Writ of Mesne, 
Writ of Mesne.  and shall recover against him his damages and costs of his Suit.   

CHAP. XXXV. Of Burgages.  
A Tenure in Burgages is where an ancient Borough is of which the King his Lord and they which have Tenements within the same Borough, 
Socage Tenure.  held the same of the King, paying a certain Yearly Rend, which Tenure in effect is but Socage Tenure, likewise it is, whereas any other Lord Spiritual or Temporal, is Lord of such borough.  
Here ye shall note, 
Custom.  that for the most part such ancient Boroughs and Towns, have divers Customs and Usages which other Towns have not, for some Boroughs have a Custom, that the youngest Son shall Inherit before the Eldest, which custom is commonly called Borough English. 
Dower by Custom.   
Also in some Borough by the Custom, the Woman shall have for her Dowry, all the Lands and Tenements whereof her Husband was seized at any time, during the Matrimony and Coverture.  
Moreover, 
Devise by Custom of Borough.  in some Boroughs a man may bequeath or 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 bepuest is made, after the death of the Testator, which made such Testament, may by force of this Ancient Custom, enter into the Land, so to him bequeathed or devised, without any Livery of Seisin to him made, or further Ceremony of Law.  
Howbeit, how and in what manner a man may at this day devise his Lands by his last will and Testament, by force of a certain new Statute, it shall be hereafter declared. 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.  
And note, That no Custom is allowable but such Custom as hath been used by Title of prescription, or time out of mind.   

CHAP. XXXVI. Of Villinage or bond Service.  
A Tenant in Villinage, 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 Manor, or otherwise at the will of his Lord, and to do his Lord Villain service, as for to bear and carry the dung of his Lords out of the City, or out of his Lord's Manor, and to lay it upon the Demean Lands of the Lord, or to do such like Service, and Villainies Service: Howbeit, Freemen in some places hold their Tenements and Lands of their Lords by Custom, by such sort of Service, and their Tenure is called Tenure in Villinage, and yet they themselves be no Villains, nor of servile condition, but Freemen for the Land holden in Villinage, maketh not the Tenant a Villain; but contrariwise, a Villain may make Free Land to be Villain's Land unto his Lord; as if a Villain purchaseth Land in Fee-simple, or fee-tail, the Lord of the Villain may enter into the Land, so purchased by his Bondmen, 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 Servitude or Villeinage is the ordinance, not of the Law of nature, but of that Law which is called jus gentium, by which a man is made subject contrary to nature unto another 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 some Court of record; so that all Villains either they be born Villains or else they be made so, they be born Villains when their Father being a Bondman himself begetteth them in Lawful Wedlock, either of a Free Woman, or of a Bond Woman, for so that the Father be Bond, the Issues 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 Laws of the Romans it is clean contrary, for there Pars sequitur ventrem, that is to say, the Servitude or Bondage of the Mother maketh the child Bond, and not the Bondage of the Father. 
Bastard.  Howbeit, the Bastard Son of a Bond man shall not be Bond, and the reason is, because a Bastard is nullius filius in the Law, that is to say, no man's son.  
They be made Bondmen or Villains two ways, either by their own proper act, as when a Free Person, being of full age will come into a Court of Record, and there confesseth himself Bond to another man.  
Or else by the Laws of Arms, called jus gentium, as when a man is taken prisoner in wars, and is compelled to serve and become the Thrall and Bond man of him that took him, the Law calleth such a Person a Villain, that is to say, a slave and Thrall.  
And ye shall note, 
Definition of Villains.  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 servendo, that is to say, of serving: They be called Mancipia a manu capiendo, because they be taken by hand and power of their enemies.  
Now as I said by the Law of Nature, we are all born free; but after that, by the Law of of Gentility, servitude or bodage did press and invade the world, than ensued the bene-of Manumission: Manumission is Quasi de manu emissio, that is to say, 
Manumission.  a giving out of the hand or power: For so long as a man is in bondage and servitude, he is subject to the hand and power of another, and when he is Manumissed, he is made free and delivered from the said power. So that a Manumission is (to say) a Writing, testifying that the Lord hath enfranchised his Villain, and all his offspring and Sequel.  
Also if the Lord maketh to his bondman an Obligation of a certain sum of money, 
What acts maketh Manumission in Law.  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 employ an Enfranchisement.  
Likewise, if the Lord maketh a Feoffment to his Villain, and maketh unto him Livery of seisin, this also is an Enfranchisement, and secret Manumission. Briefly to speak, wheresoever the Lord compelleth his Villain, by the course of the Law, 
Causes of Infranchisem.  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 debt, an action of account, of Covenant, or of trespass: These and such like be in the eye of the Law Enfranchisments 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, Chattels, and correction of his bondman, without the compulsion of that 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 appea of Felony, the Villain being lawfully indicted of the same before, this is no  Manumission or Enfranchisement; For the Lord, though he have power to beat his Villain, and to spoil him of his goods, yet he cannot by the Law of this Realm put him to death.  
Ye shall also understand, that if a man's bondman purchase Lands, or acquit, and get unto him any other thing, the Lord may forthwith enter and seize the same into 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 Enfranchisement, for as much as he bindeth himself to the Prescript and Authority of the Law, whereas 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 Manor; but they be called regardant, which do belong to a Manor of which the Lord is seized: And the said Villains have been regardant, that is to say, exspectant and attendant time out of mind to the Lord of the said Manor, in doing unto him such services as to a Villain appertaineth.   

CHAP. XXXVII. Of ancient Demesne.  
THere is also a certain kind of Tenure, which is called ancient Demesne; and these Tenants which hold by their service be Fee-holders', and by Charter, and not by Copy or Court-Roll, or by the Verge, after the Custom of the Manor, at the will of the Lord: And these Tenants be such as hold of those Manors which were S. Edward's the King, or which were in the hands of King William the Conqueror; and these Manors be called the ancient Demesnes of the King, or the ancient Demesnes of the Crown of England. And to such Tenants which hold of such Manors, be many and divers Liberties given and granted by the Law; as, to be quit of tolé and passage, and such like Impositions which be demanded of men for their Goods and Chattels, sold or bought in Fairs and Markets; by them also, to be quit and free of Tax and Tollage, granted by Parliament; except that the King's Majesty do Tax ancient Demesne (as to him only appertaineth) when he thinketh good, for great and urgent Considerations. Tenants also of ancient Demesne, aught to be quit of payments to the Expenses and Charges of the Knights which came to the Parliament. Also they ought not to be impanelled, nor put in Juries and Inquests in the County, out of their Manors or Seignory of ancient Demesne for the Lands which they hold of such Manor, unless they have other Lands at the Common Law, for which they ought to be charged. And if such Tenants, or any of them; which hold of the Manor of ancient Demesne bedistreined, to do unto their Lord other Services or Customs than they or their Ancestors have used to do, 
Writ of Monstraverunt.  then may they sue a certain Writ, called a Monstraverunt, directed to the Lord, commanding him that he distrein them not for to do other service or Customs than they have been accustomed to do.  
And for further knowledge hereof, you shall understand, that in the Exchequer there is a Book called Doomsday; which Book was made in the time of the said S. Edward, and all the Lands that were in the Seisin, and in the hands of the said S. Edward, at the time of the making of the said Book by ancient Demean.  
But the Lands which then were in other men's hands, 
Frankfee.  though they be written in the said Book, be frank Fee and no ancient Demesne.  
Finally, It is to be noted, that Tenants of ancient Demesne shall not be impleaded for their said Lands out of the Manor whereof they so hold, and if they be, 
Abatement. of Writ.  they may show the matter and abate the Writ; But if they once Answer to the Writ and Judgement given, than the Lands have lost the nature and benefit of ancient Demesne, and are become frank Fee, that is to say, Pleadable at the Common Law for evermore. And thus have we spoken of the Diversity of Tenors.   

CHAP. XXXVIII. 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 Rent-service; 
Division of Rent-service.  another which is called Charge; and the third which is named in French Rent- Sack, that is to say in Latin, Redditus siccus, a dry Rent. Now Rent-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 the least way, when the Rents be 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 any other sorts of services, and by certain Rent; this Rent is called Rent-service. 
Distress of common right.  And here ye shall note, That if this Rent-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, fee-tail, for term of life, for years, or at will, may of common right enter and distrein for the Rent, though there be no mention at all, nor cause of distress put in the Deed or Lease. I said before, that the Nature of this Rent-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 of Fee-simple, and make a Deed of Feoffment of the same to another in Fee-simple, reserving by the same Deed a Rent; this can be called no Rent-service, because there can be now no Tenure between the Feoffer and the Feoffee; otherwise it is of Feoffments in Fee simple made before the Statute of Westminster the third, Cap. 1. called Quiae emptores terrarum: For before the making of that Statute, if a man had made a Feoffment in Fee-simple; reserving to him a certain Rent, yet though it had been without Deed, here had been begun and Created a new Tenure between the Feoffor and the Feoffee, and the Feoffee should have holden 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 or begun, and consequently no Rent-Service can be at this day reserved, upon any gift in Fee-simple, except it be in the King's 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 Rend 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 Fee-tail, or maketh but a Lease for term of life or for certain years, or else at Will.  
For in all these cases the reversion of the Fee-simple remaineth still in him, and therefore if there be any Rent reserved, it is to be called a Rent-Service, and is of Common right distrainable, though there be no Clause of distress in the Deeed 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 of Rent shall this be called, I answer, if there be in the Deed indented any clause of distress; 
Charge.  that is, that if the Rent be behind unpaid, it shall be Lawful for the Feoffour to enter and to distrain, it is called a Rent-charge, for as much as the Land is charged therewith, but how? of Common Right? no, but only by virtue and force of the wriing, 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 Land will grant, either by Indenture, or by Deed-poll, that is to say, single, and not indented, a Yearly Rend out of the same Lands to another, whether it be in the Fee-simple, Fee-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 enter and distrain.  
But contrary, if the grant be made without any such Clause of distress, it is called a Rentseck, that is to say, a dry Rent, because he cannot come to it in Case it be deemed by way of distress; Insomuch, that if he were never seized of it, he is by 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 granter, or distrain for the Rent behind, and retain the distress, till the time he be paid accordingly, but he cannot have both remedies together, but must take him to the one, for if he once recover by a Writ of Annuity, 
Annuity.  then is the Land discharged, and if he Sue not his Writ of Annuity, but distrain for the Arrearages, and the Tenant Sueth a Replevin, whereupon the other anoweth the taking of the distress in Court of Record, then is the Land charged, and the Person of the Granter dischared of the Action of Annuity. 
Estopple.   
Ye shall understand, That if a man will that another shall have a Rent-charge, coming out of his Land, and yet will not that his Person shall be by any means charged by Writ of Annuity, he may then have such Clause in the end of his deed, 
Proviso.  Proviso quod praeseus Scriptum, nec quicquam in eo contentum, ullo pacto se extendat ad onerandum Personam meam, per breve seu Actionem de Annuitate, sed tantum modo valeat ad onerandum Terras, Fundas, & Tenementa mea, de annuo redditu Praedicto. If this or such like Clause be added, than the Land is charged, and the Person of the Granter is discharged.  
Also if a man will make a Deed of Grant in this wise, that if John at Stile be not Yearly paid at the Feast of Christmas, 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 manner of Dale, this is a good Rend charge, because the manor is Charged with the Rent, by way of distress, and yet nevertheless, in this Case the Person of him that made such Deed is discharged of any Action of Annuity: For as much 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 Rend.  
Furthermore ye shall note, That if a man hath a Rent-charge to him, and to his Heirs, coming out of certain Lands, and doth Purchase any parcel of these Lands to him, and to his Heirs, in this Case the whole Rent-charge is quenched and gone, and the Annuity also, 
Extinguishment.  the Cause is this, that a Rent-charge cannot be in such Case apportioned. Otherwise it is of a Rent-Service, as for example; If one which hath a Rent-Service of 20d by Year, doth Purchase parcel of the Land, out of which this Yarely Rend of 20d is coming, this shall not extinguish or drown the whole Rent, but for the parcel only. For Rend Service in such case may very well be apportioned, and rated according to the value of the Land. Yet there be some sort of Rents-Services, 
Rend service cannot be apportioned.  which in no wise can be apportioned. As where a Tenant holdeth his Land of his Lord, by the service, to render to his Lord Yearly at such a Feast, a Horse lading of Gold, a red Rose, a Gilliver, or 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 cannot be Severed and apportioned. Also Escuage is a Service that may be very well apportioned according to the difference and rate of the Land.  
But where any Land is holden by Homage and Fealty, if the Lord purchase 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 Land to another for term of life, reserving to him certain Rent, if in this case he granteth that Rent to John at Style, saving to himself the Reversion of the said Land; this Rent is but Rend Sack, because John at Style that hath the Rent, hath nothing in 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 Rend Service, because he hath the Reversion for term of his life.  
Likewise it is, If a man giveth Lands or Tenements in tail, 
Rend is incident to a reversion.  Reserving to him, and 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 another, and the Tenant Atturneth accordingly the whole Rent 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, it had been Rend Sack.   

CHAP. XXXIX. What remedy a man hath to recover his Rent when it is behind.  
I Shown you before, that for a Rent-service if it be behind you 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 Writ of Annuity at your choice, and election as before is declared. But of a Rent Seck, if you were never seized of it, nor of any Parcel thereof, ye be without remedy by course of the Common Law, for ye cannot distrain for it, nor yet bring your Writ of Annuity, but if you 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, 
Disseisin of Rend Sack.  and there demand the Arrearages of the Rent, which if the Tenant denyeth to pay, this denial is desesin of the Rent. Also if the Tenant be not then ready to pay it, this countervaileth a denial, which is a disesin.  
Moreover, if neither the Tenant, nor no other man be remaining upon the ground to pay the Rent, when ye demand they Arrearages, this also is a denial in the Law, 
Assize.  and is in very deed a diseisin. And for these diseisins you may have an Assize of Novel diseisin against the Tenant, and shall recover seisin of the Rent, and the Arrearages, and your Damages and Costs of your Writ, and of your Plea. And if after such Recovery and Execution had, 
In Rediseisin double damages.  the Rent be again at another time denied you, than you may have a Writ of Rediseisin, and shall recover your double Damages.  
It shall therefore be wisdom for a man, 
Therecauses of disseisin of Rend service.  when a Rent is granted by any person unto him, to take of the Tenant of the Land, a Penny or half Penny, in name of seisin of the Rent; and than if at the next day of payment the Rent be denied him, he may have an Assize of Novel diseisin; And ye shall note, That there be three Causes of diseisin of Rent-service, that is to wit, Rescous, Replevin, and Enclosure: Rescous is, when the Lord upon Land holden of him distraineth for his Rent behind, and the distress be rescued from him, or if the Lord cometh upon the Land to distrein, and the Tenant or any other man for him will not suffer him, that is called Rescous.  
Replevin is when the Lord hath distrained, 
Replevin.  and Replevin is made of the distress by Writ, or by Plaint.  
Enclosure is where Lands or Tenements be so enclosed, 
Enclosure.  that the Lord cannot come within the Lands or Tenements for to distrain. And the chief case why such things so made be diseisin to the Lord, is forasmuch as the Lord is by this way disturbed of the mean and remedy, whereby he ought to come and have his Rent, that is to wit, by distress.  
And there be four Causes of diseisin of Rent-charge, 
Four Causes of Diseisin of Rent-charged.  that is to wit, Recous, Rplevin, Enclosure, and Denier. For Denier or denial, is as well a diseisin of a Rent-charge, as it is of a Rent-secke. Finally, You shall understand, that there be two cases of deseisin of Rent-secke, that is, denial and Enclosure.  
And it seemeth that there is yet another cause of diseisin of all the three Rents aforesaid, that is to wit, 
And two of Rent-secke.  this when the Lord cometh to the Land holden of him, or when he that hath a Rent-charge, or a Rent-secke, cometh to the Land to distrain for the Rent behind, or to demand the Rent, and the Tenant hearing this encountreth him, and forestalleth him the way, 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 mutilation of his members: This is a Diseisin because the party is disturbed of his mean and lawful remedy, whereby he ought to come to his Rent.  
Finally, Ye shall observe and mark, That by an Act of Parliament made in the 22th year of our Sovereign Lord King Henry 8, it is lawful for the Executors and Administrators of Tenants in Fee-simple, Tenants in fee-tail, Tenants for term of life, of Rent-services, Rent-charges, Rend- Seeks, and of Fee-farmes, for Arrereages of such Rents as were due to the Testators in their lives; either to distrein for the same, or at their Election to bring an Action of debt, except in such Lordships in Wales, 
Distress or Action of Debt.  or in the Marches thereof; whereas the Tenants have useed time out of mind, to pay unto every Lord, at his first entry into the Lordship, any sum of Money, for the redemption of all manner of Outcries and Penalties incurred at any time before their Lord's entry.  
Also by force of the said Act, the Husband which was seized in the right of his Wife, may after the death of his Wife, either distrein or bring an Action of Debt, for the Arrearages of such Rents as were due and unpaid in her life.  
Likewise it is of him that hath a Rent for the term of another 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 Administrators, may either distrein, or bring an Action of Debt for the Arrearages due before the death of him, for term of whose he had the Rent.   

CHAP. XL. How Recoveries ought to be made of Rents and Services.  
UPon a Replevin sued, an Avowry may be made by the Lord, or Conusance, and Justification by his Bailiff or Servant, upon the Land holden of the said Lord, without naming any person certain to be Tenant thereof: The like Law is also upon every Writ sued of second deliverance.  
In any Replegiare or second deliverance for Rents, Customs, Services, or damage Feasant, if the Avowry, Conusance, or Justification be found for the Defendant, or the Plaintiff be nonsuit, or otherwise barred, the Defendant shall recover such Damages and Costs, as the Plaintiff should have had, if he had recorded.  
Both Parties shall in such Writs have like pleas, aid, prayers, and joinder in age, as at the Common Law, notwithstanding this Act, 
Pleas in Avoury.  Pleas of disclaimer only excepted. 2 H. 8.19.   

CHAP. XLI. For the Assurance of Farmers made.  
ALl Leases hereafter, to be made of any Lands, or other Hereditamen by writing indented, under Seal for term of years, or for term of life by any persons, being of the age of twenty one years; having any estate of Inheritance, either in Fee-simple, or in fee-tail, in their own right, or in the right of their Charges, or Wives, or jointly with their Wives, shall be good and effectual against the Lessors; their Wives, Heirs, and Successors, according to the estate comprised in such Indenture of Lease. 
Surrender of the old Lease.   
This Statue shall not extend to any Lease to be made of Lands in the hands of any Farmer, by force of any old Lease, unless such old Leases expired within a year after the making of the new; nor to any Grant to be made of any Reversions of Manors, Lands, etc. nor to any Leases of such Manors, Lands, etc. which have not been let to Farm, or occupied by Farmer's twenty years before such Lease made; nor to any Lease to be made without impeachment of waist; nor to any Lease to be made for above twenty one years, or three lives from the day of the making thereof; and that upon every such Lease, there be reserved so much yearly Rent, as hath been usually paid for the Lands so let within twenty years' next before such Lease made, and the Reversioners of the Manors, Lands, etc. so let (after the death of such Lessor or his Heirs) may have such remedy against such Lessee, his Executors, Assigns, as such Lessor might have had against such Lessee.  
Provided that all Leases made by the Husband of Manors, Lands, 
The Wife shall be party to the Lease.  etc. (being the Inheritance of the Wife) shall be made by Indenture in the name of the Husband and Wife, and she to seal to the same, and the Rent shall be reserved to the Husband and Wife, and the Heirs of the Wife: And here the Husband shall not alien or discharge the Rent, or any part thereof longer then during the Coverture, unless it be by fine levied by Husband and Wife.  
Provided furthermore, that this Act extend not to give liberty to take more Farms or Leases, than might have been taken before this Act (Vide Stat. 25. H. 8.13. Sheep.) nor to any Parson or Vicar to make any Lease, otherwise than they might have done before.  
It is furthermore enacted, 
What grant by a Corporation is good.  that the Grant, Lease or gift, or Election, of the Governor or Ruler of any Hospital, College, Deanery, or other corporation, with the assent of the more part of such of the same as have voice thereunto shall be good and effectual, any Rule or Statute made by any Founder to the contrary notwithstanding. 32 H. 8.   

CHAP. XLII. Of falsifying of recoveries by Farmers, 21. H. 15.  
A Termer for years may falsify a feigned recovery had against them in the reversion, and shall retain and enjoy his Term against the recoverer, his Heirs and Assigns according to his Lease.  
Also the recoverer shall have like remedy against the termer, 
Avowry or Action of Debt.  his Executors or Assigns by Avowry, or Action of debt for Rents and Services reserved upon such Lease, and due after such recovery, and also like Action for waste done after such recovery, as the Lessor might have had if such recovery had never been.  
No Statute of the staple, Statute Merchant, or execution by Elegit, shall be avoided by such feigned recovery, but such Tenants shall also have such remedy to falsify such recoveries as is here provided for the Lessee for years.   

CHAP. XLIII. Of Tithes, and how they shall be recovered, 33. H. 8.7.  
ALl Persons shall duly set forth and pay all Tithes and offerings, according to the custom of the places where they grow due.  
If Tithes or offerings be not so set out and paid the party grieved may convent him, that so detain them, before the Ecclesiastical Judge, who hath power to hear and determine the matter in question Ordinarily or Summarily, according to the Ecclesiastical Laws, and to give sentence thereupon accordingly.  
Here if any of the parties appeal, the Judge upon such appeal shall adjudge to the other party reasonable cases, and compel the Appellant to satisfy them by process and censures Ecclesiastical taking surety of the other party, to whom the costs shall be adjudged to restore the costs, in case the principal case pass against him.  
If any Person after such sentence given refuse to pay Tithes or Sums of Money so adjudged, than two just of P. (1. Qu.) shall upon Certificate thereof from the Judge, commit the Party so refusing the next Goal, there to remain, till he have found Sureties to be bound by Recognisance, or otherwise (before the same Judge) to the King to perform the said Sentence.  
Howbeit, none shall be thereby compelled to pay Tithes for Lands, or other Hereditaments, which by the Laws and Statutes of this Realm are discharged, and not chargeable with the payment of Tithes, neither shall it extend to the City of London or the Suburbs thereof.  
In all cases, where any Person, who hath any Estate of Inheritance, , Term, right or interest in any Parsonage, Vicarage, or other Ecclesiastical profit, which now be, or hereafter shall be made Temporal, and admitted to be, and abide in Temporal hand, and to lay uses by the Laws and Statutes of this Realm, shall happen to be hereafter outed, or otherwise wronged from or concerning the same, he or she shall have remedy for the same (in the King's Temporal Courts, or other Temporal Courts) as the case shall require, by Writs of praecipe quod reddat, Assize of novel disseisin, Mordancester, quod ei defoveat, Writs of Dower and other Original Writs, as the case shall require; in like manner as for Lands, Tenements, and other Hereditaments in such manner to be demanded.  
Also Writs of Covenant, and other Writs for Fines to be Levied, and all other assurances to be had and made of Parsonages, Vicarages, and other profits called Spiritual, shall be devised and granted in Chancery, as hath been used for Fines and Assurances of other Land: Likewise all Judgements given, and Fines Levied, for, and of such Parsonages, etc. shall be of like effect as judgements given and Fines levied of other Lands. 32. H. 8.   

CHAP. XLIII. Of Mortuaries, 21. H. 8.6.  
NO Spiritual Person, his Bailiff, or Lessee, shall take or demand more for a Mortuary, then as is hereafter expressed, nor shall convent any Person before any Ecclesiastical Judge for the recovery of more for the same, then as is hereafter declared, in pain to forfeit so much as he takes or demands more, and likewise 40s. to the party grieved, to be recovered by Action of Debt, wherein no essence, etc. shall be allowed.  
None shall take or demand for a Mortuary any thing at all, where (by the Custom) they have not been usually paid, nor upon the death of a Woman covert, a Child, a Person not keeping house, a Wayfaring man, one not residing in the place where he happens to die, nor where the goods of the dead Person (Debts deducted) amount not to the value of 10. Marks; nor above the Sum of 3s. 4d. when they exceed not 30lb. nor above 6s. 8ds. when they exceed 30lb. but not 40lb. nor above 10s. when they amount to 40lb. or above. And if the Person die in a place where he or she dwelleth not, their Mortuary shall be paid in the place where they had their most abode.  
This Act shall not abridge Spiritual Persons to receive Legacies bequeathed to them, or to the King's Altar.  
No Mortuaries shall be paid in Wales, Callais, or Barwick, or in any of their Marches, save only in Wales, and the Marches thereof, where they have been accustomed to be paid, and such as are there paid shall be regulated according to the order prescribed by this Act.  
The B P of Bangor, Landaff: S. david's and S. Assaph, and the Arch Deacon of Chester, shall take Mortuaries of the Priests within their Jurisdiction, as hath been accustomed notwithstanding his Act.  
Less Mortuaris already settled by custom shall not be increased, and there also persons exempted by this Act, shall not hereafter be chargeable.   

CHAP. XLV. Of Discontinuance.  
IT is called a Discontinuance by the Laws of England, whereby he hath the possession of Lands or Tenements, for the time present, and yet not having the Fee-simple in himself, nor in his own right only, maketh an Alienation of the same to another, by reason whereof, he that should have them after him, and which then hath right unto them, cannot enter, but is driven to his remedy by way of Action, in such wise, that the said Lands be not utterly shifted, etc. gone from such Person or Persons as have right unto them, but be all only discontinued for a time, till the Person which after the death of such discontinuer hath right unto them, do continue and bring them home again, not by entry, but by suit and way of action. As for example, a Tenant in tail of certain Lands, doth Enfeoff another in the same, in Fee-simple, or Fee-tail, and hath Issue, and dyeth, his Issue cannot enter into the Lands though he hath Title, and right unto them, 
Formedon in the descender.  but is but to his Action, which is called a Formedon in the descender. 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 remainder, so that neither the one nor the other can enter, 
Formedon in the reverter or remainder.  but be driven to their Action, he in the reversion of his Formedon in the reverter, and he in the remainder to his Formedon in the remainder.  
In like manner if a Bishop doth alien Lands, 
Entre sine assensue Capitali.  which be parcel of his Bishopric and dyeth, this is a discontinuance of his Successor; Forasmuch as he cannot enter, but is driven to his Writ of entre sine assensu Capitali.  
Semblable, if a Deane be sold seized of Lands, in the right of his Deanery, and maketh such an Alienation, this is a discontinuance to his Successor. Also the Master of an Hospital alieneth any Lands of his Hospital, that is a discontinuance, and his Successor cannot enter, but is put to his Writ, 
Igressu sine assensu confratrum & sororum.  De ingressu sine ascensu confratrum & sororum.  
But if a Parson or a Vicar of a Church will alien any of his glebe-Lands to another in Fee-simple, or fee-tail, and dieth, or resigneth his Benefice, this is no discontinuance to his Successor, but he may very well. enter, notwithstanding such Alienation made by his Predecessor. And the highest Writ that a Parson can have, if his Predecessor have aliened his Glebeland, or lost it by default, or Reddition, is a Juris utrum. 
Reddition, that, is voluntarily yielding.  And furthermore note, That no Tenant of the Land, can by his or their Act, discontinue the right of him in the Reversion, unless it be by Feoffment, with Livery and Seisin, or else by a Release with Warranty.  
And note, That such things as pass by way of Grant by Deed, without Livery and Seisin, cannot be discontinued, as an Advowson, Common, or a Villain in Gross, Reversion, Rent-charge, Common for Beasts certain, and such other like.  
And ye shall understand, That in 32 H. 8. it was 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 the  of his Wife, during the Coverture between them, should be any discontinuance thereof, or be prejudicial, or hurtful to the said Wife, or to her Heirs, or to such as should 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 should appertain, after her decease may then lawfully enter in all such Lands and Tenements, according to their rights and titles therein.   

CHAP. LXVI. How Recoveries by Collusion against Tenants for term of life, is no Discontinuance. An. 32. H. 8.  
WHere divers Persons seized of Lands 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 covine between them had, to recover the same against them in the King's Court, by reason whereof they to whom the reversion or remainder thereof have belonged, have after the deaths of such Tenants been driven to their Actions, for the recontinuance and obtaining the said Lands and Tenements so recovered, and sometimes have been clearly disherited of the same: It is enacted that all such Recoveries hereafter to be had by agreement of the Party, or by covine, or against any such particular Tenant of Lands or Hereditaments, whereof he is or hereafter shall be seized as Tenant by the Courtesy 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 shall then appertain, and against their Heirs and Successors be clearly void. Provided that this Act extend not to any person that shall by good title recover any Hereditaments without fraud or covine, against any such particular Tenant by reason of any former right or title, nor to avoid any recovery to be had against any such particular Tenant, by the assent and agreement of those in the reversion or remainder, so that such assent and agreement to appear of record in the King's Court.   

CHAP. XLVII. How wrongful Diseisin is no descent in the Law, Enact. Anno 32. H. 8.  
WHere divers persons have by strength and without title, entered into Lands and Tenements, and wrongfully diseised and dispossessed the rightful owners and possessors thereof, and so being seized by diseisin have died seized thereof, by reason of which dying seized, the Parties that were so diseized 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 Land, and put to their Action for their remedy and recovery thereof; It is enacted, that the dying seized hereafter, of any such diseisour, having no right or title therein, shall not be deemed any such descent in the Law, as to take away the entry of such persons, or the Heirs, which at the time of the same descent had good title of entry into the same. Except that such diseisor had the peaceable possession of his Lands or Tenements, whereof he shall so die seized, by the space of five years next after the diseisin by him committed without entry; or continual claim, by such as have lawful title thereunto.   

CHAP. LXVIII. The Limitation of Prescription Enacted. Anno 32. H. 82.  
SEisin in a Writ of Right shall be within sixty years before the teste of the same Writ. 
Limitation of years.   
In a Mordancester, Cozenage, Ayel, Writ of Entry Sur diseisin, 
Limitation of 50 years.  or any other possessory Action, upon the possession of his Ancester or Predecessor, it shall be within 50 years before the teste of the Original of any such Writ.  
In a Writ upon the Parties own seisin or possession, 
Limitation of 30 years.  it shall be within 30 years before the teste of the original of the same Writ.  
In an Avowry or Cognizance for rent, suit, or services, of the seisin of his Ancester, Predecessor or his his own, or of any other, whose estate he pretends to have, it shall be within 40 years  the making such Avowry or Cognizance. 
Avowry.   
Formedons in reverter or remainder, & scire facias, upon fines shall be sued within 50 years after the title or cause of Action accrued; and not after.  
The Party Demandant, Plaintiff, or Avowant, (that upon traverse or deiner by the other Party) cannot prove actual possession or seisin, within the times above limited shall be for ever after barred in all such Writs, Actions, 
Bar.  Avowries, Cognizance, Prescription, etc.  
Provided that in any of the said Actions, 
Attaint upon false Verdict.  Avowries, Prescriptions, etc. the party grieved may have an Attaint upon a false Verdict given.   

CHAP. XLIX. Of Fines.  
FInes have their Names, 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 fourth year of King Henry the seventh, That every Fine after the engrossing, shall be proclaimed in the Court the same Term, and the three next, four several days in every Term, and in the mean time all Pleas shall cease.  
The Proclamation being so made, they shall conclude all Persons both Princes and strangers, except women, covert persons under age, in prison, out of the Realm, or of none sane memory, being not Parties to the Fine.  
The right and interest that any person or persons (other than Parties) hath or have at the time of the Fine engrossed, is saved, so that they or their Heirs pursue such the r right or interest by Action or Lawful entry, within five years after the Proclamations so made; so also is the right and interest saved, which accrues after the engrossing of the Fine, so that the parties having the same, pursue within five years after it so accrues, and in this case the Action may be brought against the pernor of the profits.  
If at the time of the Fine engrossed, or of such accruer, as aforesaid, the persons be covert (and no parties to the Fine) under age, in prison, out of the Realm, or of none sane memory, they or their Heirs, have time to pursue their Actions within five years after such imperfection removed.  
The exception that none of the parties, nor any to their use, had any thing in the Lands, at the time of the Fine levied, is saved to all persons, except parties and Princes.  
Fines at the Common Law have the same force that they had before the making of this Act; and a Fine may be levied this way, or at the Common Law, at the pleasure of the parties. 
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Furthermore in 32. Year of _____ for the avoiding of certain doubts and ambiguities, it was enacted that all Fines levied of any person or persons of full age of Lands entailed before the same Fine to themselves, or to any of their Ancestors in possession, reversion, remainder, or use, shall immediately after the Fine ingressed, and Proclamations made, be a sufficient bar against them and their Heirs, claiming only by such Entail, and against all others claiming only to their use, or to the use of any Heir of their bodies.  
Howbeit this Act shall not bar the interest of any persons accrued by reason of any Fine levied by a Woman, after her Husband's death, contrary to the Statute of V H. 7.20.  
A Fine levied by him who is restrained by any express Act of Parliament so to do, shall be void, notwithstanding this Act.  
This Act shall not extend to any Fine heretofore levied, of Lands now in suit, or heretofore Lawfully recovered in any court by Judgement or otherwise: Nor to any Fine of Lands entailed by the King's Letters-patents, or any Act of Parliament the reversion thereof at the time of such fine levied being in the King.   

CHAP. L. Of Testaments or last Wills.  
TEstamentum in Latin is as much to say as mentis Testatio, 
Division.  that is a Declaration or witnessing of a man's mind. And there be two sorts of Testaments. The other is called Testamentum Scriptum, 
Written Testament.  that is a written Testament or last Will by writing, and the other is called Testamentum Nuncupaticum, 
The Testament. Nuncupative  a Testament Nuncupative, which is when a man doth express by Mouth his last Will and Testament without writing, by calling before him certain of his Neighbours, in whose presence he doth signify by words of his last mind and Will. And this for the most part men use to do, when for fear of suddenness of death, they dare not abide the writing of their Will. 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 though a Testament by writing be not Sealed with the Seal of the Testator, yet is the Testament good and effectual in the Law.  
And ye shall also mark, That where a man maketh once his Testament and Will, and afterwards maketh another Will by words, if his last Will be proved before the Ordinary, and by him put in writing and in sealed 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 by an Act made the 21. Year of H. 8. it was ordained, that part of the Executors which take upon them the charge of a Will, may sell any Land devised by the Testator to be sold; albeit the other part which refuse will not join with them.   

CHAP. LI. The difference between Executors and Administrators.  
EXecutor is when a man maketh his Testament and last Will, and therein nameth the person which shall execute his Testament, than he that is so named is his Executor, and such an Executor shall have an Action against every Debtor of his Testator, 
Assets in the hands of the Executors.  and if his Executors have Assets, that is to say, sufficient in their hands, then shall every one to whom the Testator was in Debt, have Action against the Executor, if he have an Obligation or specialty to show. But in every Cause where the Testator might wage his Law, there no Action lieth against the Executor.  
Administrator is he to whom the Ordinary committeth, the Administration and bestowing the goods of a dead man, for default of an Executor. And Actions shall lie against him, or for him as for an Executor, and he shall be charged to the value of the goods of the dead, and not further, if it be not by his false Plea, or for that he hath wasted the goods of the dead. But if the Administrators die, his Executors be not Administrators, 
Executors of his own wrong.  but it behoveth the ordinary to commit a new Administration. Howbeit if a stranger, (I mean him that is neither Executor named in the Testament, and last Will nor yet Administrator appointed by the ordinary) will take the goods of the dead and Administrator of his own head and mind, without Lawful authority, this person shall be charged and sued as an Executor, and not as an Administrator in an Action which is brought against him by any Creditor. But if the ordinary make a Letter de colligendum bona defuncti, he that hath such a Letter is not Administrator, but the Action lieth in this case against the ordinary, as well as if he took the goods by his own hand, or by the hand of any other his Servant, by any other Commandment.   

CHAP. LII. An Act of the probate of Testaments made Anno Dom. 21. H. 8.5.  
NOthing shall be given for the Probate of a Will or Commission of Administration when the goods of the dead exceed not 5lb. save only 6d. to the Register. Nevertheless the Judge shall not refuse to prove such a Testament being exhibited to him in writing, with Wax ready to be Sealed and proved Communi formâ, but shall dispatch the party without delay.  
For the Probate of a Will, and all other things concerning the same when the goods of the dead exceed 5lb. but not 40lb. the Judge's Fee is 2s. 6d. and the Registers 12d. and when they exceed 40. the Judges Fee is 2s. 6d. as before, and the Registers as much, or the Register may refuse the 2s. 6d. and take a penny for every ten lines of the Will, each line being conceived to contain ten Inches in length, and for these Fees they shall dispatch the party without frustratory delay.  
Where there is no Will, or the Executors refuse it, Administration ought to be committed to the Intestates Widow, if he left any, or to the Widow and the next of the Kindred; or in case he left no Widow; to one or more of the Kindred; or in case they look not after it, to any Creditor or Creditors that desire it; or (in case they also neglect it) to any other person or persons, at the discretion of the Ordinary, who is enjoined to take Security of such Administrators for the due Administration of the Intestates goods.  
Nothing shall be given for Letters of Administration, when the Intestates goods exceed not 5lb. and when they exceed 5lb. but not 40lb. the Officers Fees are only 2s. 6d.  
The Executors or Administrators (calling to them two or more Creditors, or so many of the next of the Kin, or (in their default) two or more neighbours or friends of the dead) shall in their presence, cause a true Inventory to be made of the goods, and shall deliver the same in upon Oath, unto the Ordinary indented, whereof one part shall remain with the Ordinary, and the other with the Executors and Administratours.  
The Judge or Ordinary shall not refuse to receive an Inventory indented, 
Inventory of goods.  so tendered unto him in Court, together with his oath to verify the same.  
Lands devised to be sold shall not be accounted any of the Testators goods.  
The Fee for the Copy either of the Will or Inventory, is the same with that above allowed for registering the Will, or else the Register may take a Penny for every ten lines of the length, as aforesaid.  
The Officer that taketh more than his due Fee, shall forfeit that excess to the Party grieved, and besides 10lb to be divided betwixt the King and the same party grieved.  
This Act shall not alter the Customs, where less money hath been for probate of Testaments.  
The Ordinary may convent Executors to prove the Testators Will, and to bring in the Inventory as before, notwithstanding this Act.   

CHAP. LIII. How Lands and Tenements may be by Testament (or otherwise disposed of) Enacted. Anno 32. H. 8.  
EVery person having Manors, Lands, Tenements, or Hereditaments, holden in Soccage, or of the nature of Soccage Tenure, and not having any such Manors, Lands, etc. holden of the King by Knights-service Soccage, or of the nature of Tenure in chief, Soccage Tenure in chief, nor of any other person by Knights-service, shall have power to give, dispose, will, and devise, as well by his last Will and Testament in writing, or otherwise by any Act executed in his life; all such Manors, Lands, etc. at his pleasure. Every person having Manors, Lands, etc. holden of the King in Soccage, or of the nature of Soccage in chief; and having any other Manors, Lands, etc. holden of any other person in Soccage, or of the nature of Soccage; and not having any Manors, Lands, etc. holden of the King, or any other by Knights-service, shall have power to give, will, dispose, and devise, as well by his last Will and Testament in writing, as otherwise by any Act executed in his life; all such Manors, Lands, etc. or any of them at his pleasure.  
Howbeit, all such Primer Seisins, Reliefs, Fines for Alienations, and all other rights and duties for Tenors in Soccage, or in the nature of Soccage in chief, as have been heretofore used, are saved to the King and the said Manors, Lands, etc. are to be taken, had and sued out of the King's hands, by the person or persons to whom they shall be so disposed, willed, or devised, in like manner as hath been used by any Heir or Heirs, before the making of this Statute.  
Every person having Manors, Lands, etc. of Estate in Inheritance, holden of the King in chief by Knights-service, or of the nature of Knights-service in chief, hath power by his last Will in writing, or by any other Act executed in his life, to give, dispose, will, or assign two parts thereof in three parts to be divided, or else so much thereof as shall amount to the yearly value of two parts thereof in three parts to be divided, in certainty and by special divisions, that 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.  
Here also the custody, Wardship, and Primer Seisin, or any of them, as the case shall require, of as much of such Manors, Lands, etc. as shall amount to the clear yearly value of the third part thereof: as also all fines for Alienations, upon such alteration of the  or Inheritance, are saved to the King.  
Every person having Manors, Lands, etc. of Estate of Inheritance, holden of the King in chief by Knight-service, and having other Manors, Lands, etc. holden of the King, or any other by Knight-service, or otherwise, hath power to give, dispose, or will, or assign by Will in writing, or otherwise by Act executed in his life, two parts thereof in three parts to be divided, or so much thereof as shall amount to the yearly value of two parts thereof, to be severed as aforesaid, for the advancement of his Wife, preferment of his Children, and payment of his Debts, or otherwise at his pleasure.  
Here likewise the Custody, Wardship, Primer Seisin, and Fines for Alienation are saved to the King, as before.  
Every person having Manors, Lands, etc. of estate of Inheritance, holden of any other Lord by Knight-service, and other Lands in Socage, or of the nature of Socage, may give, dispose, assure by will, or otherwise, by Act executed in his life, two parts of the Knight-service Land, or so much thereof, as shall amount to the yearly value of two parts, as aforesaid; and also all the Socage Land at his pleasure; saving to such Lord (for his Custody and Wardship) so much of the Knight-service Land, as shall amount to the yearlyly value of the third part thereof.  
Every person having Manors, Lands, etc. holden of the King by Knight-service, and not in chief; or any Manors, Lands, etc. holden of the King by Knight-service, and not in chief, and other Manors, Lands, etc. holden of any other person by Knight-service, and also other Manors, Lands, etc. holden of any other person in Soccage, or in the nature of Soccage, may give, dispose, will, devise, and assure by his last Will, or otherwise by Act executed in his life, two parts of the said Knight-service Land, or so much thereof, as shall amount to two parts of the yearly value thereof, as aforesaid, all the Soccage Land at his will and pleasure: Howbeit, here also the Custody and Wardship, of so much of the said Knight-service, Manors, Lands, etc. as shall amount to the yearly value of the third part thereof, are saved to the King, and other Lords respectively; and if the King, or other Lord, have not (in this case) a full third part set out for them, they may (respectively) take into their possession so much of the other two parts, as will make it a full third part.  
Provided that all persons shall sue Livery for Possessions, Reversions, or Remainders, and pay Reliefs and Heriots, as they did before the making of this Act.  
Fines for Alienations shall be paid in Chancery upon Writs of Entry in the Post for common Recoveries, suffered of any Manors, Lands, etc. holden of the King in chief, in like manner, as upon Alienations of such Manors, Lands, etc. by Fine or Feoffment: Howbeit, no other Fine shall be paid there for any such Writs, but only such Fines for Alienations.  
Where two or more hold any Manors, Lands, etc. of the King by Knight-service, jointly to them and their Heirs of one of them, and he that hath the Inheritance dieth, his Heir being within age, the King shall have the Ward and Marriage of such Heir, the life of Free holder or Free holder's notwithstanding: saving to every Woman her Interest of Dower, in such Lands to be assigned out of the two parts thereof, severed from the third part, as abovesaid, and not otherwise, and saving also the King the Reversions of all such Tenants by joynt-Tenure and Dower, after the death of such Tenants, in case they happen to die, during the Nonage of the King's Ward.   

CHAP. LIV. Matrimony and Marriage.  
ALl Marriages shall be adjudged lawful which are not prohibited by Gods Law. 
What marriages shall be lawful. Spiritual persons may marry.  32 H. 8.38. All Laws, Canons, Constitutions, and Ordinances which prohibit Marriages to spiritual Persons (who by God's Law may marry) and all forfeitures therein shall be void. 2, 3. E. 6.21. 
Bigamus is Felony.   
A Bigamus shall suffer death as a Felon, unless he or she have had no notice that the Husband or Wife was living within seven years before, or the Marriage be severed by Divorce.  
This Felony shall cause no corruption of blood, 
Bigamy causeth no corruption of blood, etc.  or loss of Dower or inheritance 1 Jac. 11.   

CHAP. LV. Of Vourcher.  
VOucher is when a Praecipe quod reddat of Land is brought against a man, 
What Voucher is.  and another aught to Warrant the Land to the Tenant, than the Tenant shall Vouch him to Warranty, and thereupon he shall have a Writ called Summoneas ad Warrantizandum: And if the Sheriff return, that he hath nothing by the which he may be Summoned, then there shall go forth a Writ called Sequatur sub suo periculo, and when he cometh, he shall plead with the Demandant, and if he come not, or if he come and cannot bar the Demandant, than the Demandant shall recover the Land against the Tenant, and the Tenant shall recover as much Land in value against the Vouchee, and thereupon shall have a Writ called Capias ad valentiam against the Vouchee.   

CHAP. LIV. Vourcher and Connter-Plea of Vourcher.  
WHen any demandeth Land against another, 
A Tenant impleaded voucheth the vouchee denieth the Warranty.  and the party that is impleaded Voucheth to Warranty, and the Vouchee denieth his Warranty in this case, like as the Tenant should lose the Land in Demand in case where he Vouched, and the Vouchees could discharge himself of the Warranty: In the same wise shall the Vouchee lose, in case where he denieth his Warranty, and if it be found and tried against him that he is bound to Warranty; And if an Enquest be depending between the Tenant and the Vouchee, and the Demandant doth desire a Writ to cause the Jury to appear, it shall be granted unto him. West. 2.13. Ed. 1.6.  
In a Writ of Mortdancester, of Cozenage of Ayel, nuper obiit, of Intrusion, and the like, whereby Lands or Tenements are demanded, 
Counterpleading of Voucher.  which ought to descend, avert, remain, or escheat, by the death of any Ancestor, or other wise, if the Tenant Vouch to Warranty, and the Demandant counterpleadeth him, and will avert by Assize, and by the Country, or otherwise, as the Court will award, that the Tenantor his Ancestor (whose Heir he is) was the first that entered after the death of him whose seizin he demandeth the Averment of the Demandant shall be received, if the Tenant will abide thereupon, and if not, be shall be further compelled to another answer. And in a Writ of right, 
Vourcher in a Writ of right.  if the Tenant Vouch to Warranty, and the Demandant will counterplead him, and be ready to aver by the Country, that he that is Vouched, nor his Ancestors had never seisin of the Land, or Tenement demanded Fee, or service by the hands of the Tenant, or his Ancestors, since the time of him whose seisin the Demandant declareth, until the time that the Writ was purchased, and the Plea moved; whereby he might have Enfeoffed the Tenant or his Ancestors, and then shall the Averrement of the Demandant be received, if the Tenant will abide thereupon, and if not, the Tenant shall be further compelled to another answer, West. 1.3. E. 1.39.  
And whatsoever Tenant do Vouch, and the Demandant will aver in form aforesaid, his Averrement shall be admitted, whether the party Vouched be absent or present, without any respect had thereunto, 20. E. 1. Stat. de vocatis ad Warantum.  
In all Writs of Entre which make mention of degrees, 
Vourcher in Writs of Entre.  none shall Vouch out of the Line, or in other Writs of Entre, where no mention is made of degrees, which Writs shall not be maintained but in cases where the other Writs of degree cannot lie nor hold place, 3. E. 1.39.  
If percase the Tenant hath a deed that compriseth Warranty of another man which is bound in none of the cases aforesaid, 
Warrantia chartae.  to Warranty of an Elder degree, his recovery shall be saved unto him by a Writ of Warrantia Chartae out of the Chancery, when he will purchase it, but the Plea shall not be delayed therefore, West. 1.3. E. 1.39.  
If the Tenant will Vouch to Warranty a dead man, 
Vourcher of a dead man.  and the Demandants will aver, that the Vouchee is dead, or that there is none such, their Averment shall be received without more delay, 14. E. 3.18.  
If one being impleaded in the City of London do Vouch a foreign to Warranty, 
One impleaded in London doth Vouch a foreign.  the Mayor and the Bailiffs, shall adjourn the parties before the Justices of the Bench at a certain day, and shall send their Record thither, and the Justices shall cause the Warranter to be summoned before them, and shall try the Warranty. And the Mayor and the Bailiffs shall surcease in the mean time in the matter that dependeth before them by Writ, until such time as the Warranty be determined before the Justices of the Bench: And when the matter shall be determined, Commandment shall be given to the Vouchee to departed into the City, and to answer unto the first Plea, and the Demandant at his Suit, shall have a Writ from the Justices of the Bench, unto the Major and Bailiffs, that they shall proceed in the Plea: And if the Demandant recover the Tenant shall come to the Justices of the Bench, and have a Writ to the Major and Bailiffs, that in case the Tenant have lost his Land, they shall cause it to be extended, and and return the same extent unto the Bench at a certain day, and after it shall be commanded to the Sheriff of the Shire where the Warranty was Summoned, that he shall cause the Tenant to have of the Lands of the Warrantor to the like value, and if it fortune that the Tenant make default, at the day that is assigned him in the Bench, then shall there go forth a Writ from the Justices of the Bench to the Major and Bailiffs to seize the Land demanded into the King's hands by Petite Cape, and to Summon the Tenant, that he be at the Hustings at a certain day, whereat the Justices shall be advised to give judgement upon the same default, if he cannot save it; And if he can save it, than the Justices shall be certified thereof by their Record, and by the same record they shall plead the Warranty, Cloucest. 6. E. 1.12. An. 9 E. 1. Articul. Stat. Gloucest.  
None being Vouched to Warranty before the K. Just. in Plea of Land or Tenement shall be amerced, 
Day given to him that is Vouched.  because he was not present when he was Vouched to Warranty, except the first day of the coming of the same Justices. But if he that is Vouched to Warranty be within the County, the Sheriff shall be commanded that he shall cause him to appear with the 3d. or 4th. day according to the distance of the places, as the Justices in Eire have used to do. And if he do remain out of the County, than he shall have reasonable Summons of 15. days at the least, according to the Justice's discretion, and the Common Law, Marlb. 52. H. 3.26.   

CHAP. LVI. Of Warranty.  
WArranty is in three manners, that is to say, 
Warranty is of three sorts.  Warranty Lineal, and Warranty Collateral, and which beginneth by Disseisin.  
Warranty Lineal is where a man seized in Fee, 
Lineal Warranty.  or in tail, maketh a Feoffment by his deed to another, and bindeth him and his Heirs to Warranty, and hath Issue a Son, and dyeth, and the Warranty descendeth to his Son, that is Lineal Warranty, for that if no deed with Warranty had been made, than the right of the Lands should have descended to the Son, as Heir to his Father, and he shall convey the dissent from the Father to the Son. But if the Tenant in the tail discontinue the tail, 
Collateral Warranty.  and hath issue and dyeth, and the Uncle of the issue releaseth to the discontinued with Warranty, etc. and dyeth without issue, this is a Collateral Warranty to the Issue in the tail, for that the Warranty descendeth upon the Issue, the which may not convey him to the tail, by mean of his Uncle. And in every case where a man demandeth Lands in Fee-tail by Writ of Formedon, if any Ancenster of the Issue in the tail which hath possession, or which hath not possession, maketh a Warranty, and he that sueth a Writ of Formedon, by possibility by matter that may be done, might convey to him Title by force of the gift by him that made the Warranty, etc. That is then a Lineal Warranty, and by such a Lineal Warranty the Issue in the tail shall not be barred, except that he have assets to him descended.  
But if be may not by no possibility that may be, convey to him Title by force of the gift by him that made the Warranty then that is a Collateral Warranty, and by such a Collateral Warranty, the Issue in the tail shall be barred without any assets. And the cause that such a Collateral Warranty is a bar to the Issue in the tail, is for that that all Warranties before the Statute of Gloucester, which descended to them which be Heirs to them which made the Warranties, were bars to the same Heirs to demand any Lands, except the Warranties that began by disseisin, and for that that the said Statute hath ordained, that the Warranty of the Father shall be no bar to his Son for the Lands which come to the Heritage of the Mother, nor the Warranty of the Mother shall be no bar to the Son, for the Lands which come of the Heritage of the Father by the Statute. 11. H. 7. Cap. 20. And none of the Statutes have made or ordained remedy against the Warranty that is Collateral to the Issue in the tail, and therefore the Warranty that is Collateral to the Issue in the tail, is yet in his force, and shall be a bar to the Issue in the tail as it was before the Statute. And it behoveth that all Warranties, whereby the Heir shall be barred, that the Warranty descended by course of the Common Law, to him which is. Heir to him that made the Warranty, or else it shall be no bar, for if the Tenant in the tail of Lands in Borough English, where the youngest Son shall inherit by the Custom, discontinueth the tail, and hath Issue and Sons, and the Uncle releaseth to the discontinued with Warranty and dyeth, and the younger Son bringeth a Formedon, yet he shall not be barred by such Warranty, Causâ quâ supra. And if any man maketh a Deed with Warranty, whereby his Heir should be barred, and after he that made the Warranty be attaint of Felony, than his Heir shall not be barred by such Warranty, for that that such Warranty might not descend upon him, for that that the blood is corrupt.  
Warranty beginning by diseisin, is, 
Warranty by disseisin.  if the Son purchase Lands, and after let the Lands to his Father for term of years, and the Father by his Deed infeoffeth a stranger, and bindeth him and his Heirs to Warranty, and the Father dieth, whereby the Warranty descendeth to this Son, but the Son may well enter notwitstanding his Warranty, for that that this Warranty begun by disesin, when the Father made the Feoffment which was a diseisin to the Son; And as it is said of the Father, so it may be said of every other Ancester. And the same Law is, if the Ancester be Tenant by Eligit, or by Statute Merchant, and make a Feoffment with Warranty, such Warranty shall be no Bars, because they begin by diseisin.  
In Deeds where it is contained, 
Warranty by dedi & Concessi.  Dedi & concessi tale cenementum, viz. I have given and granted such a Tenement, without Homage or any clause that containeth Warranty, and to hold of the Donors and their Heirs by a certain service, the Donors and their heirs be bound to Warranty; and where it is contained Dedi & concessi, etc. to hold of the chief Lords of the Fee, or of any other then of the Feoffors, or their Heirs reserving no service to himself, without Homage, or without the aforesaid clause of Warranty, his Heirs shall not be bound to Warranty, but the Feoffor by reason of his gift shall be bound to Warranty during his own life. 
The Husband doth alien his Wives Lands with Warranty.  Stat. de Bigamus. 4 E. 1.6.  
If a man alieneth the Land, he holdeth by the Courtesy of England, his Son shall not be barred by the Deed of his Father (from whom no Heritage to him descended) to demand and recover by Writ Mortdauncester of the seisin of h s Mother, although it be mentioned in the Deed, that his Father did bind him and his Heirs to Warranty. And if any Heritage descend to him of his Father's side, than he shall be barred for the value of the Heritage that is to him descended. And if in such case, 
Assets.  after the death of his Father, any Inheritance descend to him by the same Father, then shall the Tenant recover against him of the Seisin of his Mother, by a Judicial Writ, that shall issue out of the Rolls of the Justices before whom the Plea was pleaded, to resummon his Warranty, as before hath been done in like Cases, where the Heir of the Warrantor cometh into the Court, saying nought descended from him, upon whose Deed he is vouched; And in like manner, the Issue of the Son shall recover by Writ of Cozenage, Ayel, and Besaiel. Likewise and in like manner the Heir of the Wife shall not be barred after the death of his Father and Mother, to demand by acttion the Inheritance of his Mother by Writ of Entry, which his Father did Alien in the time of his Mother, whereof no Fine is levied in the King's Court. 
Gui in vita.  Glouc. 6 E. 1.3.   
FINIS.