Law, Book 2 · Chapter 6 – Chapter 7
CHAP. 6.
Of Seigniories.
HItherto of Tenements.
Bare Hereditaments are thoſe which are not holden, and concerne the land or perſons.
Thoſe that concerne the land, are extinguiſhed or gon for euer when he that hath them hath alſo the poſſeſſion of the Land that they concerne, in as high and continuing an eſtate as hee hath the hereditaments:
Otherwiſe they are but ſuſpended or gon for the time.
As if the Lord purchaſe the Tenancie in 34. Aſſ pl. 15.fee, and though it bee to him and another, and that other ſuruiue For his eſtate is as high in the tenancie as it was in the ſeigniorie.
But if one that hath a rent charge in fee, grant it for life to the Tenant in fee of the land, ot in fee to the Tenant for life, of the land, that is by a ſuſpenſiō of the rent. And therefore (a)Abridgment of Aſsiſesin the firſt caſe it may be with a remainder ouer, and (b)Park.in the ſecond the Tenant may grant it in his life, & his heire ſhall hauehave it after his death. For the eſtate was not ſo high in the one as in the other.
So if a man that hath a rent charge in fee going out of land, entermarrie with a woman Tenant in fee of the land: or if the Tenant infeoffe his Lord vponupon Condition. For there in the firſt caſe the husband may 5. E. 3. 16.grant this rent, notwithſtanding the entermarriage: and in the ſecond caſe, if the tenant Park. 19:enter for the condition broken, the ſeigniorie is reuiued. For the eſtates are alike perdurable.
Theſe are leuiable by diſtreſſe, or ſuch as cannot be diſtreyned for.
Diſtreſſe is a taking of chattels As (a)2. H. 4. 15.a Cart full of Corne, a fold (b)20. E. 4. 3.of Sheepe, &c. a (c)14. H. 8. 25.Mill ſtone, &c. if it bee not part of the Mill, though it bee fixed to a piece of timber with nailes, windowes, and dores, when they are remoued off from the hookes. But a Mill-ſtone, though it be lifted vp to be picked and beaten: yet ſo long as it lieth vponupon the other ſtone, remaineth parcell of the mill, and cannot bee diſtrained. No more can windows and dores hanging vponupon the hookes, though they bee remoueable, found vponupon the ſame land, but in 9. H. 6. 9. 13. E. 4. 6.other land not holden of him, hee cannot diſtrein for his ſeigniorie except it be by the Tenants grant, for ſatiſfaction of arrerages for diſmes let reſeruing a rent, cannot be diſtreyned for the rēt, not when they are ſeuered from the ninth part, in as much as 11. H. 4 40.there is no diſtreſſe but vponupon Land in Demeſne, neither could a diſtres be taken vponupon 3. Mar. Pl. 154.… Piſtarie, but that it containeth land and demeſnes.
Prerogatiue.
The King may diſtreine in another 9. H. 6. 9. 13. E. 4 6.land of the ſame mans for his ſeigniorie or rent charge, but ſo ſhall not his Grauntee. 9. H. 6 9. is, That a common perſon cannot diſtreyne for his ſeigniorie, but in the land holden of him, except it be by his Tenants grant. But the King may in any place. 13. E. 4. 6. is, That the King for his ſeruices or for a rent charge, may diſtreine in al his Tenants lands. But ſo ſhall not the Kings Grantee.
Statutes.
Marlb. cap. 15. Diſtreſſes ſhal not be taken in the High way or Common ſtreete; but by the King or his Officers hauing ſpeciall authoritie.
Artic Cler. ca. 9. Nor in the antient fees of Churches.
The diſtreſſe being put in pounde ouert, or open pound; that is, ſome place where the owner may lawfully come at them, as if they be things that hauehave life, to giuegive them meate &c he that diſtraineth ſhall not bee 9. E. 4 2.charged, what hurt ſoeuer they receiue. for quick Chattel muſt be put in pound ouert, that the owner may giuegive them ſuſtenance: dead, neede not. But if they be marred in his default that diſtreyneth, he ſhal anſwer for them.
Statutes.
Marlb. cap. 4. None ſhall leade diſtreſſe out of the Countie where they were taken. The neighbor that doth it to his neighbor, ſhall be fined. The Lord that doth it to his Tenant, ſhall be amerced.
1. & 2. Phil. & Mar̄ cap 12. No diſtreſſe of Cattell ſhall be driuen out of that hundred, rape, wapentake, or lat…, where it was taken: except to a pound ouert within the Shire, not aboue three miles from the place where it was taken. No diſtreſſe taken at one time ſhal be impounded at ſeueral places, wherby the owners ſhal be conſtrained to ſue ſeuerall repleuies, the paine of both theſe v. l. and treble damages. No perſon ſhal take aboue iiij. d. for the poundage for any whole diſtreſſe impounded: & where leſſe hath beene vſed, there to take leſſe, vponupon paine of v. l. and loſſe of the money hee he hath taken aboue iiij. d. any preſcription notwithſtanding.
Bare heredieaments that may bee diſtrained for, are a Seigniorie, & Rent-charge.
Seigniories are ſeruices wherby lands are holden.
Seruices are common to all certaine Eſtates, or proper to Inheritances.
Common, as fealtie, and rent ſeruice, whereof fealtie is incident to euerie ſuch eſtate. For Leſſee for life or yeares, ſhal do Li…tlet. 29.fealtie of common right.
But Tenant at will ſhall not, becauſe he hath no ſure eſtate. And therefore the ſeigniorie Lit. 23.or tenancie being altered (whether by diſcent or grant) it muſt be done anew.
All other both common and proper) grow by reſeruation.
Fealtie is an oth to be faithfull to his Lit. 19.Lord for the tenements.
Rent ſeruice is a rent to bee paid to the Lord at certain ſet times.
And to this place we may referre al ſeruices that lie in feſance. As to be ones butler, Park 12.to couer his houſe, to ſcoure his ditches, &c. But a reſeruation of things in prender or vſer, as to hauehave Cōmon for foure beeues, or foure cart loads of wood, maketh no Tenure.
Of which kind, two among the reſt are ſpecially to be conſidered; that is to ſay, franke almoigne and diuine ſeruice.
Franke almoigne is, when a man of the Church holdeth freely in almes: For if an Abbot, tenant in Franke almoigne, alien to Littlet: 31.a ſecular man, he ſhal do fealty to the Lord, becauſe a ſecular man cannot hold in frank 7. E. 4. 10.almoigne. And the Tenant in this caſe holdeth of the Donour, and is within his fee. For the Kings grantee of ſtraies infra ſeoda ſua ſhall hauehave them in lands holden of him in franke almoine. And the tenant ſhall hauehave againſt him a Writ of meſne, or Ne iniuſte vexes. And if the Abbot tenant in franke Almoine, and all the monkes die, the lord ſhal hauehave the eſcheat; for the which he is bound to ſay prayers, & theſe prayers are the ſeruices But becauſe the prayers are not limitted in certaine, hée neither ſhall doe fealtie, nor is ſubiect to diſtreſſe or Ceſſauit, if they be not done.
The Lord muſt warrant ſuch a tenant againſt himſelfe and his heires, and ſaue 7. E. 2. ga… 79. Lit. 32. for aquit.him harmeleſſe of all manner of ſeruices againſt the Lords aboue, which wee call acquitaile.
Diuine ſeruice is a ſpiritual kind of ſeruice Litt. 30.limitted in certaine. As to diſtribute in almes to an hundred poore men, an hundred pence, &c.
Theſe are the ſeruices whereby euerie certaine eſtace may be holden.
There follow thoſe proper to Inheritances.
The grantee whereof ſhall hold of the grantor by ſuch ſeruices as he holdeth ouer, if other ſeruices bee not reſerued. As if Park. 134.there be Lord, and tenant by Knights ſeruice, and the tenant before the Statute of Quia emptores terrarum infeoffe a ſtranger of the Tenancie, without any thing reſeruing: Now the feoffee and his heires ſhall hold of the feoffor & his heirs by Knights ſeruice.
Or the grantor may appoint him to hold of the next Lord. As if before the Statute of Quia emptores terrarum, there were Lord meſne and Tenant, and the tenant infeoffe a ſtrāger to hold of the meſne; this is good, and the feoffee ſhall hold of the meſne by the ſame ſeruice that his feoffor held, and the feoffor cannot reſerue new ſeruices, for to them the meſne is a ſtranger. But if the feoffement were to hold of the Lord paramont, that were void. So if the feoffment were to hold of any other ſtranger.
Statutes.
18 E. 1. Quia emptores terrarum. In all feoffements to one and his heires, the feoffee ſhall hold his land of the chief Lord of the fees by the ſame ſeruices that the feoffor held before. If the feofment be made of parcell he ſhall hold of the chief Lord pro particula, according to the quantitie of the land, & the feoffor ſet free for the part.
A meſne, that is, he that holdeth ouer if it be by no greater ſeruices than the tenant holdeth of him, we cal it oueltie of ſeruices, whether they be the ſame as each of other by xx. s. or leſſe as he by xx s. and the tenant of him by xxx. s. muſt acquite the tenant of all maner of ſeruices againſt the lords paramout.
But Donees in franke-marriage cannot hold but by fealty. And therefore a gift in franke-marriage, rendring a rent, the 4 H. 6. 22.reſeruation is void, for it is contrary to the nature of a franke-marriage, which is, to render nothing till the fourth degree bee paſt. Some thinke the reſeruation good, and the franke-marriage therby deſtroyed. Old tenures, Fol. 7.But all agree, that the franck-marriage and the reſeruation cannot ſtand together. And that of the donor till the fourth degree be 17. E. ….paſt. And therefore a gift in frank-marriage, the remainder in tail to a ſtranger, is a good frank-marriage, for the reuerſion of the fee is in the donor, which maketh a tenure betweene them: otherwiſe it is, if the remainder were in fee. who muſt alſo Littlet. 4.acquit them of all manner of ſeruices. And therefore the Donees in frank-marriage 12. H. 4. ….may hauehave a Writ of Meſne.
Prerogatiue.
One that holdeth of the King, as of his 30. H. 8. Dy. 44.perſon, which is a tenure in chiefe. But if a Prince of Wales, before Statute of Quia emptores terrarum, make a feoffement to hold of his perſon, and after is made King, this is no tenure in chiefe, for a tenure in chiefe is the higeſt & moſt honourable ſeruice in law, becauſe it is to the chiefe head of the body of the Realme, and therefore muſt be immediate vntounto the King, & take his originall creation from the King himſelfe, not from a ſubiect. So to hold of the King, as of his honour of Glouceſter is no tenure in chief; for it is not of the Kings perſon, alienating the Freehold without (a) 14. E. 3. Q▪ impedit. 54.licence, forfeiteth the Land.
Statutes.
Mag Chart. cap. 31. By a common Eſcheat. of a Baronie, &c. to the king, the Tenant ſhall not hold in chiefe.
1. E. 6. cap 4. No more when a Seigniorie commeth to the King by treaſon or diſſolution.
1 E 3 cap. 12. The King from henceforth ſhall not hold as forfeit ſuch lands if they be alienated, but ſhall hauehave a fine for them in the Chancerie.
Seruices proper to eſtates of inheritances, are homage and ſuite of Court. For Tenant for life ſhall not Let. 19.doe nor take homage, but onelyonly tenant in fee ſimple or in taile, in his owne or anothers right. As the husband for lands that he ſo holdeth in the right of his Wife, if he hauehave an iſſue by her, ſhall doe homage in her life time; but not after her death, if he holds himſelfe in as Tenant by curteſie. Neither can a man at this day make a mannor 23. H 8. Br. compriſe 31.notwithſtanding that he giuegive Land to many ſeuerally in taile, to hold of him by ſeruices & ſuite of Court, for he may make a tenure but not a Court, for a Court cannot bee but by continuance time out of mind.
Homage is an oth of fidelitie, acknowledging Lit. 18.himſelfe to bee the Lords man: wherein the tenant muſt bee vngirt, vncouered, kneele vponupon both knees, and hold both his hāds together between the lords hands ſitting before him. This is to bee Lit 9.done onelyonly to the Lord himſelfe. But the Lords Steward or Bailife may take fealtie Lit ibid.for him, and but once during the Tenants (a) Lit. 33. b. 24. H. 8. Br. Br. foaltie 8.life. So as hauing done it once, he neither ſhall doe it againe to the heire of the Lord, or grantee of the ſeruices, nor to the ſame Lord, if other lands doe afterwards diſcend to the Tenant that are holden by homage of him. And though it bee in the Kings caſe.
Prerogatiue.
The Kings Chamberlain ſhall take homage F. N. B. 256. ….for him.
Statutes.
33. H. 8. cap. 22. A fee ſet downe for reſpiting 14 H 3 Stat. Hib. ſo reciteth it.of homage in the Exchequer or other Courts.
When an inheritance deſcendeth to coparceners, the eldeſt onelyonly ſhall doe homage,
Prerogatiue.
But if they hold of the King, all of them muſt doe it.
When one and his Anceſtors, whoſe heire he is, hauehave held by homage of a Lord and his Anceſtors, whoſe heire the Lord is, time out of minde, and the Lord hath receiued homage, for the Alienee of Tenant Lit. 33.by homage anceſtrell, holdeth not by homage anceſtrell, nor ſhall hauehave warrantie from the Lord, becauſe the continuance of the tenancie in the Tenant is diſcontinued. No more ſhall the Tenant himſelfe by homage anceſtrel, if he alien in fee, and afterwards take it backe againe. And if the Lord by homage aunceſtrell 18 H. 6. 2.grant his ſeignorie, the Tenant neede not atturne, vnleſſe the grauntee will warrant the land to the Tenant and his heires, for otherwiſe his warranty were loſt, becauſe by atturnment the homage aunceſtrell is deſtroyed. that bindeth him to warrant 45 E 3. 23.and acquit the Tenant. And the tenant 11 H 4. 52.may hauehave a Writ of meſne. But if the Lord Lit. 33.hauehave not receiued homage, he is not bound. Therefore ſuch a one may compell the Lord to receiue his homage by a Writ de homagio capiendo.45 E. 3. 13.
Suit of court is a ſeruice by comming to the Lords Court. For ſuit of Court Old tenures. F…l. vlt.one ſhall bee diſtreyned and not amerced, which prooueth it to bee ſuit ſeruice. But for a ſuit reall (which is to come to the Leet) he ſhall be amerced and not diſtreined: yet a tenure to come to a leet or hundred, 12. H. 7. 17:and to doe there ſome ſpeciall ſeruice, as to be a Crier, &c. is a good ſeruice, but not ſute ſeruice. And euerie ſute ſeruice is d. 21. E. 4. 25▪intended to a Court Baron.
Land in the Lords hands (whereof ſeuerall men hold by ſuit of Court) is termed a Mannor: the land conſidered apart from the ſeruice, is termed demeſnes.
Statutes.
Marl. ca 9. None ſhall be diſtreined to doe ſuite of Court vnleſſe he bee ſpecially bound to it by his Charter of feoffement; except ſuch as they or their anceſtors were woont to doe it, fortie yeares before the making of this Statute, whether they were infeoffed by deed or without.
The eldeſt Coparcener ſhall onelyonly doe ſuite of Court, and the other parceners contribute. And where there be many feoffees, the Lord ſhall hauehave but one ſuite, and the feoffees contribute.
The particular kinds of ſeruices (wherby lands of inheritance are diſtinguiſhed) be Socage and Knights ſeruice: both draw vntounto them certaine commodities to the Lord, partly in the tenants life, and partly after his death.
That in his life is a reaſonable aide or portion towards the making of the Lords eldeſt Sonne a Knight; and towards the marrying of his eldeſt daughter. It is called ayd pur faire fits Chiualier, 40. E. 3. 22.and pur file marier. And if the Lord confirm to his tenant to hold by fealtie and certain rent, releaſing all other ſeruices and demands; yet hee ſhall hauehave reaſonable aide, for it is incident to the ſeruices, and not releaſed by thoſe words.
Statutes.
Weſtm̄ 1. cap. 31. Reaſonable aide ſhall be twentie ſhillings for a whole Knights fee, and as much for xx. l. land in Socage: & ſo after the rate of more, more, and of leſſe, leſſe. The time of leuying it to make his ſonne Knight, muſt be when he is fifteene yeares old; to marrie his daughter when ſhe is ſeuen. If the father after the aid leuied die before he marrie his daughter; the fathers Executors ſhall bee charged to the daughter of ſo much as the father receiued, or his heire, if his goods be not ſufficient.
25. E. 3. cap. 11. Reaſonable aid to make the kings eldeſt ſon a knight, or to mary his eldeſt daughter, ſhall be leuied of all Land holden of the King, without mean, according to the rate in the former ſtatute.
The other after his death are Wardſhip, and reliefe.
Wardſhip is the cuſtedie of the bodie & Land of the heire within age, which ſhall Fitz. gard 67.be till xiiij. of a woman.
Reliefe is a portion to be paide by the heire to the Lord.
Socage is a tenure to be don out of war: Lit. chap. of Socage.As if one hold by fealtie onelyonly, or by fealty and certain rent, or by homage and fealty, or by homage, fealtie, and rent for all manner of ſeruices, or by eſcuage certaine, that is to ſay, by paying a certain ſumme of monie, as halfe a Marke, &c. and no more or leſſe (howſoeuer the Parliament aſſeſſe it) towards finding of a man for the war whē the King makes a voyage royall towards the Scots, &c. or by paying a certaine Rent for Caſtle-ward, &c.
Where the next of Kinne, to whom the inheritance cannot diſcend, As if land diſcended of the part of the father, then the mother, or next coſine of the mothers ſide: if of the part of the mother, then the father, or next friend of the fathers ſide ſhall hauehave the heires wardſhip till xiiij. to the Heires owne vſe. And therefore muſt render an account to the heire at his full age, of the iſſues and profits of his lands, & of the value of his marriage, if he marrie him within fourteene yeares of age. And if he die before the heires age of fourteene, yet his executor ſhall not hauehave the Wardſhip; no more ſhall the husband after the death of his wife, Gardian in Socage. But if the wife be Gardian in Socage, and the husband (or they both by indenture) let the land; yet the wife after her husbands death may enter: for in as much as ſhe hath it onelyonly in the right, and to the vſe and benefit of the Infant, the ordering and directing of this land ſhall not be taken from her by any act of her husband.
Statutes.
Marleb cap. 17. Gardian in Socage may not do waſt, exile, nor diſtruction, nor giuegive nor ſell the marriage but to the commoditie of the heire.
Here for reliefe the Lord ſhall hauehave preſently Littlet. ibid.ſo much as one yeares rent amounts vntounto. As if the tenant hold of the Lord by Fealtie, and x. s. rent payable at certaine termes of the yeare (as halfe yearly or quarterly) then the Tenant ſhall pay vntounto the Lord x. s. for reliefe ouer and aboue the x. s. that he ſhall pay for the rent, and that by & by, without tarrying till the day of payment of his rent, & of what age ſoeuer that the heire be.
Prerogatiue.
Tenure by Socage in chiefe giueth the King primer ſeiſin, or the value of that lād 33. H. 8. Br. Liuerie & onſter lomaine 60. Stamf. prer. c. 35. H. 6. 52. F. N. B. 250.by a yere, if the heire be of the age of xiiij at his anceſtors death: therfore there the heire ſhal be driuen to ſue his liuerie, but not if he be vnderunder xiiij, at the death of his anceſtor. And if being vnderunder xiiij he ſue his liuerie, it ſhall be vna cum exhibibus; but not if hee ſue it at xiiij. If one hold of the Kings perſon to doe ſomething concerning war, but not to be performed by the perſon of a mā, as to giuegive him yearely a bow, ſword, dagger, &c. it is called pettie Sergeantie, and is but a tenure in Socage.
Knights Seruice is a ſeruice touching Lit. chap. of knight-ſeruice.war to be don by the body of a man. As if one hold by Eſcuage vncertaine, that is to ſay, by being himſelf or ſome other for him with the King 40 dayes well and conveniently arrayed for the warre (if he hold by a whole knights fee; or 20 dayes if hee hold by the moity of a knights fee, & ſo by proportion) whenſoeuer the King maketh a voyage royal into Scotland, &c. elſe to pay ſo much mony as ſhall be aſſeſſed by parliament. F. N. B. 83. c.Or if a man hold of any Lord to keepe his Caſtle in time of warre (which is called Caſtle-gard) or to blow a Horne in time of inuaſion by enemies, which is called Cornage.
To all knights ſeruice homage is incident, 7. E. 4. 28.but not vntounto Socage. Here the Lordſhip is the (a)Littlet. 22.Lords (b)Lit. 72.to his own vſe, Therfore his executors ſhal hauehave the ward during the heires nonage (c)Br. gard 111▪& that til xxj of an heire male. And therfore if the lord marie a male that is his ward, before 21. yet he ſhal be in ward for the land til that age.
Statutes.
Mag chart. ca. 3. The lord ſhal take Homage of the heire before he hauehave wardſhip.
Marl c. 6. If one infeoffe his heirs within age to cauſe the lord to loſe his Wardſhip, & die, yet the lord ſhal hauehave the wardſhip.
So when a fraudulent feoffement is made by a Tenant, vponupon condition to reuers, after certaine yeares, to him or his heires, if the feoffees pay not a certaine ſumme, to the value, or more than the value of the Land. In this caſe the Lord ſhall hauehave a Writ, de cuſtodia reddenda; and if (being able to auerre this matter) hee recouer, yet the feoffees ſhall hauehave the Land againe, when the heires come to age. The Lord not being able to auerre this, ſhall render the feoffees their coſts and damages.
32. H. 8. Cap. 1. Two Iointenants or more, and the heires of one holding of the King, and he that fee dieth, the King ſhall preſently hauehave the wardſhip and marriage of the body of his heire, if hee be within age. Sauing to eueryevery woman her dower of two parts of thoſe lands, deuided from the third part, as aboue ſaid, and not otherwiſe, and ſauing to the King during the Wards minority, the reuerſion of ſuch Iointenants, and Tenants in dower.
Magna Chart. Cap. 3. The heire being made Knight within age, yet the land ſhall remaine in the Lords cuſtodie to the end of the tearme.
The wife ſhall be barted of her dower, both dower (a)2 H. 7. 6.at the Common law, and dower (b)4 H. 3. dower. 174.ex aſſenſu patris, or, (c)11 H. 3. dower 187.ad oſtium eccleſiae, ſo long as ſhe deteineth the heire from him. But in pleading ſhe muſt ſhew 2 H. 7. 6.the heires name, and whether it be male or female.
Wardſhip of the bodie giueth the Wards 2 H. 7. 9.marriage to the Lord, as a thing of meere right, pertaining to him. And that whether he will be married by the Lord or not.
Statutes.
Merton. Cap. 7. The Lord marrying the heire within foureteene yeares of age, in ſuch ſort as he be diſparaged, ſhall looſe the cuſtodie and whole commodity of the wardſhip, if the Wards friends complaine of it.
The heire full of age ſhall ſatisfie his lord for the value of his marriage, as much as any man would giuegive, before hee receiue his land.
Merton. Cap. 6. An heire, after foureteene yeares of age, marrying himſelfe without the Lords licence (who tendreth to him a couenable marriage) the lord ſhall hold the land, after the heires full age of one and twentie years, ſo long till he may receiue the double value of the marriage.
Weſtm̄. 1. Cap. 22. The Lord may hold the land of heirs females, two yeares after their age of 14. within which two years, if he marry them not, they ſhall goe quite, without giuing any thing for the Wardſhip or marriage. And if they wil not accept a couenable mariage tendred by the lord, he ſhall hold the land til xxj and ouer, till hee hauehave taken the value of the marriage.
4. & 5. Phil. & Mar. cap. 18. A woman aboue xij, & vnderunder xvj, agreeing to a perſon that contracteth matrimony with her contrarie to the form of the ſtat. (which ſee fo. …) the next of her kinne to whom the Inheritance ſhould come after her death, ſhal from the time of ſuch aſſent, hauehave all the lands, &c. which he had at the time in poſſeſſion, reuerſion, or remainder during her life.
If one hold ſundrie Lands of diuers Lords, the wardſhip of bodie goeth to the Lord of that land which the Tenant held firſt. Who is called a Lord by prioritie, and F. N. B. 142.the other by poſteriority. And it is the feofment of the land which maketh the prioritie: for the pleading is, That hee holdeth this land of him per antiquius feoffamentū, then he holdeth the other lād of the other. Therefore if the Tenant of Lands holden by prioritie, maketh a feoffement in fee, and take an eſtate backe againe in fee, this land ſhall bee holden by poſterioritie. But if the lord by prioritie grant his ſeigniorie in fee, yet the tenure ſhall bee of the grantee by prioritie. So though the grantor take an eſtate of the Seigniory backe againe in fee.
Prerogatiue.
The King ſhal hauehave the wardſhip of bodie, 12. E. 3. prer. 23.though the tenure of him be by poſterioritie. But his Grantee of the Seigniory ſhal not.
The eldeſt child (a)33. H. 6 55.whether ſon or daughter, being heire apparent to the father, ſhal not be in ward for his bodie during his fathers life. But if one hauing a ſonne, take F. N B. 143. l.a wife ſeiſed of Knights ſeruice, and hath another ſonne by her, and after the wife dieth: this ſecond ſonne ſhall be in ward during his fathers life, vnleſſe the husband be intituled to be tenant by curteſie.
Prerogatiue.
Tenure by Knights ſeruice in chiefe, giueth to the King the wardſhip of all other Stamf prer. 1. The ſtat. of prer▪ c. 1. 16. in this poynt but a declaration of the Common Law.lands alſo. And further, (a)33. H 8. Br. liuery ouſter lemaine 66.primer ſeiſin, or the value of them all by (b)Stam prer. 14.halfe a yere (if the heire were in ward) by a whole yeare (if he were not) (c)Br. Relief. 12.which primer ſeiſine muſt be paid, and reliefe alſo.
Reliefe for land holden by Knights ſeruice, amounteth to an C. s̄ for a whole Knights fee, to a C. marks for a Baronie; and to an C. pounds for an Earledome.
Mag. Chart. cap. 12. calleth this old Reliefe, & according to the old cuſtome of the fees, which proueth that ſtatute to be but an affirmance of the Common Law.
If the heire be within age at the Tenants Old Nat. Bren per Br. releif. 13.death, no reliefe ſhall be paid to the lords that are to hauehave the Wardſhip. And if one hold of ſeuerall common perſons by Knights ſeruice, the Lords by poſterioritie ſhall hauehave no reliefe, becauſe they are to hauehave the Wardſhip of the Land holden of them, though the Lord by prioritie onelyonly 24 E. 3. 24.hauehave the wardſhip of the bodie. But if in that caſe there bee any Land holden by Knights-ſeruice in chiefe, the heire at his full age ſhal pay reliefe to the other lords. For there the King hath the Wardſhip of all his lands.
Prerogatiue.
Grand Sergeantie, that is to ſay, Tenure …. 33. H 8. Dy. 44.of the Kings perſon, for euerie grand Serieantie is a tenure in chief, being of none but of the King, to doe vntounto him a more ſpeciall ſeruice whatſoeuer by the perſon of a man, as to beare his banner or Lance, Lit. 34.to lead his horſe, to carrie the ſword before him at his coronation, to be his ſewer, butler, or caruer, to be one of the chamberlains of the receits of the Exchequer, or to finde a man to war for him wherſoeuer within the foure Seas, for if he can find none to do the ſeruice for him, he muſt doe it himſelfe, is a b. 11. H. 4. 72. Lit 36.ſpecial knights ſeruice in chiefe, where the (d) Lit. 35. 11. H. 4. 72.king in ſtead of reliefe, ſhal hauehave the value of the Land by a yeare.
CHAP. 7.
Of Rent-charge.Lit. 48.
REnt charge is a rent with libertie to diſtraine. As when a man ſeiſed of land granteth by a Deede Polle, or by Indenture, a yearely rent going out of the ſame Land to another in fee or in fee taile, or for terme of life &c. with clauſe of diſtreſſe▪ or maketh a feoffement in fee by Indenture, reſeruing to himſelfe a certaine yearly rent, with clauſe of diſtreſſe.