The Principal Laws of England, Treatise · Part 34 – Part 39
¶ An acte for the assuraunce of fermoures, made .ā. 32. Hen. 8.
AL leases heereafter to be made of any manours lādes tenementes or other hereditamentes by wryting in…cted vnderunder seale for terme of yeres or for terme of life by any persons being of ful age of one and twenty yers hauyng any state of inheritāce either in … simple or in fee tayl in their own right or in the right of their churches or wy…es or ioyntly wt their wiues of any estate of inheritāce made before y• c…uerture or after, shal be good & effectual in the law agaynst y• lessours their wyues h…yres and successours according to such estate as is comprised in eueryevery such inden…i…ee of lease.
Prouided, that this acte shal not extende to any leases to be made of any lādes tenemētes or hereditamētes being in the handes of any fermo…t by vertue of any olde lease, onles the same olde lease be expired futrend…ed or: ended within one yeare nexte after the making of the sayd new lease, nor yet shal extende to any graunt to be made of any reuertion of any landes tenementes or hereditamentes, nor to any lease of any such landes tenementes or hereditamentes as hauehave not most commonly bene letten to ferme or occupied by the fermours therof by the space of .xx. years nexte before such lease therof made, nor to any lese to be made without impeachment of waste, nor to any lease to be made aboue the numbre of xxi. yeares or thre liues at the most from the day of making therof. And yt vponupon eueryevery such lease there be reserued yearly during the same lease dewe & payable to the lessours their heires and successours to whom the same landes shuld hauehave come after the dethes of the lessours if no such lease had bene therof made and to whom ye reuersion therof shal perteine according to their estates & interestes, so moch yerly rent or more, as hath bene most accustomably yelden for the same within .xx. yeres next before such leases therof made, & that eueryevery person to whome the reuersion therof shal perteine after the deathes of such lessours or their heires: shal hauehave such lyke remedy and auantage to al ententes and purposes against the fermours therof their executours and assignes, as ye same lessour shuld or myght hauehave had.
Prouided also that y• wyfe be made partie to eueryevery such lease as shall be made by her husbande of any landes being the inheritance of the wife, and that eueryevery such lease be made by indenture in the name of the husbande & his wife, and she to seale y• to same. And that the rent be reserued to the husbande and to the wife and to the heires of y• wife accordīg to her estat… of inheritance in the same. And that the husbande shall in no wise aliene discharge graūt or giuegive awey y• same rēt reserued nor any parte therof longer then during the couerture, without it be by fyne leuyed by the sayde husband and wyfe.
Prouided furthermore that this acte extende not to giuegive any lybertie or power to any persons to take any mo fermes leases or takings of any manours lādes tenementes or other hereditamentes, than they myghte lawfully hauehave done before y• making of this acte, nor yet extende to giuegive any libertie or power to any person or vicar of any church or vicarage for to make any lease or graunt of any their messuages landes tenementes tithes profytes or hereditamētes belonging to their churches or vicaragies otherwise than they myght hauehave done before the making of this acte.
❧ An acte that fermoures shall take auantage of condicions and couenantes, against graū tees of reuersions .ā. 32. Hen 8.
AL fermours and grauntees of lordships landes rentes personages tithes portiōs or any other hereditamentes for terme of yeares life or liues their executours administratours and assignes shal hauehave like action and remedy against all persons and bodyes polytike their heires successours and assignes whiche hauehave or shall hauehave any gift or graunte of the king or of any other person of the reuersion of the same lordships landes tenementes and other hereditamētes so letten or any parcel therof for any condicion couenant or agrement conteyned in the indentures of their lease as they might hauehave had against their sayd lessours and grauntours their heires or successours, al benefytes & aduantagies of recouries in value by reason of any warranty in dede or in law by voucher or otherwise onelyonly excepted.
Prouided that this acte shall not extende to hinder or charge any person for the breche of any couenant or condition comprised in any such writing as is aforesayd, but for such couenantes and condicions as shall be broken or not perfourmed after the fyrst day of Septembre in the .xxxii. yeare of this king and not before.
❧ Of falsifieng of recoueries by fermers, inacted .ā. 21. Hen. 8.
All fermers or lessees for terme of yeares may herafter falsefie for their terme onelyonly, recouerees had by fayned titles aswell as a tenaunt of frehold might at the comen law, And the same fermers or termers their executours and assignes shal enioy their sayd termes according to their leases agaynst suche recoueries euen as yf none such had be suffered. In whiche case neuertheles the recouerer, after such recouery had, shal hauehave lyke remedy against the termers by auowry or action of dette for rentes and seruices reserued vponupon the same lesses, being dew afore the same recoueries, and lyke actions for waste done after the same recoueries, as the lessours myght hauehave had if no such recouery had be had. Furthermore no statute staple, statute marchant, nor executiō by elegit shalbe herafter auoyded by any such fayned recouery, but like remedy shalbe had to auoyd and falsefie the said recoueries, as by the premisses is ordeined for the fermour or lessee for terme of yeares.
❧ An acte for auoiding of recoueries by collusion against tenātes for terme of lyfe .ā. 32. Hē. 8.
WHere diuerse persons being seased of landes tenementes and hereditamētes, as tenātes by y• courtesy of Englande, or otherwise onelyonly for terme of life or liues, hauehave heretofore suffred other persons by agremēt or couin betwene them had, to recouer the same against them in the kinges court, by reason whereof, those ꝑsons to whome the reuersion or remainder thereof hath belonged, hauehave after the dethes of ye same particular tenantes bene driuen to their actions for the recontinuance and obteyning of ye said landes and tenementes so recouered, to their greate & importable charges and expenses, and somtime hauehave bene clerely disherited of y• same: it is therfore inacted, that all suche recoueries herafter to be had or prosecuted by agrement of the parties or by couin, against any suche particular tenant of any landes or hereditamentes, wherof ye same particular tenant is or herafter shal be seased, as tenāt by ye curtasie of England, tenant in taile after possibilitie of issue extincte, or otherwise for terme of lyfe, shal from hensforth, as against such persons to whō the reuersiō or remainder therof shal then appertayn & ageinst their heires and successours, be clerely voyde and of none effecte.
Prouided alway, that this act shal not extend to any person yt shal hereafter by good title recouer any hereditamentes without frawde or couin against any such partituclar tenant by reasone of any former right or title, nor to auoyd any recouery hereafter to be had against any such particular tenaunt by thassent and agrement of those in the reuersion or remaynder, so that the same assent and agrement do appere of record in ye kinges court.
❧ Of discontinuance
IT is called a discontinuāce by the lawes of Englande, when he that hath the possession of landes or tenementes for the time present & yet not hauing the fe simple in himselfe nor in his own right only maketh an alt… enation of the same lādes to an other person, by reasō wherof, he that shuld hauehave them after him, and which then hath right vntounto them, can not entre into them, but is driuen to his remedy by wey of action, in such wise that the sayd landes be not vtterly shifted and gone trō such person of persons as hauehave right vntounto them, but be alō ly discontinued for a time, til the person which after the death of such discontinuer hath right vntounto them, do recōtinew & bring them home againe not by entrye but by sute and wey of action. As for exemple, if tenāt in taile of certaine landes doth infeffe an other in the same, in se simple or fe taile and hath issue and …peth, his issue can not entre into the landes, though he hath title and right vntounto them, but is put to his action, whiche is called … formedone in the descendre. And if such tenāt in taile which maketh such a feoffement, hath no issue at tyme of his death, it is yet neuerthelesse a discontinuance to him which is either in the reuersion or in the remaindre, so that neither thone nor thother can entre, but they be driuen to their action he in the reuersion to his formedone in the reuertir, and he in the remaindre to his formdone in the remaindre.
In like maner if a bishop doth aliene landes which be parcel of his bishoprich, and dyeth: this is a discontinuance to his successour, forasmoch as he can not entre, but is driuen to his writ of entre sine assēsu capituli.
Semblably, if a Deane be sole seised of lādes as in y• right of his deanrye and maketh suche an alienation, this is a discontinuance to his successour. Also if the maistre of an hospital alieneth certaine lād…s of his hospital, this is a discontinuāce and his successour can not entre, but is put to his writte de íngressu síne assensu cō fratrum & sororum.
But if a persō or vicare of a church will alien any landes or tenementes, whiche be parcell of his glebe landes to an other in fe simple or in fe taile, and dyeth or resigneth his benefice: this is no discontinuance to his successour, but that he may very wel entre, not wtstandinge suche alienation made by his predecessour. The cause of this difference Master Litletonne doth largely declare in his boke of Tenures, which to auoid ꝓlixitie I here omitte and remitte you to him.
Only of this one thing I wil admonishe you, that in the .xxxij. yeare of this kingꝭ most noble reigne, it is inacted, that no fine feffement or other acte to be made or suffred by the husband only, of any landes or tenemētꝭ being the inheritāce or frehold of his wife, duringe the couerture betwene them, shalbe any discōtinuāce therof, or be preiudicial or hurtful to the said wife or to her heires, or to such as shal hauehave right title or interest to the same by the death of such wife, but that the same wife and her heires, and such other to whom such right shall apperteine after her decesse, shal & may thā lawfully entre into all such landes & tenemētes according to their rightes and titles therin.
❧ That wrongful disseisin is no discent in the law, inacted .ā. of wrongful disseisin. 32. Hen. 8.
WHere diuers persons afore this time hauehave by strength and wt out title entered into lādes tenemētes and other hereditamentes and wrōgfully disseased & dispossessed y• rightful owners and possessours therof. & so being seased by disseisin hauehave therof died seased by reason of whiche dieng sesed, the parties y• were so disseised and dispossessed or such other persons as before suche discent myght hauehave laufully entred into y• said lādes and tenementes be therby clerely excluded of their entre into y• said lādes and tenementes & put to their action for their remedy and recouery therin: it is inacted, that the di…g seased herafter of any such disseisour of any lā des tenemētes or other hereditamēts hauing no right or title therin shall not be taken or demed any such discent in the lawe for to take away the entrie of any suche persons or their heires whiche at the tyme of the same discent had good and lawful title of entre into the saide landes tenemētes or hereditamendtes, Excepte that such disseasour hath had the peasible possession of the lādes tenementes or hereditamētes wherof he shal so die seased by the space of fiue yeares nexte after the disse…sin by him commytted without entre or continual clayme by such as hauehave lawful title therunto.