The Principal Laws of England, Treatise · Part 16 – Part 17
Of lyuery of season, and of atturnement.
IN al feffemētes, giftes in tayle leeses for terme of lyfe, or for terme of an others lyfe of landes or tenementes, there can be no alteration or transmutacion of possession by the aunciente lawes of thys realme, on lesse there be a certayne cerimonye adhibited and solempnised in the presence and syght of neyghbours or others, whych ceremony is called liuerye of seasone.
And ye shal vnderstand, that this ceremonye of lyuerye of seasone is done, whan the feffoure, donour, lessoure or theyr deputy come wyth the neighboures solemply to the landes or tenementes, and there put the feffee donee or lessee in possession of the said landes or tenementes by deliuering vntounto him a clod of earth, or the ring of the dore, orsome other thyng in the name of seasone, & for this self cause this ceremonye of lawe is called lyuerye of seasone, that is to witt a tradicion or gyuynge of seasone.
But this ceremony is not required in lessees for terme of yeares, or in leeses at wyll, in as moche as the lessoure in suche case remaineth styll seased, and the lessee hath onelye the possession wythout the seasine and … the termes of the lawe be, that suche a man is possessed, where as in feffementes, giftes in taile, and leeses for lyfe, he is called seased.
Wherfore yf a feffemente or lees for life be made of lādes or tenemēts and before that the liuery of seasine be made the feffoure dyeth, the heyr of the feffoure shall hauehave the landes per summum ius, yt is to lay by the rigoure of the lawe, notwithstandyng that the feffee hath payde to the feffour the price of the land, & although the feffee be in possession. But otherwise it is of a lese for terme of yeres.
I lyke ceremonye is vsed whan rente charges, whan rente seruyces, and suche other thynges as passe by wey of graunt, be graunted, for it is no full and perfyte graunt tyll it be consygnate as it were wyth the ceremonye of atturnement.
This atturnemente is nothynge elles, but whan the tenaunte of the land of which the reuersion is graū ted, or out of whyche a rente is graū ted, do make some euident signification and token that he accepteth the persone to whom the graūt is made to be in the same respecte vntounto hym that the grauntoure was. As for an exemple if the tenaunte of the lande after he hauehave herde of the graunt cō meth to the grauntee, that is to wyt, to the persone to whom the graunte was made, and saye in thys wyse, or in lyke effecte.
I agree me to the graunte made vntounto you by suche a man, or I am well a payde and contented of the graunt that suche a man hath made vntounto you. But the moste vsuall and frequent forme of atturnement is to saye: Syr I atturne vntounto you by force of the said graunt, or I become your tenaunt, or to delyuer vntounto the grauntee a penye or a halfe penye by waye of atturnemente.
Yf a man maketh fyrst one graūt to one persone, and after an other to ane other persone, that graunte shal stande to whyche the tenaunte wyll atturne, althoughe it be the latter.
And ye shal note, that if a man be seased of a Manoure whyche is percell in demene, and percell in seruice, and doth aliene the same Manoure to an other, onlesse the tenauntes of the Manoure do atturne, the seruices shal not passe only tenauntes at wyll excepted for it nedethe not to cause them to atturne.
Note furthermore that there is a greate difference bytwene giuynge a penye in name of seasin, and gyuyng it by waye of atturnement, for whan it is gyuen of the tenaunt to y• graū tee in name of seasin, it dothe not only implye an atturnement, but also it gyueth him suche a seasin, that if the rente afterwarde be behinde and not payd, he may now vppon y• seasin of the penye, after a lawfull distres and after rescus made, brynge an assyce of nouel disseasin, where as if it were gyuen only by waye of atturnement he coulde not brynge the assyse, but hys wryt of rescus onelyonly.
Also ye shall vnderstande, that wher landes be deuisable by testamente by the custome of any auncyent boroughe or cyty, yf there the reuersion of any landes be by testament bequethed to a man in fee, and testatour which we call the dyuysour dyeth y• deuisee, that is to wytte, he to whom the deuise was made hath forthwt y• reuersion in hym wythout further ceremonye of atturnement. Lykewyse it is if a man by testament dothe bequeth a rent charge that he is seased of, or a rēt seruice, there nedethe none atturnement at all.
Yf two ioyntenauntes be of land and the lorde graunteth the seruyces to an other, if one of y• ioynte…aū …ēs atturneth it is ynoughe. Finally, if a lease be made for terme of lyfe, the remayndre to an other in tayle, the remayndre ouer to the ryght heyres of the tenaūt for terme of lyfe, if in this case the tenaūt for terme of lyfe wyll graunte hys remayndre in fee to an other by hys dede, thys remayndre passeth forthwyth without any atturnement, for if any atturnement were requisite, it shulde be made of the tenaūt for terme of life, whyche in this case is the grauntour hym selfe. And in vayne it is that the grauntoure shulde be enforced to atturne, sith an atturnement is adhibited to none other purpose than to hauehave the consēt and agremente of the particular tenaunte, to the intent that it may appere, that he hath notice or knowlege of this graūte, but here where as the particular tenaunte hymselfe is the grauntour, an atturnement were superfluous, and more than neded.
Of seruices.
HYtherunto I hauehave brefely touched and ouerrun the sundrye kyndes and formes of estates. Now forasmoch as there is no tenure, but hathe vntounto it some seruice knyt and annexed, it were very necessary to declare howe many kyndes of seruices there be, and what seruyce is due to eueryevery tenure. For the knowledge her of ye shal vnderstande, that the principall and moste common kynde of seruyce that the tenaūt oweth to hys lorde, is called knyghtes seruyce.