The Principal Laws of England, Treatise · Part 29 – Part 31
¶ What remedy a man hath to recouer his rent when it is behynde.
I Shewed you before, that for a rēt seruice if it be behynde, ye may distrayne in the grounde euen of common ryght thoughe there be no suche clause of distresse mēcioned in y• dede of feoffement, graūt or lease. Also for a rente charge ye maye distreyne or bryng your wryt of annuitie at your choise and election, as before is declared. But of a rent secke if ye were neuer seised of it nor of any parcel therof, ye be without remedy by course of the comō law, for ye can not distreyne for it, nor yet bryng your wrytte of an nuitie, but if ye were ones seised of it or of parcel therof and it is estsones behinde, then youre remedie shall be this. Ye must go either by your selfe or by your deputye to the lande or tenement out of which the rent is commyng, and there demaunde the arreragies of the rent, whiche if the tenāt denye to paye, this denyal is a disseisin of the rent. Also if the tenaunt be not then ready to pay it, this counter uayleth a denyal which is a disseisin. Moreouer if neither the tenaunt nor none other man be remayning vponupon the grounde to pay the rent, when ye demaund the arreragies, this also is a denyall in the law, and is in very dede a disseisin. And of these disseisinꝭ ye may hauehave an assise of nouell disseisin against the tenaunt, and shal recouer seisin of the rent aud the arreragies and youre damagies and costes of your wrytte and of your plee. And if after suche recouery and execution had, the rente be agayne at an other tyme denyed you, then ye may hauehave a redisseisin and shal recouer your double dammagies. &c.
It shalbe therfore good wisdome for a man when a rent is graūted by any persone vntounto him, to take of the tenant of the land a peny or an halfepeny in name of seisin of the rent, and then if at the next day of paiment the rent be denyed him, he may hauehave an Assise of nouel disseisin.
And ye shall note, y• there be thre causes of disseisin of rent seruice, that is to wete, rescouse, repleuin & incloser. Rescouse is, when the lorde vponupon the lande holden of him, distreyneth for his rent behynde, and the distresse is rescued from him, or if y• lord come vponupon the land and wyl distreine, and the tenant or any other man for hym wyl not suffre him, this is called Rescouse.
Repleuin is, when the lorde hath distreyned & repleuin is made of the distresse by wryt or by playnt. Encloser is when landes or tenementes be so inclosed that the lord can not come within the landes or tenementes for to distreyne. And the chefe cause why suche thinges so made be disseisins to the lorde is for asmoch as the lord is by this wey disturbed of the mean and remedy wherby he ought to com and hauehave his rent, that is to wete, by distresse.
And there be iiiij. causes of disseisin of a rent charge, ye is to wete, rescous, repleuin, encloser, and denyer. For denyer or denyal is aswell a disseisine of a rente charge, as it is of a rent secke.
Finally ye shal vnderstande, that there be two causes of disseisin of a rent secke, that is, denyall & en…loset.
And is semeth that there is yet an other cause of disseisin of all the three rentes aforesaid, that is to wete this, when the lorde commeth to the lande holden of him, or when he that hath a rent charge or a rent seck commeth to the lande to distreyne for the rente behynd, and the tenant hearing this, encountreth him, and forstalleth him the weye wyth force and armes, and manaceth him in such sort as he dare not come to y• ground for to distreine for his rent behynd for feare of death or of mutilatiō of his membres: this is a disseisin bicause the partie is disturbed of his mean & lawful remedy wherby he ought to come to his rent.
Finally ye shall obserue & marke, that by an act of parliament made in the xxxij. yeare of oure soueraygne lorde king Henry the eight, it is lawful for the executours and administratoures of tenantes in fe simple, tenantes in fee tayle and tenantes for terme of lyfe of rent seruices, rēt charges, rent seckes and of fee fermes, for the arreragies of suche rētes as were due vntounto theyr testatoures in their liues, either to distrayne for the same or at their election to brynge an action of dette, sauyng in such lordshipes in Wales or in the marches therof, where the tenauntes hauehave vsed tyme out of mynde to pay vntounto eueryevery lord at his fyrst entry into the lordshyp any sumine of money for the redemption of all maner duties and penalties incurred at any tune before their lordes entry.
Also by force of the sayde arte the husbande whiche was seysed in the right of hys wife may after the death of his wyfe either distrayne or bryng an action of dette for the arrerages of such rentes as were due & vnpayd in her lyfe.
Likewise it is of him that hath a rent for terme of an other mans lyfe, if he for terme of whose lyfe he hath the rent dyeth, yet by vertue of y• sayd acte he or his executoures and administratoures may either distrayne or bryng an action of debte for the arreragies due before the deathe of hym for terme of whose lyfe he had y• rent
How Auowries ought to be made of rentes and seruices, inacted .ā. 21. Hen. 8.
WHere any landes be holden of any person by rentes, customꝭ, or seruices, if the lord distrayne vponupon the same landes for any such rentes, duplicate page duplicate page customes, and seruices, and repleuin therof be sued, the lorde maye auowe or his baylyffe or seruante may make conisance or iustifie the taking vponupon the same lādes, as within his fee and scignorye, aledging in the sayd auowry conysance or iustification the same landes to be holden of hym, wythout namyng any person certayne to be tenante of the same, and wythout making any auowrye, iustification, or conisaunce vponupon any persone certayne. And lykewyse vponupon eueryevery wrytte sued of seconde delyuerance. And they that make any such auowrye, iustification, or conisaunce, if y• same avowrye conysaunce or iustificatiō be foūd for them, or the playntyffe be non…u… or otherwise barred, then they shal recouer their damagies and costes. Also the said playntyffes & defendauntꝭ shal hauehave lyke plees & lyke aide prayers (plees of disclaymer onelyonly except) as they myghte hauehave had before the makyng of this acte. Also suche persons as by the cominen lawe maye ioyne to the playntyffe or defendant in the said wryttes of replegiare or seconde delyueraunce, as well without processe, as by processe; shall from henseforth also in this case ioyne vntounto them as wel wythout processe as by processe, and hauehave lyke plees and lyke auauntages in all thinges (disclaymer onelyonly excepte) as they myght hauehave by the comen law before thys acte.
¶ An acte for assignees or grauntees of reuersions to take auantage of the condicions to be performed by the fermours. made .ā. 32. Hen. 8.
IT is inacted that aswel al persons whych hauehave or shal hauehave any gifte or graunt of the king by his letters patentes of any lordshyps landes tenementes rentes personages tythes portions or other hereditamentes or of any reuersion of the same, whiche did belong to any monastery or other ecclesiasticall house dissolued or by any other meanes come to the kynges handes sithens the .iiij. day of February in the xxvii. yeare of King Henry the eight, or whyche at any tyme hertofore dyd belong to any other person & after came to the kynges handes, As also al other persons beynge grauntees or assignes to the kyng or to any other persone and their heires executours successours and assignes shal hauehave lyke auauntage againste the fermours their executours administratoures & assignes by entry for not payment of the rent, or for doyng of waste or other forfeture, and also shal hauehave the same auantage by action only for not performynge of other conditions couenātes or agrementes conteyned in the indentures of their leases or grauntes against the sayde fermoures and grauntees their executours administratours & assignes, as the sayd lessoures or grauntoures themselues myghte hauehave had at any tyme.
Prouided, that this acte shal not extende to hindre or charge any persone for the breche of any couenante or condicion comprysed in any suche writings as is aforsayd, but for such couenātes and condicions as shalbe broken or not performed after ye firste day of Septembre in the xxxij. yeare of king Henry the viii, & not before.