Jurisdictions, Part 115
Hariot.
For that, that diverſe Lords of Mannors have Hariots, and theſe are to be inquired for the Lord in Court-Baron, in the ſecond Article of Charge. It is to be noted that there are two manner of Hariots, that is to ſay, Hariot cuſtome, and Hariot ſervice, and for that Hariot cuſtome is properly as it ſeems, after the death of the Tenant for life and for yeares, and of every Eſtate, and alſo is upon altenation.
IT is properly Hariot cuſtome after the death of the Tenant for life, 8 H. 7. fol. 11.
To have a Hariot after the Death of every Tenant, that is to ſay, for life and for yeares, is a Hariot cuſtome, 21 H. 7. f. 16. & f. 13. the ſame.
To have a Hariot after the death of the Tenant for life is Hariot cuſtome, for Hariot ſervice is after the death of the Tenant in Fee, 21 H. 7. Tit. 5. Br.
Cuſtome that every Tenant of every Eſtate ought to pay Hariot after his death, is Hariot cuſtome, 14 H. 4. f. 5.
Where the Lord is to have Hariot upon every ſurrender, or upon every alienation, is Hariot cuſtome, 3 H. 6. Tit. 8. b.
Note that a Hariot cuſtome may be due after death or alienation, as the cuſtome will ſerve.
It ſeems Hariot ſervice is properly after the Death of Tenant in fee upon diſcent, and not upon every Eſtate, as before is ſaid.
HAriot ſervice is by reaſon of the Tenure, 8 H. 7. fol. 20.
Hariot ſervice is by the Tenure and if the Tenant alien the Land without notice, yet the Lord may diſtraine upon the Land for the Hariot, for it is by reaſon of the Tenure, and the Land is charged, 8 H. 7. f. 10. B. 6. that is by preſcription.
Hariot ſervice is after the death of the Tenant in fee, and not of every Eſtate, 21 H. 7. f. 13. B. 5.
You ſhall ſee more for payment of Hariot ſervice, title diſcent before, and title releife after.
Where a Ha…iot is certaine, the Lord may ſeiſe that as Hariot cuſtome, and note that for Hariot ſervice, he may diſtrain, it ſeems where it is certaine to have the beſt Beaſt, that he may ſeiſe.
THE Lord may ſeiſe as well for Hariot ſervice, where he is to have the beſt Beaſt, as for Hariot cuſtome.
But it is ſaid in another place, that for Hariot cuſtome he ſhall alwaies ſeiſe, and not diſtraine, for the property is in the Lord forthwith, 38 Ed. 3. fol. 7. Br: 2.
For Hariot cuſtome the Lord may ſeiſe, and if it be conveyed away he ſhall have a (Detinue) and for Hariot ſervice, if it be conveyed away he may diſtraine, time of, H. 8. Br. 6. Doctor and Student f. 65.
The Lord hath property in Hariot cuſtome, and may ſeiſe that; and for Hariot ſervice he may diſtrain and not ſeiſe, 8 H. 7. f. 10. Br. 7.
He cannot preſcribe to diſtraine for Hariot cuſtome, though that it be conveyed away, for that, that he may have a, Detinue, for the Law adjudges poſſeſſion in him, 13 Ed. 3. Br: 9.
It is adjudged that the Lord may ſeiſe Hariot ſervice as well as Hariot cuſtome, See Plowdens Commentaries, fol. 96. between Woodland and others, and 16 H. 7. f. 5.
It ſeems where the Lord preſcribes to have the beſt, he may ſeiſe for that, that it is certaine, 6 Ed. 3. Tit. but inquire.
Who ſhall pay Hariot, and who not, and when it ſhall be paid, and what remedy upon putting it away.
ISſue in avowry, if he die his Tenant, for the Lord ſhall have Hariot, though that the Tenant do not dye ſciſed, for it is ſufficient if he dyed his Tenant, though that he did not dye ſeiſed, 44 Ed. 3. fol. 13. Br: 1. and 7 H. 4. fol. 17.
The Husband and Wife, and their Son purchaſe lands joyntly hariotable, and the Husband dies, the Lord ſhall not have a Hariot till after the death of the laſt of them, 24 Ed. 3. fol. 50. Br. 4. and Fitzh. 3. 25 Ed. 3.7. and 19. R. 2. tit. Hariot 5.
Where a man dies ſeiſed of two Houſes hariotable, the Tenant ſhall pay two Hariots, and note there the preſcription that a Parſon ſhall have the beſt Mortuary, and the Lord the ſecond beſt, and if the Lord ſhall have the ſecond beſt, was the Iſſue taken, 7 H. 6. fol. 26. Br. 3.
Beaſts which are remaining within the Fee of the Lord, if they be removed out of the Lordſhip, the Lord may take them for Hariot, where he is to have Hariot after the death of every Tenant, 27 Book of Aſs. 24.
If my Tenant which holds of me by a Hariot, aliens parcell of his land to another, every one of them ſhall pay Hariot, for that, that it is intire, 34 Ed. 3. Fitzh. 3.
After the death of a Prior, Hariot ſhall not be paid, for that he hath no property in the Beaſts, 32 Ed. 2. Fitzh. 7.
If a Husband, Wife, and their Son, are ſeiſed for their lives, the remainder to their ſaid Son in taile, after the death of the Husband the Lord ſhall not have a Hariot, for he was not ſole ſeiſed, 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The ſame: for it is ſaid there, that if one do not dye ſole Tenant, there ſhall be no hariot paid, Recordare longum, If the Lord purchaſe the Tenancy held by hariot ſervice, then the hariot is extinct, by the unity of poſſeſſion, for that, that it is ſervice annexed to the Land, but I intend that it is otherwiſe of hariot cuſtome, where the Lord grants over the land, 14 H. 4. f. 8. and 8 H. 7.11.
Note that hariot is due immediately after the death of the Tenant.
Treſpaſſe, the Defendant as Lord may juſtifie taking of hariot within his Fee, or if the taking were out, it is good, and the conveying it out is to no purpoſe, but that the Lord may ſeiſe hariot out of his Lordſhip, for it is not in caſe of the Statute, where the Lord diſtraines within his fee for his ſervices, 19 R. 2. Fitzh. 5.
The Lord may ſeiſe Hariot (which is the beſt Beaſt that his Tenant hath, which held of him by hariot) though they be in ſome place out of his Mannor, for that, that it is certaine, 6 Ed. 3. Fitzh. 4.
If one which holds by hariot ſervice, to pay the beſt Beaſt dies, and hath a Cow at the time of his death which is the beſt; though that the Executors ſell that, the Lord may ſeiſe that in the hands of him to whom ſhee is ſold, if the Sale be not in an open Market, and not there, if without fraud, 16 Ed. 3. Fitzh. 2.
By the cuſtome of ſome Mannor, and of moſt Mannors; the Lord ſhall have only one hariot, upon the dying ſeiſed of his copy-holder, and diſcent, and not upon every ſurrender.
But by the cuſtome of ſome Mannor, hariot is due upon every ſurrender for life in taile, or in Fee, as well as upon diſcent and that in nature of a hariot cuſtome at the Common Law, and by the cuſtome of divers Mannors, the Lord hath no hariot of ſome of his Tenants within the Mannor and of ſome he hath.
The Lord may ſeiſe for hariot cuſtome, the hariot, and is to ſeiſe that of the Goods of the dead, and for hariot ſervice to diſtraine upon the land.
If a Copy-holder of Inheritance of lands hariotable, lying in extreamity, upon his bed, ſurrender into the hands of two Tenants to the uſe of his eldeſt Son in Fee, and dies before that ſurrender be preſented in the Court, the Lord ſhall have hariot, but if this ſurrender had been preſented in Court, and the eldeſt Son had been a…ted accordingly, and after the Father had dyed, there the Lord ſhall have no hariot unleſſe it be hariot cuſtome due to him onelyonly by cuſtome, upon every alteration, and exchange of Tenant for life and in Fee.
The ſame Law is, if the Father copy-holder of Land hariotable, ſurrencer in the Lords Court to the uſe of himſelf for life, of the Son of his Daughter for life, and after to the uſe of the Son of his Daughter, and to the Heires of the Son, and they are admitted accordingly, and after the Father dies, the Lord ſhal not have hariot unleſſe it be hariot by cuſtome, due upon every Eſtate for life, in tail and fee, upon every ſurrender which is due by the cuſtome, but in this caſe if the hariot were due by the death of his Tenants and diſcends to the heire only, then the Lord ſhall not have the hariot.
If the Father being a Copy-holder of Inheritance, or by the cuſtome, the Lord is to have Hariot upon every diſcent only, and he lying in extreames, ſurrenders into the hands of the Steward, to the uſe of his eldeſt Son and his heirs and dies, and after that ſurrender is preſented in Court, and he is admitted accordingly, it ſeems that the Lord there ſhall have a hariot.
But if the Father being Copy-holder of Inheritance, or by, the cuſtome (the Lord having Hariot upon every diſcent only) ſurrender in full Court to the uſe of his eldeſt Son and his heirs, and the eldeſt Son is admitted accordingly, and after the Father dies there the Lord ſhall have no Hariot.
So it ſeems, if in this caſe the Father ſurrender to the uſe of himſelfe for life, the remainder to the uſe of his eldeſt Son and his heires, and they both are admitted accordingly, and after the Father dies, there the Lord ſhall not have hariot.
34 Ed. 3. Statham, If my Tenant which holds of me by a hariot, alien parcell of that land to another, every of them is charged to me of a hariot, for that it is intire, and though the Tenant purchaſe the land again, yet if I be ſeiſed of a hariot by another man, I ſhall have of him for every portion a hariot, and that by the opinion of Wilby and Sharde
4 Ed. 3. Statham Tit. Avowrie, one avowes for hariot, Plaintiff demands Judgement, for that he doth not allead …eiſin of the hariot, and it ſeemes of hariot cuſtome he need not to alleadge Seiſin, but otherwiſe it is of hariot ſervice.
6 Ed. 3. Statham Tit. avowrie, if one avow for hariot cuſtome, he ſhall recite the cuſtome in his Avowrie.
24 Ed. 3. Statham Tit. avowrie, if one avow for hariot, and ſaith, that he and his Anceſtors have been ſeiſed, time out of minde, yet he ought to alleadge a ſpeciall Seiſin in him, or in one of his Anceſtors, and to ſay by whoſe hand, &c.
38 Ed. 3. Tit. 2. Br. It ſeems where the Tenant holds by hariot ſervice, that is, if he be to have the beſt Beaſt, the Lord may ſeiſe as well as for hariot cuſtome, for that it is certaine, and for hariot cuſtome he ſhall alwaies ſeiſe and not diſtrain, for that that the property is in the Lord, 27 Book of Aſs. 24. 8 H. 7. f. 10.
13 Ed. 3. Tit. 9. Brook For hariot cuſtome he may have an action againſt whoſoever conveyes it away, and a Detinue againſt him which denies it, for he hath property in the thing, and the Law adjudgeth poſſeſſion in him without ſeiſure, as of the Body of a ward which is tranſitory.
Time of H. 8. for hariot cuſtome, a man alwaies ſhall ſeiſe, and if it be conveyed away, he may have a Detinue, and for hariot ſervice as here conveyed away, he may diſtraine, but not for hariot cuſtome.
3 H. 6. f. 45. Treſpaſſe, the Defendant preſcribes in him and his Anceſtors, Tenants of the Mannor of D. to have the beſt Beaſt for hariot upon every ſurrender, and the Horſe taken was the beſt, the Plaintiff ſaith, that the property of the Horſe was not in the Tenant, time of the ſurrender, and a good Plea.