Jurisdictions, Part 124
Releife.
IF one have a tenement in chief, and dyes, &c. and after ſuch Heir be in Wardſhip, when he ſhall come to age, that is, 21 years, he ſhall have his Inheritance without releife. But by the ſtature of Marlebridge chap. 10. and by the Prerogative of the King the 3. chapt. the King ſhall have the firſt ſeiſin, nor the Heir ſhall not enter, before he hath received it out of the Kings hands, whatſoever Age he be of, Magna charta, 2. 3. & 4.
Where one holds of a common perſon by Homage, fealty, and eſcuage, and dies, his Heir male being within Age of 21 years, he ſhall be in ward untill 2… years, and if he were not in ward but were of ful age, that is, 21 yeers, then the Lord ſhall have a 100 s. for a whole Fee for relief, and if he hold by a moitie 50 s. and ſo who by more, more, and who by leſſe, leſſe. Litt. fol. 24.
But by Marlebridge chapt. 17. If the Heir within age be in ward and at full age, the Lord will not ſuffer him to enter without Suit, but holds him out to have relief, or otherwiſe holds him out that he cannot enter without plea, he ſhall have a Mortdanceſter againſt his Guardian, and recover his dammages. Fitzh. fol. 196. F.
If one holds of the Lord in Socage, that is by fealty, and 10 s. payable at a certain day and dyes, then the Lord ſhall have 10 s. for relief over the 10 s. which he paies for his Rent, and ſuch relief is due forthwith of what age the Heir be, ſo that he paſſe the age of 14 years, But if he hold by a Roſe, that ſhall not be paid forthwith, but when the time of the year is that they grow. Litt. fol. 28. And this releif by Bracton and Britton is not ſo properly to be called releif, as that which is paid at full age by him that holds in Chivalrie, 16. H. 7. fol. 4. and 18. Ed. 3. Tit. Avowrie 99.
Note when a man holds of the King in chief, and of other perſons by Knights ſervice, The King ſhall have the Ward of all, and the Heir ſhall pay relief to every Lord at his full age, 24. Ed. 3. fol. 8. & fol. 24.39. Ed. 3. tit. 1. the ſame, 26. H. 8. fol. 8. the ſame, and Nat. bre. fol. 95. notwithſtanding ſee Stamf: Title Prerogative.
The Father dyes ſeiſed, and the eldeſt brother of full age, dyes before that he enters, and before that he hath poſſeſſion in deed, the yongeſt brother being of full age, he ſhall pay two releifs, one for the death of the Father, the other for the death of the Brother, for that that both were Tenants to the Lord, Time of Ed. 1. Tit. 12. and 13. Ed. 3. Tit. 6. the ſame.
If my Tenant enfeoffes his ſon and Heir of full age and dyes, before the Son gives notice to me, I ſhall have releif of him, for that that his Father dyed my Tenant, to the avowrie, 7 Ed. 3. chap: 11.17. Ed. 3. fol. 3. Enquire. See 3. H. 6. fol. 47.
Where Land is given to the Father for life, the remainder to his right Heirs, the which tenements are held by Knight ſervice, the Father dyes, his Heir of full Age, he ſhall pay releif, 32. Ed. 3. fol. 4.
Eſtate is made to the Father for life, the remainder in tail to his eldeſt Son, and his Wife, the remainder to the right Heirs of the Father in fee, the father dies, the eldeſt ſon and his Wife die without Iſſue, the youngeſt ſon is in by diſcent, and ſhall pay releif, 40. Ed. 3. fol. 9.
Gift is made to one in tayl, the remainder to the right Heirs of J. S. which was dead, Donee dyes without Iſſue, T. S. had that as right Heir, but is in as a purchaſor, and for that ſhall not pay releif. 12 Ed. 4. fol. 2.
A Leaſe for life, the remainder to the right Heirs of J.S. tenant for Leaſe dies living J.S. the remainder is void, and J.S. and his Heir ſhall not be ſaid in by diſcent to pay releif, 9. H. 6. fol. 23.
Leaſe for life, the remainder to the right heirs of J. S. and J. S. hath Iſſue T. S. and dyes, T. S. ſhall pay no releif, for he is in as purchaſor, 11. H. 4. fol. 72.
Leaſe is made to one for life, the remainder to another in tail, the remainder over to J. S. in fee, he in remainder in tail dyes, his Iſſue of full age, he ſhall pay no releif, for tenant for life is tenant, but when tenant for life dyes he ſhall pay releif 33. H. 6. fol: 5.6.
Lord and tenant, the tenant lets for life, the remainder in fee to another, and he in remainder dies, his Heir of full age ſhall pay no releif, for the tenant for life is tenant to the Lord, Fitzh. 142. B.
Where an eſtate is to the husband and to his Wife: and to the Heirs of the body of the husband, the remaindet to the right Heirs of the husband, the husband hath Iſſue of full age and dyes, the Wife is tenant to the Lord, and for that the Iſſue ſhall not pay releif when tenant for life dyes he ſhall pay releif. 5 Ed. 4. fol. 10.
If the Heir of full age recover, In a (whileſt he was not Compos mentis, or in dum fuit infra aetatem) or if his Father had made a feoffment upon condition, and he enters for the condition broken, he ſhall pay releife, 11. H. 7. fol. 12.
Tenant in fee farme upon diſcent ſhall pay no releife, for that that his rent is entended the very value of the Land, 45. Ed. 3. tit. 8. B. old tenures the ſame.
20. H. 7. fol. 1. Debt lyeth for releife by Brud: Debt (is ſaid) lies by the Lord for releife, but it is held cleer, that Executors of the Lord ſhall have debt for releife. So it ſeems one may have debt for releife or diſtrain, 39. H. 6. and 32. H. 8. Brook. Releife. 11.
Notwithſtanding that by will in writing, Lands are deviſed to another in fee, yet the Lord may have releife and harriots, and may diſtrain for releife and hariott, as he might have done before the making of that ſtatute, and though this ſtatute never had been made, 32. H. 8. ch. 1.
Note that releife ſhall be paid to the Lord which hath an eſtate in fee; or in tail, for life or for years, for that it is a Perque Site incident to the Lordſhip, and if the Lord dyes, his Executors ſhall have the releife due to him.
The tenant ſhall pay but once releife in his life time, & he ſhall not pay again by change of the Lord, Britton fol. 177. and Bracton accordingly, and ſayes, but once as long as the Heir laſteth, 34. Ed. 1. Tit. Anowrie 233. fol. 1. If the releife be due to the Lord, and the Lord dyes, that ſhall be a chattell to his Executors.
14. H. 4. fol. 8. If one be enfeoffed before the ſtatute to hold by a penny, for all ſervices, exactions, and all demands, yet releife ſhall be due by Sherne.
Magna Carta chap. 2. If any holds of the King in cheife, and owes us releif, he ſhall have his Inheritance by the old releif, that is, the Heir or heirs of an Earl of a whole County by a 100 l. the Heir or heirs of a Baron of a whole▪ barony by a 100 marks, the Heir or heirs of a Knight of a whole Knights fee 100 s. at the moſt, and who leſſe hath, ſhall give leſſe according to the old cuſtome of the Fee.
Magna Charta chap. 3. After the Heir be in Ward, when he comes to age, that is 21 years, he ſhall have his Inheritance without Releife.
By Glanvile and by Littleton for a whole ſervice of a Knight, he ſhall pay for Releife a 100. s. and to that agrees the Stat. of Mag. Char. Chap. 2. and the Statute is over the heire or heires of a whole Barony 100. Markes, and the heire or heires of an Earle of a whole Earldome 100 l. and Lit…f. 35. ſaith, that Tenant by grand Serjeanty ſhall pay for releife, the value of his Land by a yeare, beyond all repriſes.
If any hold of any Eſcheat, as of the honour of Wallingford, Notingham, Bullen. and other Eſcheats which are in our hand, and are Baronies and dies, his heire ſhall give no other releife then the Barons did, Magna Charta chap. 31.
Note that hariot ſervice is to be paid by the common Law upon diſcent, as Releife is to be paid upon difcent, and for that where Releife ſhall be paid, let us ſee where one ſhall be ſaid in by diſcent, in the title of diſcent before.
VVhere land is given to be held by Homage, and having his ſervices, rendring yearly foure Markes, for all ſervices and demands, yet releife ſhall be paid, for releife is a thing which growes by reaſon of ſervices, and is incident, 18 E. 3. tit. avowrie 99.
Bracton ſaith, he ſhall give releife, which ſucceeds by hereditary right, but not he that purchaſeth.
All Purchaſors are quit of releife all their lives of land purchaſed, and alſo thoſe which held only for life, and alſo thoſe who have married VVives, which have been in ward to their Lords, nor he which was in ward to the Lord, ought to pay releife, Brit. 177.
If Meſnalty diſcend to a Tenant, he ſhall pay the releife if he be of full age, & holds by Knights ſervice, and if within age, ſhall be in ward, where a Reverſion of Tenant for life diſcends to one he ſhall pay releife, but otherwiſe it is, if one Tenant levy a Fine to one and his heirs, which dies before entry, and after the heire of the Coniſee hath execution by (Scire facias) he ſhal not pay releif, ſo it is if the Father recover in value or in Mortdanceſter and dies, and the heire hath Execution by Scire facias, ſhall not pay releife, 11 H. 7. f. 12.
No feoffment upon colluſion nor uſe ſhall defeate releif nor any other fraudulent gift, Raſtall, Uſes 7. Raſtall, Fraud 1. Covin.for they are uſes executed, releife ſhall be paid as well as of lands by the Statute, 19 H. 7. chap. 15. and alſo by the Statute of 13. Eliz. chap. 5. All fraudulent acts are void againſt their Lords, as touching their Hariots and releifs.
If there are two Daughters, one within age and in ward, and the other of full age, ſhe ſhall pay releif for her part.
Abbot nor Corporation ſhall not pay releife after the death of the Predeceſſor, for that, that they are in by election, and not by diſcent, and the Corporation doth not dye, 8 R. 2. Tit. 14. But by that booke, one by preſcription or Deed, may have releife after the death of every Abbot, or Prior, Statham 3 Ed. 3. Tit. 162.
Opinion is that after receit of Homage, a man cannot avow for releife. But Glanvile and Lit. ſay, that it is due immediately after full age, that is, if they hold by Knights ſervice, and by Lit. if they held in Socage it is due forthwith as before it is ſaid, if he paſſe the age▪ of foureteen yeares, 15 Ed. 3. Tit. 5. Britton fol. 178.
No releife be given before that the Lord be ſeiſed of his Homage, nor before that the Lord have delivered him the writings of his Heritage, if he have them, Magna Charta chap. 3. The Lord ſhall not have the cuſtody, before he hath taken homage, but the Law is contrary at this day, ſee, Title fealty, Br. 9.