Jurisdictions, Part 147
Tenures and Services.
It is expedient to know the Services and Tenures which your Tenants ſhall do: and firſt, of the Tenure in cheif, and other Tenures of the King, and then of other Lords.
FIrſt, Tenure in cheif is called, where one holds of the King meerly as of his Crown, which is a Signiory ingroſſe, for that it is held of him which is alwayes King, and not of the King as of his Mannour of D. &c.
Fuzh. 3. D. If any Land be held of the King, as of the Honour, Caſtle, or Mannour, ſuch Lands are not held of the King in cheif, and this is proved by the Writ of Right, which ſhall be directed in ſuch a Caſe to the Bailiffs of the Honour, Caſtle, or Mannour.
Alſo the Statute of Magna Charta, chap. 31. is, if any hold of any Eſcheat, as of his Honour of Wallingford, Nottingham, Bullo gne, Lanca…er, and of other Eſcheats which are in Our hand, and are of Baronies, and dies, his Heir ſhall not give other releif, nor make to us other Service, then the Barons ſhould make, if that Barony were in the hands of the Baron, and we in the ſame manner will hold it as the Baron held it.
1 Ed. 6. chap. 4. alſo is, that where a King hath, or after ſhall have any Dukedomes, Baronies, Caſtles, Mannours, Land, Tenements, Fees, or Signiories, by Attainder, Conviction, Outlary, or by Diſſolution of Monaſteries, which Lands held of them by Knights Service, Socage, or otherwiſe, ſhall not be conſtrued to hold in chief, nor as Tenure in cheif. See in Br. Tit. Tenures, 100.
Littleton, fol. 31. Tenure of the King in Burgage is, where an ancient Town is, of which the King is Lord, and thoſe which have Tenements within the Borough, hold of the King their Tenements, that every Tenant by his Tenure ought to pay to the King a certain Rent by the year, and ſuch Tenure is but Tenure in Socage.
Fitzh. 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure, and it behoveth that a Writ of Right Patent of them ſhall be directed to Mayors, Sheriffs, and Bailiffs, as Bailiffs, and Officers of the King, as if Lands were held of the King, as of any Honour, Caſtle, or Mannour, by which it appears, Tenure in Burgage is Socage Tenure, and not Socage in cheif: Fitzh. fol. 1. J. the ſame.
Stamford, 13. If one hold of the King in Burgage, the King ſhall not have (firſt Seiſin) but otherwiſe it is where he holds of the King by Knights Service in cheif, or by Socage in cheif, for the Statute of the Kings Prerogative, chap. 3. is, the King ſhall have the firſt Seiſin after the Death of them, which of him held in cheif, of all Lands, and Tenements of which they were ſeiſed in their Demeſn, as of Fee, whatſoever age their Heirs were of, and that is taken as well of Socage in cheif, as otherwiſe in cheif.
7 H. 6. fol. 3. The King ſhall have firſt Seiſin, where his Tenant dies ſeiſed in his Demeſne as of Reverſion.
47 Ed. 3. fol. 21. If the King purchaſe Lands which is held of others, by this all the Services are extinguiſhed, and if he infcoff others to hold of him, he ſhall hold of his Crown in cheif, by Finchden: and alſo when an Honour is ſeiſed into the Kings hands, and a Mannour is held of that Honour, which eſcheats unto him, as of common Eſcheat, if he alien to hold of him, he ſhall hold as he held before of the Honour, and by the ſame Services; but if he come in as by Forfeiture, by Warr, or Eſcheat, which is becauſe of his own perſon, and he ſeiſe, and infeoff others, they ſhall hold in cheif, if the King do not expreſſe other Tenure.
33 H. 6 fol 7. By Priſot, if the King ſeiſe Land by Forfeiture of Treaſon, and grant that over, to hold of the cheif Lord, by the Service due, &c. that in this caſe he ſhall hold of the cheif Lord, as it hath been adjudged.
44 Ed. 3. f. 45. The King gives Lands to one, to hold to him and his Heirs, by the Services due, &c. and by all the Juſtices, that is Tenure by Knights Service.
11 H. 4. fol. 71. It was recorded in the Exchequer, that ſuch a one holdeth ſo much Land of our Lord the King by Serjeanty, to finde one Man for the Warr whereſoever within the four Seas: and by Hank, it is great Serieanty, to be made by the Body of a Man.
13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall, it is in cheif, for it was ancient Lands of the Crown.
Fitzh. 165. A. To hold Land to pay certain Rent to the Keeper of the Caſtle of Dover, is a Tenure in cheif. See Littleton, 23. See 5 Ed. 4. f. 127.
19 R. 2. Tit. 185. Guard. F. Keeper of a Caſtle in England is Knights Service, for it countervailes Eſcuage, and is of the ſame nature.
8 H. 7. fol. 12. If I hold of the King, and he grants the ſame Service to me, yet I ſhall hold of the King, for all is held of the King mediately or immediately.
Magna Charta, chap. 20. See there for keeping of a Caſtle.
38 H. 8. Tit. 60. B. Livery, where the Heir was in Ward to the King, and come to full age, there he ſhall ſue Livery out of the Kings hands: and the firſt Seiſin is, where the Heir is of full age, at time of the Death of his Anceſtor, and where his Tenant holds in Socage in cheif, and dies.
10 H. 7. f. 23. If one hold of the King to incloſe a Park, he may by his Grant after reſerve for that ſix Marks; and the King is not bound by the Statute of Weſtminſter the third.
It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamſted to the Prince, and his Heirs Kings of England; and ſo it ſeems, that Lands held of that Honour, ſeems to be held in cheif, yet Magna Charta is, that Honour is not properly in cheif.
26 H. 8. fol. 10. By Fitzh. Lands in the County Palatine of Lancaſter held of the Dutchy, the King there hath kingly Rights, and there Livery ſhall be ſued.
17 H. 8. fol. 31. Tenant of the King in cheif, makes a Gift in Tail without licence, the King may chooſe the Donee or Donor for his Tenant. And if Tenant of the King before the Statute of We m. 3. make a Feoffment, the King may chooſe the Feoffee or Feoffor for his Tenant, 4 H. 6. f. 19.
33 H. 8 Tit. 94. B. in the Exchequer, 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif, as of his Honour of Raleigh, and it was taken no Tenure in cheif, but a Tenure of an Honour, otherwiſe it is if the Honour be annexed to the Crown, for then the Honour is in cheif. And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown, and ſo it is in cheif. But where the King gives Lands to be held of him by Fealty, and two pence for all Services, that is Socage in cheif, for it is of the Kings perſon, and contrary if it were to be held of the Mannour of B.
24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to ſerve in the War, by forty Dayes at his own Charge, this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horſe, and ſuch like, is but ſmall Serjeanty, for it is not corporal Service.
44 Ed. 3. f. 45. The King gives the Fee-farm of a Town, that is, ſuch a Rent, to be held for term of life, and after confirmes to him, and to his Heirs, to be held by the Services due, and this is held Knights Service of the King, for the moſt high, and better ſhall be taken for the King: and by Fitzh. 263. B. it appears, that Rent may be held of the King by Knights Service in cheif as well as Land, &c.
10 H. 6. f. 12. Rent lies in Tenure of the King.
14 H. 6. f. 12. If the King grant Land to me in Fee, to be held as freely as the King is in his Crown, yet I ſhall hold of the King, and if I alien without licence, I ſhall make Fine, for this is veſted in the King by his Prerogative, and ſhall not paſs out of his Perſon by general words; by Paſton in the end of the Caſe.
45 Ed. 3. fol. 6. By Finchden, if my Tenant infeoff the King, and takes back of the King, to hold of the King, yet he is my Tenant in right, and ſhall hold of the King alſo. But inquire of the Tenure of me, for the Tenure was once extinct, by the Kings Poſſeſſion.
29 H. 8. Tit. 61. B. If the King purchaſe a Mannour which J. S. holds, the Tenant ſhall hold as he held before, and he ſhall not render Livery, nor firſt Seiſin, and he ſhall not hold in cheif: and it is ſaid, if the King grant the Mannour to W. N. in Fee, except the Services of J.S. Now J.S. holds of the King as of the Perſon of the King, and yet he doth not hold in cheif, but as he held before; for the act of the King ſhall not prejudice the Tenant.
31 H. 8. Tit. 70. B. Lord and Tenant, the Tenant is attaint of Treaſon by Act of Parliament, and ſo forfeits all his Lands, and after is pardoned, and reſtored by another Act of Parliament, to have to him and his Heirs, as if no ſuch Attainder or former Act had been; now he ſhall hold of a common perſon as before, and yet once the Tenure was extinct.
3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty, and twelve pence for all Services, this is Socage in cheif, for it is of the Kings perſon.
23 H. 3. Tit. 148. Guard. F. If a man holds of the King to go with him in the Army againſt Scotland, in the Vanguard, and in his Return in the Rereward: and ſo if he hold to give to the King Hornegild, which is ſaid Cornage, it is great Serjeanty.
38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage, ſhall not pay firſt Seiſin to the King, for all his Lands, but onelyonly for thoſe Lands held in Socage in cheif, contrary of him which holds in Knights Service in cheif, and where he holds in Socage in cheif, the other Lord ſhall have, (Ouſter le main) with Iſſues.
2 Ed. 4. fol. 6. Land is given in Tail, to be held of the cheif Lords, theſe words to be held, &c. are void, and he ſhall hold of the Giver.
Where there is Lord and Tenant, if the Tenant be diſſeiſed, and the Diſſeiſor dieth ſeiſed, and his Heir is in by Diſcent, the Lord ought to advow upon him: but if there be Lord and Tenant, and the Tenant infcoffs another, which doth not give notice to the Lord, now the Lord during the life of the Feoffor, may take him for his Tenant, or the Feoffee at his pleaſure, 4 H. 6. f. 19.
3. Book of Aſſiſe, 8. Lands is given in Tail, without ſaying of whom to hold, the Donee ſhall hold of the Giver; and if a man before the Statute of Quia Emptores, give in Fee, without ſaying of whom to hold, the Feoffee ſhall hold of the Feoffor; Littleton, f. 5.
16 Ed. 3. Statham, fol. 23. If Lands be given in Tail, to be held of the Lord, this (to be held) is void, and the Lord ought to avow upon the Feoffor.
5 H. 7. fol. 35. Meſnalty lies in Tenure by a Meſne, contrary of an Advowſon appendant, 1 H. 4. f. 1. the ſame.
33 H. 6. f. 34. Was the opinion, that Advowſon may lie in Tenure, as where a Mannour and Advowſon are held, the Advowſon is made in groſſe, and the Advowſon is held for it ſelf.
21 Ed. 3. f. 3. It ſeems that an Advowſon lieth in Tenure, 24 Ed. 3. Tit. 18. 14 H. 7. fol. 26. & 15 H. 7. fol. 8. the ſame.
32 Ed. 3. Tit. 75. Br. A fiſhing doth not lie in Tenure, for the Soil may be to one, and the fiſhing to another.
11 H. 4. fol. 80. It ſeems by Hill, that Rent cannot be held of a common perſon, 10 H. 6. f. 12. Rent lieth in Tenure of the King, 10. Book of Aſſiſe, 24. 1 H. 6. f. 21. Fitzh. 263. B. 13 H. 6. f. 12.
40 Ed. 3. fol. 44. Fiſhing lies in Tenure, and yet it is a profit in anothers Soil, 8. Book of Aſſiſe, 7. Office may be held in cheif.
42 Ed. 3. fol. 7. Advowſon, may hold, 43 Ed. 3. fol. 15. the ſame.
14 H. 4. fol. 3. Where a Deed is to hold by Homage, Fealty, Eſcuage, and Rent, for all Services, the Lord ſhall not have Suit of Court.
20 H. 7. fol. 10. He might before the Statute infeoff one to hold of him, and after the Statute if he infeoff him of part, he ſhall hold for that part, 10 H. 7. fol. 10. the ſame.
5 H. 7. f. 11. By Fairefax, Termor for yeares ſhall make Fealty to his Leſſor, Littleton, 25. 9 H. 6. f. 43. the ſame.
10. Book of Aſs. 29. Lord, Meſne, and Tenant, the Tenant holds of the Meſne by three pence, and the Meſne over of the Lord by four pence, the Meſne dies without Heir, the Lord ſhall have the three pence, for the Signiory is extinct in the Meſnalty, ſo that he ſhall onelyonly have the Services which the Meſne ſhould have had, and alſo the Services which the Meſne paid to the Lord; but it is ſaid otherwiſe upon forejudging, for there the ancient Signiory remaines, for this wills the Statute.
Littleton, 41. Lord, Meſne, and Tenant, and the Tenant holds of the Meſne by the Service of five ſhillings, and the Meſne holds over by the Service of twelve pence; the Lord Paramount purchaſes the Tenancy in Fee, then the Services of the Meſnalty are extinct; but for that that when the Lord Paramount hath the tenancy, he holds of his Lord next Paramount, and for that the Signiory of the Meſnalty is extinct, but for that that the tenant holds by 5. ſhillings of the Meſne, and the Meſne holds but by twelve pence, the Lord ſhall have the foure ſhillings of the Meſne as Rent …e…k, 2 E. 2. fol. tit. Exting. 6. F.
26 Book of Aſſiſes 66. A man may hold by homage, and yet not Knights Service but in Socage.
Littleton 22. VVhere a man holds by homage and fealfor all manner of Services it is Socage, for homage by it ſelf doth not make Knights Service.
26 Book of Aſſiſes 66. The King, Lord, Meſne, and Tenant, the Tenant holds of the Meſne by Socage, and the meſne over by Knights Service, the Tenant gives in Frank-marriage, rendring 12 d. by yeare, for all ſervices, ſaving Service abroad, and it ſeems, that by this word, (ſaving the Service abroad) the giver ſhall have only ſuch Services, by which he himſelf is charged over.
31 Book of Aſſiſes 30. When a man gives Lands in fee before the Statute to be held by two pence, ſaving the ſervice abroad, yet he ſhall hold by Knight ſervice, by Thorpe. See, 31 Book of Aſſiſes 15.
Fitzh. 8. A. If the Husband infeoff J. S. and dye, and after the Wife is indowed, ſhe ſhall hold this Dower of the Feoffee by Fealty, 33 Ed. 3. Statham fol. 75. Where the woman is indowed by the Guardian, ſhee ſhall be Attendant to the Guardian, and at full age to the heire.
3 E. 3. tit. 84. B. A woman tenant in Dower ſhal hold of the Heir for parcel, and he ſhal make Avowry for that portion.
34 Book of Aſs. 15. Where Tenant in taile dyes without Iſſue, and his wife is indowed, and the Donor enters, ſhee ſhall hold by the third part of the ſervices, for this is the act of God, and the Law: The ſame Law is where there is Lord and Tenant, and the Tenant dyes without Heire; and the Lord enters for Eſcheat, and the wife of the Tenant recovers Dower, and hath Execution, ſhee ſhal hold by the 3d part of the ſervices, contrary where the Lord purchaſeth the tenancy in fee, and ſhe is indowed ſhe ſhall render nothing to the Lord, for this is his own act.
24 H. 8. tit. 53. If a man before the Statute of, Quia emptores terrarū, had made a gift of land to one in fee, for repairing a Bridg, or for keeping ſucha Caſtle, or for marrying yearly a poore Virgin of S. this is a Tenure, and the Donor may diſtraine and make avowrie and not condition: but if a woman give lands to a man to marry her, this is a condition in effect and no Tenure.
9 H. 3. fol. 72. Lands in Gavelkinde are held in Socage, and not in Knights Service, Fitzh. 13. D. Lands which are held in ancient Demeſne are Socage.
13 R. 2. tit. 76. A man gives land to hold by ten ſhillings for all Services; Exactions, Cuſtomes, and Demands. And yet the Tenant was conſtrained to pay releife, for that is incident, as well to Socage, as to Knights Service.
29 H. 8. tit. 64. A man makes a Feoſtment of the halfe of his Land, the Feoffee ſhall hold of his Lord by the whole Services, that the whole land was held before, for the Statute to hold for that particular, doth not hold place here, for moiety is not a particular, as of one Acre or two Acres in certaine, but count of the third part, which goes throughout, and every where.
And if a man holds two Acres by a hauk, and makes a Feoffment in Fee, of one Acre the Feoffee ſhall hold that by a hauke and the Feoffor ſhall hold the other Acre by another hauke, Weſtm. 3. fol. 85. It is lawfull for any man to ſell, ſo that the Feoffee hold of the cheife Lord for that part according to the quantity of the land; that is, the value of the land ſo ſold, &c.
Littleton 41. If one holds his land of the Lord by the Service, to render to his Lord yearly at ſuch a feaſt a Horſe, or a Ring of Gold, or a clove, if in ſuch caſe the Lord purchaſe parcell of the land, ſuch ſervice is gone, for ſuch ſervice cannot be ſevered nor aportioned, but if the tenant hold by homage, Fealty and Rent, and the Lord purchaſe parcel of the land, the Rent ſhal be apportioned, but the Homage and Fealty ſhal continue intire to the Lord.
8 H. 7. fol. 14. It is impoſſible that any Land ſhould be and not held of the King, either mediately or immediately and for that the King cannot releaſe to his Tenant all his Services.
10 H. 7. fol. 10. If the Tenant which holds two Acres by twenty pence, makes a Feoffment of parcell, the Lord may diſtraine in this parcell ſo aliened, and alſo in this part which remaines in the poſſeſſion of the Tenant
11 H. 7. fol. 12. Feoſment before the Statute, or a gift in taile to make a thing to himſelf, or to another for common wealth, is good, as to make a Beacon or a Bridge, but to ride with a ſtranger is not good.
Fitzh. 1. L. To hold of us by free ſervice, to finde for us together with his partners, Five ſhips for our paſſage at our command for all Services, it ſeems to be Socage tenure.
Fitzherb. 83. C. E. A Writ de. Scutgio habendo, lyeth when one holds by Knights Service, and the King goes in avoyage into the VVarr in his proper perſon, or his Leife-Tenant againſt the Scots, and none ſhall pay Eſcuage, but thoſe which hold to go into the VVarr, and not he that holds by Cornage, nor by keeping a Caſtle, Littleton 18. and Littleton the 19. One may diſtrain for Eſcuage, or have a VVrit, De ſcutagio habendo.
Fitzh. 135. a. If one hold twenty Acres by twenty ſhillings of the King, and aliens a parcell, yet the King or his Officer, may diſtraine one of the Tenants for all, and is not bound by the Statute to diſtraine for that parcell, but otherwiſe it is of a common perſon, for if he diſtraine one for all, he ſhall have a Writ to be diſcharged for a ratable proportion: But in caſe the king or his Tenant aliens part, the Alienee makes Fine to the king for this Alienation: It ſeemes reaſonable, if he be diſtrained for all the Rent, he ſhall have a Writ to be disburdened, for a rateable proportion, againſt the kings Officer which diſtrains, Weſtm. 3. That the Feoffee of part, ſhall hold for that particular part, according to the quantity of the Land ſo ſold, &c.
Where by 27 H. 8. chap. 27. It was Enacted, That the king ſhall have to him and his heires, all Monaſteries of Monks, Channons, and Nunns, which had not Lands, Tenements, Rents, &c, above the value of two hundred pounds: And alſo all Monaſteries which have been granted to the king within a yeare next before this Statute, by the Abbots or Priors under their Seale, or which have been otherwiſe ſuppreſſed or diſſolved; yet in this Act is a ſaving to the Lords Rents, profits, ſervices, and commodities, as they before have had them: So that of theſe Monaſteries, the Rents and Services of the Lords are not gone by this Act; where ſuch Abbies hold Land of any Lord, but are ſaved to them.
But By 31 H. 8. chap. 13. The King is veſted, deemed, and adjudged, in actuall and reall Seiſin, and poſſeſſion, as well of the Monaſteries diſſolved by 27 H. 8. as of all others, and in this ſtatute is a ſaving to every perſon, all their Right, Title, Claim, Intereſt, Poſſeſſion, Rents, Charge, Annuities, Leaſes, Offices, Commons, Synods, &c. and other Profits in the Premiſes, or any part of that, as if this Act had not been made, (Rents ſervices, Rents ſeck, and all other ſervice, and ſuits onelyonly except) ſo by this ſtatute, the Rents and ſervices of the Lords are gone.
1 Ed. 6. chap. 14. which gives Chanteries, &c. to the King, in this is a Proviſo that every one, which before that Act, lawfully without Covin or fraud, hath any manner of Rent, or any yearly profit to be taken of Chantries, Colledges, free Chappells, and other the Premiſes in like manner and form as they ought to have, if the Chantries, &c. had been in being, ſo that the Lords of thoſe ſhall not looſe their Rents.
2 and 3 Ed. 6. Chap. 8. It is enacted, that where by office found, the King is intituled to Lands or Tenements, in which others have Copihold, Rent, common Office, Fee, or other Profit to take, for life, or for years, not found in the ſame, that they ſhall enjoy the ſame Intereſt by Copy, Rent, common Office, Fee, or other Profits to be taken, as if the ſame had been found by Office, and provides that if one be found within age, or of leſſe age then he is, that at his full age, or after, he may have (Aetate probanda) or ſue Livery, or (Ou…ter le main) as his Caſe lies, and provides that where it is falſely found by Office, that any Attaint of Treaſon, or Felony, is ſeiſed of any Lands, or Tenements, whereof another hath juſt Title, or Intereſt of an Eſtate of Freehold, that he ſhall have Traverſe, or Monſtrans of Right to the ſame, without being put to his Petition.
And provides where it is found, of what man or of whom the Tenements are held, the Jury is altogether ignorant, it ſhall not be taken for a Tenure in Cheif, but there ſhall be a better Inquiry awarded.
37. H. 8. Chap. 20. It is enacted, that where by 35 H. 8. chap. 14. Houſes, not being Princely houſes of the King, having Lands not above forty ſhillings, that is, were granted by the King, and Tenure by Fealty to the King, and not in Chief, is Socage, and that extends to all Letters Patents, made within five years after the Statute.
Littleton, fol. 23. If a man hold his Land, by paying certain Rent to his Lord for keeping a Caſtle, ſuch Tenure is Tenure in Socage; but where the Tenant ought by himſelf, or by other make the keeping of a Caſtle, ſuch Tenure is Tenure by Knights Service, ſo by Littleton, Eſcuage to go of a voyage Royall, &c. and to keep a Caſtle, or the doore thereof, &c. and to hold by Cornage, that is, to hold, to make Service by the body of a man, theſe are Knights Service, and to hold to pay Rent is Socage, for payment by him is Socage.