Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Marlb. cap. 4. None shall leade distresse out of the Countie where they were taken. The neighbor that doth it to his neighbor, shall be fined. The Lord that doth it to his Tenant, shall be amerced.

1. & 2. Phil. & Mar̄ cap 12. No distresse of Cattell shall be driuen out of that hun∣dred, rape, wapentake, or lat••, where it was taken: except to a pound ouert within the Shire, not aboue three miles from the place where it was taken. No distresse taken at one time shal be impounded at seueral pla∣ces, wherby the owners shal be constrained to sue seuerall repleuies, the paine of both these v. l. and treble damages. No person shal take aboue iiij. d. for the poundage for any whole distresse impounded: & where lesse hath beene vsed, there to take lesse, vp∣on paine of v. l. and losse of the money hee he hath taken aboue iiij. d. any prescription notwithstanding.

Bare heredieaments that may bee di∣strained for, are a Seigniorie, & Rent-charge.

Seigniories are seruices wherby lands are holden.

Seruices are common to all certaine Estates, or proper to Inheritances.

Common, as fealtie, and rent seruice, whereof fealtie is incident to euerie such estate. For Lessee for life or yeares, shal do * 1.1 fealtie of common right.

But Tenant at will shall not, because he hath no sure estate. And therefore the seig∣niorie * 1.2 or tenancie being altered (whether by discent or grant) it must be done anew.

All other both common and proper) grow by reseruation.

Fealtie is an oth to be faithfull to his * 1.3 Lord for the tenements.

Rent seruice is a rent to bee paid to the Lord at certain set times.

And to this place we may referre al ser∣uices that lie in fesance. As to be ones but∣ler, * 1.4 to couer his house, to scoure his ditches, &c. But a reseruation of things in prender or vser, as to haue Cōmon for foure beeues, or foure cart loads of wood, maketh no Te∣nure.

Of which kind, two among the rest are specially to be considered; that is to say, franke almoigne and diuine seruice.

Franke almoigne is, when a man of the Church holdeth freely in almes: For if an Abbot, tenant in Franke almoigne, alien to * 1.5 a secular man, he shal do fealty to the Lord, because a secular man cannot hold in frank * 1.6 almoigne. And the Tenant in this case

holdeth of the Donour, and is within his fee. For the Kings grantee of straies in∣fra seoda sua shall haue them in lands hol∣den of him in franke almoine. And the te∣nant shall haue against him a Writ of mesne, or Ne iniuste vexes. And if the Ab∣bot tenant in franke Almoine, and all the monkes die, the lord shal haue the escheat; for the which he is bound to say prayers, & these prayers are the seruices But because the prayers are not limitted in certaine, hée neither shall doe fealtie, nor is subiect to di∣stresse or Cessauit, if they be not done.

The Lord must warrant such a tenant against himselfe and his heires, and saue * 1.7 him harmelesse of all manner of seruices against the Lords aboue, which wee call acquitaile.

Diuine seruice is a spiritual kind of ser∣uice * 1.8 limitted in certaine. As to distribute in almes to an hundred poore men, an hun∣dred pence, &c.

These are the seruices whereby euerie certaine estace may be holden.

There follow those proper to Inheri∣tances.

The grantee whereof shall hold of the grantor by such seruices as he holdeth ouer, if other seruices bee not reserued. As if * 1.9 there be Lord, and tenant by Knights ser∣uice, and the tenant before the Statute of Quia emptores terrarum infeoffe a stranger of the Tenancie, without any thing reser∣uing: Now the feoffee and his heires shall

hold of the feoffor & his heirs by Knights seruice.

Or the grantor may appoint him to hold of the next Lord. As if before the Statute of Quia emptores terrarum, there were Lord mesne and Tenant, and the tenant infeoffe a strāger to hold of the mesne; this is good, and the feoffee shall hold of the mesne by the same seruice that his feoffor held, and the feoffor cannot reserue new seruices, for to them the mesne is a stranger. But if the feoffement were to hold of the Lord para∣mont, that were void. So if the feoffment were to hold of any other stranger.

Notes

• * 1.1

  Li••••tlet. 29.
• * 1.2

  Lit. 23.
• * 1.3

  Lit. 19.
• * 1.4

  Park 12.
• * 1.5

  Littlet: 31.
• * 1.6

  7. E. 4. 10.
• * 1.7

  7. E. 2. ga•• 79. Lit. 32. for aquit.
• * 1.8

  Litt. 30.
• * 1.9

  Park. 134.