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.

18 E. 1. Quia emptores terrarum. In all feoffements to one and his heires, the feof∣fee shall hold his land of the chief Lord of the fees by the same seruices that the feof∣for held before. If the feofment be made of parcell he shall hold of the chief Lord pro particula, according to the quantitie of the land, & the feoffor set free for the part.

A mesne, that is, he that holdeth ouer if it be by no greater seruices than the tenant holdeth of him, we cal it oueltie of seruices, whether they be the same as each of other by xx. s. or lesse as he by xx s. and the tenant of him by xxx. s. must acquite the tenant of all maner of seruices against the lords pa∣ramout.

But Donees in franke-marriage can∣not

hold but by fealty. And therefore a gift in franke-marriage, rendring a rent, the * 1.1 reseruation is void, for it is contrary to the nature of a franke-marriage, which is, to render nothing till the fourth degree bee past. Some thinke the reseruation good, and the franke-marriage therby destroyed. * 1.2 But all agree, that the franck-marriage and the reseruation cannot stand together. And that of the donor till the fourth degree be * 1.3 past. And therefore a gift in frank-marri∣age, the remainder in tail to a stranger, is a good frank-marriage, for the reuersion of the fee is in the donor, which maketh a tenure betweene them: otherwise it is, if the remainder were in fee. who must also * 1.4 acquit them of all manner of seruices. And therefore the Donees in frank-marri∣age * 1.5 may haue a Writ of Mesne.

Notes

• * 1.1

  4 H. 6. 22.
• * 1.2

  Old tenures, Fol. 7.
• * 1.3

  17. E. ••.
• * 1.4

  Littlet. 4.
• * 1.5

  12. H. 4. ••.