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.

Prerogatiue.

But if they hold of the King, all of them must doe it.

When one and his Ancestors, whose heire he is, haue held by homage of a Lord and his Ancestors, whose heire the Lord is, time out of minde, and the Lord hath receiued homage, for the Alienee of Te∣nant * 1.1 by homage ancestrell, holdeth not by homage ancestrell, nor shall haue warrantie from the Lord, because the con∣tinuance of the tenancie in the Tenant is discontinued. No more shall the Tenant himselfe by homage ancestrel, if he alien in fee, and afterwards take it backe againe. And if the Lord by homage auncestrell * 1.2 grant his seignorie, the Tenant neede not atturne, vnlesse the grauntee will warrant the land to the Tenant and his heires, for otherwise his warranty were lost, because by atturnment the homage auncestrell is destroyed. that bindeth him to warrant * 1.3 and acquit the Tenant. And the tenant * 1.4 may haue a Writ of mesne. But if the Lord * 1.5 haue not receiued homage, he is not bound. Therefore such a one may compell the Lord to receiue his homage by a Writ de homagio capiendo. * 1.6

Suit of court is a seruice by comming to the Lords Court. For suit of Court * 1.7 one shall bee distreyned and not amerced, which prooueth it to bee suit seruice. But

for a suit reall (which is to come to the Leet) he shall be amerced and not distrei∣ned: yet a tenure to come to a leet or hun∣dred, * 1.8 and to doe there some speciall seruice, as to be a Crier, &c. is a good seruice, but not sute seruice. And euerie sute seruice is * 1.9 intended to a Court Baron.

Land in the Lords hands (whereof seue∣rall men hold by suit of Court) is termed a Mannor: the land considered apart from the seruice, is termed demesnes.

Notes

• * 1.1

  Lit. 33.
• * 1.2

  18 H. 6. 2.
• * 1.3

  45 E 3. 23.
• * 1.4

  11 H 4. 52.
• * 1.5

  Lit. 33.
• * 1.6

  45 E. 3. 13.
• * 1.7

  Old tenures. F••l. vlt.
• * 1.8

  12. H. 7. 17:
• * 1.9

  ^d. 21. E. 4. 25▪