to the judge and last by a statute make Elizabeth the judge themselves be  appoint to allow clergy to such as can read be not such offender from who  clergy be take away by any statute and to see they burn in the hand and so  discharge they without deliver they to the bishop howbeit the bishop appoint  the deputy to attend the judge with a book to try whether they can read or not  the three commission that the judge of circuit have be a commission direct to  themselves only and the clerk of assize to take assize by which they be call  justice of assize and the office of those justice be to do right upon writ  call assize bring before they by such as be wrongful thrust out of their land  of which number of writ there be far great store bring before they in ancient  time than now for that man seize and possession be soon recover by seal lease  upon the ground and by bring a ejection firm and try their title so than by  the long suit of assize the four commission be a commission to take nisi prius  direct to none but to the judge themselves and their clerk of assize by which  they be call justice of nisi prius these nisi prius happen in this sort when a  suit be begin for any matter in one of the three court the king bench common  plea or the exchequer here above and the party in their plead do vary in a  point of fact as for example if a action of debt upon obligation the defendant  deny the obligation to be his debt or in any action of trespass grow for take  away good the defendant deny that he take they or in a action of the case for  slanderous word the defendant deny that he speak they c then the plaintiff be  to maintain and prove that the obligation be the defendant deed that he either  take the good or speak the word upon which denial and affirmation the law say  that issue be join betwixt they which issue of the fact be to be try by a jury  of twelve man of the county where it be suppose by the plaintiff to be do and  for that purpose the judge of the court do award a writ of venire facias in  the king name to the sheriff of that county command he to cause four and  twenty discreet freeholder of this county at a certain day to try this issue  so join out of which four and twenty only twelve be choose to serve and that  double number be return because some may make default and some be challenge  upon kindred alliance or partial deal these four and twenty the sheriff do  name and certify to the court and withal that he have warn they to come at the  day accord to their writ but because at his first summons their fall no  punishment upon the four and twenty if they come not they very seldom or never  appear upon the first writ and upon their default there be another writ return  to the sheriff command he to distrain they by their land to appear at a  certain day appoint by the writ which be the next term after nisi prius  justice our men  and assizas to take in hand to come c of which word the writ  be call a nisi prius and the judge of the circuit of that county in that  vacation and mean time before the day of appearance appoint for the jury above  here by their commission of nisi prius have authority to take the appearance  of the jury in the county before they and there to hear the witness and proof  on both side concern the issue of fact and to take the verdict of the jury and  against the day they shall have appear above to return the verdict read in the  court above which return be call a postea and upon this verdict clear the  matter in fact one way or other the judge above give judgement for the party  for who the verdict be find and for such damage and cost as the jury do assess  by those trial call nisi prius the jury and the party be ease much of the  charge they shall be put to by come to London with their evidence and witness  and the court of Westminster be ease of much trouble they shall have if all  the jury for trial shall appear and try their cause in those court for those  court above have little leisure now though the jury come not up yet in matter  of great weight or where the title be intricate or difficult the judge above  upon information to they do retain those cause to be try there and the jury do  at this day in such cause come to the bar at Westminster the five commission  that the judge in their circuit do sit by be the commission of the peace in  every county of their circuit and all the justice of the peace have no lawful  impediment be bind to be present at the assize to attend the judge as occasion  shall call out if any make default the judge may act a fine upon he at their  pleasure and discretion also the sheriff in every shire through the circuit be  to attend in person or by a sufficient deputy allow by the judge all that time  they be within the county and the judge may fine he if he fail or for  negligence or misbehaviour in his office before they and the judge above may  also fine the sheriff for not return or not sufficient return of writ before  they distringa property in land be get and transfer by one to another by these  four manner of way by entry by descent by escheat most usual by conveyance  property by entry be where a man find a piece of land that no other possess or  have title unto and he that so find it do enter this entry gain a property  this law seem to be derive from this text land devoted to son man which be to  be understand to those that will till and manure it and so make it yield fruit  and that be he that enter into it where no man have it before but this manner  of gain land be in the first day and be not now of use in England for that by  the conquest all the land of this nation be in the conqueror hand and  appropriate unto he except religious and church land and the land in ken which  by composition be leave to the former owner as the conqueror find they so that  no man but the bishopric church and the man of ken can at this day make any  great title than from the conquest to any land in England and land possess  without any such title be in the crown and not in he that first enter as it be  by land leave by the sea this land belong of the king and not to he that have  the land next adjoin which be the ancient sea bank this be to be understand of  the inheritance of land videlicet that the inheritance can be gain by the  first entry but a estate for another man life by outlaw may at this day be get  by entry as a man call a have land convey unto he for the life of b die  without make any estate of it there whosoever first enter into the land after  the decease of a get the property in the land for time of the continuance of  the estate which be grant to a for the life of b which b yet life and  therefore the say land can revert till b die and to the heir of a it can go  for that it be not any state of inheritance but only a estate for another man  life which be not descendable to the heir except he be special nam in the  grant videlicet to he and his heir as for the executor of a they can have it  for it be not a estate testamentary that it shall go to the executor as good  and chattel shall so as in truth no man can entitle himself unto those land  and therefore the law prefer he that first enter and he be call  to take into possession and shall hold it during the life of b but must pay  the rend perform the condition and do no waste and he may by deed assign it to  who he please in his life time but if he die before he assign it over then it  shall go again to whosoever first enter and hold and so all the life of b so  often as it shall happen likewise if any man do wrongful enter into another  man possession and put the right owner of the freehold and inheritance from it  he thereby get the freehold and inheritance by seize and may hold it against  all man but he that have right and his heir and be call as seize or if any one  die seize of land and before his heir do enter one that have no right do enter  into the land and hold they from the right heir he be call a abator and be  lawful owner against all man but the right heir and if such person abator or  seize so as the seize have quiet possession five year next after the seize do  continue their possession and die seize and the land descend to his heir they  have gain the right to the possession of the land against he that have right  till he recover it by fit action real at the commonlaw and if it be not sue  for at the commonlaw within threescore year after the seize or abatement  commit the right owner have lose his right by that negligence and if a man  have diverse child and the elder be a bastard do enter into the land and enjoy  it quiet during his life and die thereof so seize his heir shall hold the land  against all the lawful child and their issue property of land by descent be  where a man have land of inheritance and die not dispose of they but leave it  to go as the law cast it upon the heir this be call descent of law and upon  who the descent be to light be the question for which purpose the law of  inheritance prefer the first child before all other and among child the male  before the female and among male the first bear if there be no child then the  brother if no brother then sister if neither brother nor sister then uncle and  for lack of uncle ant if none of they then cousin in the near degree of  consanguinity with these three rule of diversity that the old male shall sole  inherit but if it come to female then they be all in a equal degree of  nearness shall inherit altogether and be call parceners and all they make but  one heir to the ancestor that no brother nor sister of the half blood shall  inherit to his brother or sister but as a child to his parent as for example  if a man have two wife and by either wife a son the old son overliving his  father be to be prefer to the inheritance of the father be feesimple but if he  enter and die without a child the brother shall not be his heir because he be  of the half blood to he but the uncle of the old brother or sister of the  whole blood yet if the old bro there have die or have not enter in the life of  the father either by such entry or conveyance then the young brother shall  inherit the land that the father have although it be a child by the second  wife before any daughter by the first the three rule about descent that land  purchase so by the party himself that die be to be inherit first by the heir  of the father side then if he have none of that part by the heir of the mother  side but land descend to he from his father or mother be to go to that side  only from which they come and not to the other side those rule of descent  mention before be to be understand of feesimples and not of entail land and  those rule be restrain by some particular custom of some particular place as  namely the custom of ken that every male of equal degree of childhood  brotherhood or kindred shall inherit equal as daughter shall be parceners and  in many borough town of England and the custom allow the young son to inherit  and so the young daughter the custom of ken be call gavelkind the custom of  borough burgh English and there be another note to be observe in feesimple  inheritance and that be that every heir have feesimple land or inheritance be  it by commonlaw or by custom of either gavelkind or burgh English be  Chargeable so far forth as the valve thereof extend with the bind act of the  ancestor from who the inheritance descend and these act be collateral  encumbrance and the reason of this charge be who perceive just  to discern by sense debet et disadvantage sive onus as for example if a man  bind himself and his heir in a obligation or do covenant by write for he and  his heir or do grant a annuity for he and his heir or do make a warranty of  land bind he and his heir to warranty in all these case the law charge the  heir after the death of the ancestor with this obligation covenant annuity and  warranty yet with these three caution first that the party must by special  name bind himself and his heir or covenant grant and warrant for himself and  his heir otherwise the heir be not to be touch second that some action must be  bring against the heir while the land or other inheritance rest in he  unaliened away for if the ancestor die and the heir before a action be bring  against he upon those bind covenant or warranties do alien away the land then  the heir be clean discharge of the burden except the land be by fraud convey  away of purpose to prevent the suit intend against he three that no heir be  further to be charge than the valve of the land descend unto he from the same  ancestor that make the instrument of charge and that land also not to be sell  outright for the debt but to be keep in extent and at a yearly valve until the  debt or damage be run out nevertheless if a heir that be sue upon such a debt  of his ancestor do not deal clear with the court when he be sue that be if he  come not in immediate and by way of confession set down the true quantity of  his inheritance descend and so submit himself therefore as the law require  then that heir that otherwise demean himself shall be charge of his own land  or good and of his money for this deed of his ancestor as for example if a man  bind himself and his heir in a obligation of one hundred pound and die leave  but ten acre of land to his heir if his heir be sue upon the bind and come in  and deny that he have any land by descent and it be find against he by the  verdict that he have ten acre this heir shall now be charge by his false plea  of his own land good and body to pay the hundred pound although the ten acre  be not worth ten pound property of land by escheat be where the owner die  seize of the land in possession without child or other heir thereby the land  for lack of other heir be say to escheat to the lord of who it be hold this  lack of heir happen principal in two case first where the land owner be a  bastard second where he be attaint of felony or treason for neither can a  bastard have any heir except it be his own child nor a man attaint of treason  although it be his own child upon attainder of treason the king be to have the  land although he be not the lord of who it be hold because it be a royal  escheat but for felony it be not so for there the king be not to have the  escheat except the land be hold of he and yet where the land be not hold of he  the king be to have the land for a year and a day next ensue the judgement of  the attainder with a liberty to commit all manner of waste all that year in  house garden pond land and wood in these escheat two thing be especial to be  observe the one be the tenure of the land because it direct the person to who  the escheat belong videlicet the lord of the manor of who the land be hold the  manner of such attainder which draw with it the escheat concern the tenor of  land it be to be understand that all land be hold of the crown either mediate  or immediate and that the escheat appertain to the immediate lord and not to  the mediate the reason why all land be hold of the crown immediate or by mesne  lord be this the conqueror get by right of conquest all the land of the realm  into his own hand in demesne take from every man all estate tenure property  and liberty of the same except religious and church land and the land in ken  and still as he give any of it out of his own hand he reserve some retribution  of rend or service or both to he and to his heir which reservation be that  which be call the tenure of land in which reservation he have four institution  exceed politic and suitable to the state of a conqueror see his people to be  part Norman and part Saxon the Norman he bring with he the Saxon he find here  he bend himself to conjoin they by marriage in amity and for that purpose  ordain that if those of his noble knight and gentleman to who he give great  reward of land shall die leave their heir within age a male within twenty-one  and a female within fourteen year and unmarried then the king shall have the  bestow of such heir in marriage in such a family and to such person as he  shall think meet which interest of marriage go still employ and do at this day  in every tenure call knight service the second be to the end that his people  shall still be conserve in warlike exercise and able for his defence when  therefore he give any good portion of land that may make the party of ability  or strength he withal reserve this service that that party and his heir have  such land shall keep a horse of service continual and serve upon he himself  when the king go to war or else have impediment to excuse his own person shall  find another to serve in his place which service of horse and man be part of  that tenure call knight service at this day but if the tenant himself be a  infant the king be to hold this land himself until he come to full age find he  meat drink apparel and other necessary and find a horse and a man with the  overplus to serve in the war as the tenant himself shall do if he be at full  age but if this inheritance descend upon a woman that can serve by her sex  then the king be not to have the land she be of fourteen year of age because  she be then able to have a husband that may do the service in person the three  institution that upon every gift of land the king reserve a vow interest of  marriage go employ in every tenure by knight service and a oath to bind the  party to his faith and loyalty that vow be call homage the oath fealty homage  be to be do between the knee of the lord say in the French tongue I become  your man of life and limb and of earthly honour fealty be to take a oath upon  a book that he will be a faithful tenant to the king and do his service and  pay his rend accord to his tenure the four institution be that for recognizon  of the king bounty by every heir succeed his ancestor in those knight service  land the king shall have primer seize of the land which be one year profit of  the land and until this be pay the king be to have possession of the land and  then to restore it to the heir which continue at this day in use and be the  very cause of sue livery and that as well where the heir have be in ward as  otherwise these beforementioned be the right of the tenure call knight service  in capite which be as much to say as tenure de mask king and capite be the  chief part of the person it be call a tenure in capite or in chief and it be  also to be note that as this tenure be capite by knight service general be a  great safety to the crown so also the conqueror institute other tenor in  capite necessary to his estate as namely he give diverse land to be hold of he  by some special service about his person or by bear some special office in his  house or in the field which have knight service and more in they and these he  call tenor by grand sergeant also he provide upon the first gift of land to  have revenue by continual service of plough his land house park pale castle  and the like and sometime to a yearly provision of glove spur hawk horse hound  and the like which kind of reservation be call also tenor in chief or in  capite of the king but they be not by knight service because they require no  personal service but such thing as the tenant may hire another to do or  provide for his money and this tenure be call a tenure aid money to make the  king old son a knight or to marry his old daughter be likewise due to his  majesty from every one of his tenant in knight service that hold by a whole  fee twenty shilling and from every tenant in soccage if his land be worth  twenty pound per annum twenty shilling vide n fol escuage be likewise due unto  the king from his tenant by knight service when his majesty make a voyage  royal to war against another nation those of his tenant that do not attend he  there for forty day with horse and furniture fit for service be to be assess  in a certain sum by act of parliament to be pay unto his majesty which  assessment be call escuage by soccage in capite the word socagium signify the  plough howbeit in this latter time the service of plough the land be turn into  money rend and so of harvest work for that the king to not keep their demesne  in their own hand as they be wont to do yet what land be de antiquity of  coronae it well appear in the record of the exchequer call the book of  doomsday and the tenant by ancient demesne have many immunity and privilege at  this day that in ancient time be grant unto those tenant by the crown the  particular whereof be too long to set down these tenor in capite as well that  by soccage as the other by knight service have this property that the tenant  can alien their land without licence of the king if he do the king be to have  a fine for the contempt and may seize that land and retain it until the fine  be pay and the reason be because the king will have a liberty in the choice of  his tenant so that no man shall presume to enter into those land and hold they  for which the king be to have those special service do he without the king  leave this licence and fine as it be now digest be easy and of course there be  a office call the office of alienation where any man may have a licence at a  reasonable rate that be at the three part of one year valve of the land  moderate rate a tenant in cap by knight service or grand sergeant be restrain  by ancient statute that he shall not give nor alien away more of his land than  that with the rest he may be able to do the service due to the king and this  be now out of use and to this tenure by knight service in chief be incident  that the king shall have a certain sum of money call aid due to be rateably  levy among all those tenant proportionable to his land to make his old son a  knight or to marry his old daughter and it be to be note that all those that  hold land by the tenure of soccage in capite although not by knight service  can alien without licence and they be to sue livery and pay primer seize but  not to be in ward for body or land by example and resemblance of the king  policy in these institution of tenor the great man and gentleman of this realm  do the like so near as they can as for example when the king have give to any  of they two thousand acre of land this party purpose in this place to make his  dwell or as the old word be his mansion house or his manor house do devise how  he may make his land a complete habitation to supply he with all manner of  necessity and for that purpose he will give of the outermost part of those two  thousand acre one hundred or two hundred acre or more or less as he shall  think meet to one of his most trusty servant with some reservation of rend to  find a horse for the war and go with he when he go with the king to the war  add vow of homage and the oath of fealty wardship marriage and relief this  relief be to pay five pound for every knight fee or after the rate for more or  less at the entrance of every heir which tenant so create and place be and be  to this day call a tenant by knight service and not by his own person but of  his manor of these he may make as many as he will then this lord will provide  that the land which he be to keep for his own use shall be plough and his  harvest bring home his house repair his park pale and the like and for that  end he will give some lesser parcel to sundry other of twenty thirty forty or  fifty acre reserve the service of plough a certain quantity or so many day of  his land and certain harvest work or day in the harvest to labour or to repair  the house park pale or otherwise or to give he for his provision capon hen  pepper come rise gillyflower spur glove or the like or to pay he a certain  rend and to be swear to be his faithful tenant which tenure be call a soccage  tenure and be so to this day howbeit most of the blow and harvest service be  turn into money rend the tenant in soccage at the death of every tenant be to  pay relief which be not as knight service be five pound a knight fee but it be  and so be still one year rend of the land and no wardship or other profit to  the lord the remainder of the two thousand acre he keep to himself which he  use to manure by his bondman and appoint they at the court of his manor how  they shall hold it make a entry of it into the roll of the remembrance of the  act of his court yet still in the lord power to take it away and therefore  they be call tenant at will by copy of court roll be in truth bondman at the  beginning but have obtain freedom of their person and gain a custom by use of  occupy their land they now be call copyholder and be so privilege that the  lord can put they knight service tenure create by the lord be not a tenure by  knight service of the person of the lord but of his manor aid money and  escuage money be likewise due unto the lord of their tenant vide n fol and out  and all through custom some copyholder be for life one two or three successive  and some inheritance from heir to heir by custom and custom rule these estate  whole both for widow estate fine harriots forfeiture and all other thing manor  be in this sort make at the first reason be that the lord of the manor shall  hold a court which be no more than to assemble his tenant together at a time  by he to be appoint in which court he be to be inform by oath of his tenant of  all such duty rend relief wardship copyhold or the like that have happen unto  he which information be call a presentment and then his bailiff to seize and  distrain for those duty if they wree deny or withhold which be call a court  baron and herein a man may sue for any debt or trespass under forty pound  valve and the freeholder be to judge of the cause upon proof produce upon both  side and therefore the freeholder of these manor as incident to their tenor do  hold by suit of court which be to come to the court and there to judge between  party and party in those petty action and also to inform the lord of duty of  rend and service unpay to he from his tenant by this course it be discern who  be the lord of land such as if the tenant die without heir or be attaint of  felony or treason shall have the land by escheat now concern what attainder  shall give the escheat to the land it be to be note that it must either be by  judgement of death give in some court of record against the felon find guilty  by verdict or confession of the felony or it must be by outlawry of he the  outlawry grow in this sort a man be indict for felony be not in hold so as he  can be bring in person to appear and to be try insomuch that process of capias  be therefore award to the sheriff who not find he return non be invention in  bailiff of me and thereupon another cap be award to the sheriff who likewise  not find he make the same return then a writ call a exigent be direct to the  sheriff command he to proclaim he in his county court five several court day  to yield his body which if the sheriff do and the party yield not his body he  be say by the default to be outlaw the coroner there adjudge he outlaw and the  sheriff make the return of the proclamation and of the judgement of the  coroner upon the back side of the writ this be a attainder of felony whereupon  the offender do forfeit his land by a escheat to the lord of who they be hold