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for that the Kings do not keep their demesne in their hands as they were wont to do: yet what lands were de antiquo dominico corona well appeareth in the records of the Exchequer, called the Book of Doomsday. And the tenants be now called tenants in ancient demesne, and have many immunities and privileges at this day that in ancient times were granted to those tenants by the crown; the particulars whereof are too long to set down.

1 These tenures in capite, as well that by socage as the others by knight-service, have this property; that the tenants cannot alien their lands without license of the King; if they do, the King is to have a fine for the contempt, and may seize the land and retain it until the fine be paid. And the reason of this seemeth to be, for that the King would have a liberty in the choice of his tenant; so that no man should presume to enter into those lands and hold them, for which the King was to have those special services done him, without the King's leave.

This license and fine as it is now digested is easy and of course. There is an office called the Office of Alienations; where any man may have a license at a reasonable rate, that is, at the third part of one year's value of the land; and if there be an alienation without license, then in this office the party may compound for his fine at one's year's value of the land, moderately rated.

A tenant in capite by knight-service or grand serjeanty was restrained by an ancient statute, that he should not give nor alien away more of his lands than that with the rest he might be able to do the service due to the King; but this is now out of use.

And to this tenure by knight-service in chief was incident, that the King should have a sum of money, called aid, to be ratably levied amongst all those tenants proportionably to their lands, to make his eldest son a knight, or to marry his eldest daughter.

And it is to be noted, that all those that hold lands by the tenure of socage in capite, although not by knight-service, cannot alien without license; and they are to sue livery, and pay primer seisin, but not to be in ward for body or land.

By example and resemblance of the King's policy in these institutions of tenures, the great men and gentlemen of the

'This paragraph is omitted by Harl. MS. It does not stand well with some of the succeeding paragraphs, and we probably have a mixture of two different recensions.

realm did the like as near as they could; as for example, when the King had given to any of them two thousand acres of land, this party, purposing in this place to make his dwelling, or, as the old word is, his mansion or his manor house, (of maneo and thence manerium,) did devise how he might make his land a competent habitation to supply him with all manner of necessaries; and for that purpose, first, he would give of the uttermost parts of these two thousand acres, one hundred or two hundred acres, more or less as he should think meet, to some of his own trusty servants, (with some reservation of rent,) to find a horse for war, and go with him when he went with the King to the wars, adding the vow of homage, the oath of fealty, wardship, marriage, and relief. This relief is to pay five pounds for every knight's fee, or after that rate for more or less, at the entrance of every heir. Which tenant so created and placed was, and is to this day, called a tenant by knight-service, not of his own person, but of his manors. Of these he might make as many as he would.

Then this lord would provide that the land which he was to keep for his own use should be ploughed, and his harvest brought home, his house repaired, or his park paled, or the like: and for that end he would give some less parcels to sundry others, of twenty, thirty, forty, or fifty acres; reserving the service of ploughing, either a certain quantity, or so many days, of his land, and certain harvest works or days in harvest to labour, or to repair the house, park-pale; or otherwise to give him, for his provision, capons, hens, pepper, cummin, roses, gilliflowers, spurs, gloves, or the like; or to pay him a certain rent; and to to be sworn to be his faithful tenant; which tenure was called a socage tenure, and is so to this day; howbeit most of the ploughing and harvest services are turned into money rents. These tenants, at the death of every tenant, were to pay a relief, which was not, as knight-service is, five pounds a knight's fee; but it was, and so is still, one year's rent of the land; and no wardship or other profit to the lord.

The remainder of the two thousand acres, which he kept to himself, he used to manure by his bondmen, and appointed them at the courts of his manor how they should hold it, making an entry of it into the roll of the remembrances of the acts of his court; yet still in the lord's power to take it away: and therefore they were called tenants at will, by copy of court roll;

being in truth bondmen at the beginning; but having attained freedom of their persons, and gained a custom by use in occupying their lands, they are now called copyholders, and are so privileged by this custom as that the lord cannot put them out. Some copyholders are for the life of one, two, or three successively; some inheritances from heir to heir by custom; and custom ruleth these estates wholly, both for widows' estates, fines, heriots, forfeitures, and all other things.

Manors being in this sort at the first made, it grew out of reason that the lord of the manor should hold a court; which is no more than to assemble his tenants at times by him to be appointed; in which court he has to be informed, by oath of his tenants, of all such duties of rents, reliefs, wardships, copyholds, or the like, that had happened unto him; which information is called a presentment; and then his bailiff was to seize and distrain for those duties, if they were denied or withholden. This court is called a court baron: and herein a man may sue for any debt or trespass under forty shillings value, and the freeholders are to judge of the cause upon the proofs produced on both sides. And therefore the freeholders of these manors, as incident to their tenure, do hold by suit of court; which is, to come to the court, and there to judge between party and party in these petty actions, and also to inform the lord of duties of rents, and services unpaid to him from his tenants.

By this discourse it is discerned who be the lords of lands such as, if the tenants die without heir or be attainted of felony, shall have the land by escheat.

Now, concerning what attainders shall give the escheat to the lord, it is to be noted, that it must be either by judgment of death, pronounced in some court of record against the felon found guilty, by verdict or confession, of the felony; or it must be by outlawry of him.

This outlawry groweth in this sort: a man is indicted for felony, being not in hold, so as he cannot be brought in person to his trial; so as therefore process of capias is awarded to the sheriff to take him; who finding him not, returneth non est inventus in balliva mea; and thereupon another capias is awarded to the sheriff, who likewise, not finding him, maketh the like return; then a writ which is called an exigent is directed to the sheriff, commanding him to proclaim him in his county court five several court days, to yield his body; which if the

sheriff do, and the party yield not his body, then he is, by that default, said to be outlawed; the coroners adjudging him there outlawed, and the sheriff making return of the proclamations and of the judgment of the coroners upon the back side of the writ. This is an attainder of felony, whereupon the offender doth forfeit his lands, by an escheat, to the lord of whom they be holden.

But note, that a man found guilty by verdict or confession, and praying his clergy, and thereupon reading as a clerk, and so burnt in the hand and discharged, is not attainted; because he by his clergy preventeth judgment of death, and is called a clerk convict, who loseth no lands, but all his goods, chattels, leases, and debts.

So a man indicted that will not answer, nor put himself upon trial, although he by this have judgment to be pressed to death, yet he doth forfeit no lands, but goods, chattels, leases, and debts; except his offence be treason, and then he forfeiteth his lands to the crown.

So a man that killeth himself loseth no lands, but his goods, chattels, leases, and debts. So of those that kill others in their own defence, or by misfortune.

A man that, being pursued for felony, flyeth for it, loseth his goods for his flying, although he return and be tried, and found not guilty of the fact.

So a man indicted of felony, if he yield not his body to the sheriff until after the exigent for proclamation be awarded against him, this man doth forfeit his goods for his long tarryance, although he be found not guilty of the felony. But none is attainted to lose his lands, but such as have judgment of death upon trial, by verdict or their own confession, or else that they be by judgment of the coroners outlawed as before.

Besides these escheats of lands to the lords of whom they be holden for lack of heirs, and by attainder for felony, which only do hold place in fee-simple lands, there are also forfeiture of lands by attainder to the crown. As namely, if one that hath entailed lands commit treason, he forfeiteth his lands to the crown, by a statute made 26 H. VIII. But if he commit felony he forfeiteth only the profits of his lands for his life to the crown, but not to the lord.

And if a man, having an estate for life only of himself or of another, commit treason or felony, the whole estate is forfeited to the crown; but no escheat to the lord.

But all copyhold of fee-simple or for life is forfeited to the lord and not to the crown; and if it be entailed, the lord is to have it during the life of the offender only, and then his heir is to have it.

The custom of Kent is, that gavelkind land is not forfeited nor escheated for felony; for they have an old saying, "the father to the bough, and the son to the plough."

If the husband was attainted, the wife was to lose her thirds in cases of felony and treason both; yet she is no offender. But, at this day, it is holpen by statute law that she loseth them not for her husband's felony.

The relation of these forfeitures are these: First, that men attainted of felony or treason by verdict or confession do forfeit all the lands they had at the time of the offence committed; and the King or lord, whichsoever of them hath the escheat or forfeiture, shall come in and avoid all leases, statutes, conveyances, or incumbrances done by the offender at any time since the offence done. And so is the law also clear, if a man be attainted for treason by outlawry. But upon attainder of felony by outlawry, it hath been much questioned in law books whether the lord's title by escheat shall reach back to the time of the offence done, or only of the date or test of the writ of exigent for proclamation whereupon he is outlawed: howbeit, at this day it is ruled that it shall reach back to the time of his fact. But for goods, chattels, and debts, the King's title shall look no further back than to such goods as the party attainted by verdict or confession had at the time of the verdict or confession given or made, and in outlawries at the time of the date of the exigent, as well in treasons as felonies. Wherein it is also to be observed that, upon the party's first apprehension, the King's officers may seize all his goods and chattels and preserve them together, dispending only so much out of them as is fit for sustentation of the party in prison, without wasting or disposing them, until conviction: and then the property of them is in the crown, and not before.

It is also to be noted, that persons attainted of felony or treason have no capacity to take, obtain, or purchase, save only to the use of the King, until they be pardoned. And the pardon giveth not back the lands or goods forfeited without a special patent of restitution; and such patent of restitution cannot restore the blood without an act of parliament. So that if a

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