Heirs in Marriage in fuch a Family, and to fuch Perfons as he fhould think fit; which Intereft of Marriage went ftill implied, and is at this Day in every Tenure call'd Knight's-Service.

15. The fecond was, to the End that his People fhould be still continued in warlike Exercises, and able for his Defence. When, therefore, he gave any good Portion of Lands, that he might make the Party of Ability or Strength, he withal referved this Service, that the Party and his Heirs having fuch Lands, fhould keep a Horfe of Service continually, and serve upon him, himself, when the King went to War: or elfe having Impediment, to excufe his own Perfon, fhould find another to ferve in his Place: which Service of Horfe and Man, is a Part of that Tenure call'd Knight'sService at this Day.

16. But if the Tenant himself be an Infant, the King is to hold this Land himself till he come to full Age, finding him Meat, Drink, Apparel, and other Neceffaries; and finding a Horfe and Man with the Overplus, to ferve in the Wars; as the Tenant himself should do, if he were at full Age.

17. But if this Inheritance fhould defcend upon a Woman, that cannot serve by her Sex, then the King is not to have the Lands; fhe being fourteen Years of Age; becaufe fhe is then able to have a Husband that may do the Service in Perfon.

18. The third Inftitution was, that upon every Gift of Land, the King referv'd a Vow and Oath, to bind the Party to his Faith and Loyalty; that Vow was called Homage, and the Oath Fealty. Homage is to be done kneeling; holding his Hands between the Knees of the Lord; faying in French, I become your Man of Life and Limb, and of earthly Honour. Fealty is to take an Oath upon a Book, that he will be a faithful Tenant to the King, and do his Service, and pay his Rents according to his Tenure.

19. The fourth Inftitution was, that for Recognition of the King's Bounty, by every Heir fucceeding his Anceftor in those Knight's-Service Lands, the King fhould have Primier Seifin of the Lands, which is one Year's Profit of the Lands; and till this be paid, the King is to have Poffeffion of the Land, and then to reftore it to the Heir; which continues at this Day, and is the very Caufe of fuing Livery, and that as well where the Heir has been in Ward, as otherwife.

pite.

20. These are the Rights of the Tenure call'd Knight's-Service in Ca- Knight's Serpite; which is as much as to fay, a Tenure de Perfona Regis; and Caput vice in Cabeing the chiefeft Part of the Perfon, it is call'd a Tenure in Capite, or in chief. 'Tis alfo to be noted, that as this Tenure in Capite by Knight'sService, generally was a great Safety to the Crown; fo alfo the Conqueror inftituted other Tenures in Capite, neceffary to his Eftate; viz. he gave diverfe Lands to be held of him, by fome fpecial Service about his Perfon, or by bearing fome fpecial Office in his House, or in the Field, which have Knight's-Service, and more in them; and these he call'd Tenures by grand Sergeantry. He alfo provided, upon the firft Gift of Lands,

to

The Inftitu

cage in Ca. pite.

to have Revenues by continual Service of ploughing his Land, repairing his Houses, Parks, Pales, Castles, and the like: And fometimes to a yearly Provision of Gloves, Spurs, Hawks, Horfes, Hounds, and the like; which kind of Refervations are call'd alfo Tenures in chief, or in Capite of the King; but they are not by Knight's-Service; becaufe they required no perfonal Service; but fuch things as the Tenants may hire another to do, or provide by Money.

21. And this Tenure is call'd a Tenure by Soccage in Capite; the tion of Soc- Word Socagium fignifying the Plough; tho in later times, the Service of ploughing the Land is turned into Money Rent; and fo of Harvest Works; because the Kings do not keep their Demefne in their own Hands, as they used to do; yet what Lands were de antiquo Dominio Corona, well appears in the Records of the Exchequer call'd the Book of Doomsday. And the Tenants, by ancient Demefne, have many Immunities and Privileges at this Day, that in ancient Times were granted to thofe Tenants by the Crown; the Particulars whereof are too long to fet down.

Office of Alienation.

Aid, what.

Tenants by

in Capite.

22. Thefe Tenures in Capite, as well that by Soccage, as the others by Knight's-Service, have this Property; that the Tenants cannot alien their Lands without Licence of the King: if they do, the King is to have a Fine for the Contempt, and may feize the Land, and retain it till the Fine be paid. The Reafon is, because the King would have a Liberty in the Choice of his Tenant; fo that no Man fhall prefume to enter into thofe Lands, and hold them, for which the King was to have those special Services done him, without the King's Leave. This Licence and Fine, as it is now digefted, is eafy, and of Course.

23. There is an Office call'd the Office of Alienation, where any Man may have Licence at a reasonable Rate; that is, at the third part of one Year's Value of the Land moderately rated. A Tenant in Capite by Knight's-Service, or grand Sergeantry, was reftrained by 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 disused.

24. And to this Tenure by Knight's-Service in Chief, was incident that the King should have a certain Sum of Money, call'd Aid, due to be ratably levied among all thofe Tenants proportionably to his Lands, to make his eldest Son a Knight, or to marry his eldest Daughter.

25. And it is to be obferved, that all thofe who hold Lands by the Soccage and Tenure of Soccage in Capite, altho not by Knight's-Service, cannot alien without Licence; and they are to fue Livery, and pay Primier Seifin, but not to be in Ward for Body or Land.

Manors, how

26. In Imitation of the King's Policy in thefe Inftitutions of Tenures, firft created. the great Men and Gentlemen of this Realm did the like, as near as they could thus when the King had given to any of them two thousand Acres of Land, the Party purpofing in this Place to make his Dwelling; or, as the old Word is, his Manfion-Houfe, or his Manor-Houfe, devised how he might make his Land a complete Habitation, to fupply him with

all

vice.

all Neceffaries; and for that purpose he would give of the extreme Parts of those two thousand Acres, a hundred, or two hundred Acres, more or lefs, as he fhould think fit, to one of his moft trufty Servants, with fome Refervation of Rent, to find a Horfe for the Wars, and go with him when he went with the King to the Wars; adding a Vow of Homage, and 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 lefs, at the Entrance of every Heir; which Tenant fo created and placed, was, and is to this Day call'd a Tenant by Knight's-Service, and not by his own Tenant by Person, but of his Manors: of these he might make as many as he plea- Knight's-Serfed. Then this Lord would provide that the Land he was to keep for his own Ufe, fhould be ploughed, and his Harveft brought home, his House repaired, his Park paled, and the like: and for that end he would give fome leffer Parcels to fundry others, of twenty, thirty, forty, or fifty Acres; referving the Service of ploughing a certain Quantity, or fo many days of his Land, and certain Harvest Works, or Days in the Harvest, to labour; or to repair the Houfe, Park-Pale, or otherwife; or to give him for his Provifion, Capons, Hens, Pepper, Cumin, Rofes, Gilliflowers, Spurs, Gloves, or the like; or to pay him a certain Rent, and to be fworn his faithful Tenant; which Tenure was call'd a Soccage Tenure; Soccage-Teand is fo to this Day: tho most of the Ploughing and Harvest Services arenure. turned into Money Rents.

25. The Tenants in Soccage, at the Death of every Tenant, were to pay Relief of TeRelief, which was not as Knight's-Service is, five Pounds a Knight's Fee; nants in Socbut it was, and is ftill fo, one Year's Rent of the Land; and no Ward-cage. ship, or other Profit to the Lord. The Remainder of the two thousand Acres he kept to himself; which 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 ftill in the Lord's Power to take it away; and therefore they were call'd Tenants at Will, by Copy of Court-Roll; being in truth Tenure by Bond-men at the beginning: but having obtained Freedom of their Per-Copy. fons, and gain'd a Cuftom by ufe of occupying their Lands, they now are call'd Copy-holders, and are fo priviledged, that the Lord cannot put them out; and all thro Custom. Some Copy-holders are for Lives; one, two, or three fucceffively; and fome Inheritances from Heir to Heir by Cuftom; and Cuftom rules thefe Eftates wholly, both for Widows, Eftates, Fines, Harriots, Forfeitures, and all other things.

26. Manors being thus made at the first, it was reasonable the Lord of Court-Baron. the Manor fhould hold a Court; which is no more than to affemble his Tenants together at a time by him appointed: in which Court he was to be informed, by the Oath of his Tenants, of all fuch Duties, Rents, Reliefs, Wardships, Copy-holds, or the like, that had happened to him; which Information is call'd a Prefentment and then his Bailiff is to seize and distrain for those Duties, if they were denied or with-held. This Court is call'd a Court-Baron: and herein a Man may fue for any Debt or Tref VOL. II. pafs

K k

What Attain

pafs under forty Pound Value; and the Freeholders are to judge of the Caufe, upon Proof produced on both fides. And therefore the Freeholders of thefe Manors, as incident to their Tenures, do hold by Suit of Court; which is to come to the Court, and there to judge between Party and Party in thofe petty Actions; and alfo to inform the Lord of Duties, Rents, and Services unpaid to him from his Tenants. By this Course it is difcerned who are the Lords of Lands; fuch as if the Tenants die without Heir, or be attainted of Felony or Treafon, fhall have the Land by Efcheat.

27. Now for what Attainders fhall give the Efcheat to the Lord; it ders give the muft either be by Judgment of Death, given in fome Court of Record Efcheat to the against the Felon found guilty by Verdict, or Confeffion of the Felony; or elfe by Outlawry of him.

Lord.

Outlawry.

Prayer of
Clergy.

Standing

mute.

Felo de fe, and flying.

Not furrendring.

28. The Outlawry proceeds thus. A Man is indicted for Felony, being not in hold; fo that he cannot be brought in Perfon to appear and be tried; infomuch that Procefs of Capias is therefore awarded to the Sheriff, who not finding him, returns, non eft inventus in balliva mea; and thereupon another Capias is awarded to the Sheriff, who likewife, not finding him, makes the fame Return; then a Writ, call'd an Exigent, is directed to the Sheriff, commanding him to proclaim him, in his County-Court, five feveral Court-Days, to yield his Body: which if the Sheriff do, and the Party yield not his Body, he is faid, by the Default, to be out-law'd; the Coroners there adjudging him out-law'd, and the Sheriff making the Return of the Proclamations, and of the Judgment of the Coroners upon the Back-fide of the Writ. This is an Attainder of Felony; whereupon the Offender forfeits his Lands, by an Escheat to the Lord of whom they are held.

29. But a Man found guilty of Felony by Verdict or Confeffion, and praying his Clergy; and thereupon reading as a Clerk, and fo burnt in the Hand and discharged; is not attainted; becaufe by his Clergy he prevents the Judgment of Death, and is call'd a Clerk-Convict; who lofes not his Lands, but all his Goods, Chattels, Leafes, and Debts.

30. So a Man indicted, that will not anfwer, nor put himself upon Trial, altho he be by this to have Judgment of preffing to Death, yet he forfeits no Lands; but Goods, Chattels, Leafes, and Debts; except his Offence be Treafon; and then he forfeits his Lands to the Crown.

31. So à Man that kills himfelf fhall not lofe his Lands, but his Goods, Chattels, Leafes, and Debts and the like of thofe that kill others in their own Defence, or by Misfortune. A Man that being purfued for Felony, and flys for it, lofes his Goods for his flying; altho he return and is tried, and not found guilty of the Fact.

32. So a Man indicted of Felony, if he yield not his Body to the Sheriff till after the Exigent of Proclamation is awarded against him, forfeits all his Goods for his Delay; altho he be not found guilty of the Felony but none are attainted to lofe Lands, befides fuch as have Judg

ment

ment of Death by Trial upon Verdict, or their own Confeffion, or are by Judgment of the Coroner's out-law'd, as before.

33. Befides the Efcheats of Lands to the Lords of whom they are held Forfeiture of for want of Heirs, and by Attainder of Felony; which only hold Place Lands to the in Fee-fimple Lands; there is alfo Forfeiture of Lands to the Crown, but not to the Lord.

Crown.

34. And if a Man having an Estate for Life of himself, or of another, For Treafon. commit Treafon or Felony, the whole Eftate is forfeited to the Crown; but no Efcheat to the Lord.

35. But a Copy-hold, for Fee-fimple, or for Life, is forfeited to the Lord, and not to the Crown; and if it be entail'd, the Lord is to have it during the Life of the Offender only; and then his Heir is to have it. 36. The Custom of Kent is, that Gavelkind-Land is not forfeitable, nor efcheatable, for Felony for they have an old Saying; The Father to the Bough, and the Son to the Plough.

37. If the Hufband was attainted, the Wife was to lose her Thirds, in Cafes of Felony or Treafon; yet fhe is no Offender; but at this Day 'tis held by Statute-Law, that fhe lofes them not for the Hufband's Felony. The Relation of thefe Forfeits runs thus. That Men attainted of Felony or Treason, by Verdict or Confeffion, forfeit all the Lands they had at the time of the Offence committed; and the King or the Lord, whoever of them has the Efcheat or Forfeiture, fhall come in, and avoid all Leafes, Statutes, or Conveyances done by the Offender, at any time since the Offence committed. And fo the Law is clear alfo, if a Man be attainted for Treafon by Out-lawry. But upon Attainder of Felony by Out-lawry, it has been much doubted by the Law Books, whether the Lord's Title by Escheat shall relate back to the time of the Offence done, or only to the Date or Teft of the Writ of Exigent for Proclamation; whereupon he is out-law'd: tho at this Day it is ruled, that it fhall reach back to the time of his Fact; but for Goods, Chattels, and Debts, the King's Title fhall look no further back than to thofe Goods which the Party attain'd by Verdict or Confeffion, had at the time of the Verdict and Confeffion, given or made; and in Out-lawries, at the time of the Exigent, as well in Treafons as Felonies: wherein it is to be observed, that Felany. upon the Parties being first apprehended, the Kings Officers are to seize all the Goods and Chattels, and preferve them together; difpending only fo much out of them, as is fit for the Suftentation of the Perfon in Prifon; without any Waste or difpofing of them till Conviction; and then the Property of them is in the Crown, and not before.

38. Note alfo, that Perfons attainted for Felony or Treafon, have no Capacity to take, obtain, or purchase, fave only to the Ufe of the King, till the Party be pardoned. Yet the Party gives not back his Lands or Goods, without a fpecial Patent of Reftitution; which cannot reftore the Blood without an Act of Parliament. So if a Man have a Son, and then is attainted of Felony or Treafon, and pardoned; and purchases Lands, and then has Iffue another Son, and dies; the Son he had before he was Kk 2

pardoned,