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of the diocess might, if he would, claim him as a

clerk, and he was to see him tried in the face of the

court whether he could read or not. The book was

prepared and brought by the bishop, and the judge

was to turn to some place as he should think meet;

and if the prisoner could read, then the bishop was

to have him delivered over unto him, to dispose of

in some places of the clergy as he should think

meet: but if either the bishop would not demand

him, or that the prisoner could not read, then was

he to be put to death.

And this clergy was allowable, in the

Seancient?y in ancient times and law, for all offences,

all offences, whatsoever they were, except treason, except treason ,,. , ...

and robbing of and the robbing of churches of their

nowtaken goods and ornaments. But by many

away;, l. in _ statutes made since, the clergy is taken

away for murder, burglary, robbery,

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4 Putse'cut purse-cutting, horse-stealing, and divers ting. s. Horse- other felonies particularized by the "'divers Xr statutes to the judges; and lastly, by offences. By a statute made 18 Elizabeth, the judges w^'juriges themselves are appointed to allow clergy are to allow t0 g^,), as can rearJ being not such clergy, and to , , . ,

see them burn- offenders from whom clergy is taken

andtodiS.8TM1, away bv any statute, and to see them

charge the pri- burned in the hand, and so discharge

soners without ., ... . , u .r

delivering them, without delivering them to the

bishop0"'' bishop; howbeit, the bishop appointeth the deputy to attend the judges with a book to try whether they can read or not.

The third commission that the judges of circuits have, is a commission directed to themselves only, and the clerk of assize, to take assizes, by which they are called justices of assize; and the office of those justices is to do right upon writs called assizes, brought before them by such as are wrongfully thrust out of their lands. Of which number of writs there was far greater store brought before them in ancient times than now; for that men's seisins and possessions are sooner recovered by sealing leases upon the ground, and by bringing an ejectione firmce, and trying their title so, than by the long gaits of assizes.

4. Commis- ^he f°ur'h commission is a commission to take sion to take Nisi prius, directed to re'eteo^'tef'two none but to the judges themselves, and ihe°derknor t'le'r cler'lB °f assizes, by which they the assise. are called justices of Nisiprius. These JtutPmu. iVY»iprius happen in this sort; when a suit is begun for any matter in one of the three courts, the king's bench, common pleas, or the exchequer here above, and the parties in their pleadings do vary in a point of fact; as for example, if in an action of debt upon obligation the defendant denies the obligation to be his debt; or in any action of trespass grown for taking away goods, the defendant denieth that he took them; or in action of the case for slanderous words, the defendant denieth that he spake them, &c. Then the plaintiff is to maintain and prove that the obligation is the defendant's deed, that he either took the goods or spake the words: upon which denial and affirmation the law saith, that issue is joined betwixt them, which

issue of the fact is to be tried by a jury of twelve men of the county, where it is supposed by the plaintiff to be done, and for that purpose the judges of the court do award a writ of Venire facias in the king's name to the sheriff of that county, commanding him to cause Jfour and twenty discreet freeholders of his couqty, at a certain day, to try this issue so joined; out of which four and twenty only twelve are chosen to serve. And that double number is returned, because some may make default, and some be challenged upon kindred, alliance, or partial dealing.

These four and twenty the sheriff doth name and certify to the court, and withal, that he hath warned them to come at the day according to their writ. But because at the first summons there fa]leth no punishment upon (lie four and twenty if they come not, they very seldom or never appear upon the first writ; and upon their default there is another writ* returned to the sheriff, com- . Diltrisru manding him to distrain them by their The manner lands to appear at a certain day ap- °f justices'"? pointed by the writ, which is the next circuits. The

«. .-»»■! course the

term after, " Nisi prius justiciani nos- judges hold in

tri ad assisas capiendas venerint," etc. ^i>rfi2! °f of which words the writ is called a Nisi prius, and the judges of the circuit of that county in that vacation, and mean time, before the day of appearance appointed for the jury above, here by their commission of Nisi prius have authority to take the appearance of the jury in the county before them, and there to hear the witnesses and proofs on both sides, concerning the issue of the fact, and to take the verdict of the jury, and against the day they should have appeared above, to return the verdict read in the court above, which return is called a Postea.

And upon this verdict clearing the matter in fact, one way or other, the judges above give judgment for the party for whom the verdict is found, and for such damages and costs as the jury do assess.

By those trials called "Nisi prius," the juries and the parties are eased much of the charge they should be put to, by coming to London with their evidences and witnesses; and the courts of Westminster are eased of much trouble they should have, if all the juries for trials should appear and try their causes in those courts; for those courts above have little leisure now. Though the juries come not up, yet in matters of great weight, or where the title is intricate or difficult, the judges above, upon information to them, do retain those causes to be tried there, and the juries do at this day, in such cases, come to the bar at Westminster.

The fifth commission that the judges s. Commisin their circuits do sit by, is the com- m°",jon\,TMhe mission of the peace in every county of pence The their circuit. And all the justices of jl^e'lnd the the peace, having no lawful impediment, ^'{^(J fj£ to are bound to be present at the assizes judges in their to attend the judges, as occasion shall coun'yfall out; if any make default, the judges may set a fine upon him at their pleasure and discretions. Also the sheriff in every shire through the circui is

Postea

to attend in person, or by a sufficient deputy allowed by the judges, all that time they be within the county, and the judges may fine him if he fail, or for negligence or misbehaviour in his office before them, the judges above may also fine the sheriff, for not returning, or not sufficient returning of writs before them.

Property in lands, how gotten or transferred.

I. By entry.
II. By descent.
III. By escheat.

IV. Most usually by conveyance.

I. Property by entry is, where a t^orfflrto man findeth a piece of land that no be gained by other possesseth, or hath title unto, and ,""> he that so findeth it doth enter, this en

try gaineth a property. This law seemeth to be derived from this text, " Terram dedit filiis hominum," which is to be understood, to those that will till and manure it, and so make it yield fruit: and that is he that entereth into it, where no man All lands in na^ 't oc^ore- But this manner of England were gaining lands was in the first days, and or s, andTeid >s not now of use in England, for that

°f 'I""; eiYeli by tne Con1uest a11 ,ne land of tnis gfous and '' nation was in the Conqueror's hands,

a.hThe lands and appropriated unto him; except of the men of religious and church lands, and the lands K<m in Kent, which by composition were

left to the former owners, as the Conqueror found them; so that none but the bishoprics, churches, and the men of Kent, can at this day make any greater title than from the Conquest, to any lands in England. And lands possessed without any such title, are in the crown, and not in him Land left bv tnat first entereth; as it is in land left theseabelong- by the sea; this land belongeth to the ° king, and not to him that hath the

lands next adjoining, which was the ancient sea banks. This is to be understood of the inheritance of lands, namely, that the inheritance cannot be gained by the first entry. But an estate for another man's life by occupancy, may at this day be gotten by entry. As a man called A. having land conveyed unto him for the life of B. dieth without making any estate of it, there, whosoever first entereth into the land after the decease of A. getteth the property in the land for time of the continuance of the estate which was granted to A. for the life of B. which B. yet liveth, and therefore the said land cannot revert till B. die. And to the heir of A. it cannot go, for that it is not any estate of inheritance, but only an estate for another man's life; which is not descendable to the heir, except he be specially named in the grant, namely, to him and his heirs. As for the executors of A. they cannot have it, for it is not an estate testamentary, that it should go to the executors as goods and chattels should, so as in truth no man can entitle himself unto those lands; and therefore the law preferreth him that first entereth, and he is called occupans, and shall hold it during the life of B. but must

pay the rent, perform the conditions, and do no waste: and he may by deed assign it to whom he please in his life-time. But if he die before he assign it over, then it shall go again to whomsoever first entereth and holdeth; and so all the life of B. so often as it shall happen.

Likewise, if any man doth wrongfully enter into another man's possession, and put the right owner of the freehold and inheritance from it, he thereby getteth the freehold and inheritance by disseisin, and may hold it against all men, but him that hath right, and his heirs, and is called a disseisor. Or if any one die seised of lands, and before his heir doth enter, one that hath no right doth enter into the lands, and holdeth them from the right heir, he is called an abator, and is lawful owner against all men but the right heir.

And if such person abator or disseisor, so as the disseisor hath quiet possession five years next after the disseisin, do continue their possession, and die seised, and the land descend to his heir, they have gained the right to the possession of the land against him that hath right, till he recover it by fit action real at the common law. And if it be not sued for at the common law, within threescore years after the disseisin, or abatement committed, the right owner hath lost his right by that negligence. And if a man hath divers children, and the elder, being a bastard, doth enter into the land, and enjoyeth it quietly during his life, and dieth thereof so seised, his heirs shall hold the land against all the lawful children, and their issues.

II. Property of lands by descent is, property 0f where a man hath lands of inheritance lauds by deand dieth, not disposing of them, but leaving it to go, as the law casteth it, upon the heir. This is called a descent in law, and upon whom the descent is to light, is the question. For which purpose, the law of inheritance preferreth the first child before all others, and amongst children the male before the female; and amongst males the first born. If there be no children, then the brother; if no brother, then sisters; if neither brothers nor sisters, then uncles, and for lack of uncles, aunts; if none of them, then cousins in the nearest degree of consanguinity, with these three rules of diversities. 1. That the eldest male shall solely inherit; but if it come Xee^tej to females, then they being all in an equal degree of nearness shall inherit all together, and are called parceners, and all they make but one heir to the ancestor. 2. That no Brother or su

brother or sister of the half blood shall t<-r 01; the half . , . , . , , . . . . blcx-J shall not

inherit to his brother or sister, but as inherit to his

a child to his parents: as for example, ^/"'tVut"Oti

if a man have two wives, and by either a child to his

wife a son, the eldest son over-living Parenls

his father, is to be preferred to the inheritance of

the father, being fee-simple: but if he entereth and

dieth without a child, the brother shall not be his

heir, because he is of the half blood to him, but the

uncle of the eldest brother or sister of the whole

blood: yet if the eldest brother had died, or had not entered in the life of the father, either by such entry or conveyance, then the youngest brother should inherit the land that the father had, although it were a child by the second wife, before any

Patent daughter by the first The third rule about descents: The land purchased so by the party himself that dieth, is to be inherited; first, by the heirs of the father's side; then, if he have none of that part, by the heirs of the mother's side. But lands descended to him from his father or mother, are to go to that side only from which they came, and not to the other side.

Those rules of descent mentioned before are to be understood of fee-simples, and not of entailed lands; and those rules are restrained by some particular customs of some particular fa^p'TacM.'*'' places: as namely, the customs of Kent, that every male of equal degree of childhood, brotherhood, or kindred, shall inherit equally, as daughters shall, being parceners; and in many borough towns of England, the custom alloweth the youngest son to inherit, and so the youngest daughter. The custom of Kent is called, Gavelkind. The custom of boroughs, Burgh-English.

And there is another note to be observed in feesimple inheritance, and that is, that every heir having fee-simple land or inheritance, be it by common law or by custom, of either Gavelkind or BurghEnglish, is chargeable, so far forth as the value thereof extendeth, with the binding acts of the ancestors from whom the inheritance descendeth: and these acts are collateral encumbrances, and the reason of this charge is, " Qui sentit commodum, sentiredebet etincommodum sive onus." hav jna land is As f°r example, if a man bind himself bound by the and his heirs in an obligation, or do binding acta , . . „ , . , , .

of his ances- covenant by writing for him and his

named.1'0 be heirs, or do grant an annuity for him

and his heirs, or do make a warranty of land, binding him and his heirs to warranty: in all these cases the law chargeth the heir after the death of the ancestor with this obligation, covenant, annuity, and warranty: yet with these three cautions: first, that the party must by special name bind himself and his heirs, or covenant, grant, and warrant for himself and his heirs; otherwise the heir is not

to be touched. Secondly, that some Dp7owu.4' action must be brought against the

heir, whilst the land or other inheritance resteth in him unaliened away: for if the ancestor die, and the heir, before an action be brought against him upon those bonds, covenants, or warranties, do alien away the land, then the heir is clean discharged of the burden; except the land was by fraud conveyed away of purpose to prevent

the suit intended against him. Thirdly, ^Plowd49 tnat no heir is farther to be charged

than the value of the land descended unto him from the same ancestor that made the

instrument of charge, and that land

P?PpVcase a'so' not t0 ^e so'^ ou'-right for the debt, but to be kept in extent, and at a yearly value, until the debt or damage be run out. Nevertheless, if an heir that is sued upon such a

VOL. I. 2 P

debt of his ancestor do not deal clearly with the

court when he is sued, that is, if he u . .

'Heir charged

come not m immediately, and by way for his false

of confession set down the true quan- plea

tity of his inheritance descended, and so submit

himself therefore, as the law requireth, then that

heir that otherwise demeaneth himself, shall be

charged of his own lands or goods, and of his

money, for this deed of his ancestor. As for

example; if a man bind himself and his heirs in an

obligation of one hundred pounds, and dieth leaving

but ten acres of land to his heir, if his heir be sued

upon the bond, and cometh in, and denieth that he

hath any lands by descent, and it is found against

him by the verdict that he hath ten acres; this heir

shall be now charged by his false plea of his own

lands, goods, and body, to pay the hundred pound,

although the ten acres be not worth ten pound.

III. Property of lands by escheat, is p rty of

where the owner died seised of the lands lands by es

in possession without child or other causes oTe^

heir, thereby the land, for lack of other cheat, l. Has.

heir, is said to escheat to the lord of tainderof

whom it is holden. This lack of heir J1?5*??11, , , ..... felony,

happeneth principally in two cases:

First, where the land's owner is a bastard. Secondly,

where he is attainted of felony or treason. For

neither can a bastard have any heir, except it be his

own child, nor a man attainted of treason, although

it be his own child.

Upon attainder of treason the king is Attainder of

to have the land, although he be not treason enti

tleth the king

the lord of whom it is held, because it though lands' is a royal escheat. But for felony it is *v<a holden not so, for there the king is not to have wise in attainthe escheat, except the land be holden £ecr foUhere7' of him: and yet where the land is not J^'J^*11 holden of him, the king is to have the VUm,,Hcmet land for a year and a day next ensuing «*,*'<"Bthe judgment of the attainder, with a liberty to commit all manner of waste all that year in houses, gardens, ponds, lands, and woods.

In these escheats two things are especially to be observed; the one is, the .'"tenure'' tenure of the lands, because it directeth 2 The manthe person to whom the escheat belong- SSnder **" eth, namely, the lord of the manor of whom the land is holden. 2. The manner of such attainder which draweth with it the escheat. Concerning the tenure of lands, it is to be understood, that all lands are holden of the crown either mediately or immediately, and that the escheat nppertaineth to the immediate lord, and not to the mediate. The reason why all land is holden of the crown immediately, or by mesne lords, is this:

The * Conqueror got by right of . The Con conquest all the land of the realm into nueror got all his own hands in demesne, taking from the realm tato every man all estate, tenure, properly, Jjffdh^l^erved and liberty of the same, except religious rents and and church lands, and the land in Knight's serKent; and still as he gave any of it vire/« co/nV« out of his own hand, he reserved some tuted."S'

retribution of rents, or services, or both, to him and to his heirs; which reservation is that which is called the tenure of land.

~„„„„„ In which reservation he had four in

tion in stitutions, exceeding politic and suitable

knight'swr. tQ the gtate of a eonqueror.

First, Seeing his people to be part

1. Marriage of Normans, and part Saxons, the Northe wards. 2.; L o

Horse for ser- mans he brought with him, the Saxon* mage aniiHl> ne found nere: he bent himself to conlealty. 4. join them by marriages in amity, and rh'e noUcy'of for that purpose ordained, that if those win there" °^ *"8 I10D'es' knights, an°" gentlemen, servation of to whom he gave great rewards of lands, services. should die, leaving their heir within age, a male within twenty-one, and a female within fourteen years, and unmarried, then the king should have the bestowing of such heirs in marriage in such a family, and to such persons as he should think meet; which interest of marriage went still implied, and doth at this day in every tenure called knight's service.

Reservation sec0IU' was' '° *ne en0- tnat n*s

that his te- people should still be conserved in warkeep 8ahorae exercises, and able for his defence, of service, When therefore he gave any good porMponliim t'on of lands, that might make the party

himself when 0f abilities or strength, he withal rethe Kintr went s

to war. served this service, that that party and

his heirs having such lands, should keep a horse of service continually, and serve upon him himself when the king went to wars; or else, having impediment to excuse his own person, should find another to serve in his place: which service of horse and man is a part of that tenure called knight's service at this day.

But if the tenant himself be an infant, the king is to hold this land himself until he come to full age, finding him meat, drink, apparel, and other necessaries, and finding a horse and a man with the overplus, to serve in the wars, as the tenant himself should do if he were at full age.

But if this inheritance descend upon a woman that cannot serve by her sex, then the king is not to have the lands, she being of fourteen years of age, because she is then able to have a husband that may do the service in person.

3 I itu I * "^ne tn'rt* 'nst'tution was>tnat upon

oftheCon'-0" every gift of land the king reserved a

nants by his faith and loyalty: that vow was ilce vow*'" called homage, the oath fealty. Ho2 FealtaSe' maSe's *° be done kneeling, holding his hands between the knees of the lord, saying in the French tongue, 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 Bervice, and pay his rents according to his tenure.

* Aid money to make the king's eldest son a knight, or to marry his eldest daughter, is likewise due to his Majesty from every one of his tenants in knight's service, that hold by tt whole fee '20.?. and from every tenant in socage, if his land he worth twenty pound per annum, 20s.

f Escuage was likewise due unto the king from his tenant

f The fourth institution was that for recognition of the king's bounty by wa^ft'r'recogevery heir succeeding his ancestor in nitionofthe those knight s service lands, the king ty, every heir should have primer seisin of the lands, Vea?s prcSst which is one year's profit of the land; bf the lands and until this be paid, the king is to SiS.**"" have possession of the land, and then to restore it to the heir; which continuelh at this day in use, and is the very cause of suing livery, and that as well where the heir hath been in ward, as otherwise.

These before mentioned be the rights of the tenure, called knight's service in f^mpiuZT capite, which is as much to say, as tenure rfsprr.

* . . * rono regit.

tenure de persona regis; and caput Tenants bv

being the chiefest part of the person, it fTM.,^^

is called a tenure M capite, or in chief, relict at the

And it is also to be noted, that as this everyChe'ir,

tenure in capite by knight's service which wa*o«

, ~ * °. , vears value

generally was a great safety to the oftnelandsso

crown, so also the Conqueror instituted Jri»«"'nrand other tenures in capite necessary to his serieanty. estate; as namely, he gave divers lands jean'ty*" to be holden of him by some special service about his person, or by bearing some special office in his house, or in the field, which have knight's service and more in them, and these be called tenures by grand serjeanty. Also he provided upon the first gift of lands to have revenues by continual service of ploughing his land, repairing his houses, parks, pales, castles, and the like. And sometimes to a yearly provision of gloves, spurs, hawks, horses, hounds, and the like; which kind of reservations are called also tenures in chief, or m capite of the king, but they are not by knight's service, because they required no personal service, but such things as the tenant may hire another to

do, or provide for his money. And this _ .

. _ r. ... . Theinstiro

tenure is called a tenure by socage in tion of socage

capite, the word soca signifying the {MSftSS

plough; howbeit in this latter time, the turned into

service of ploughing the land, and of money-rFnl

harvest works, is turned into money-rent, for that

the kings do not keep their demesne in their own

hands, as they were wont to do; yet what lands

were de antiquo domiuio corona', it well appeareth

in the records of the exchequer called the book of

Doomsday. And the tenants in ancient demesne

have many immunities and privileges at this day.

that in ancient times were granted unto those tenants

by the crown; the particulars whereof are too long

to set down.

These tenures in capite, as well that by socage 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 seize the land, and retain it until the fine be paid. And the reason is,

by knight's service: when his Majesty made a vovage royal to war against another nation, those of his tenants that did not attend him therefor forty days with horse and furniture fit f>r service, were to be assessed in a certain sum hv act of parliament, to be paid unto his Majesty; which assessment is called escuage.

Tenants by socage in

because 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 licence and fine, as it is now

digested, is easy and of course.

„_ . ,. There is an office called the office of Office of alien- ,. , ,

ation. A li- alienation, where any man may have a

ation is^h'e6" licence at a reasonable rate, that is,

third part of at the third part of one year's value of

vafue'orthe the land moderately rated. A tenant

land mode- ,n Capile by knight's .service or grand rately rated. .' 1 ° . , 0 .

serjeanty, was restrained 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: and this is now out of use.

hat t0 l'1'8 ,enure °y knight's service

Tenants by in chief was incident, that the king

knights ser. gho,,^ have a certain sum of monev vice * n cupite * paid it to called aid, due, to be ratably levied

king's'eldest amongst all those tenants proportionably

son a knight, to their lands, to make his eldest son a or to marry ... . . ., . ,

his eldest knight, or to many his eldest daughter.

dau.'hNr. And jt ig ,0 be note(J) that Bjj thoge

that hold lands by the tenure of socage in capite, although not by knight's service, cannot alien without licepce, and they are to sue livery, and pay primer seisin, but not to be in ward for body or land.

How manor* By example and resemblance of the

were at first king's policy in these institutions of

Manorscre- tenures, the great men and gentlemen

ated by great 0f this realm did the like so near as men in lmita- .. m

tion of the king they could; as for example, when the tfonSofTM1.""' king had given to any of them two nures. j< thousand acres of land, this party purword manor, posing in this place to make a dwelling,

v/cfftenure're- or' as ,ne °^ wor^ 's> his mansion*ervedtocom- house, or his manor-house, did devise rnon persons. fc<)w hg mjght make hig lflnd ft com

plete habitation to supply him with all manner of necessaries; and for that purpose, he would give of the uttermost parts of those two thousand acres, 100 or 200 acres, or more or less, as he should think meet, to one of his most trusty servants, with some reservation of rent, to find a horse for the wars, and go with him when he went with the king to the wars, adding vow of homage, and the oath of * fealty, Relief is si. to wardship, marriage, and relief. This be paid by relief is to pay five pound for every by'tnigh*?1 knight's fee, or after that rate for more

ford1 'iV h'* or 'ess at tne en,rance °^ evei7 heir;

which tenant so created, and placed, was and is to this day called a tenant by knight's service, and not by his own person, but of his manors; of these he might make as many as he Socage tenure would. Then this lord would provide r«erved by that the land which he was to keep for

his own use should be ploughed, and his harvest brought home, his house repaired, his

* Knight's service tenure created by the lord, is not a tenure by knight's service of the person of the lord, but of his manor.

park paled, and the like: and for that end he would give some lesser parcels to sundry others, of twenty, thirty, forty, or fifty acres: reserving the service of ploughing a certain quantity, or so many days of his land, and certain harvest works or days in the harvest to labour, or to repair the house, park-pale, or otherwise, or to give him for his provision, capons, hens, pepper, cummin, roses, gilli flowers, spurs, gloves, or the like: or to pay to him a certain rent, and to be sworn to be his faithful tenant, which tenure was called .1 socage tenure, and is so to this day; howbeit most of the ploughing and harvest service are turned into money rents. + The tenants in socage at the death Relief of te

of every tenant were to pav relief, which i""" in socage, '. . ,j . . - j oneyear'srent

was not as knight s service is, five pound and no ward

a knight's fee: but it was, and so is "hie,lTM °th" o ~» profit upon the

still, one years rent of the land; and dying of the no wardship 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 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 bond- villenage or

men at the beginning: but having ob- tenurebjeopy , . , - . 6 - .? . 6 , or court-toll,

tamed freedom or their persons, and

gained a custom by use of occupying their lands, they now are called copyholders, and are so privileged that the lord cannot put them out, and all through custom. Some copyholders are for lives, one, two, or three successively; and some inheritances, from heir to heir by custom; and custom ruleth these estates wholly, both for widows' estates, fines, herriots, forfeitures, and all other things.

Manors being in this sort made at court baron the first, reason was that the lord of the with theuse'of manor should hold a court, which is no more than to assemble his tenants together at a time by him to be appointed; in which court he was to be informed by oath of his tenants, of all such duties, rents, reliefs, wardships, cOpyholds, or the like, that had happened unto him; which information is called a presentment, and then his bailiff was to seise and distrain for those duties if they were denied or withholden, which 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 proof produced upon both sides. And there- Sujt to ne fore the freeholders of these manors, as court of the incident to their tenures, do hold by {^"1TM^ suit of court, which is to come to the n,<0[Jje!r£''ee" court, and there to judge between party and party in those petty actions; and also to inform the lord of duties, rents, and services unpaid to him from his tenants. Uy this course it is discerned who be the lords of lands, such as if the tenants die without heir, or be attainted of felony or treason, shall have the land by escheat.

t All money and escuage money is likewise duo unto the lords of their tenant*.

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