TEnant en fee simple ●…he whiche hath landes or tenementes to holde to hym and to his heyres for euer . And it is called in latin feodum simplex , for feodum is called inheritance and simplex is asmuche to saye as lawful or pure , and so feodum simplex is as much to say as lawfull or pure inheritaunce . For if a man will purchase landes or tenementes in fee simple , it behoueth hym to haue these woordes in his purchase , to haue and to hold vnto hym and to his heires , for these words his heires make the estate of inheritance . Anno. 20. H. 6 Folio . 38.

¶ For if any man purchase landes by these wordes , to haue and to hold to hym for euer , or by suche woordes to haue and to holde to hym & to his ass●ignes for euer . In these two cases he hath none estate but for terme of life for that , that he lacketh these wordes his heires , whiche wordes onely make the estate of inheritaunce , in al feoffementes and grauntes .

And if a man purchase landes in fee simple and dye without issue , euery one that is his next cosyn collaterall of the whole bloud , how farre soeuer that he be from hym of degree , may inherite and haue the same land as heire to hym . But yf there be father and son , and the father hath a brother , which is vncle vnto the sonne , and the son purchaseth lande in fee simple and dyeth without issue liuyng the father , the vncle shall haue the lande , as heire vnto the sonne , & not the father ( yet the father is more nye of bloud vnto the sonne ) for that that ther is a ground in law , that inherytance may linially descend , but not linially ascende , yet if the sonne in such case die without issue & his vncle entreth into the land as heir vnto the sonne so as he ought by the law , and after if the vncle decease without issue liuing the father than shal the father haue the lande as heire vnto the vncle , & not heire vnto the son , for that , that he commeth vnto the land by collateral discent , & not by linial ascencion .

And in such case where the son purchaseth land in fee simple , & dieth without issue , they of his bloud on the fathers side shal inheryte as heyre vnto hym , before any of the bloud of the mothers side . But if he haue none heyre on the fathers syde , than shall the land discend vnto his heire on the mothers side . And thys is the oppinion of al the Iustices . M. 12. E. 4. fol. 14. But there it was holden if any lande discend vnto a man by the fathers syde which dyeth without issue , that his next heire on the fathers syde shal inherite vnto him , that is to say the next of bloud of the father of the graund fathers syde . And for defaut of such an heyre thei that be of the fathers bloud of the parte of the mothers , of the father ( that is to saye ) the graundmother ought to inherite . And if ther be no such heire on the fathers syde , than the lorde shall haue the land by eschete . And so it is if a man take a wyfe inherite in fee simple , which hath issue a son & dieth , & the son entreth into the tenementes as sonne & heire vnto hys mother , & after dieth without issue , the heyres on the mothers side ought to inherite the tenementes , & not the heires on the fathers side .

And if there be none heires on the mother side than the lord of whom the same land is holden , shal haue the same sand by eschete . In the same maner it is if landes discend vnto the sonne on the fatherside , & entreth & after dyeth without issue , the land shal discend vnto the heyres on the fathers syde , & not vnto the heires on the mother side . And if ther be none heires on the father side , than the lord of whom the lande is holden shal haue the same land by eschete . And so ye may se the diuersitie , wher the son purchaseth landes in fee simple , & where he commeth into those landes or tenementes by discent on the father syde or on the mother side .

Also if ther be thre brethren , & the myddle brother purchaseth land in fee simple & dyeth without issue the elder brother shal haue the land by discent & not the yonger . Also if ther be . 3. brethren , & the yongest brother purchaseth land in fee simple & dieth without issue the elder brother shal haue the land by discent , & not the middle brother , for that that the elder brother is more worthy of bloud .

¶ And it is to bee vnderstande that no man shal haue lande in fee simple by discent as heyre vnto any manne , but that he be hys heire of the hole bloud . For if a man haue issue 2. sunnes , by . 2. ventres & the elder purchaseth land in fee simple and dyeth without issue , the yonger brother shal not haue the land but the vncle of the elder brother or some other hys nigh cosyn shal haue it , for that , that the yonger is but of the halfe bloude to the elder brother . And if a man haue a son and a daughter by one ventre , and a son by a nother ventre , and the sonne by the first ventre purchaseth lande in fee simple and dyeth without issue , the lister shall haue the lande by discente as heyre vnto her brother and not the younger brother , for that that the sister is of the whole bloude to her elder brother .

And also where a man is seased of land in fee simple , and he hath issue a son and a daughter by one ventre and a son by a nother ventre and dyeth , and the elder son entreth and dyeth without issue , the daughter shall haue the lande and not the yonger son , and yet is the yonger son heyre vnto his father and not-his brother . But if the elder son enter not into the lande after the death of his father , but dyeth before enter made by hym , then the yonger brother may enter and haue the lande as heire vnto his father . But where the elder son in the case aforesayde entreth after the death of his father and therof hath possession , than the sister shal haue the lande . Quia possessio fratris de feodo simplici facit sororem esse heredem . For the possession of the brother in fee simple maketh the sister to be heir .

But if there bee two brethren by dyuers ventres , and the elder is seased in fee simple and dyeth without issue and his vncle entreth as heire vnto hym , which also dyeth without issue , than the yonger brother maye haue the lande as heyre vnto his vncle , because he is of the whole bloude to hym though he be but of half bloude vnto his elder brother .

And it is to vnderstande that this worde inheritaunce , is not onely vnderstand where a man hath landes or tenementes by discent of heritage . But also euery fee simple or fee tayls that a man hath by his purchase , may be sayde inheritaunce , for that , that his heyres may inherite hym . For in a writ of right that a man bryngeth of land , that was of his own purchase , the writ shal saye : Quam clamat esse ius & here ditatem suam . That is to saye , which he claymeth to be his ryght and his inheritaunce . And so it shal be sayde in diuers other writes which a man or a woman bringeth of theyr owne purchase , as it appereth by the register .

And of suche thynges as a man may haue a manuell occupacion , possession , or rescent as of landes , tenementes , rentes , and such other , a man shall say in his pledyng and in way of barre , that one such was seased in his demesn̄ as of fee . But of suche thynges that lye not in manuell occupacion . &c. as of auowson of a churche , and such maner thing , there he shall saye that he was seased as of fee . and not in his demesne as of fee . And in latin it is in the same case sayd . Quod talis fuit seis●…us in dominico suo vt in feodo , that is to say , that such one was seased in his demeane as of fee , and in that other , Quod talis fuit seisitus &c. ●t de feodo that is to say that one such was seased as of fee .

And note well that a man may not haue a more large ne greater estate of inheritaunce than fee simple .

Also purchase is called the possession of landes or tenementes that a man hath by his dede or by his agrement , vnto which possession he commeth not by discent of any of hys auncesters or of his cosyns , but by hys owne dede .

¶ Fee tayle .

TEnaunt in fee tayle is by force of the statute of Westminster the seconde . Capi. primo for at the comon law before the sayde statute , al inheritaunce wer fee simple for al the gyfies which been specified within the same statute , were fee simple condicionally , as it appereth by the rehearsal of the statute . And nowe by the same statute tenaunt in the taile is sayde in two maners , that is to say , tenant in taile generall , & tenant en tayle speciall .

Tenaunt in tayle generall , is wher landes or tenementes be geuen to a man and to hys heyres of his body begotten . In this case it is sayde generall tayle , fo● that that whatsoeuer woman that the tenant taketh vnto wyfe , yf he haue many wyues , and by eche of them hath issue , yet eche one of these issues by possibilitye maye inherite the tenementes by force of the sayde gyft , because that euery such issue is of his body engendred .

In the same maner is where landes and tenementes be geuen to a woman and to the heires comming out of her body how be it that she haue many housbandes , yet the issue that she may haue by eche husbande may inheryte as issue in the tayle by force of suche gyftes . And therfore such gyftes been called general tayle .

Tenant in tayle speciall , is where landed and tenementes he geuen vnto a man and his wife and the heires of theyr two bodyes begotten . In such case none may inherit by force of such gift , but those that be engendred betwene them two and it is called especial tail for that if the wyfe dye , & he taketh another wyfe and hath issue the issue of the second wife shal neuer inherite by force of such gyft . Nor also the issue of the seconde housbande yf the fyrst husband dye .

In the same maner it is where landes and tenementes bee geuen by a man vnto another with a wyfe , which is the daughter or cosyn to the geuer in franke mariage . which gift hath inheritance by these wordes franke mariage vnto it annexed , howbeit that they be not expressy sayde or rehersed in the gifte , that is for to say that these donees shal haue these landes or tenementes to them and to theyr heyres betwene them two engendred , & thys is sayde especial tayle for that the issue of the seconde wife may not inherite .

And note wel that this worde tallyare is to say to set vnto some certaintie or els limit vnto some certain inheritance . And for that , that it is limit & set in certain , what issue shal inherite by force of such giftes , and how long that the inheritance shal indure : Therfore it is called in latin feodum talliatum .i. hereditas in quadam certitudine limitata . For if tenant in general taile die without issue the donour or his heires shall inherite as in theyr reuercion . In the same wyse is of the tenant in the tayle special . &c. For in euery gyfte of the tayle without more saying , the reuercion of fee simple is in the donour .

And the donees and theyr heyres shall do to the donour and to hys heyres , suche seruices as the donour dothe vnto his lorde next aboue . Excepte the donees in franke Maryage , whiche shall holde quietely from euerye maner seruice ( but if it be for fealtie ) vntyll the fourth degree bee passe . And after that the fourth degree is past , the issue in the fifth degree and so foorth the other issues after hym , shall holde of the donour & of his heires , as they holde ouer as is aforesayde .

And the degrees in franke mariage shal be accompted in such maner , that is to say , from the donour to the donees in franke mariage the fyrst degre , for that , that the wife that is one of the donees ought to bee daughter syster or other cosyn to the donour . And from the donees vnto theyr issue shal be accompted the seconde degree . And from theyr issue vnto theyr issue , the thyrde degree and so forth . &c.

And the cause is , for that after euery such gyft , the issues that come of the donour , and the issues that come of the donees after the fourth degree paste , of bothe parties in suche forme to bee accompted , may betwixt them by the law of holy churche intermarye . And that the donee in franke mariage shall be the fyrst degree of the fowre degrees a man may se in a plee vpon a write of ryght of warde . Anno 31. E. 3. wher the playntyf pleded , that his aile or graundfather was seased of certain landes &c. And that he helde of another by knyght seruice . &c. which gaue the lande vnto one Rafe Holande with his sister in franke mariage . &c. And all these tayles before sayde be specified in the sayde estatute of westminster the seconde .

Also there bee diuers other estates in the tayle , howbeit that they be not specifyed by expresse woordes in the sayde estatute , but they betaken by the equitie of the statute , as if landes be geuen vnto a man & to his heires males of his body engendred . In suche case his heyre male shall inherite , and the issue female shall neuer inherite , yet in these other tayles aforesayd it is otherwyse . In thesame maner it is yf landes be geuen to a man and to heires females of his body engendred . In this case his issue females shal inherit by force & forme of the said gift & not the issue male , for that in such cases wher the gift is , who ought to inherite and who not , the wyl of the donour shal be obserued . And in the case where landes be geuen to a man & to his heyre males issuyng of his body , & he hath issue two sonnes and deceaseth the elder sonne entreth as heire male and hath issue a daughter and deceaseth , his brother shall haue the lande and not the daughter , for that the brother is heyre male . But it shal be other wyse in these other ta●ies aforesayde , which ben especifyed in the sayde estatute , the daughter shall inherite before the brother .

Also yf lande be geuen vnto a man , and to his heyres males of his body engendred and he hath issue a daughter , whiche hath issue a sonne and deceaseth and after that the donor deceaseth : in this case the sonne of the daughter shall not inherite by force of the tayle , for that whosoeuer shall inherite by force of a gyft in the tayl made vnto his heyres males behoueth to conuey his discent alway by the males . M. 18. E. 3. folio . 45. But in suche case the donour shall entre for that the donee is dead without issue male in the lawe . In so muche that the issue of the daughter may not conuey to hym the discent of heyre male . And in the same maner is it where landes be geuen to a man and to his wyfe & to his heyres males of theyr two bodyes ingendred &c.

Also yf tenementes bee geuen to a manne and his wyfe ▪ and to the heyres of the bodye of the manne ingendred , in this case the husbande hath estate in the general tayle and the wyfe but estate for terme of lyfe .

Also yf landes bee geuen to the housbande and to the wyfe , and to the heyres of the husbande which he ingendreth of the body of the wyfe . In this case the husbande hath estate in the speciall tayle , and the wyfe but for terme of life .

And yf the gift be made to the housbande and to the wyfe , and to the heyres of the wyfe of her body by the husband ingendred , than the wyse hath estate in the speciall taile , and the husbande but for terme of lyfe . But if landes be geuen to the husband and the wife , and to the heyres that the husband iugēdreth on the bodye of the wyfe . In this case bothe haue estate in the tayle for that this woorde ( heyres ) is not limitted no more to the one than to the other .

Also yf landes be geuen to a man and hys heyres that he engendreth on the body of his wyfe in this case the husbande hath estate in the tayle special , and the wyfe nothyng .

Also yf a man haue issue a sonne , and deceaseth , and the lande is geuen to the sonne , and to the heyre of the body of his father ingendred , this is a good tayle , and yet the father was dead at the tyme of the gyft .

Also there be many other estates in the tayle by the equetie of the sayd estatute that be not specified here . But if a man geue landes or tenementes to another to haue and to hold to hym and to his heyres males , or to hys heyres femalez , he to whom such gyft is made hath fee simple , for that that it is not limitted by the gyft of what body the issue male or female shal be , and so it may not in any thing be taken by the equitie of the sayd estatute , and therfore he hath fee simple .

¶ Tenant en tayle after possibilitie of issue extinct .

TEnant in the tayle after possibilitie of the issue extinct , is wher as landes or tenementes bee geuen vnto a man and his wyfe in speciall tayle , if one of them decease without issue , he that suruiueth is tenaunt in the tayle after possibilitie of issue extinct . And yf they haue issue during the lyfe of the issue , he that suruiueth shal not be sayd tenant in the tayle after possibilitie of issue extincte . Yet if the issue decease without issue , so that there be none aliue that may inherit by force of the tayle , then he that suruiueth of the donees is tenant in the tayle after possibilitie of issue extinct .

Also if landes be geuen to a man and to his heires that be engendred on the body of his wife . In this case the wyfe hath nought in the tenementes , and the house band is seased as donee in speciall tayle . And in thys case if the wyfe decease without issue of her body engendred by her housbande , then the housebande is tenaunt in the tayle after possibilitie of issue extinct .

And note well that none maye bee tenaunt in the tayle after possibilitie of issue extincte , but one of the donees or the donee in speciall tayle , for the donee in generall tayle may neuer be sayde tenaunt in the tayle after possibilitie of issue extinct , for that alway dutyng his lyfe , he may by possibilitie haue issue that may inherite by force of the same tail . And so in the same man the issue that is heire vnto the donees in a speciall tayle maye not be sayde tenaunt in tayle after possibilitie . &c. causa qua supra .

Also tenant in tayle after possibilitie of issue extinct , shall neuer be punished of wast , for the inheritance that once was in hym . Anno. 10 H. 6. fol. 1. But he in the reuercion maye entre , if he doth alien in fee . An. 45. E. 3. fo. 22.

¶ Tenaunt by the curtesy of Englande .

TEnaunt by the curtesye of Englande , is where a man taketh a wyfe seased in fee simple , or of fee tayle generall , or as heyre in the tayle speciall , and hath issue by the same wyfe male or female . The issue after beyng dead or aliue if the wife decease , the husband shal hold the lande during his life by the law of Englande , and this is called tenant by the curtesye for that it is not vsed in none other realme but onely in Englande . And some say that it shal not be sayd tenaunt by the curtesye , but if that chylde that he hath by his wyfe be hard crye , for by the crye is the proofe that the child that he had by his wife was horne .

¶ Tenant in dower .

TEnant in dower is where a man is seased of certayn landes or tenementes in fee simple , or in tayle general or as heyre in the ●a● special and taketh a wyfe and deceaseth the wyfe after the decease of her husband shal be endowed of the thyrde part of suche landes or tenementes that wer her housbandes in any tyme duryng the couerture , to haue and to holde to the same wyfe in seueraltie by mete● and boundes for terme of her lyfe , whether she haue by her housbande issue or none , and of what age that the wyfe bee , so that she passe the age of nyne yeare at the tyme of her housbandes death or els she shall not bee endowed . And note well that by the common lawe the wyfe shall not haue for her dower but thyrde parte of the tenementes , whiche were her housbandes duryng the espousels . By custome of some countrey she shall haue the halfe , and by custome of some towne or boroughe she shall haue the whole , and i● all these cases she shall bee sayde tenaunt in dower .

¶ Also ther is two other maner of dowers , that is to say , dower called dowement in the church doore and dower called dowment by the fathers assent . Dowement at the churche dore is , where a man of ful age is seased in fee simple whiche shall be wedded vnto a wyfe , when he cometh vnto the churche doore , and there after affyaunce , and trueth plight made beetwene them , endoweth hys wyfe of his whole lande , or of the halfe or lesse parcell , & there openly declare the quantitie and the certayne of hys lande that she shall haue for her dower . In thys case the wyfe after the death of her housbande shall entre into the said quantity of lande , of which her housband endowed her without the assignement of any manne . Downement by the fathers assent , is where the father is seased of tenementes in fee , and hys sonne and heyre apparente when he is wedded , indoweth hys wyfe at the churche doore of parcell of the landes or tenementes of his fathers of th assent of hys father , and assygneth the quantitie of the parcelles . In this case after the death of the sonne , the wyfe shal enter in thesame parcell without the assignement of any other . But it hath ben sayd in this case that it behoueth the wyfe to haue a dede of the father , prouyng his assent and consent of suche indowement . And if after the deaths of the housbande she enter and agree to anye suche dower of the sayde two dowers at the churche doore , than she is concluded to claime any other Dower by the common lawe of anye landes or tenementes , whiche were of her sayde housebande . But if she will she may refuse suche Dower at the Churche doore , & than she may be endowed after the course of the common lawe . And note well that no wyfe shall bee endowed of the fathers assent in the fourme aforefayde , saue where the husband is sonne and heyre apparaunte to hys father .

¶ Inquere in these twoo cases of Endowement at the Churche doore if the wyfe at the tyme of the death of her houseband , passe not the age of .9 . yeres , if she shal haue such Dower or no.

¶ And note well , that in all cases where the certaynetie appeareth what landes or tenementes the wyfe shall haue for her Dower , the wyfe maye enter after the deathe of her housebande without assygnement of anye other . But where the certayne appeareth not , as to be endowed of the thyrde parte to haue in seuerall , or to bee endowed of the halfe after the custome to holde in seueraltie . In suche cases it behoueth that her Dower be vnto her assygned after the deathe of her housebande , because it is not limitte beefore the assygnemente what parte of lande or tenementes she shal haue for her Dower . But if there bee twoo ioyntenantes of certayne landes in fee , and the one alyeneth that , that to hym pertayneth and belongeth , to another in fee , which taketh a wyfe and after dyeth . In this case the wyfe for her Dower shall haue the third part of the halfe that her husbande purchased , to holde in common and occupye in common as her part amounteth with the heyre of her houseband , and with the other ioyntenant whiche aliened not , for that in such case her dower may be assigned by metes and boundes .

¶ And it is to vnderstande , that the wyfe shall not be endowed of landes or tenementes that her husband ioyntly helde with another at the tyme of his death . But where he holdeth in common otherwise it is , as in the case aforesayde . And it is to wit that if the tenant in tayle endowe his wife at the church dore as it is aforesaid that shall serue for little or naught to the wyfe for that the after the death of her husband the issue in the tayle may entre vpon the possession of the wife , & so may he in the reueren if ther be none issue in the tayle alyue .

¶ Also if a manne seysed in fee simple being within age endowe his wife at the churche dore , and dyeth , and the wife entreth . In this case the heyre of the husband may put her out . But otherwise it is as it semeth where the father is seysed in fee , and the sonne within age endowe hys wyfe of his fathers assente , the father than being of full age .

¶ Also there is another Dower whiche is called Dowement de la pius beale . And that is as in suche case that a manne is seised of .xl. acres of lande , and he holdeth .xx. of the sayd .xl. acres of one man by knightes seruice , and the other .xx. acres of an other in socage , & taketh a wyfe , and hath issue a sonne , and dieth his sonne being within the age of .14 . yeres and the lord of whom the lande is holden by knightes seruice entreth into the .xx. acres of lande holden of hym , and them hath and occupyeth as warden in chinalrye during the childes nonage , and the childes mother entreth in the remnaunt , and it occupyeth as garden or warden in Socage . If in thys case the wyfe bring a writte of Dower agaynst the warden in chiualtye to be endowed of the tenementes holden by knightes seruice in the kinges court or in anye other court , the warden in chiualrye may plede in such case all the mater , and shew howe the wife is warden in socage as it is aforesayd , and prayed that it may be adiudged by the court that the wife endow her self of the most fayre called plus beale of the tenementes that she hath as wardeyn in socage after the value of the third parte that she claymeth to haue of the tenementes in chiualrye by her writ of Dower , and if the wife may not gainsay it , then the iudgement shal be made that the wardein in chiualrye shal hold the landes holden of hym during the nonage of the chylde quyte from the woman &c. And that the woman may endowe her selfe of the most fayre part of the landes that she hath , as wardeyn in socage to the valure of the thyrde parte that the wardeyn in chiualrye hath ▪ &c. And after suche iudgement geuen , the wyfe may take her neyghboures , and in theyr presence endowe her self by metes and boundes of the fayrest part of the tenementes that she hath as wardeyne in socage to the valure of the thyrde parte of the landes that the warden in chiualrye hath , and that to haue & hold for terme of her lyfe . And suche dower is called dower of the fayrest part or de plus beale .

¶ with thys agreeth . P. xlv . E. iii. fol. 4. But there it was sayd , that after the time that the heyre come to his full age , the wyfe shall haue a newe accion of dower agaynst the heyre to be endowed of the third part of al that the man dyed seised And note well that such dowement may not be , but where the iudgement is geuen in the kinges court , or in some other court . And the wyfe may doe this for saluacion of the state of the warden in chiualry during the nonage of the childe . And so ye may see fyue maner of dowers , that is to say dowement by the common lawe , dower by custome , dower at the church doore , dower of the fathers assent and dower of the most fayre . And remember that in euery case where a man taketh a wyfe seased of such estate of tenementes &c. so that the issue that he hath by his wyfe may by possibilitie inherite thesame tenementes of such estate that the wyfe hath , as heyre to the wyfe : In such case after the wyfe is dead , he shall haue thesame tenementes by the courtesy of Englande , and otherwise not .

¶ And also in euery case where the wife taketh an husband seised of such estate of tenementes . &c. so that by possibilitie it maye hap the wife to haue some issue by her husband , & that thesame issue may by possibilitie inherite thesame tenementes of such estate that the husband had , as heyre to his father , of such tenementes she shall haue her dower , and otherwise not . For if the tenementes be geuen vnto a man & to the heyres that he geatteth on his wifes bodi , in such case the wife hath naught in the tenementis . And the husband hath estate but as done in special taile . Yet if the husband die without issue , thesame wife shal be endowed of thesame tenntꝭ , for that the issue that she by possibilitie might haue had by thesame husband , may inherite thesame tenementis . But if the wife decease liuing the husband , & after taketh another wife , the second wife shal not be endowed in this case , Causa qua supra .

¶ A manne was seised of certain landes , and toke a wife , and after aliened thesame landes with warrantye , and after the feoffour and feoffre died , and the wife of the feoffour bringeth an accion of dower agaynst the issue of the feoffee , and he vouched the heyre of the feoffour , and during the voucher and not termined , the wyfe of the feoffe bringeth an action of dower against the heyre of the feoffe , and demaundeth the third parte of al that her housebande was seised , and woulde not demaunde the third part of those twoo parties that her houseband was seised it was iudged that she shoulde haue no iudgement vntil the tyme that the other plee were determined . And also note that Vauasour sayeth , that if a manne be seised of landes and committeth felonye , and alieneth , and after is attaynted , the wife shall haue good accion of dower agaynst the feoffee . But if it bee escheted vnto the kyng , or vnto the Lorde , she shall haue no writte of dower . And so see the diuersitie , and inquere the cause .

¶ Tenant for terme of lyfe .

TEnant for terme of life , is where a manne letteth landes or tenementes to a man for terme of life of the lessee , or for terme of lyfe for an other man . In such case the lessee is tenant for terme of lyfe . But by common language he that holdeth for terme of his own life , is called tenant for terme of life , and he that holdeth for term● of another mannes life , is called tenant for terme of another mannes life . And it is to be vnderstande , that there is feoffour and feoffe , donour and donee , lessour and lesse . The feoffour is properly where a man enfeoffeth another in anye landes or tenementes in fee simple , he that maketh the f●ffmēt is called feffour , & he vnto whom the fe●femente is made , is called feoffee , and the donoure is properlye where a manne geueth certayne landes or tenementes to another in the tayle , he that maketh the gift is called donour , and he to whom the gyft is made is called donee . And lessour is properlye where a man letteth to an other certayn landes or tenementes for terme of lyfe , for terme of yeres , or to holde at will , he that maketh the leas is called lessour , and he to whome the leas is made is called lessee , and euery one that hath estate in landes or tenementes for terme of hys owne life , or for terme of an other mans lyfe , is called tenaunt of free holde . And none of lesse estate may haue free holde but they of greter estate may haue free holde , for tenant in fee simple hath free hold : and tenant in the tayle hath also free holde .

¶ Tenant for terme of yeres . Cap. 7.

TEnant for terme of yeres is , where a man letteth landes or tenementes to an other for terme of certayne yeres after the noumber of yeres that is accorded betwene the lessour and the lesse , and when the lessee entreth by force of the leas , than is he tenant for terme of yeres and if the lessour in such case reserue to hym a yerely rent vpon such lees . he may choose for to distreyne for the rent in the tenementes letten , or elles he may take an accion of det for the arrerages against the lessee . But in suche case it behoueth that the lessour be seysed in thesame tenementes at the tyme of his lees for it is a good plee for the lessee to say that the lessour had nothing in the tenementes at the tyme of the leas except the lease be made by dede endented in which case than such ple lyeth not for the lessee to plede .

¶ And it is to vnderstande that in a lease for terme of yeres by dede or without dede , it nedeth no liuere of seisin to be made to the lesse , but he may enter whansoeuer he will by force of thesame lease . But of feoffementes made in the countrey or gyftes in the tayle , or leases for tme of lyfe . In such cases where free hold shall passe if it bee by dede or without dede , it behoueth to haue liuery of seisyn &c. But if a man let landes or tenementes by dede or without dede for terme of yeres , the remaynder ouer to an other for terme of lyfe , or in the tayle or in fee than in such case it behoueth that the lessour make liuere of seisin to the lesse for tme of yeres or elles there shall nothinge passe to them in the remayndre , though the lesse enter in the tenementes . And if the fermour in such case entre before any suche liuere of seisin made vnto him than is the free hold and the reuercion in the lessour . But if he make any liuere of seisin vnto the lessee , than it is free holde with the fee of them in the remayndre after the fourme of the graunt and will of the lessour .

¶ And if a manne will make a feoffement by dede or without dede of landes or tenementes that he hathe in moe townes than in one in one shire , if the liuere of seisin be made in one parcel of the tn̄tꝭ in one town in the name of al it sufficeth for al the other landes or tenementes coprehended in thesame feoffment in al other townes in thesame shyre . But if a man make a dede of feffement of landes or tenntꝭ in diuers shyres , there it behoueth him to haue in euery shyre a liuere of seisin . And in such case a man shal haue by the grant of another fee simple , fee taile , or free hold without liuere of seisin . And if .ii. men be & eche of them is seised of a quantity of land within one shire , & the one granteth his land to the other in exchange for the land that the other hath , & in thesame maner the other granteth his land vnto the first grant our in exchange for the land that the first grant our hath . In this case eche may entre in the other landes so taken in exchange wihoute any liuere of seisin . And suche exchaunge made by woordes of tenementes within thesame shire without any wryting is good ynough . And if the landes or tenementes bee in dyuerse shyres that is to saye , if that the one haue in one shyre , & the other hath in an other shyre , it behoueth to haue a dede indented made betwene them of such exchaunge .

¶ And note that in exchange it behoueth that the estates that both parties haue in the landes so exchanged be egall . For if the one willeth and granteth that the other shal haue his lande in the tayle , for the land that he hath of the graunte of the other in fee symple , though the other is agreed to that , yet thys exchange is but voyde , for that the estates be not euen .

¶ In thesame maner it is where it is granted and agreed betwene them that the one shal haue in the one land fee taile , & the other shal haue in the other land but terme of life . Or if one shall haue in the one land fee tayle general , and the other in the other land fee tayle especial . So alway it behoueth that in exchange the estate of both parties be euen , that is to say if that one haue fee simple in that one land , that the other shal haue such estate in the other land and if the one hath fee tayle in the one land , than the other shal haue likewise in the other land . Et sic de alus statibus . But it is nothing to charge of the euen value of the landes , for though that the land of that one is so muche more in value , than the lande of the other , thys is nothynge to purpose , so that the estates made by the exchaunge be euen , and so in exchaunge by two grauntes , for euer part grant eche his land to the other in exchange , and in eche of their grauntes mencion shall be made of the exchaunge .

¶ And if a man let land to another for terme of yeres , though the lessour dye before the lessee enter into the tenementes , yet may he enter into the tenementes after the death of the lessor , for that . that the lessee by force of the lease , hath right incontinent to haue the tenementes after the fourme of the lease . But if a manne make a dede of feoffement vnto another , & a letter of attorney to a manne to deliuer to hym seisin by force of thesame dede , yet if the liuere of seisin be not made in the lyfe of hym that made the dede , it auayleth not , for that the other hath no maner of right to haue the tenementes after the purporte of the dede before the liuere of seisin &c. And if no liuere be made than after the deth of him that made the dede the right of such tenementis is continent in hys heyre or in some other . Also if tenementes be lette to a man for terme of halfe a yere , or for terme of a quarter of a yere &c. In such case if the lessee make waste , the lessour shall haue agaynst him a writte of waste , and the writte shall saye : Qui tenet ad terminum annorum . But he shall haue a speciall declaracion vpon the trouth of this matter , and the plee shal not abate the wryt for that , that he may haue no otherwrit vpon the matc̄ . Anno. 7. H. 7. fol. 1.

¶ Tenant at will . Ca. 8.

TEnaunt at will is , where landes or tenementes be letten by a man vnto an other , to haue and to holde to him at the will of the lessour , by force of whiche lease the lessee is in possession . In suche case the lesse is called tenant at will , for that he hath no certayn sure estate for the lessor , may put him out at what time it pleaseth him , yet if the lesse sowe the lande and the lessour after the sowing and before that his greynes be ripe putteth him out yet shal the lesse haue hys greynes , & shal haue free egresse and regresse to reape and to cary hys greines , for that he wist not at what time his lessour would enter vpon him . Otherwise it is if tenant for terme of yeres before the end of his terme soweth the land , and the terme is ended before that hys greynes be rype . In thys case the lessour , or he in the reuercyon shall haue the greynes , for that the farmour knew well the certayn of his terme & whan his terme should be ended .

¶ Also if an house be lette to a man to holde at will , by force of which the lesse entreth into the house , within which house he bringeth hys houshold sluffe , and after the lessour putteth him out , yet shall he haue free entree , egresse and regresse in thesame house by reasonable time to cary his goodes and housholde stuffe . And if a man be seised of a house in fee simple , fee tayle , or for terme of lyfe , the which hath certayn goodes within the same house , and maketh hys executours and disceiseth , whosoeuer after his death hath the house yet shal his executours haue free entre , egresse & regresse to carye out of the house the goodes of theyr testatours by a reasonable tyme .

¶ Also if a man make a dede of feoffemente vnto an other of certayn land , and deliuereth to him the dede but no liuery of sesin . In this case he to whome the dede is made may enter into the land , and hold & occupy it at the will of him that made the dede for that , that is proued by the woordes of the dede , that it is his will that the other shall haue the lande . But he that made the dede , may put him out when he will .

¶ Also if an house be let to holde at wil , the lessee is not holden to sustayne or repayre the house , as tenant for terme of yeres is holden to doe . But if the lessee at will make voluntary wast , as in pulling down of houses , or in cutting or felling of trees : It is sayd that the tessour shall haue for that against him an accio● of trespas . As if I deliuer to a man my shepe to donge or marle his land , or myne oxen t● eyre his land , & he slayeth my beastes , I ma● well haue an accion of trespas agaynst hym notwithstanding the deliuere .

¶ Also if the lessour vpon suche lease at will reserue vnto him a yerely rent , he maye dystreyn for the rent behynd , or to haue for tha● an accion of Dette at his owne choyse . H. v● R. ii . in Repleuin .