Fealty was primarily devifed for Tenants to manure the Lord's Ground, and carefully to discharge all rural Affairs.

None can do Homage but Tenants in Fee-Simple, or in Tail; but Copyhold Tenants for Life or Years are capable of doing Fealty.

None is capable of receiving Homage but the Lord himself in Perfon; but the Lord's Steward, or his Bailiff, is capable to receive Fealty in the Lord's Behalf.

Services of Profit are either tending to the publick Profit of the Kingdom, as when the Lord enjoineth his Tenant to amend Highways, to repair decay'd Bridges, or the like: Or tending to the private Profit of the Lord, as where the Tenant is injoined to be the Lord's Brewer, or is tied to pale his Lord's Park, manure his Lord's Lands, tile the Lord's Houfe, or thatch the Lord's Barns, &c.

Then there are annual Services as well as corporal Services; and accidental Services, which differ from the corporal and annual Services in this, that moft accidental Services are incident to the Fee, and are due without fpecial Refervation of the Lord; but moft corporal Services, and all annual Services, are due upon Special Reservation only, and do not belong to the Fee.

The Lord may diftrain the Tenant's Gattle or Goods, Service. to compel them to perform these Services.

Service alfo fignifieth any Duty whatsoever accruing unto the Lord by reafon of his Seigniory.

Heriot, or Hariot, cometh of the Latin Word Herus, Dominus, because it is a Duty appropriated to the Lord, rendred at the Death of a Tenant, or on a Surrender to his Lord; and is the best Beaft or Goods found in the Poffeffion of the Tenant deceased.

In the Saxons Time, when the Name of Heriot was firft known, Heriot fignified nothing else but a Tribute given to the Lord for his better Preparation towards War, as a Horse, a Spear, a Sword, or fome fuch like military Weapon.

There

Reliefs.

Amerciaments.

There are two Sorts of Heriots, Heriot Service, and Heriot Cuftom. Heriot Service is that Heriot which is never due without fpecial Refervation, and is feldom referved upon any lefs Eftate than an Estate of Inheritance. Heriot Cuftom is that Heriot which is never due upon fpecial Reservation, but is challenged upon fome particular Cuftom, and is ufually paid upon an Eftate for Life, or for Years, as well as upon an Eftate of Inheritance.

Relief is a certain Sum of Money, which every Freeholder payeth unto his Lord, being at full Age, at the Death of his Anceftor. It is the Key, which opens the Gate to give the Heir free Paffage to the Poffeffion of his Inheritance; for by Payment thereof he relieves, and as it were raifeth up his Lands again, after they were fallen down.

There is Relief Service, and Relief Cuftom: Relief Service is that which is paid upon the Death of any Freeholder; Relief Cuftom is that which is paid upon the Death of any Freeholder, Change or Alienation of any Freehold, according to the Custom of the Place. In many Places it is a Year's Profit of the Lands, and in many other Places but Half a Year's Profit.

For Heriots, Reliefs or Amerciaments the Lord may either diftrain, or bring an Action of Debt, at his Election.

Amerciament is a pecuniary Punishment for any Offence committed by the Tenant against the Lord of any Manor. It is a certain Sum of Money imposed upon the Tenant by the Steward, by the Oath and Prefentment of the Homage, for the Breach of any ByLaw made either for the Benefit of the whole Kingdom, or for the Benefit of themselves; or for Default of doing Suit, or for other Misdemeanors punishable by the fame Court; and it taketh its Name from being in the Lord's Mercy to be inflicted, more or lefs, at his Will and Pleasure,

It

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It differs from a Fine in the following Refpects; Whofoever is fin'd may lawfully be imprison'd; but whofoever is amerced cannot. Amerciaments are incident unto Courts Baron, as well as unto Courts Leet; and Fines are never incident to any Courts Baron, but to Courts Leet only, or other Courts of Record. Amerciaments are incident unto every Manor whatsoever; but Fines are incident to fome few Manors only. Offences committed out of Court, of which the Stewards by no Poffibility can have Cognizance without the Prefentment of the Homage, the Power of impofing Punishments for them in fuch Cafes appertaineth to the Jurors of the Leet, and not unto the Steward: And thefe Punishments thus inflicted are termed Amerciaments.

Offences committed in the Court, or elsewhere, of which the Steward can take fufficient Notice without the Affiftance of the Homage, are punished by the Steward, not by the Jurors; and thefe Punishments thus imposed are termed Fines.

All Amerciaments must be affeered by the Homage, but Fines imposed by the Steward are not.

All Amerciaments and Fines are to be impofed with Difcretion and Moderation, according to the Nature of the Offence committed.

Prefentment is a Denunciation of the Jurors (without any Information) of an Offence inquirable in the Court whereunto it is prefented.

A Copyholder cannot in any Action real implead, or be impleaded, in any other Court but in the Lord's Court, for or concerning his Copyhold; but in Actions that are merely perfonal, he may fue or be fued at the Common Law.

Prefentments of Surrenders out of Court (which Presentments. may be taken by the Steward, according to the Cuftom, in the Prefence of two cuftomary Tenants, tho'.Admittances may not be made out of Court but by the Lord himself) are to be prefented at the next Court after the Surrender taken, and is to be done by the fame Perfons as took the Surrender, in all Points material,

Efcheats.

terial, according to the Surrender: And therefore if the Surrender be conditional, and the Prefentment be abfolute, both the Surrender, Prefentment, and Admittance thereupon, are wholly void.

But if the Steward omitteth any Part of the Surrender in the Entry of it in the Roll, upon fufficient Proof made in Court, the Surrender fhall not be avoided, but the Roll amended.

If I furrender out of Court, and die before Prefentment, if Presentment be made after my Death according to the Custom, this is fufficient. So if he, to whofe Use the Surrender is made, dieth before Prefentment, yet upon Presentment made after his Death, according to the Cuftom, his Heir fhall be admitted.

A Surrender to Two jointly, and one died before Prefentment, the other fhall be admitted to the whole. If those, into whose Hands the Surrender is made, die before Prefentment, upon fufficient Proof in Court that fuch a Surrender was made, the Lord shall be compelled to admit accordingly: And if the Steward, Bailiff, or the Tenants, into whofe Hands the Surrender is made, refufe to prefent, upon a Petition, or a Bill exbibited in the Lord's Court, the Party grieved fhall find Remedy; but if the Lord will not do him Right, he may fue both the Lord and them that took the Surrender in Chancery, and fhall there find Relief.

Efcheat imports Lands fallen into the Lord's Hand for Want of Heir, general or fpecial, to inherit them: But before the Lord enter into an Efcheat in this Kind, the Homage ought to prefent it; and being prefented, Proclamation ought to be made to give Notice to the World, That if any Man fhall come in and justly claim, he shall be received: The Homage then finding it clear, intitle the Lord as to Lands efcheated.

Befides this ordinary Sort of Efcheat, there is another Sort of Efcheat; and that is, where any Freeholder committeth Felony, and is attainted, the King fhall have Annum, Diem & Vaftum; and then it cometh unto the Lord by Efcheat.

For

Forfeiture cometh of the French Word Forfaitt, and Forfeitures. fignifieth the Tranfgreffion of a penal Law or Custom, whereby the Offender lofeth his Lands or Goods.

Upon the Defcent of any Copyhold of Inheritance, the Heir is tied, 'upon three folemn Proclamations made at three feveral Courts, to come in, and be admitted to his Copyhold: If he faileth to come, this Failure works a Forfeiture. But fee hereafter Title Fines where Infants and Feme Coverts are exempted from Forfeitures by Stat. 9 Geo. 1. c. 29.

So if a Copyholder be fufficiently warned to appear at a Court, and he faileth, this is a Forfeiture, unless he be hindred by Sickness, Overflowing of Waters, or . if he be much in Debt, and fears to be arrested, then his Default is no Forfeiture.

If a Copyholder in, the. Court be called and fummon'd to be fworn of the Homage, and refufeth, this is a Forfeiture.

So if the Copyholder be fworn of the Homage, and then refufeth to prefent the Articles according to his Oath, this is a Forfeiture.

If a Copyholder fwears in Court, that he is none of the Lord's Copyholder, this is a Forfeiture.

A Copyholder fpeaking irreverent Words of the Lord, as that the Lord exacteth unreasonable Fines and Services, &c. this is no Forfeiture, but fineable only.

Tenant tearing in Pieces the Court-Roll, and denying his being a Copyholder, is a Forfeiture.

If the Lord upon the Admittance of a Copyholder (the Fine by the Cuftom of the Manor being certain) demandeth his Fine, and the Copyholder denieth to pay it upon Demand, this is a Forfeiture,

If a Copyholder fue a Replevin against the Lord, upon the Lord's lawful Diftrefs for his Rent or Services, this is a Forfeiture.

If a Fine by the Cuftom of the Manor be uncertain, though a reasonable Fine be affefled, the Copyholder is not bound to pay it prefently upon Demand, but fhall have convenient Time to discharge it, if the Lord