Neither may I (without wrong) conceyle the iust commendation of most such wiues, in this behalfe: namely, when a bargaine is so taken to these three, it often falleth out, that afterwards the sonne marieth, and deliuereth his yeruing-goods (as they terme it) to his father, who in lieu thereof, by his wiues assent (which in many auncient deeds was formall) departeth to him and his daughter in lawe, with the one halfe of his Holding in hand.
Now, though after the fathers decease, the mother may, during her life, turne them both out of doores, as not bound by her owne word, and much lesse by her husbands: yet I haue seldome or neuer knowne the same put in practise, but true and iust meaning hath euer taken place.
Yet another vnconscionable quirk some haue of late time pried into, viz. in a ioynt-lease to three intended by the taker and payer, to descend successiuely and intirely, one of them passeth ouer his interest to a stranger, who by rigour of law shall hold it during the liues of the other twaine.
The ordinary couenants of most conuentionary Tenants are, to pay due Capons, doe haruest iournyes, grinde at the Mill, sue to the Court, discharge the office of Reeue and Tithing-man, dwell vpon the Tenement, and to set out no part thereof to tillage, without the Lords licence first obtained. Which conditions are yet enlarged or restrained, according to the Demisors humour.
Vsuall it is for all sorts of Tenants, vpon death, at least, if not surrender, or forfeyture, to pay their best beast for a Heriot: yea, if a stranger, passing thorow the Countrey, chaunce to leaue his carkase behind him, he also must redeeme his buriall, by rendring his best beast, which he hath with him, to the Lord of the soyle: or if he haue none, his best Iewell; or rather then fayle, his best garment then about him, in lieu thereof. But this custome hath beene somewhat shaken, in comming to triall, and laboureth of a dangerous Feuer, though the Cornish Gentlemen vse all possible remedies of almost fas et nefas, by pleading the 11. poynts of the Lawe, to keepe it on liue.
The free Tenants seruices, are ordinary with those of other places, saue that they pay in most places onely fee-Morton releeses, which is after fiue markes the whole Knights fee, (so called of Iohn Earle first of Morton, then of Cornwall, and lastly King of this Land) whereas that of fee-Gloucester is fiue pound. And to accomplish this part, I haue heere inserted a note of the Cornish Knights fees and acres, which I receyued from my learned and religious kinseman Master Robert Moyle.
Record. Feod. Milit. in Cornub. fact. Anno 3. H. 4. vt sequitur.
HEnricus Dei gratia, Rex Anglia & Franciae, & Dominus Hiberniae, dilectis nobis Vicecom. & Escaetori nostris in Com. Cornub. ac Iohanni Colshil, & Iohanni Tremayn seniori collectoribus auxilij 20. solidorum, de quolibet feod. Milit. tento de nob. fine medio in Com. praedicto ad Blanchiam primogenitam filiam nostram maritand. iuxta formam statuti, anno regni Domini Edwardi nuper Regis Angliae, Aui nostri 25. edict. assignat salutem. Quasdam euidentias, quas de libris, rotulis & memorand. Scaccarii nostri exhiberi fecimus pro informations vestra, super captione inquisitionum diuersorum feodorum in Com. praedicto, viz. de rubro libra unam scedulam, & duos rotulos de euidentiis nuper collectoribus auxilii praedicti, auo nostro ad filium suum primogenitum milit. faciend, anno Regni sui 20. concessi vobis mittimus, sub pede sigilli nostri, mandantes, vt inspect. euidenc. praed. vlterius inde tam per easdem euident. quam per Inquisitiones super praemiss. per vos capiend. pro commodo nostro faciatis, quod de iure per vos videatur faciend: Ita quod euidenc. praed, vna cum toto fac. vestro in premiss. & hoc breue ad Scaccarium nostrum super compot. vestrum proxim. de eodem auxilio redend. Baronibus de dictio Scaccario nostro ibidem liberandum habeatis. Teste Iohanne Cokayn apud Westmonast.