in one Moneth From the day of Easter in three weekes Trinity Terme begins the Friday sevennight after Whitsunday On the morrow of the holy Trinity In eight daies of the holy Trinity From the day of the holy Trinity in fifteen daies From the day of the holy Trinity in three weekes Michaelmas terme begins the twenty third of October and endeth the 28. of No. 1. FRom the day of St. Michael in three weeks Octo. 20. Octob. 21. Octob. 22. Oct. 23. 2. From the day of S. Michael in one month Octo. 27. Octo. 28. October 29. Octo. 30. 3. On the morrow of all Souls No. 3. Novem. 4. Novem. 5. Nov. 6. 4. On the morrow of St. Martin No. 12. Nov. 13. Nov. 14. Nov. 15. 5. In the daies of St. Martin No. 18 Novem. 19. Nov. 20. Nov. 21. 6. From the daies of St. Martin in 15. daies No. 25. Novem. 26. No. 27. Nov. 28. A SVPPLEMENT TO HE LAW OF CONVEYANCES OR Decimall Tables For the speedy and exact computation of the Interest and Rebate of Money and Annuities whether in present or reversion With a CONCORDANCE of yeares from the time of WILLIAM the CONQVEROR untill the present time wherby the yeare of our Lord and the yeare of each King may be presently found A SUPPLEMENT TO THE LAVVYERS DIRECTORY CHAP. I. To convert the parts of a pound into Decimalls and the contrary IN the buyng and selling of Land or Houses we ought as well to consider the value of that which is bought or sold as the manner of conveyance now the interest of money being the generall ground to vallue the purchase by we will here annex such propositions thereof as are convenient to be knowne by the buyer and the seller both And the propositions or questions concerning money are of two sorts viz. such as have reference to the increase or to the rebate thereof The increase or interest of money is either simple or compound Simple interest is that which ariseth or is computed from the increase of the principall onely as if a 100 l. be forborne two yeares the simple interest thereof after the rate of 6. pounds for 100. pounds for 1. yeare will be 12. pound viz. 6. pound due at the first yeares end and 6. pounds due at the second yeares end Now the questions of simple interest being in our usuall Tables performed by addition onely doe seeme very easie but many times there are so many summes to be added together that it proves very tedious in the opperation and multiplication which is nothing but a speedy addition in numbers of severall denominations will I am sure to the generallity of men be much more difficult but the difficulty hereof may be avoided by the table entituled of a Table reduction of money into Decimalls and the contrary for illustration sake we will adde an examle in each To reduce money into Decimalls LEt it be required to find the Decimall answering to 6 l. 7 s. 5 d. 3. farthings your pounds are integers of themselves and need no reduction and because 2. shillings is the tenth part of a pound halfe the number of shillings is the decimall thereof to be annexd to the number of pounds with a point between thus in our example the decimall of 6 l. 7 s. is 6. 3. c. rather it is the decimall of 6. 6. for the halfe of seaven cannot be exactly taken and therefore have taken the least halfe for the Decimall sought I looke the remainder which is 1. shilling 5. pence 3. farthings in the table and I find the Decimall thereof to be 739583. which being annexed to 6. 3. the Decimall of 6. 7. shillings 5. pence 3. farthings will be 6.3739583 To find the value of a Decimall given in the known denomination of money LEt it be required to find the value of this Decimall in money 6.3739583 the 6. which is severed from the rest by a prick is the integer and represents 6 l. the next figure which is 3. being doubled is 6. s. and the remainder 739583 being sought in the table gives me 1. shilling 5. pence 3. farthings and therefore the summe represented by the decimall is 6 l. 7. shillings 5. pence 3. farthings and the severall denominations or parts of a pound as shillings pence and farthings being thus reduced into one denomination or into a decimall all questions concerning the interest or rebate of money whether simple or compound may be with much ease and exactnesse answered by multiplication and the help of these tables following as shall appeare by example first in simple and then in compound interest CHAP. II. Of Simple Interest BEfore we can compute the interest of any summe of money propounded we must have given the time after which it is lent and the rate of the profit required and our bonds for money lent are usually made for six months time but if we reckon that in the usuall manner from a certaine day in one month to the same day in the sixt month following there will be one or two daies error as from the tenth of February reckond by months the six months or halfe yeare will fall upon the tenth of August but there being 365. daies in a yeare the halfe therof is 182. daies and an halfe and because it is fit to allow the time to the borrower rather then lender you cannot account less then one hundred eighty three which being reckoned from the tenth of February will fall upon the twelfth of August two daies beyond the other to prevent all such mistakes we have in the Table intituled a Table of simple interest at 6. per cent besides the number of daies in every month added the daies in a yeare by which you may know the exact time of any part of a yeare in daies as well as the interest due for any time or number of daies For one month 〈◊〉 the twelfth part of a yeare we ought to reckon 31. daies For 3. Months or one quarter 92. daies For six months or halfe a yeare 183. daies For 9. Months or 3. quarters 274. daies And how you may know from any time given when any of these termes exspire we will cleare by example Question 1. If a bond be dated the 5. of March when is the 3. month or 92. daies expired To answer this question I observe in the Calender what number of daies answer to the fifth of March and I find 64. to which if you adde 92. they make 158. and the day of the month answering to 158. daies is the 7. of June and that is the daie on which the 3. months doth expire Question 2. If a summe of money be lent from the the 17. of July to the 29. of November for how many daies is the money lent To answer this question Observe what number of daies do answer to the 29. of November which are 333. as also what number of daies doe answer to the 17. of July which are a 198. these being
that reversio terrae is the returning of the Land which is as much in sence as my Lord Dyer defineth it as the Land returning so that reversio terrae is terra revertens which is the Land in a certain degree that is to say when it is discharged of the perticular estate and possession thereof is come thither where the revertion was Plowden 160 196. Creation of Estates The Creation of all manner of Estates by the Habendum of the Deed. TO have and to hold to the said William Hum her his Executors Administrators and Assignes from the ensealing and delivery of these presents unto the end and terme Habendum and for and during the whole time and terme of a hundred years from henceforth then next and immediately ensuing and fully to be compleated and ended if the said William Humber so long shall live and if it shall happen the said William to decease before the end and determination of that said Terme living the said Margaret then to have and to hold the same messuage c. from and immediately after the decease of the said William unto the said Margaret for and during the whole Terme of 100. yeares from thenceforth then next and immediately ensuing and fully to be compleated and ended if the said Margaret so long shall live and keep her selfe sole and unmarried and if it shall happen the said Margaret to decease before the end and determination of the said tearme or not to keep her selfe sole and unmarried during the said tearme then to have and to hold the said Premises unto Henry Humber Habendum To have and to hold to the said Edmund Clark and his Assignes immediately from and after the death and decease of the said Maud Symmes unto the end and tearme and for and during the whole time and tearme of 100 yeares from thenceforth next and immediately following fully to be compleated and ended if the said E C. so long live and to have and to hold the said Messuage c. to the said Jane C. and her Assignes immediately from and after the decease of them tâ—e said M. S. and E. C. unto the end and tearme of 100 years from thenceforth c Note that in such a Lease all those that shall take in remainder Note must be made parties to the Lease To have and to hold to the said R. I. and his Assignes from the feast of St. John Baptist last past before the date hereof c from hence forth from the ensealing and delivery of these presents unto the end and terme and for during the whole terme of his naturall life and from and immediatly after the death of him the said R. I. the said Messuage or Tenement and all other the Premises with all and singular their and every of their appurtenances to remaine and be unto the said I. I. and her assignes for and during the tearme of her naturall life And after the death of the said R. and I. c. To have and to hold unto the said R. I. his Executors and Assignes for the time and terme of 99 yeares from henceforth next ensuing fully to be compleated and ended if G.I. R. I. and M. I. the sons and daughters of the said R. I. partie to these presents by Joane his now wife or if any of them the said G. R. and M. children of him the said R. I. partie to these presents as aforesaid shall so long live To have and to hold to the Lessee and his heires during the lives of A. B. C. and the longest liver of them To prevent an Occupant this limitation shall prevent the occupant and yet the Lessee may assigne it to whom he will or if he hath already an estate for another mans life it were good to assigne his estate to diverse men and their heires during the life of ceste que vie For If A. hath Land conveighed to him for the life of B and A. dieth without making any estate of it whosoever first entreth into the Lands after the death of A shall have the Land during the life of B. For to the heire of A. it cannot goe because it is no inheritance nor to his Executors because it is not a testimentary estate that should goe to the Executors as goods and Chattels Limitations which do determine an estate without entrie or claime vide plus fo 17. To have and to hold to the Lessee quousque viz. untill I. S. come from Rome A Lessee to a woman quam diu casta vixerit or to a Widdow for her life si tam diu in pura viduitate vixerit or to another dummodo solverit talem redditum or quamdiu as the Lessee shall be dwelling on the Mannor or quamdiu the Lessee se benegesserit donee us quead quousque tam diu to have to the Lessee for 100. yeares if the Lessee so long live all these are limitations which do determine the estate without any entry or claime A Lease is made to A. and his assignes habendum to A. during his and the lives of B. and C. this is a good Lease for these three lives and the longest liver of them Lo. Coke 5. part fo 13. A Lease to A. and B. for their lives A. dieth B. shall have it during his life it is an interest But if a Lease be made to I. S. during the life of A. and B. there if one of them die the estate is utterly determined for that is a limitation Habendum reddendum To have and to hold unto the said I. W. his Executors and Administrators from and immediately after the time that the estate tearme and interest which the said I G now hath of in or to the Premises shall happen to be ended by the death forfeiture surrender or other expiration of the estate and terme of the said I G. formerly granted by coppy of Court-Roll by Sir S. P. Knight deceased to the said I G. and I W. and to one Do. White deceased for the tearme of their lives and the longest liver of them successively at the will of the Lord according to the custome of the Mannor of R. aforesaid which said Copy of Court-roll beareth Date the fifth day of Aprill in the ninth yeare of the raigne of our Lady Q. E. for and during the tearme of 99. years from henceforth then next and immediately ensuing and fully to bee compleated and ended Reddendum if the said I. W. A. W. and B. W. or either of them so long shall live yeilding and paying therefore yearely unto the said H. P. his Heires and Assignes during the said respective tearme hereby limited at the Mannor house of the said Sir H. P. at Saparton aforesaid the sum of thirteen shillings four pence of currant english money at the feasts of St. Michaell the Arch-angell and the Anuntiation of the blessed Virgin Mary by equall portions the first payment thereof to begin and to be made
good of such Leases by the said Statute there are nine things necessary to be observed belonging to them all and some other to some of them in particular 1. The Lease must be made by Deed indented 2. He must be made to begin from the day of the making or from the making thereof 3. If there be an old Lease in being it must be surrendred or expired or ended within a year of the making of the Lease and the surrender must be absolute and not conditionall 4. There must not be a double Lease in being at one time As if a Lease for years be made according to the Statute he in the Reversion cannot expulse the Lessee and make a Lease for life or lives according to the Statute nor e converso for the words of the Statute be to make a Lease for three lives or one and twenty yeares so as the one or the other may be made and not both 5. It must not exceed three lives or one and twenty yeares from the making of it but it may be for a Lesser terme or fewer lives 6. It must be of Lands Tenements or Hereditaments maynorable or corporeall which are necessary to be letten and whereunto a Rent by Law may be reserved and not of things that lye in Grant as Advowsons Faires Markets Franchises and the like out whereof a Rent cannot be reserved 7. It must be of Lands or Tenements which have been most commonly letten by the space of twenty years next before the Lease made so as if it be letten for eleven yeares at one or severall times within those twenty yeares it is sufficient A Grant by Copy of Court Roll in fee for life or yeares is a good letting to farme within this Statute for he is but Tenant at will Secund. Cons Manerii And so it is of a Lease at will by the Common Law But those lettings to Farme must be made by some seised of an Estate of inheritance and not by a Guardian in Chivalry Tenant by Gurtesie Tenant in Dower or the like 8. That upon every such Lease there be reserved yearely during the said Lease due and payable to the Lessors their Heirs and Successors c. so much yearly Farme or Rent as hath been most accustomably yeilded and paid for the Land within twenty yeares before such Lease made Hereby first it appeareth that nothing can be demised by authority of this Act but that whereon a Rent may be lawfully reserved Secondly that where not only a yearly Rent was formerly reserved but things not annuall as Herriots or any Fine or other profit at or upon the death of the farmor yet if the yearly rent be reserved upon a Lease made by force of this Statute it sufficeth by the expresse words of the Act And if twenty acres of land have been accustomably letten and a Lease is made of these twenty and one acre which was not accustomably letten reserving the customably yearely rent and so much more as exceeds the value of the other acre this Lease is not warrantably letten and the rent issueth out of the whole If Tenant in taile let part of the land accustomably letten and reserve a rent pro rat or more this is good for that is in substance the accustomable Rent If two Coparceners be Tenant in taile of 20. acres every one of equall value and usually letten and they make partition so as each have ten acres they may make Leases of their severall parts each of them reserving the halfe of the accustomable rent If the usuall Rent had been payable at foure dayes or Feasts of the yeare yet if it be reserved yearly payable at one Feast it is sufficient for the words of the Statute be reserved yearely Ninthly nor to any Lease to be made without impeachment of Waste therefore if a Lease be made for life the Remainder for life c. this is not Warranted by the Statute because it is dispunishable for VVaste but if a Lease be made to one during three lives this is good for the Occupant if any happen shall be punished for VVaste the words of the Statute be seised in the right of his Church yet if a Bishop that is seised in jure Episcopatus A Deane of his sole possessions in jure Decanatus An Arch-deacon in jure Archidiaconatus A Prebendary and the life are within the Statute for every of them is generally seised in jure Ecclesiae All Grants Feoffments Leases and other Conveyances or Estates to any Master or Fellowes of a Colledge Deane and Chapiter Master or Guardian of an Hospitall Parson Vicar c. other then for one and twenty yeares or three lives from the time of such Lease or Grant reserving the accustomable yearely rent yearly payable shall be meerly void 18 Eliz cap. 11. All Leases made by such persons as 13 Eliz. cap. 10. before where another Lease for yeares is in being not to be expired surrendred or ended within three years next after the making of such new Lease shall be void All Bonds and Covenants for renewing or making of any Lease contrary hereunto or to 13 Eliz. cap. 10. before shall be void But a Parson and Vicar are excepted out of the Statute of 32 H. 8. and therefore if either of them make a Lease for three lives c. of lands usually letten reserving the usuall rent it must be also confirmed by the Patron and Ordinary because it is excepted out of 32 H. 8. and not restrained by the Statute of 1. or 13 Eliz. and what hath been said concerning a Lease for three lives doth hold for a Lease of one and twenty yeares Now to speak somewhat of the disabling Statutes of 1. and 13 Eliz. the words of the exception out of the restraint and disability of 1 Eliz. are Notes of things well and duty to be observed other then for the terme of one and twenty years or three lives from such time as any Grant or assurance shall be given whereupon the old and accustomed yearely rent or more shall be reserved And to that effect is the exception in the Statute of 13 Eliz. First it is to be understood that neither of these nor any other do in any sort alter or change the enabling Statute of 32 H. 8â— but leaveth it for a patterne in many things for Lease to be made for others Secondly it is to bee knowne that no lease made according to exceptation of 1 Eliz and 13. Eliz. and not warranted by the Statute of 32 H. 8. if it be made by a Bishop or any sole Corporation but it must be confirmed by the Deanes and Chapiters or others that have interest as hath been said in the case of the Parson and Vicar but examples do illustrate If a Bishop make a Lease for one and twenty yeares and all these yeares being spent saving three or more yet may the Bishop make a new Lease to another for one and twenty yeares to begin from the making
cast up will shew you the yeare of our Lord in which the years shall end so that if your Lease commenced at Michaelmas it will end at Michaelmas in the same yeare Or if it begin the twenty fourth of March in that yeare which is but one day before the end and change of the yeare then it will end the twenty forth of March the said yeare As for example A Lease began Michaelmas Anno. 7. Eliz. 1564. to endure for the terme of ninetie yeares I demand how many yeares is to come of this Lease and when the same terme of yeares will be determined first I set downe the day of the Month and the yeare of our Lord in which the Lease tooke his commencement as at Michaelmas 1564. unto which summ I adde the number of yeares which was granted by the Lease being ninety yeares which being cast up maketh the summe to be one thousand six hundred fifty four in which yeare at Michaelmas the yeares will be expired and the Lease determined then to know how many yeares are to come of the same Lease I set downe the Lease will expire and then substract out of that summe the yeare of our Lord which then is as for example one thousand six hundred twenty eight whereby I find the substracted number to be twenty six and so many yeares there is yet to come from Michaelmas 1628. A Lease was made for eighty yeares to commence at Michaelmas 1567 80 1647. the Lease will end The yeare of our Lord 1628 substracted sheweth that 0019. there is 19. yeares to come at Michaelmas 1628. A Warrant to Summon a Court of Surveigh THese are to will and in his Highnesse name to require you to give notice warning to be given to all singular the Tenants aswell Freeholders as Copiholders and they that hold by Lease or at Will of or within his Highness Mannor of C. in the County of S. that they and every of them do make their personal appearance at his highnes Court of Surveigh there to be holden upon Wednesday next being the 16. of July 1655. by 8. of the Clock in the forenoone of the same day at the usuall place of keeping the Court of the same Mannor and that they and every of them do then and there bring and shew forth or cause to be brought and shewd forth all their Deeds Leases Copies of Court-Rolles and all other their evidences whereby they and every of them doe pretend or claime to hold any Lands and Tenements whatsoever of or belonging to the said Mannor And also that they and every of them doe then and there bring and shew forth all such Rentalls Court-rolls Surveighes Terrats Suit-rolls and all other Escripts Writings Minuments and Records which they or any of them have any way concerning the said Mannor or any part member or parcel of the same and to give such further attendance in and about his Highnesse said service of survey as shall be of them and every of them necessarily required wherof faile not as you tender his Highnesse service dated c. Your loving friend I. N. To the Bayliff of his Highnesse Mannor of C. or to his deputy or to every of the Tenants of or belonging to the said Mannor and the members thereof Cause this to be published in the Church at the time of divine service and cause the under Tenants to give notice to them whose undertenants they are that dwell remote ARTICLES to be enquired of at a Court of Survey and Court-Baron for the Mannor c. 1. IMprimis you shall declare the true circuit and generall Boundarie or Boundaries of this Mannor Butts and Bonds and how farr and into what place or places doth the same extend and upon what other Lords Lands doth the same bound and border aswell on the East West North and South sides and whether have any of the generall or utmost bounds Meers or Markes been altered and by whom and where Concealments 2. Item whether do any person or persons within the precinct of this Mannor or any other whatsoever covenously conceale and wrongfully occupy any part or parts of this Mannor and who the same persons be and where and in what place and what be the names of the grounds concealed or encroached and in whose occupation be they and how long have the same been concealed or enclosed The mansion house demean lands 3. Item you shall enquire of the chiefe Scyte and Capitall Mansion house of this Mannor with the perticular Members and buildings and what demeane Lands Meadowes Pastures Arable Grounds Woods Underwoods hereditaments whatsoever are belonging to the same what be their severall names and where and in what parts of the Mannor doe the same lie and how be they butted and bounded and who be now the occupiers thereof and under what Estates Rents Herriots or services to your knowledge 4. Item what free-hold Lands Freehold Tenements or hereditaments be holden of this Mannor who be they that be seised thereof and what Rents reliefes workes customes or other duties do they pay or ought to pay for the same and by what tenure to your knowledge doe they and every of them hold and how are they butted and bounded and what quantity and number of Acres do the same containe and what is the true yearly value thereof 5. Item Copy-hold lands what Lands or Tenements be holden by Copy of Court-Roll within this Mannor who they be that are seised thereof and what Rents Herriots works customes or other duties do they pay or ought to pay for the same and what quantity and number of Acres do the Tenants severally hold and the quality therof and what is the true yearly value of the same 6. Item Tenants at will Tenants by Indenture Who be they that be tenants at will or tenants by Indenture what lands or tenements doe they hold or what rents or duties do they pay or ought to pay for the same and what is the quantity or yearly value therof 7. Item Decay of houses whether there be within this mannor any ancient houses decaied or fallen downe or any houses or buildings out of reparations and where and how long have the same been ruinous decayed or out of reparations and in whose default and to what charge or value would the new erecting or repairing of them or any of them amount unto 8. Item you shall enquire of all the falling down Wast Woods destruction and wasts of any Woods Underwoods or Trees in and upon the said Mannor or any part or parcell thereof made or done by any person or persons and by whom where and when and to what value Names of commons c. 9. Item what be the names of the Lords VVasts Heaths or Commons of what name or kind soever belonging to this Mannor which of them are free for the Lord of this Mannor to use in severalty and who be they that doe enter-common
And that they have all the Goods and Chattels forfeited of all their men and Tenants resident or not resident and of all others resident within or upon their Tenements Lands or Fees There are divers Immunities granted by divers old Charters as to be quit de Geldiâ—… Danageldis Hildagiis Carucagiis Auxilis Wardpenny Averpenny Thething penny Theolonio Pontagio Passagio Pavagio Cestagio Tallagio Carriagio c. And are explained in that which follows Certain Saxon words in Doomsday Book expounded by Mr. Agar of the Receit in the Exchequer A. ALneâ—um a place where Alder-trees grow Alodium the old translation of the Saxon Laws useth this word for Bockland Aloacii or rather as I take it Alodacii they that hold Bockland or Charter-land Arabant they that held by tenure of Plowing and Tilling ground Arpens the Frenchmen say that an hundred Perches make an Arpent 18. Foot a Perch 12. Inches a Foot Columel l. 5. c. 1. Demi-arpent they take for Jugum or Jugerum Arsura concerning Coynage Avera Service or Avarage B. BAtsweines we call them Botswains or Bothouls Berewich I am of Mr. Cambden's minde in his Book that it signifieth a Town-parcel or belongin to another Berquarii I take it for to be Shepheards we call Bercarium a Shepherd both seem to come from the French Beragiâ—… Bordacii they be Tenants that occupy part of the Demesns which are called Bordlands i. Terra ad mensam Bruaria we call that which the Latines term Erica Bruere Heath Burse or Colibti it may be this word is written for Bury which sometime I reade in this Book Bure is that which the Dutchmen call a Bore Colâ—…s a Paysant Burgheristhe I think it should be Burgberiche Violatio Pacis in villa Buzecatle Bursecapls or Botsecals the same that Botswain Merchiner or Shipmen C. CAballa I think it should be Caballus a Horse Caruca a Plough Carucata a Plough and Land Censarii such as might be taxed Cervisarii the Saxons had a duty called Drinkleum that is retributio potus Canutus Laws c. 8. 28. 38. whereupon such Tenants may be called Cervisarii Circset the Saxons call it Cirikseat but Fleta calleth it Circseâ— quasi semen ecclesiae Corn paid to the Church Coliberts see Burf Cosez Cottages Cotemans Cotigers of Coten or Coath an house Cuna servicii a Kan of Drink B. DEna terrae a hollow place between two Hills Drenchs in Cheshire a Fermor F. FOrtgingels Ferthindel is the fourth part of an Acre or Penny or any thing else Ferlingi a quantity of Land in Huntingdon Somerset and Hampt Feudum that which we call Feodum Firma Rent in money or victual but properly in victual in the Charter of Edgar to Ely it is limited for a penalty to pay one nights ferm if the privileges be broken by any man Foristell Forestall the stopping of ways that is now used for such as buy things before they come at the market Fraxmetum a place where Ashes grow Frustum terrae a piece of Land G. GAllum the Saxons called it Gasell custom paid to the King or rent Garb Garben a Sheaf of corn Garsum â—…e a Fine or Amerciament Goldum Solutio Gribrige Grith brecbe Fractio pacis H. HAga est in Burgo vel in Civitate Hangennita Hanguits Latro suspensus sine indicoÌ„ Harduices in Burgo Glouc. ubi sunt currucat terrae villanni Hede or rather a Hide a port or landing-place Henfare an amerciament for flight for murder Hesthas a service to the King in Closhaw Hasta I think rather it should be so written Henewarde a duty to the King in Cambridgshire Hominacio it may be called Dominacio many use Hominum where we use Homagitum Huscarbus Famulus a servant in your house Hida an uncertain quantity of arable land in several Counties I. INewardus one attending the King in Hereford and Cambridgshires Inland so the Saxons call the Demesns of a mannour and the Lands that were holden of them Vtland Jugum half an Arpent 50. Perches nota that in one place of Doomesday Book it is said tenet unum jugum terrae ust di car L. LAgeman that is homo habens legem Lagh is Law Landgeble the Saxons call both rents and customary payments of works or other things and tribute Gastel and they had special names for sundry sorts as Beregavel payment of Burly-cheese Gavel rent-cheeses Pridgavel the Welchmen use for Landgavel Legruita or rather Lethervita but more usually Lierwite punishment for lying with a woman Lenna A mesne of a mile of Land Lenga A mesne of a mile of Land Lennides A mesne of a mile of Land Libras arsas pensatas a quantity of coin M. Mansum Houses Mansura Houses Marsum a quantity of of coin quâ—…re P. PAracium the tenure that is between parceners viz. that which the youngest oweth to the eldest Pasuagium money taken for mast or feeding of Hogs we call it Pannage Bracton calleth it Pessona Pensa in Saxon Peza a weigh of cheese or other thing Q. QVarentena that which the Saxons call Furlang is translated Quarentena in divers places O RAdechenistres Bracton amongst other tenures speaketh of Rhode Knights which I suppose this word expresseth Radechenight for che is writen often-in Doomesday Book for C. or K. as Chent for Kent their tenure is to ride with their Master or Mistris the Saxons call Padâ—…ayarney Radmans I think it all one with the former word unless peradventure this be derived from Reade counsel and so Readmans signifieth Counsellours Relevacion Revalementum a French word of Celever to lift up again for the Land by the Tenants death is as it were fallen into the Lords hands and the Heir raiseth it up again but that which the Book of Doomesday mentioneth seemeth rather to express the Harriot or Heryate of the Saxons spoken of in Canutus's Laws c. 69 Reveland that is reaved from the King S. SAca Conusans of Pleas in causes concerning his own Tenants Sâ—ca Suit to ones Court or Mill or any other liberty Scangium exchange quaere Scotum solutio Sochemans Sochi Sochemanni men to whom some special liberties and privileges are given Solin Solus 400. acr di faciunt 2. Solinos di T. TAilla Taxes or Tallages Taini thegnes ministri Regis vel aliorum Taniland terra quam tenuerunt Thani Trabes Thraves Corn 24. Sheafs make a Thrave vel potius a weigh of Corn. The four Termes with their Returnes Hillary Terme beginneth Jan. 23. and endeth Feb. the 12. In 8 daies of St. Hillary Jan. 20 Jan. 21. Jan. 22. Jan. 23. From the day of St. Hillary in 15. daies Jan. 27. January 28. January 29. Jan. 30. In the morrow of the Purification of the blessed Mary Feb. 3. Febr. 4. Febr. 5. Feb. 6. In 8. daies of the Purification of the blessed Mary Feb. 10. Feb. 10. Feb. 11. Feb. 12. Easter terme begins 17. daies after Easter and ends and returnes FRom the day of Easter in 15. daies From the day of Easter in three weekes From the day of Easter
.762895 .735029 5 .747258 .712986 .680583 6 .704960 .666342 .630169 7 .665057 .622749 .583490 8 .627412 .582009 .540268 9 .591898 .543933 .500248 10 .558394 .508349 .463193 11 .526787 .475092 .428882 12 .496989 .444012 .397113 13 .468839 .414964 .367697 14 .442300 .387817 .340461 15 .417265 .362446 .315241 16 .393646 .338734 .291890 17 .371364 .316574 .270268 18 .350343 .295864 .250249 19 .330512 .276508 .231712 20 .311804 .258419 .214548 21 .294155 .241513 .198655 22 .277505 .225713 .183940 23 .261797 .210947 .170315 24 .246978 .197146 .157699 25 .232998 .184249 .146017 26 .219810 .172195 .135201 27 .207367 .160930 .125186 28 .195630 .150402 .115913 29 .184556 .140563 .107327 30 .174110 .131367 .099377 The sixth Table A Table whereby to find the present worth of Annuities for any terme of years under 30. at the rates of 6 7 and 8 per Centum per An. Compound Interest Years 6. per Cent. 7. per Cent. 8. per Cent. Parts Parts Parts 1 .94339 .93457 .92592 2 1.83339 1.80801 1.78326 3 2.16730 2.62431 2.57709 4 3.46510 3.38721 3.31212 5 4.21236 4.10019 3.99271 6 4.91732 4.76653 4.62287 7 5.58238 5.78928 5.20637 8 6.20979 5.97129 5.74663 9 6.80169 6.51523 6.24688 10 7.36008 7.02358 6.71008 11 7 88687 7 49867 7.13896 12 8.38384 7.94268 7.53607 13 8.85268 8.35765 7.90377 14 9.29498 8.74546 8 24423 15 9.71224 9.10791 8.55947 16 10.10589 9.44664 8.85136 17 10 477â—5 9.76322 9 12163 18 10.82760 10.05908 9.37188 19 11.15811 10.33559 9.60359 20 11.46992 10.59401 9.81814 21 11.76407 10.83552 10.01680 22 12.04158 11.06124 10.20074 23 12.30337 11.27218 10.37105 24 12.55035 11.46933 10.52875 25 12.78335 11.65358 10.67477 26 13.00316 11.82577 10.80997 27 13.21053 11.98671 10.93516 28 13.40616 12.13711 11.05107 29 13.59071 12.27767 11.15840 30 13.76482 12.40904 11.25778 The seventh Table A Table whereby to finde what yearely annuity to continue any terme of yeares under 30. any sum of money will purchase at the rates of 6. 7. and 8. per centum compound interest Years 6 per Cent. 7 per Cent. 8 per Cent. lb. Parts lb. Parts lb. Parts 1 1.06000 1.07000 1.08000 2 .54363 .55309 .56076 3 .37411 .38105 .38803 4 .28859 .29519 .30192 5 .23739 .24389 .25045 6 .20336 .20979 .21631 7 .17913 .18555 .19207 8 .16103 .16746 .17401 9 .14702 .15348 .16007 10 .13586 .14237 .14902 11 .12679 .13335 .14007 12 .11927 .12590 .13269 13 .11296 .11965 .12652 14 .10758 .11434 .12129 15 .10296 .10979 .11682 16 .09895 .10585 .11298 17 .09544 .10242 .10962 18 .09235 .09941 .10670 19 .08962 .09675 .10412 20 .08718 .09439 .10184 21 .08500 .09228 .09983 22 .08304 .09040 .09803 23 .08127 .08871 .09642 24 .07967 .08718 .09497 25 .07822 .08581 .09367 26 .07690 .08456 .09250 27 .07569 .08342 .09144 28 .07459 .08239 .09048 29 .07357 .08144 .08961 30 07264 .08058 .08882 A Table shewing the beginning of every Kings Raign from the Conquest together with the year of Christ answering to every yeare of each Kings Raign the years beginning at the 25th of March William the Coqueror began his Raigne the 15. of Oct. 1066. and therefore had Raigned one year compleat Oct. 15. 1067. AN. Reg. An. Dom. 1 1067 2 1068 3 1069 4 1070 5 1071 6 1072 7 1073 8 1074 9 1075 10 1076 11 1077 12 1078 13 1079 14 1080 15 1081 16 1082 17 1083 18 1084 19 1085 20 1086 10 Moneths 21 Dayes His raign ended the 9th of Sept. 1087. William Rufus began his raign Sept. 9th 1087. An. Reg. An. Dom. 1 1088 2 1089 3 1090 4 1091 5 1092 6 1093 7 1094 8 1095 9 1096 10 1097 11 1098 12 1099 11. Months 18. Daies Hen. 1. Aug. 1. 1100. An. Reg. An. Dom. 1 1101 2 1102 3 1103 4 1104 5 1105 6 1106 7 1107 8 1108 9 1109 10 1110 11 1111 12 1112 13 1113 14 1114 15 1115 16 1116 17 1117 18 1118 19 1119 20 1120 21 1121 22 1122 23 1123 24 1124 25 1125 26 1126 27 1127 28 1128 29 1129 30 1130 31 1131 32 1132 33 1133 34 1134 35 1135 4. Moneths 12. Daies Steph. Decem. 2. 1135. An. Reg. An. Dom. 1 1136 2 1137 3 1138 4 1139 5 1140 6 1141 7 1142 8 1143 9 1144 10 1145 11 1146 12 1147 13 1148 14 1149 15 1150 16 1151 17 1152 18 1153 11. Moneths 20. Daies Hen. 2. Oct. 25. 1154 An. Reg. An Dom. 1 1155 2 1156 3 1157 4 1158 5 1159 6 1160 7 1161 8 1162 9 1163 10 1164 11 1165 12 1166 13 1167 14 1168 15 1169 16 1170 17 1171 18 1172 19 1173 20 1174 21 1175 22 1176 23 1177 24 1178 25 1179 26 1180 27 1181 28 1182 29 1183 30 1184 31 1185 32 1186 33 1187 34 1188 9 Mon. 5. da. R. 1. July 9. 1189. An. Reg. An. Dom. 1 1190 2 1191 3 1192 4 1193 5 1195 6 1195 7 1196 8 1197 9 1198 9. Months 19 Daies John April 6. 1199. An. Reg. An. Dom. 1 1200 2 1201 3 1202 4 1203 5 1204 6 1205 7 1206 8 1207 9 1208 10 1209 11 1210 12 1211 13 1212 14 1213 15 1214 16 1215 17 1216 7. Moneths 0. da. Hen. 3. Oct. 19. 1216. An. Reg. An. Dom. 1 1217 2 1218 3 1219 4 1220 5 1221 6 1222 7 1223 8 1224 9 1225 10 1226 11 1227 12 1228 13 1229 14 1230 15 1231 16 1232 17 1233 18 1234 19 1235 20 1236 21 1237 22 1238 23 1239 24 1240 25 1241 26 1242 27 1243 28 1244 29 1245 30 1246 31 1247 32 1248 33 1249 34 1250 35 1251 36 1252 37 1253 38 1254 39 1255 40 1256 41 1257 42 1258 43 1259 44 1260 45 1261 46 1262 47 1263 48 1264 49 1265 50 1266 51 1267 52 1268 53 1269 54 1270 55 1271 56 1272 1 Moneth 0 da. Ed. 1. Nov. 16. 1272 An. Reg. An. Dom. 1 1273 2 1274 3 1275 4 1276 5 1277 6 1278 7 1279 8 1280 9 1281 10 1282 11 1283 12 1284 13 1285 14 1286 15 1287 16 1288 17 1289 18 1290 19 1291 20 1292 21 1293 22 1294 23 1295 24 1296 25 1297 26 1298 27 1299 28 1300 29 1301 30 1302 31 1303 32 1304 33 1305 34 1306 8 Mon. 9. da. Ed. 2. July 7. 1307. An. Reg. An. Dom. 1 1308 2 1309 2 1310 4 1311 5 1312 6 1313 7 1314 8 1315 9 1316 10 1317 11 1318 12 1319 13 1320 14 1321 15 1322 16 1323 17 1324 18 1325 19 1329 7 Mon. 9. da. Ed. 3. Jan. 25. 1326. An. Reg. An. Dom. 1 1327 2 1328 3 1329 4 1330 5 1331 6 1332 7 1333 8 1334 9 1335 10 1336 11 1337 12 1338 13 1339 14 1340 15 1341 16 1342 17 1343 18 1344 19 1345 20 1346 21 1347 22 1348 23 1349 24 1350 25 1351 26 1352 27 1353 28 1354 29 1355 30 1356 31 1357 32 1358 33 1359 34 1360 35 1361 36 1362 37 1363 38 1364 39 1365 40 1366 41 1367 42 1368 43 1369 44 1370 45 1371 46 1372 47 1373 48 1374 49 1375 50 1376 5 Mon. 7. da. R. 2. June 21. 1377. An. Reg.
in manner aforesaid at such of the said feast daies which shall next ensue the expiration forfeiture or surrender of the said estate and tearme formerly granted by the said Sir I.P. to the said I G. as aforesaid And also yeilding and paying to the said Sir Henry P. his Heirs or Assignes at and upon the death and decease of every person dying tenant in possession of the Premises by vertue of this demise and grant his her and their best beast for and in the name of a Herriot or three shillings of currant c. at the onely choice and election of the said H P. his Heires and Assignes And if it shall happen the said yearely Rent of c. Contingat to be behind unpaid in part or in al by the space of c. after any the said Feasts or daies of payment wherat or wherin the said ought to be paid or the said Herriots or Herriots money not to be paid in form aforesaid when the same shal be due or ought to be paid that then c. Habendum to one for life and three yeares over to his heire he is tenant for life Habendum for life and 3. yeares over c. Habendum for life the remainder for yeares and this tearme for years is a Chattel in the Lessee which his heire shall not have but the Executor Habendum to I S. for life the remainder for ten years doth not speak to what person that is a term for 10. years in the Lessee created by the Livery Seisin for the terme for yeares may be in the person of him that hath the frank-tenement dependant after the estate for life but not before or precedent to the state for life in the same person because a tearme may not divest or suspend a frank-tenement A Lease to one for life and for 2. yeares over to his Executors or Assignes or to his Heires all is in the Lessee because all is coupled and conjoyned in one gift But otherwise it is where a Lease is made to one for life the remainder to his Executor for 2. yeares or the remainder to his heire for 2. yeares this remainder is in obeyance untill after the death of the Lessee and then it shall vest in the Executor or heir as a chattell by them purchased for heir or executor is a good name of purchase of it and tenant for life may not give forfeit or devise the same tearme The same Law is where a Feoffment is made to the use of I N. for life and after to the use of his assigne for twenty years the lessor may nominate an assignee that shall have it and it shall vest in him as a Chattle by him purchased for he shall be said assignee in sence of an assignee to take it and in the meane time it shall be in Abeyance and note that assignee is 2. wayes the one is the grantee of the estate which was in the grantor before and the other is a person nominated or appointed to take any thing Lessee for life the remainder to him for 21 yeares he hath both estates in him so distinctly as he may grant away either of them for a greater estate may uphold a lesser but not e converso for if a man make a Lease to one for 21. yeares the remainder to him for tearme of his life the lease for years is drowned Lessee for life the remainder to his Executors for 21 yeares the tearme for yeares shall vest in him if an estate be made to A for life the remainder to B in taile the remainder to the right heires of A the Fee vesteth in A. as if it had been limited to him and his heires Exclusive and inclusive vi fo plus 48. 23. If a Lease be made by indenture dated the 26. of May to have and to hold from the Date or from the day of the Date from the day of the making or from the day of the sealing and delivery the Lease shall begin upon the twenty seaventh day of May for these words are exclusive and doe exclude the day of the date and makes it to be no part of the demise Inclusive But if the Lease beare date the twenty sixt of May to have and to hold from the making from henceforth or from the ensealing and delivery hereof then it shall begin on the day it was delivery for the words of the Indenture are not of any effect till the delivery for these words are inclusive and make the day to be parcell of the Tearme Where the words of the statute of 27. H. S. Cap. 16. Inrolements 27 H. 8. of Inrolements are within six Months after the date of the same writings indented that if such writings have a Date that the six monthes shall be accounted from the Date and not from the delivery but if it want date then from the delivery Diâ—r 5. Eliz. 218. An Indenture of Bargaine and sale bare date 4. vi fo 23 October 4. and 5. B. and M. and was inrold 21. Martii prox sequen which was the last day of the six monthes accounting the day of the date exclusive this Deed was well inroled within the said act for the whole day of 4. Octo. shall be accounted in Law the date of the Indenture unde sequitur that from the Date and from the day of the date are all of one sence insomuch as in judgement of Law the Date includeth all the day of the Date If the habendum be for the tearme of 21. yeares without mentioning when it shall begin it shall begin from the delivery for there the words take effect as aforesaid If an Indenture of Lease beare date which is void or impossible as the thirtieth day of February or the fortieth day of March if in this case the terme be limited to begin from the date it shall begin from the delivery as if there had been no date at all And so it is if a man by Indenture of Lease either write a Lease which is not or is void or misrecite a Lease in point materiall which is in esse To have and to hold from the ending of the former lease this lease shall begin in course of time from the delivery therof Coke Lib. 5. fo 1. 12. Eliz. Dier 218. Habendum to I. and to the heires of his body lawfully begotten Taile generall Habendum to I. and A. his wife and to the heires of their two bodies Taile speciall Habendum to I. and A. his wife and to the heires males of their two bodies Habendum to I. and to the heires males of his body or heires female Habendum to I. A. uxor ejus and to the heires of I. which hee shall beget of the body of A. his wife Taile speciall in the husband the wife for life only Habendum to I and A his wife and to the heires of the body of I. engendred * Habendum to I. and A.
M. and of his heires for ever And as for and concerning the said Mannor of c. Vses raised for payment of debts and performance of his last Will. to the use of F. M. for life and then to daughters for portions in such manner as is next before limited And from and after such time as the said severall summes of c. shall or may be had levyed or taken then to the use and behoofe of the Executors and Administrators of the said F. M. for and during the terme of ten yeares then next following for and towards the payment of the debts of the said F. M. the father and for and towards the performance of his last Will Testament and from and after the end of the said terme of 10. yeares then to the use and behoofe of the said E. M. for his life without c. and so on with an intaile et supra Reddendo reservando A rent must be reserved out of Lands or tenements whereunto the Lessor may have resort or recourse to distrain therfore a rent cannot be reserved by a common person out of any incorporeall inheritance as advowsons commons Offices corody multure of a Mill. Reservations of Rent with all incidents belonging thereunto and how tenant in taile must reserve the rent upon his Lease A Man makes a Lease the first of October for ten yeares from the feast of St. Michael then last past yeilding to him and his heires 20. pounds at Michaelmas or within one month after in this case if the lesser die between the feast of St. Mic. and the end of the month the heir shall have the rent as incident to the reversion and not the executors as rent behind because it was not due till the end of the Month. And so if the Lessor betweene the said two daies had granted the reversion over and the Tenant attorne the Grantee shall have the rent as incident to the reversion Tithes Faires Markets Liberties Priviledges Franchises and the like But if the lease be made of them for years by deed it may be good by way of contract to have an action of debts but distrain the lessors cannot neither shall it passe with the grant of the reversion for that it is no rent incident to the reversion but if any grant be reserved in such case upon a lease for life it is utterly void because in that case no action of debt lieth But if a man deviseth the vesture or herbage of his land he may reserve a rent for that the thing is maynorable and the lessor may distraine the cattle upon the land a reversion or remainder of Lands or Tenants may he granted reserving a rent for the apparent possibility that it may come in possession they are tenements within the words of Litleton Vide fo 44. A man makes a Lease for yeares yeilding a yearly rent at the feast of Pasch or a month after with condition of re-entry and the Lessee tenders the rent at the last instant of the day of the feast of Pasch The Lessor in the case may not re-enter upon demand made the last instant of the month because the Lessee hath liberty to pay it then and the diversity was taken between the disjunctive reservation and when the reservation is at a certain feast and a condition is added that if it bee behind by the space of a month after the feast that then the Lessor shall re-enter there the lessee for the salvation of his Lease may not tender it at the last instant of the Feast day because he hath not such liberty and election as in the other case and it was resolved by all the Justices that in the said case of the disjunctive reservation if the lessor dy between the said two daies the heire shall have the rent and not the Executor A man leased certain lands for years yeilding yearly a rent of thirty pounds at Michaelmas and the Anuntiation or within 12. daies after every of the said feasts payable at the Fontstone in the Temple Church London upon condition that if the said rent of 30 l. or any part thereof be behind and unpaid by the aforesaid space of twelve daies next after any of the aforesaid Feasts or daies of payment thereof as is aforesaid therof as is aforeraid that then the said Lease shall be voide and it was adjudged that the lessee in safegard of his Lease shall have 12. daies after the 12. daies to pay the rent for when the rent is not paid at the first day it is as much as if it had been reserved upon the twelfth day after And where it is said per perdictum spacium 12 dierum post c. by good construction all the words ought to take effect viz. post aliquod festorum praedict seu dierum solutionis inde and dies solutionis is the 12. day after the feast and therefore the Lessee shall have 12. daies after the twelfth day which is dies solutionis post festum c. and that for the most a vaile of the Lessee for whose benefit over time was given and those words praedictum spatium 12. dierum standeth well in good sence viz. post praedictum spacium 12. dierum post praedictos 12. dies for that is praedictum spacium though it hath not the same commencement a the other hath And so the quere in 3. and 4. P. M. fo 142. well resolved Dier A Parson of a rectory made a lease for yeares rendant rent at Michaelmas or within a month after The Lessor died ten daies after Michaelmas and was barred by judgement of the Court because the lessor died before the rent was due Dame Eliz. Pawlet seised of the Mannor of Wade for her life by Deed indented demised the Mannor to William Pawlet for 99. yeares if she the said Dame Eliz did so long live yeilding the rent of 100. pounds at Michaelmas and Pasch or within 40. daies after either of the said feasts W. Pawlet made Dulcibel his wife Executrix and died Dulcibel took to husband Iohn More Esq Dame El. Pawlet made Edward Walgrove her Executor died the thirteenth day after Michaelmas her Executor brought an Action of Debt for the halfe yeares rent ended at the Feast before the death of the said Eliz. tota Cuâ—ia contra quaerentem Yeilding and paying therefore yearly during the said terme unto the said c. the yearely rent or sum of a 100. pounds Rent reserved to be paid of the thing demised and without any demand of the rents so note that by speciall consent of the parties a reentry may be for default of payment of rent without demand thereof Nomine penae forfeited for non-payment of rent without any demande made at two tearmes or Feasts in the yeare most usuall by equall portions the first payment therof to begin at the Feast c. next ensuing the date hereof the same payments to be made yearely at or in
according to the exception of the Statute but not a Lease for life or lives as hath been said But this concurrent Lease hath been resolved to be good as well upon the exception of 1 Eliz. in the case of Bishops as upon 13 Eliz. which extend to Spirituall and Ecclesiasticall Corporations aggregate of many as Deanes and Chapiters c. which 32 H. 8. for the Leases for years to be made according to the exceptions of the Statute of 1. and 13 Eliz. must begin from the making and not from the day of the making but by force of 32 H. 8. from the day of the making And though the Statutes of 1. and 13 Eliz. do not appoint the Lease to be made by writing yet must it therein and in the other 8. properties or qualities before mentioned and required by 32 H. 8. follow the patterne thereof the concurrent Lease onely excepted And though the exception in 1. and 13 Eliz. concerning the accustomed rent is more generall then that of 32 H. 8. and there is not any provision made for Leases made dispunishable of waste c. yet must the patterne of 32 H. 8. be followed for Leases made without impeachment of waste by such Spirituall and Ecclesiasticall persons are unreasonable and are causes of disputations And albeit it be proved by the said Acts that all Grants c. Leases c. other then Leases for three lives or one and twenty yeares according to these Acts should be utterly void and of none effect to all intents Yet Grants or Leases c. nor warranted by these Acts are not void but good against the Lessor if it be a sole Corporation or so long as the Deane or other head of the Corporation remaine if it be a Corporation aggregate of many for the Statute was made in benefit of the Successor 3. pars Coke fol. 50. 60. pars 39. Eliz. inter Hunt Singleton How to make a perfect Joynture within the Statute of 27 H. 8. wherein six things are to be well observed Joynture to bar Dower FIrst her Joynture by the first Limitation is to take effect for her life in possessions or profit presently after the death of her Husband Secondly that it be made for the terme of her owne life Thirdly it must be made to her selfe and none other for her Fourthly it must be made in satisfaction of her whole Dower and not in part of her Dower Fifthly it must either be expressed or averred to be in satisfaction of her Dower Sixthly it may be made either before or after marriage Concerning the first if a man make a Feoffment in fee of Lands or Tenements either before or after marriage to the use of the husband for life and after to the use of A. for life and then to the use of the wife for life in satisfaction of her Dower this is no Joynture within the Statute because by the first limitation it was not to take effect in possessions or profit presently after the death of her husband and although in that case A. should dye living the husband and after the death of the husband the wife entreth yet this is no Bar of Dower but she shal have her Dower also because it is not within the said Statute and by the Common Law it was no Bar of Dower Secondly it must be either in Fee-taile or for terme of her owne life for an Estate for life or lives of one or many others or to her for a hundred yeares if she live so long or without such limitation is no Bar of Dower albeit it be made expresly in satisfaction of her Dower Thirdly if an Estate be made to others in Fee-simple or for life upon trust so as the Estate remaine in them albeit it be for her benefit and by her assent and by expresse words to be in full satisfaction of her Dower yet is this no Bar of her Dower The fourth is so plaine as it needeth not any example Fifthly a Devise by will cannot be averred to be in satisfaction of her Dower unlesse it be so expressed in the Will Sixthly if the Joynture be made before marriage the wife cannot waive it and claime her Dower at the Common Law but if it be made after marriage then she may waive the same and claime her Dower Vernons case 4. pars Co. fol 4. If a Joynture be made to the wife of Lands before the Coverture and after the Baron and Feme alien by Fine those lands so conveyed for her Joynture she shall not be endowed of any other of her husbands lands But if the Joynture had been made after marriage notwithstanding the alienation by the husband and wife thereof by Fine yet seeing her Estate was originally waivable and the time of her election came not till after the death of her husband she may claim her Dower in the residue of his lands Note that by force of the Statute of 1 Ed. 6. cap. 2. 5 Ed 6. cap. 11. a wife shall not lease any Title of Dower which to her was accrued by the Attainder of her husband for any manner of Murther or other Felony whatsoever But if the husband be attainted of high Treason or petite Treason she shall be barred of her Dower at this day Feoffment to the use of a mans last Will and Testament When a Feoffment is made to a future use as to the performance of his last Will the Feoffees shall be seised to the use of the Feoffor and his Heires in the mean time 35 H. 6. 22. 15 H. 7. 12. H. 36. 11. H. 4. 521. 7 H. 4. 2. 2. 1 Mariae III. Dyer vide fol. 25. a. Surrenders Surrender in Law A Surrender in Law is in some cases of greater force then a Surrender in Deed as if a man make a Lease for yeares to begin at Michaelmas next this future interest cannot be surrendred because there is no reversion wherein it may be drown But by a Surrender in Law it may be drowned As if the Lessee before Michaelmas take a new Lease for yeares either to begin presently or at a day to come this is a Surrender in Law of the former Lease Lessee for yeares grants a Rent-charge and surrenders yet the Rent shall be paid during the yeares So if he in Reversion grant a Rent-charge during the terme and then the Lessee doth surrender unto him he shall pay the Rent during the terme for a stranger that is a Grantee of the Rent shall say for his benefit that the terme continueth and that it is not determined If a man make a Lease for forty yeares Surrender by acceptance of a new Lease By Surrender one of Court the Copy-hold estate passeth to the Lord under a secret condition that it be presented at the next court according to the custome of the Mannor And therefore if after such a Surrender and before the next court he that made the Surrender dieth yet the Surrender standeth good
and if it be presented at the next court Ceaque use shall be admitted thereunto But if it be not presented at the next court according to the custome then the surrender becometh void and so it was clearly holden Pasch 14 Eliz. in the court of common Pleas. the Lessee afterwards taketh a Lease for twenty years upon condition that if he doth such an act then the Lease for twenty yeares shall be void and after the Lessee breakes the Condition by force whereof the second Lease is void yet the Lease for forty yeares is surrendred for the Condition was annexed to the Lease for twenty yeares but the Surrender was absolute So if a man make a Lease for forty years and the Lessor grants the Reversion to the Lessee upon Condition and after the Condition is broken the terme was absolutely surrendred And the diversity is when the Lessor grants the Reversion and when the Lessee grants or surrenders his Estates to the Lessor for a Condition to a Surrender may revest the particular Estate because the Surrender is conditionall But when the Lessor grants the Reversion to the Lessee upon Condition there the Condition is annexed to the Reversion and the Surrender absolute If Lessee for yeares accept a new Lease of his Lessor to begin presently or at a day to come that is a present surrender of the first Lease And if Lessee for forty yeares take a new Lease to him and his Son by Deed indented for twenty yeares by which Deed the Lessor covenanteth that if the Son dye within the terme that then the first Lease shall stand in his force the same Lease or any other thing notwithstanding although the Son dye within the said twenty yeares yet this Covenant shall not revive the first Lease And if a Lease be made for twenty yeares to begin at Michaelmas and after before Michaelmas the Lessee excepteth a new Lease of his Lessor of the same land by Deed indented for sixteen yeares the Lessee upon his entry at Michaelmas is but Termor for sixteen yeares and that is by reason of the Deed indented and the agreement which amounteth to a Grant of the first Lease c. for an interest of a terme may not be surrendred before that it be in possession nor the Lessee shall not have Ejectione firmae nor Action of Trespasse before he be in possession But he may forfeit or grant such interest of a terme yet some hold that such interest may by acceptance of a new Lease be surrendred very well And they take a diversity where the second Lease may determine before the beginning of the first then the acceptance of that is no Surrender otherwise it is if it containe a day after the beginning of the other then they say that it is a Surrender But it is a Principle that it behoveth that he that surrendreth be seised or possessed of the Estate and of the thing surrendred at the time of the surrender made for a surrender made by Tenant for life disseised is void for that he hath but a right at the time of the surrender the same Law of a surrender made by a Fome which hath title to Dower is void Also a man may not surrender a right to a terme and a man may not surrender that which he hath not as a terme which is to begin at a day to come nor a terme before that the Lessor which surrenders hath entred lawfully by force of his Lease for a Release made to such Lessee by the Lessor before the beginning and before the possession had of his Lease is void Also the Lessor remaineth possessed of the Demesne and hath not any reversion before that And in every surrender these foure things are to be considered and observed viz. Foure things to be observed in every surrender 1. It behoveth him that surrendreth to have in him the thing surrendred at the time 2. The surrender ought to be made of the thing leased for this word Surrender is of such effect to give againe and nothing may be given againe but that which was created before 3. It behoveth alwaies that there be a privity between him that surrendreth and him to whom the surrender is made which privity is defeated and destroyed by granting over of their Estates 4. And it behoveth also that he to whom the Surrender is made hath in him and in his right the immediate Reversion or Remainder of the thing at the time of the Surrender made and of such Estate so that the thing surrendred may draw therein for surrender made to him which hath but a right of Reversion as to the Disseisee or to Tenant in Law as to the Heire or to the Lord by Escheat before that they have entred or have seisin or possession in Deed or to the Discontinuee of Tenant in taile c. is a void surrender And note that there is a Surrender in Deed and a Surrender in Law of a terme for yeares Surrender in deed and Surrender in Law and therfore if Tenant for yeares and the Lessor make a Feoffment or Lease for life that shall be taken the Livery of the Lessor and the surrender of the Lessee for the terme thereby is extinct and yet there is not any word of surrender but it shall be so taken by the Judgment of Law which alwaies incline the words of the parties to the minds of the parties But if Tenant for life and his Lessor make a Feoffment in fee by Deed that is the Feoffment of Tenant for life and the Confirmation of the Lessor although there be not any word of Confirmation in the Deed and that shall not be taken to be a Surrender in Law But if Tenant for life speaketh that he agreeth or sheweth his contentment to enable him in the Reversion onely to make a Feoffment and Livery and Seisin to a stranger that is a Surrender in fait But if he surrender by word in another County that is not a Surrender untill he to whom it is made hath entred And it is to be thought that if Tenant for life take a new Estate of his Lessor for twenty yeares that this is a surrender in Law of the Lease for life for otherwise the second Lease was made to him when he was seised or possessed of the first Lease Surrender by expresse words Note that a Surrender by expresse words is where the Lessee saith to the Lessor that his will is that he shall have againe the land or that he will no longer occupy the same if the Lessor thereunto agree and enter that is a Surrender and else not But if Tenant for life waive the possession and the Lessor enter that is no Surrender In Chenies case it was resolved in Curia Hardorum 27 Eliz. that where he in Reversion enfeoffed his Lessee for yeares to the use of others that although the Lease be surrendred and extinguished by the Common Law yet by the saving of the Statute of 27 H.
elder son was in possession of the dignity no more then of his blood for the dignity is inherent to his blood and neither by his own act nor by the act of another hath he gained more actuall possession then by the Law descended to him Coke 3. pars fol. 42. Actuall possession quid Possession in Law quid Here 's jure proprietatis heres jure representationis An actuall possession is when a man entreth in Deed into lands to him discended A possession in Law is when lands be discended to a man and he hath not yet really entred into them nor hath seisin of the rents reserved upon any estate made for life by him from whom he claimeth Every one that is heire unto another is as the eldest Son shall inherit onely before all his brothers Aut heres jure representationis as where the eldest Son dieth in the life of his Father his issue shall inherit before the youngest Son for although the youngest Son be magis propinquus yet jure representationis the issue of the eldest Son shall inherit for he doth represent the person of his Father And even as none may be procreate but of one Father and one Mother and ought to have in him two bloods viz. the blood of his Father and the blood of his Mother those two bloods commix in him by lawfull marriage doth constitute and make him heire So none may be heire to any one unless he hath in him both the bloods of him to whom he shall make himself heire And therefore the heire of the half blood shall not inherit because he wanteth one of the bloods that should make him inheritable for as in this case the blood of the Father and the blood of the Mother make but one blood inheritable and both are necessary to the procreation of an heire therefore desiciente uno non potest esse haeres And this is the reason of the Maxime of Possessio fratris de feodi simplex facis sororem esse haeredem Co. 3. pars Ratcliffs case fo 37. If a man be attainted of felony by judgment the heires begotten after the attainder are foreclosed from all manner of hereditary Succession as well on the part of the Mother as on the part of the Father And Britton gave this reason because the Son procreate after the judgment had not two bloods inheritable in him for at the time of his birth the blood of his Father was corrupt for ex leproso parente leprosus generatur filius And when the Father is attainted of felony the blood in respect of what it shall be inheritable being corrupt the Son as like to it hath not but half blood viz. the blood of the Mother in him without corruption And therefore he holdeth that such a Son shall not inherit his Mother And with him Bracton accordeth for saith he Non valebit felonis generatio nec ad hereditatem paternam vel maternam si autem ante feloniam generationem fecerit talis generatio succedit in hereditatem patris a quo non fuit felonia perpetrata Because that at the time of his birth he had two lawfull bloods commixt in him which may not be corrupt by attainder subsequent but onely as to that Father or that Mother by whom the Felony was done and committed Assise To arraigne an Assise is to cause the Demandant to be called to make the plaint and to set the cause in such order as the Tenant may be inforced to answer thereunto and is derived of the French word Arrayner to order or set in right place and the Assise is Arrained in French and entred in Latine Executed and things executory a difference There is a diversity between Inheritances executed and Inheritances executory As Lands executed by Livery c. cannot by Indentures of Defeasance be defeated afterwards And so if a Disseisee release to a Disseisor it cannot be defeated by Indenturs of Defeasance made afterward but at the time of the Release or Feoffment c. the same may be defeated by Indentures of Defeasance for it is a Maxime in Law Quae in continenti fiunt in esse videntur But Rents Annuities Conditions Warranties and such like that be inheritances executory may be defeated by Defeasance made either at that time or at any time after And so the Law is of Statutes Recognizances Obligations and other things executory Distress for a mercement He that distraineth for an Amercement and such like must be sure to distraine the Goods and Chattels of him that is amerced because he may not distraine another mans beasts for this amercement But for rent or services it is otherwise for the party may distraine the beasts found in the land that are levant and couchant there N. B. fol. 100. B. Distress Damage-feasant And if a man take beasts for Damage-feasant and the other offer sufficient amends he refuse c. Now if he sue a Replevin c. for the beasts he shall recover Damages onely for the Detinue of them and not for the taking for that was lawfull F.N.B. 69. The Lord may seise a Herriot service aswell as a Herriot custome Herriot service Herriot custome may be seised Warde and so it was then adjudged by the whole Court Plow fo 96. Replevin Woodland versus Mantle It was resolved that when the King maketh an heir apparent which in age of a Tenent by Knights service a Kt in the life of his ancestor after the ancestor dieth the said heir within age in this case he shall be out of ward and shall pay no value of his marriage nor the Lord shall have the custody of the Land for in such ease by the making of him Knight in the life of his Ancestor he is made as of full age so that when his Ancestor dieth no interest either in the body or in the land ever vesteth in the Lord. It was also resolved that when the heir within age is made Knight after tender made to him although that he within age marry else where yet he shall not pay the forfeiture of marriage Cok. 6. pars fo 73. Sir Drue Druries case If an infant in the life of his father be made Knight and his Father die he shall be in Ward but otherwise it is where an infant in Ward is made Knight there he shall be out of Ward 2. E 6. tit Garde 42. Magna Char. Cap. 3. Touching the time of the beginnning of a Lease for yeares it is to be observed Commencement of a lease Inclusive exclusive that if a Lease be made by indenture bearing Date the 26. of May c. to have and to hold for 21. yeares from the Date or from the day of the Date it shall begin the 27. day of May. If a Lease beare Date the 26. of May. c. to have and to hold from the making hereof or from henceforth or from the sealing and delivery hereof
it shall begin on the day in which it is delivered for the words of the indenture are not of any effect till the delivery and thereby from the making or from henceforth take their effect But if it be a die confectionis or a die datus or a datu then it shall begin the next day after the delivery If the habendum bee for the terme of twenty one yeares without mentioning when it shall begin it shall begin from the delivery for there the words take effect as is aforesaid If an Indenture of Lease beare Date which is void or impossible as the 30. day of February or the 40. of March if in this case the terme be limited to begin from the date it shall begin from the delivery as if there had been no date at all And so it is if a man by his indenture of lease either recite a Lease which is not or is void or recite a Lease amisse in point materiall which is in esse to have from the ending of the former Lease this Lease shall begin in course of time from the delivery therof Coke 5. pars fo 1 12. Eliz. Dier fo 286. 14. El. Dier 307. 5. Eliz. Dier fo 218. Re-enter and take the profits untill c. If a man make a lease for yeares reserving a rent with condition that if the rent bee behind that the Lessor shall re-enter and take the profits untill therof he be satisfied there the profits thereof shall be accounted as parcell of the satisfaction and during the time that he so taketh the profits he shall not have an action of debt for the rent for the satisfaction whereof he taketh the profits but if the condition be that he shall take the profits untill the Feoffor be satisfied or paid off the rent without saying thereof or to the like effect there the profits shall not be accounted in part of the satisfaction but to hasten the Lessee to pay it New Littleton fo 203. 30 E. 3. 7. 27 H. 8. 4. 43 E. 3. 21. Livery Seisin Tantamount Of free hold and inheritances some be corporeall as Houses Lands c. these are to pass by Livery and Seisin by Deed or without Deed some bee incorporeall as Advowsons Rents Commons Estovers c. these cannot passe without Deed but yet without any Livery And the Law hath provided the Deed instead of a Livery and so it is if a man make a Lease and by Deed grant the reversion in Fee here the Free-hold with the Attornment of the Lessee by the Deed doth pass which is in lieu of the Livery To say that money is fallen Actions on the case that he hath gone about to get poison to kill the child that such a woman goeth with that a man did lie in wait to rob one or procured another or agreed with another to murder him or sought his life for his land to call a Marchant bankerupt but not to call a Gent. c. bankerupt is not actionable to call an Attorney Ambidexter or or to say that he dealeth corruptly But words of choller and heate as to call one cousiner crafty-knave common Extortioner Drunker Witch Rogue Pillory-Knave Villain unlesse he say Villaine to such a man or regardant to such a Mannor are not actionable But if the speaker be able to justifie the words for then it is not falsely As to call a man perjured by reason of a perjury comitted in the Star-chamber Murtherer Thiefe or such like upon a conviction too but to call one Theife or Murtherer upon an inditement or common fame is actionable If one having another mans goods convert them to his owne use if a Smith cloy my horse these are actionable but not if he take him to cure without warranting of him and doing all he can yet the Horse impaire If being committed to the Goale the Jaylor of malice put upon me two many Irons or otherwise use mee so hardly that I become lame thereby this is actionable Sir Hen. Finch fo 186. A grant by an Infant under the age of twenty one yeares A grant one out of his right mind whom wee call non sanae memoriae or non compos mentis or one compelled to doe an act either by duress of imprisonment or feare of some bodily hurt threatned to himselfe but not to his Father mother Brother c as losse of life and member or though it be but of imprisonment for imprisonment is a corporeall paine and one may be imprisoned that he die of it otherwise of menace to breake or burne downe ones house for that is but the losse of ones goods is avoidable and may be avoided at any time by entry action c. if they deliver it with their hand as in a grant of a rent advowson c or a Feoffment by letters of Attorney it is meerely void and nothing at all passeth So if a grant made by one which hath no understanding as if he be borne Dumbe Deafe and blind but one Dumb may make a good grant or borne dumb and deafe for diverse may have understanding by their sight only though dumb and deafe If an infant bargaine for his necessary meat drink and apparell c. it shall bind him Other Grants of his where himselfe hath likewise benefit we call it quid pro quo are onely voydable and not void as if he let lands for yeares reserving a rent Sir H. Finch fo 102. Pretended right None shall buy sell or get or take promise or grant to have any pretended rights or titles to lands c. except the seller or these by whom he claimeth were in possession or took the profits by the space of a yeare next before upon paine that the sellor c. shall forfeit the value of the land and likewise the buyer knowing the same provided he that is in lawfull possession by taking the yearly profits may buy c. anothers pretended right 32 H. 8. ca. 9. Tole in market The seller shall not pay Toll but the buyer neither shall a man pay Toll for the things he bringeth to the Faire but for the things he selleth but by the custome he may for every thing brought to the faire and for his standing also Finch fo 166. If the Parson of a Church purchase a Mannor within his Parrish now by this purchase and unity of possession the Mannor which was titheable before is now made non decimabilis because hee cannot pay tithes to himselfe but if the Parson make a Lease of his Parsonage and Rectory to a stranger now the Parson himselfe shal pay Tythes of his Mannor to the Lessee of the Rectory and if the parson make a Feoffment of the Mannor the Feoffee shall pay Tythes to the Feoffor Parson because that Tythes may not be extinct by any unity of possession as rent-charge may which is issuing out of Lands but tythes are due by the Law of God ex debito by the manurance and
because that by a Release of Demands all the meanes and remedies and the causes of them which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest to the thing it self But note although that a Release of all Demands be of so great extent yet that extendeth not to such Writs by which nothing is demanded neither in fact nor in Law by doing onely to releive the Plaintiff by way of discharge and not by way of demand A Release of all Demands is not a bar in a Writ of Error to reverse an Outlawry By a release of all demands Rent-seck all Actions mixt Warranty which is a Covenant reall and all other Covenants reall and personall Estovers all manner of Commons Profits apprender Conditions before they be broken or performed or afterwards Annuities Recognizances Statutes Obligations and Contracts c. are released and discharged If a man by Dead covenant to make a house or to make an Estate and before the Covenant broken the Covenantee release to him all Actions Suits and Quarrels that is no discharge of the Covenant because that at the time of the Release nothing was due nor was it any debt or duty or any cause of Action in esse but in this case of all Covenants is a good discharge of the Covenant before it be broken A Release of all duties extendeth to all things due which is certaine and therefore dischargeth Judgments in personall Actions and Executions also If the Plaintiff after Judgments release all Demands the execution is discharged By a Release of all Quarrels all Causes of Actions are released although no Action be then depending Coke 10. pars fol. 51. 38 H. 8 Release 6 H. 7. 15. 19 H 6. 3. 4. 40 E. 3. 22. 5 Eliz. Dyer 217. By a Release of all Suites the execution is released If a man be in Execution If a man make a Lease for ten years the remainder for twenty years he in remainder releaseth all his right to the Lessee he shall have an estate for thirty years for one Chattell cannot drown in another and yeares cannot be consumed in years Cokes Littleton 260. b. Co. 6. pars fo 47. a Release of all Debts or Duties he is to be discharged of the Execution because the Debt or Duty is discharged If Judgment be given in an Action of Debt and the body of the Defendant is taken in execution by Capias ad satisfaciendum and afterwards the Plaintiff releaseth the Judgment by that the body shall be discharged of the execution In an Action of Debt brought by Hoe in the Kings Bench If a rent be behind for twenty years and the Lord do make an Acquittance for the last that is due all the rest are presumed to be paid And the Law will admit no proof against this presumption Cokes Littleton fol. 373. Phelix Marshall was baile for the Defendant and afterwards before any Judgment given the Plaintiff released to Pehlix all Actions Duties and Demands and after Judgment was given against the Defendant and upon a default of the Defendant Scire facias went out against Phelix Marshall who pleaded the said generall Release upon which plea the Plaintiff demurred And it was adjudged that this Release shall not bar the Plaintiff for the words of the baile are conditionall viz. Si contigeret predictum defendentem debit dam. ill prefat quer minime solvere aut se prisonae Mareshalss ea occasione non reddere c. So that it may not be by the said Baile any certaine duty untill Judgment be given for before that none may know to what summ the Debt and Damages will amount to he which is baile for the Defendant is not bound in any certaine summ at the first but his Recognizance being generall shall be reduced to a certainty by the Judgment and not before The effect of a speciall bail given in the Kings Bench. The Condition c. That where the above named H. C. and one R. H. in their proper persons have undertaken so the above bounden C F. by a Recognizance or Mainprise taken and knowledged before the Justices of the Kings Bench at Westminster that if it happen the said C. F. to be condemned in any Action at the suit of T. B. Esquire that then the said R. H. and H. D. did grant all Costs and Damages and Executions which should be judged to the said T. B. in that behalf should be levied to the use of the said T. B. of the Lands and Chattels of the said R. H. and H. C. if so it be that the said C. F. do not pay the same Damages himself to the said T. B. or restore and yeild himself againe by meanes thereof to the Prison of the Marshall of the Marshalsey if the said C. F. his Heires c. and every of them at all times hereafter from time to time do well and truly acquit discharge or save harmlesse the said H. C. and R. H. their Heires c. and every of them against the said T. B. his c of and for the breach and forfeiture of the said Recognizance and Mainprise and of and for the execution of the said Action whereupon the same Recognizance and Mainprise was so taken and knowledged and also of for and upon all other Bonds Obligations and Recognizances wherein the said H. C. standeth bound to any other person or persons for and in the behalf of the said C. F. that then c. Cases in Law of divers and sundry manners and matters I. A. by Indenture bearing date the third of May Livery and seisin void but if in this case Livery be made by the Lessor himself at the day that this Lease in futuro is to commence then the Lease is good but if by Attorney then void vide plus de hoc fol. 50. fol. 51. leaseth a Messuage to B. to have to the said B. from the Feast of the Annunciation of our Lady then next coming for the terme of his life and Livery is executed the tenth of March following the Livery in this case is void because every Livery ought to vest the Freehold in him to whome the Livery is made at the time of the Livery and this Grant did not commence untill the Annunciation following so that the livery could not bring a possession before the terme was to begin and where there is no Estate present whereunto the livery may be annexed nor whereunto it may unite in the mean time then such livery is void Plowden fol. 156. An estate of Frank-tenement at the Common Law may not commence in futuro A Frank-tenement be it in possession reversion or remainder may not be limited to commence at a day to come but ought to take effect forthwith in possession reversion or remainder as if a man make a lease for life to begin at Mich. next that is void so if a man make a lease for life to have from the date
of the Indenture or from the day of the date or from the day of the making or from the day of the sealing and delivery such leases are meerly void for the date is excluded and the lessee may not enter untill the morrow for when a man makes a lease for life to commence at a day to come he may not make present livery to a future estate and therfore in such case nothing passeth and Livery or Attornment afterwards will never make a void Grant to be good Coke 5. pars fol. 94. 2. pars fol. 55. If a Lease be made for years or at Will by Deed and Livery and Seisin be made to the Lessee yet he is but Tenant for years or Tenant at Will according to the limitation of the Deed and not Tenant for life by force of the livery But if a lease be made for years the Remainder to a stranger for life and livery is made to the Lessee who enters this livery shall vest the Remainder in the stranger and if the Lessee enter by force of his lease before livery be made unto him then the Remainder is void Condition where an enâ—ry is reserved to a stranger vide casus tertium prox sequent A man enfeoffeth one upon condition that he shall pay ten pounds to B. and upon default that B. shall enter now if the rent be not paid the Feoffee may enter in Law and Conscience and not B. for he is a stranger to the Condition and B. hath no remedy in Conscience to have the land And when the Feoffment is made upon Condition although it doth not speak that for default of payment he may re-enter yet that is implied in the word Condition and as to the words that B. shall enter by default of payment they are void words Doctor Student fol. 93. Condition for non-payment of rent and then an Assise is brought or a Distress taken If a Condition be broken for non-payment of rent yet if the Feoffor bring an Assise for rent due at that time he shall never enter for the Condition broken because he affirmeth the rent to have continuance and whereby waiveth the condition and so it is if the rent had had a clause of Distresse annexed unto it if the Feoffor had distrained for the rent for non-payment whereof the condition was broken he should never enter for the condition broken but he may receive that rent and acquit the same and yet enter for the condition broken Acceptance of rent barreth a re-entry But if he accept a rent due at another day after he shall not enter for the condition broken because he thereby affirmeth the lease to have continuance Coke Lit. fol. 211. b. If a man enfeoff one by Indenture by which it is covenanted and agreed that the Feoffee shall pay to a stranger and his Heires ten pounds per annum at a certaine day and if he faile that the stranger and his Heires may enter in that case if the Feoffee doth not pay it the stranger shall have use of the land in conscience and not by the common law and shall have a Subpaena to constraine the Feoffee to make an estate unto him But in the said case if it had been upon condition that a stranger may enter for non-payment of the rent there the Feoffor himself shall enter and not the stranger for none may enter for a condition annexed to Fee but for lives and when the Feoffor hath entred he is not holden to convey the land to a stranger that ought to have the Rent Doctor Student 100. 101. In Mary Portingtons case Coke 10. pars fol. 39. Incidents to an estate taile It was observed and agreed for Law that to an Estate-taile there are three manner of incidents some by the common Law some by Act of Parliament and some by custome by the common law they are such which are not restrained by the Statute and may not be restrained by any condition 22 E. 3. 17. as Dower and Tenant by the curtesie after issue are incident to an Estate taile and may not be restrained by any condition An Estate taile cannot be restrained by any condition or limitation vide Coke 9. pars fol. 128. 6. pars Sir Anth. Mildmaies case Recovery fraudulent Also the Estate of him and Tenant in taile after possibility are dispunishable for Waste And collaterall Warranty is a bar to the Estate-taile and so is a common recovery also and none of these may be restrained by any condition or limitation by the Statute law as to make leases by the Statute of 32 H. 8. cap. 36. and to levie a Fine by the Statute 4 H. 7 cap. 24. and 33 H. 8. cap. 36. to bar Issues and none of those which are incidents to that Statute by act of Parliament may be restrained by condition for when a man maketh a Gift in taile he tacire doth give these incidents thereunto And therefore to restraine them by condition or limitation shall be repugnant And as to the case upon the Statute of 11 H. 7. it was answered that when the husband for advancement of the wife with competent Joynture and preferment of their Heires of their two bodies engendred hath caused an estate to be made to himself and to his wife in tail and after the deaths of the husband the wives to disinherit the issues of their former husbands suffer recoveries and convey the land to strangers of the bloud of the husband such recovery was worthy by the Parliament to be noted with the marke to be suffered by Covin And the act of the wife either when she is sole or with her and her second husband is so odious that a recovery had upon a good title against them by Covin is made void by the said Act. Fraud So in the said Acts of 32. H 8. and 14. Eliz. when a common recovery was had against Tenant for life to the prejudice of those who had the inheritance that may be well termed covenous and by collusion and yet in the same case when tenant for life the remainder to A. in taile the remainder to B. in taile c. with divers remainders over and Tenant for life suffereth a common recovery wherin he voucheth A. and he the common vouchee that shall bind all the other remainders for no Covin or collusion may bee supposed when the next in remainder in taile which hath the immediate inheritance is vouchee as it was adjudged in Jennings case Fraudulent conveyances to defraud purchasors Vide plus de hoc fo 18. 27 E. cap. 4. every Conveyance Grant Charge Lease Estate incumbrance and limitation of use of Lands Tenements or Hereditaments made since the beginning of her Majesties Raigne or hereafter to be made for the defrauding of Purchasors of the Land it selfe or any part or profit out of it shall be void against the person so purchasing for money or other good consideration and against all