Mulier Puisne and the Father dies seised of a Mannor the Bastard enters and gets the Services of all the Tenants and after one of the Tenants makes a Lease for life to the Bastard who dies seised and the Issue enters into the Mannor the Mulier may distrain the Tenant who made the Lease for life for all the Services due after the death of the Father for his Entry was not taken away as to the Services of that tenancy the Seignory of that tenancy being suspended in the estate for life and so no Descent but if there had been a Lease for yeares it had been otherwise Grandfather Father and Son the Father a Bastard the Grandfather seised in tail Quaere if the Son shall Inherit If there be Bastard Eigne Mulier Puisne and the Father is disseised and dies the Bastard enters upon the Disseisor and dies seised being there was no possession in Law descended from the Father but onely a naked right which vests in the Mulier therefore the Descent of the Bastard shall not take away the right of the Mulier But if the Father had died seised and a Stranger had abated upon whom the Bastard had entred and died seised there the Mulier shall be barr'd because the possession in Law descends Tamen Quaere for the entry of the Abater vests a right of Action in the Mulier which cannot be devested by the Entry of the Bastard If there be a Son Bastard Eigne and Daughter mulier Puisne the Father dies seised of a Rent the Daughter having a Husband the Bastard gets the Rent and thereof dies seised and that descends unto his Issue yet the Husband shall be Tenant by the Curtesy and the Mulier shall not be bound by it for the Rent was vested in the Daughter at the time of the Descent and being the Daughter may choose whether she wil admit her self out of possession or no therefore it is at her Election whether she will suffer any wrong to be done to her self or no. If a man dies seised having a Son a Bastard eigne and a Daughter a mulier puisne being married at that time the Bastard enters and dies seised his Issue enters and the Husband dies perhaps the Wife shall not be bound no more than an Infant in that case But if the Bastard had entered and after she had taken Husband c. it had been otherwise If a man hath a Daughter a Bastard eign and a Son a Mulier Puisne perhaps the Maxime does not hold for she had no colour by the Law If there be two Daughters Mulier and Bastard and they make Partition and the Bastard dies seised without Issue the Land shall not Escheat for if the Lord will say she was a Bastard and so it ought to Escheat the Mulier shall say that she her self is a Mulier and therefore it belongs intirely to her and if the Lord will say they made partition by which the Mulier had admitted her inheritable then the Mulier shall say by that I did admit her to be my Sister and so I am her Heir thus the Lord is estopped every way Lord Mesne and Tenant by equall Services the Tenant fore-judges the Mesne the Lord dies having a Bastard eigne Mulier puisne the Bastard hath Issue and dies seised after he had married with the Tenant the Wife dies the Mesne reverses the Fore-judger by error the question is if the Mulier shall have the Rent of the Seignory It seems the Maxime holds place as well of a Rent as of Land as it is holden in 14 E. 2. Bastard 26. And though the Rent was suspended by the Marriage yet the Maxime holds place as to the dying seised of a Rent without interruption for if a man hath a Rent in Fee and becomes Tenant by the curtesie of the Land and dies his Heir shall have a Mortdancester of the Rent which he could not have if his Ancestor did not die seised Vide Release Bona Felonum c. THe Goods of those who are attainted by Verdict or Outlawry or Confession are said Cattalla Felonum and if a man flies for Felony the Goods which he hath at that time are Bona waiviata and though he be Attainted after yet they are so still But if a man flies for Felony and after he is taken and acquitted there his Goods are forfeited as Catalla Fugitivorum but in all the cases the property must be in him that flees But by some Bona Waiviata are those which are stollen by a Felon and left v. 29. E. 3. 12 E. 4. 6. Borough English A Man dies without Issue seised of an Acre in Borough English having two Uncles the youngest who enters into the Acre by reason of the possession is voucht with the Eldest by reason of a Warranty entred into by the Nephew they lose the Tenant who voucht them having recovered dies leaving two Sons the eldest sues Execution and the youngest ou ts him vide 11 H. 7. 12. A. Charge GRandfather Father and Son the Father disseises the Grandfather and dies the Son grants a Rent Charge the Grandfather dies the Son shall not avoid his own Charge by the accession of this new Right If the Son disseises the Father and grants a Rent Charge and the Father grants a Rent Charge the Land shall be charged in Perpetuum but if the Son had been dead first it had been otherwise and his Son should have holden it discharged If a Stranger disseises the Father and grants a Rent Charge and infeoffs the Son and the Father dies the Son shall hold it discharged If the Father disseises the Grandfather and dies the Son enters and grants a Rent Charge the Grandfather dies he shall hold it discharged although he was of full age at the time of the Charge vide Sect. preced cont As if Tenant in tail infeoffs the Issue within age who grants a Rent Charge at full age after the death of Tenant in tail the Son shall hold it discharged for in both cases he is in of another estate If a Disseisor grants a Rent Charge and is disseised a Release is made to the second Disseisor the Charge remains If two Jointenants grant a Rent Charge Provided that it shall not charge the person of one of them some think he shall not charge the other Tenant in tail grants a Rent Charge in fee and makes a Lease for forty yeares rendring a Rent and dies the Issue accepts the Rent some think the Grantee shall have the Rent during the Lease and the life of the Issue though the Lessee surrenders Quaere for the Reversion is discharged The Father disseises the Son and grants a Rent Charge the Son endowes his Wife ex assensu patris in the same Land the Father and Son die the Wife enters as Tenant in Dower she shall hold it charged for she doth not claim from the possession in Law but from the possession charged If Tenant in tail grants a Rent Charge and
may enter into the Moity for the Forfeiture For now she is Tenant in tayl after possibility in which case she hath but a Freehold in the remainder otherwise if her Estate had been in tail Land is devised to A. for life the Remainder to him that shall be his first Son the Remainder in Fee A. aliens in Fee if he in the Remainder may Enter for the Forfeiture Quaere Frankmarriage THree Jointenants one of them gives his part with his Daughter in Frankmarriage to one of his Companions and by the same Deed releaseth to them in Frankmarriage and makes Livery some think that is a good gift in Frankmarriage for this reason that although one Jointenant cannot infeoffe his Companion yet his Companion and another he may and the Livery made to the other shall vest the Land in both and that is for the advantage of the third as in Gascoignes case 7 H. 6. 3. It was not a surrender for the advantage of the third Nor in 27 H. 7. 41. for the advantage of the Husband so it shall not be void here for the advantage of the third person But others think the contrary because the Husband cannot take it immediately from his Companion and for him it is void and good for his Wife As if a man makes a Feoffment to a stranger his own wife if livery be made to the stranger it will operate but to the benefit of the stranger and will be void for the Wife So here it is good for the wife the Release is good for the Husband Further if one Jointenant cannot infeoffe his Companion as it is holden in 10 E. 4. then it will inure severally viz. to his Companion as a Release and to his wife for life for if it be no good Frankmarriage then 't is the Estate for life and so it was resolved between Webb Porter in 24 Eliz. And then they take in Common and severally and no Frankmarriage Grant TEnant in tail holds by a Rent the Donor grants the services nothing passeth for the Rent cannot passe but as a Rent service Lord and Tenant by Rent and Fealty the Lord grants the services of the Tenant saving the fealty Nothing passes by that Grant for the Rent cannot pass but as a Rent service for a Rent Charge or Rent Seck will not pass by those words The same words cannot be a Grant and a Confirmation too If a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged Causa qua supra If the Lord marries the Tenant or by any means hath as high an Estate in the Tenancy as he hath in the Seignory he cannot grant the Seignory over If the Tenant be in Ward or disclaims the Lord may grant over the Seignory But if the Tenant be Tenant for life of the Seignory and the Seignory is granted to him in Fee he cannot grant it over for he never had possession of it But if he had possession and it is suspended by taking an Estate for life yet he may grant it over If the Parson and Ordinary grant a Rent Charge to the Patron the Successor shall avoid it for the Assent of the Patron ought to be expresse where the Successor shall be bound But if they had all granted it to A. who had granted it to the Patron that had been good If a Rent be granted for life and by another Deed it is granted that it shall be lawfull for the Grantee and his Heirs to distrain for the same Rent it must be a Rent of the same value for the Rent determins by his death So if the King grants to the Mayor and Commonalty of D. the same Liberties which the Mayor c. of L. hath It shall be intended such Liberties A. makes a Lease for life reserving the first four years a Rose and after a yearly Rent of twenty shillings the Lessor grants the twenty shillings to commence after the end of the four years the Grant is void for it is all but one Rent and then if the Grant should be good the Grantor should have a term in the Rose for four years whereas before it was a Freehold and then it is no more but that a man hath a Rent in Fee and grants it after four years that Grant is void otherwise of a Rent created de Novo 8 H. 7. 3. A. seised of a Rent in Fee grants it to one for twenty years from the time of the Atturnment of the Tenant and dies the Tenant Atturns if this be a good Grant Quaere Gavel kind A Lord in Gavel kind hath two Sons the Tenant aliens in Mortmain the Lord dies the eldest Son enters into both parts the Seignory shall descend as the Tenancy But now the Land admitting a Licence had been obtained being aliened in Mortmain the Custom is extinct A. seised of Gavel kind Land is impleaded and vouches the Vouchee enters into Warranty the Tenant dies having two Sons if the Eldest alone shall sue Execution Quaere Habendum A Rent is granted to two Habendum to the one until he be married and to the other until he is advanced to ten pounds per annum Quaere if they be Tenants in Common or Jointenants and when one performs the Condition if the other shall have all So if a Rent is granted to two Habendum to the one for his life and to the other for his life if they be Tenants in Common Vide Baron Fem. Harriot A Fem Lessee for life by the Custome of a Mannor marries by license the Husband dies the Lord shall not have a Harriot for there is no change of his Tenant So if Land be let to Husband and Wife for their lives and the Husband dies the Lord shall not have Harriot for the same reason If a Fem lessee for life marries and she dies the Lord shall not have a Harriot for she had no Chattles And the Custome may be reasonable if in such case the Husband dies where the Wife is seised that he shall pay a Harriot for if the Wife dies there is none due If the Tenant devises all his Goods yet the Lord shall have his Harriot for the devise takes effect after the death If a man hath two Horses at the time of his death one is a young one and the other worth forty shillings and the Lord doth not seise until two years after the death of the Tenant and the youngest becomes worth five pounds the Lord shall not have him for he had a property presently by the death of the Tenant in the other A Cow hath three Calves before the seisure of the Lord the Lord may seise them with the Cow Quaere Husband and Wife and the Son purchase to them and to the Heirs of the body of the Son begotten the Husband dies the Lord shall not have a Harriot 24 E. 3. Husband and Wife purchase land to them and to the Heirs of
to that Warranty So if the Father had given a Seignory to the Eldest Son in tail and died seised of Land in Borough English which descended to the youngest Son and after the Tenancy escheats the Eldest being impleaded vouches himself to save the Intail but if the Land of the youngest shall be lyable is the question Lessee for life the remainder to the right Heirs of A. who is dead having a Daughter his Wife enseint with a Son the Lessor warrants the Land in forma praedicta the Son is born the Daughter cannot vouch by reason of the Warranty for the Warranty is a thing executory which cannot be deraigned but by the right Heirs of A. For if a Feoffment be made to the Son with Warranty and he dies without Issue and the Land comes from the Unkle to the Father he cannot take advantage of this Warranty as Heir to his Son so if Possessio Fratris makes the Sister Heir she shall not vouch 35 H. 6. 34. Danby but he shall be voucht as Heir for the possession so shall the Father so shall the youngest Son in Borough English but shall not vouch Vide Fitzh Voucher 94. 35 H. 6. 33. If Land be given to two brothers in Fee with Warranty to the eldest the eldest dies having Issue and the youngest dies without Issue the Issue of the Eldest being his Heir and he enters he shall not take advantage of this Warranty by Voucher or Rebutter for the Warranty was void having regard to the Survivor because his Title hath relation before the Warranty If the Eldest Son is voucht as Heir to the Warranty and the youngest as Heir in Borough English and the Eldest voucheth over if the Eldest or the youngest shall have the Recompence in value It would be unreasonable that the eldest should have it for he lost nothing for by the law the tenant cannot sue Execution against the Vouchee untill the demandant hath sued execution against him and in this case execution was never sued against the Eldest for he hath no land and the youngest hath not the warranty by descent though he hath the land and so he cannot vouch and therefore it is hard he should be bard by it Wast LAnd is given to Baron Fem and to a third person the third person releaseth the Fem all his right and the Baron Fem makes a Lease of the whole for yeares and brings a writ of Wast against the Lessee The Lessee is not punishable in Wast if a house falls that was ruinous at the time of the demise and he may cut Trees to repair it so he may do if the Lessor covenants to repair it vid. 12. H. 8. 1. If a house with land is let upon which is a Wood without impeachment of wast for the house yet if the house becomes ruinous he may cut timber for the reparation and a Lessee may take timber for fier-boot if there be no other wood quod vid. 21. H. 6. 47. If a man makes a lease upon condition or that the Lessee is bound in an obligation not to do wast and that his estate shall cease If a Stranger commits Wast that is no forfeiture of the Lease for the condition extends only to the person of the Lessee vid. 3. H. 6. 17. But if a stranger commits Wast upon the Lessee for years or Guardian in Chivalry they shal render treble and shall lose the ward but Guardian in Socage shall not be punisht for wast of a stranger for the heir himself shall have an action If a Lease is made for life the Lessor dies having two Sons by divers venters the eldest grants to the Lessee that he shall be dispunisht of wast yet that shall not bind the youngest for he does not claim as heir to his brother but as an heir to his father who was last actually seised Fem tenant for life the remainder for years to I. S. who marries with the Fem and Commits wast quaere if the land be lost If tenant for life makes a lease for years and after enters upon the termor and commits wast and the Lessor recovers the Lessee shall lose his term A man shall not be punished for comming on the land to see if wast be committed The heir makes a Lease for years wast is committed the wife recovers in Dower the heir shall have an action of wast in the tenuit A man makes a lease for twenty yeares without impeachment of Wast and the Lessor confirmes for forty years the Lessee shall be dispunisht for twenty years A man makes a lease rendring rent on condition that if the rent be behind that the Lessor shall reenter and retain until he be satisfied the rent out of the profits the Lessor doth enter and a stranger commits wast and then the Lessor is satisfied of the rent if the wast be punishable If one doth devise his lands which he hath for years and dies the Executors commits wast and then agree to the devise an action of wast lies against them notwithstanding the relation So if Lessee for years grants his term upon condition and the grantee commits wast and the Lessee for years enter for the condition broken yet wast lies against the grantee Where a man hath election to take two estates his committing of wast will be a determination of his election If there be Lessee for life the remainder for life and the Lessor grants the reversion to him in remainder quaere if he shall have an action of wast If Tenant for life makes a lease for years and enters and commits wast the tenant for yeares leases his term wast by the assignee of an infant or fem Covert shall take away the special right of Infancy Coverture or condition but otherwise if it had it been made by themselves Warranty GRandfather Father and Son the Grandfather makes a lease of an Acre for life and dies the Father being tenant in taile discontinues it in Fee with warranty and dies the tenant for life dies the Son enters into the Acre after his death and brings a Formedon the warranty of the Father with this Assets seemes no barr The discontinuee of a tenant in tail makes a Feofment on condition and a warranty collateral is made to the Feoffee of the discontinuee the discontinuee enters for the condition broken the issue hath no remedy against him If a Collaterall Warranty descends within a year upon him that hath Title to enter for Mortmain he cannot enter after for if he himself had released he could not have entred and the Warranty will bind him as well as his Release but Quaere if a collaterall Warranty extends to a Title of Entry If a man devises Land with Warranty that is void because the Father himself was not bound A Warranty made to a Disseisor is not destroyed by the Release of the Disseisee A Collateral Warranty shall not bar Execution of a Recovery in value for it is but a Title to which a
Apporcionment 11 Arrerages 16 Assent ibid. Assetts 17 Assignee 18 Attainder 19 Atturnment 24 Avoid 29 Avowry 31 Authority 33 B BArr 34 Bargain and Sale ibid. Baron Fem. 35 Bastard 44 Bona Felonum c. 51 Borough English ibid. C CHarge 52 Claim 57 Capacity 59 Cessavit ibid. Cessante causa c. 60 Common vide Apporcionment Condition 61 Confirmation 72 Continuall Claim 78 Covenant vide Vse D DAmages 80 Daughter ib. Deed 82 Debt 84 Devastavit vide Executor Devise 86 Disablement 89 Disagreement 90 Discharge 91 Dissent 94 Discontinuance 97 Disceisor 100 Divorce 102 Dower 104 E ELection 112 Emblements 116 Entry 117 Escheat 119 Estate 120 Estoppple 121 Estovers 122 Exchange 123 Execution 124 Executors 126 Extinguishment 131 F FEoffment 132 Fem Covert 134 Fem Sole 135 Fine ibid. Forfeiture 136 Frankmarriage 138 G GRant 139 Gavel kind 141 H HAbendum 142 Harriot ibid. Heir 144 I INcertainty 148 Infant 149 Joinder in Action 152 Jointenants 156 Judgement 161 L LEease 161 Limitation 166 Liveryy Seisin 169 M Market overt 171 N Nusance 172 O OBligation 172 Occupant 173 Outlawry 174 P PArceners Partition 175 Particeps Criminis 182 Payment 184 Place ibid. Pleas ibid. Possession 185 Possessio Fratris 186 Q Quare Impedit 188 R REcognizance vide Statute Record 189 Relation ibid. Release 190 Remainder 217 Remitter 220 Rent 227 Reservation 25 Reversion 253 Reviver 257 S SEisin 260 Severance of the Jointure ibid. Statutes ibid. Surrender 263 T TAil 264 Tenants in Common 269 Tenant by the Curtesie 272 Tenures 274 Testament 281 V VIllain 281 Voucher 285 W WAst 292 Warranty 295 Absence IF one in the absence of I. S. disseiseth another to his use or in his absence surrenders to his Steward or gives goods to him in his absence his subsequent agreement will make all good But a disagreement cannot be in his absence Acceptance TEnant in tail grants a Rent-charge in Fee and then makes a Lease for forty years rendring a Rent and dies The Issue after his death accepts the Rent the Grantee shall have the Rent during the Lease and also during the life of the Issue though the Lessee surrenders Q. for the Reversion is discharged A. makes a Lease for life rendring a Rent with a clause of re-entry after he has title of entry he accepts the Rent now he cannot enter for the condition broken for when he accepted the Rent he did not receive it as a debt for an Action of Debt would not lie in that case but as a Rent And it cannot be a Rent unless the Lease continues So if a Woman Issue in tail or an Infant accept a Rent reserved by the Husbund c. But in the principal case if the Lease had been for years there the Rent is said to be a Debt during the Lease as well as after A Fem sole being Lessee for life takes Husband then they make a Lease to I. for his life rendring a Rent the Husband dies the Wife accepts the Rent in Pais the Lessor may enter and she is barr'd of her Cui in vita for by her acceptance she hath agreed to the forfeiture If the Issue in tail accepts the Rent with a Proviso that it shall not be prejudicial to his entry to avoid the Lease yet he shall never defeat the Lease The Husband and Wife make a Lease for life reserving a Rent the Husband dies the Wife accepts the Rent from the Lessee she shall not avoid the Remainder for they are both but one Estate and an Agreement cannot be to parcel of an estate So if a Lease be made to two by Husband and Wife for their lives rendering a Rent during the life of one of them If the Wife after the death of her Husband accepts the rent she shall not oust the Survivor The Husband and Wife being tenants in tail the Husband makes a Lease for years reserving a Rent and dies the Wife dies also Quaere if the acceptance of the Rent by the Issue will make the Lease good A man makes a Feofment upon condition the Feoffee makes a Lease for life and grants the reversion to the Feoffor If he hath cause to have a Writ of Right or other real action he cannot have it against the Lessee for life for the Reversion is in him by his own acceptance A gift in tail is made to the Donee and the Heirs males of his Body and for want of such Issue the remainder to him and the Heirs females of his body the Donee makes a Lease for years reserving a rent and dies without Issue male If the Heir female accepts the rent she shall be bound for the Lease issued out of both the estates But if the Heir male had made the Lease the Heir female cannot make it good by acceptance If Tenant in tail dies his Heir within age and the Guardian avoids it during the minority yet the Heir at his full age by his acceptance may affirm it So if the Wife of Tenant in tail avoids a Lease by a Recovery in Dower yet after her death if the Issue accepts the Rent he hath made good the Lease Administrator After the death of the Intestate A gets the goods and gives them to B and after Letters of Administration are granted to A he shall not take the Goods out of the possession of B for the Law saies by the first taking the Goods he had them to the use of the Intestate for he shall be charged as Executor de son tort And he is to have the Goods in the same capacity But it is otherwise if A takes the goods of B tortiously and gives them to C and then B makes A his Executor But in the principal case if A releaseth to a Debtor of the Intestate after administration committed to him he may have an Action for of a chose in action a man cannot gain a possession If a Lease is made to begin at Easter and before Easter A grants it over and before Easter the Lessee dies and A takes administration to the Lessee and grants it over to another the second Grantee shall enjoy it If a Rent charge is granted for years and A compels the Tenant to pay it to him and then he grants it over and takes Letters of Administration to the first Grantee he shall avoid his own Grant for the possession which he had usurped shall not be esteemed the possession of the same term but it shall be said a voluntary payment of the Tenant for none can be said to have the Rent but he that had right to it Advantage THree joint-tenants one gives his part to his Daughter in Frank-marriage to one of his Companions and makes Livery This is a good Frank-marriage for though one Joynt-tenant cannot enfeoffe another yet his Companion and a stranger he may because 't is for the Advantage of a third person and the Livery being made to the third person shall vest the estate in both 7
H. 6. 3. 21 H. 7. 41. But others think the contrary for the Husband cannot take it immediately from his Companion therefore for him it is void and good for the Wife As if a Feofment be made to a stranger and the Wife of the Feoffor The Husband is bound in a Statute and after he and his Wife levy a Fine of the Wife's Land to A the Husband dies The Statute shall not be extended during the Wife's life for nothing passed from the Husband but the estate which he had in right of his Wife And A shall have the same Advantage which the Heir of the Wife should have had Tenant in tail enfeoffs one Daughter within age and dies she is remitted but the other Daughter shall not take Advantage of it Agreement IF I disseise one to the use of my self and A who after Agrees to the disseisin we are joint-tenants 21 Ass 49. If one sister in tail enters upon the Discontinuee of her Father claiming to her and her sister and the Discontinuee ousts her and she recovers in an Assise the other sister shall have the moyty by her Agreement But if I disseise one to the use of A. after twenty pounds received by me of the profits or to the use of my self for life and after to his use in fee there he shall have nothing by his Agreement for I cannot apportion the wrong If I disseise my Tenant for life to the use of A he shall have but a Free-hold by his Agreement If the Issue in tail within age by covin commands A to disseise the Discontinuee of his Father A disseises him to the use of B for life and after to the use of his own right Heirs B agrees A dies B dies the Heir of A enters and enfeoffs the Issue he is remitted because of his minority An Agreement cannot be to parcel of an Estate Aid IF Coparceners make partition and one has the Seignority and a Tenancy escheats and she is impleaded of that she shall not have Aid of the other Coparcener for Aid cannot be granted but of Land descended If one Acre is given to the eldest Daughter in Frank-marriage and another in fee descends to the youngest if she shall have Aid is the question Alien IF a Reversion be granted to an Alien and after he is made a Denizen and then the Tenant atturns he shall not take to his own use A Lease for years is made to an Alien upon condition to have Fee he is indenized and hath License to purchase and then performs the Condition The King shall not have the Fee for it hath not a Relation as to the devesting of the Fee further than the performance although that for Charges and Incumbrances it hath a larger Relation If an Alien Disseisor be made a Denizen the King shall not have the Land if the Disseisee doth after release unto him but if an Alien had been the Feoffee of a Disseisor it had altered the case for it is a new purchase in one case and but an extinguishment of a right in the other and it seems that the Issue of such an Alien born within the Realm shall be in ward for Land descended to him on the part of the Mother during the life of the Alien if he be not Heir apparent And a man born in England cannot make himself heir in special tail to a Baron Fem whereof one is an Alien neither shall he have an Appeal for the death of such a Father or Mother Alien If Land be devised to an Alien and he is made a Denizen and after the Devisor dies there he shall take by the Will for all takes effect by the death of the Divisor But in the case above if when the Office is found the Lease should be adjudged in the King from the beginning then it takes away the Condition and then he could not acquire a fee by his performance If a man seised in fee marries an Alien and makes a Feofment and she is made a Denizen and the Husband dies she shall not recover her Dower Annuity IF an Annuity be granted for the life of I and the Grantee releaseth all Actions of Annuity to the Grantor it seems he shall not have an Action of Debt for the arrerages after the release and after the death of I. for when they were due he had no remedy If a Rent charge is granted out of Land in Fee the Heir of the Grantee shall have his election to bring his Writ of Annuity and so shall the Executor of the Grantee if the Grant were for years And if the Wife brings Dower the Heir shall not say that he will take it as an Annuity for it must be determined by the bringing of his Action and if she be once endowed the Heir shall not have an Annuity of the other two parts for his Writ ought to be grounded upon the Deed and that for all or for none for there can be no apporcionment of an Annuity or personal thing Appendant IF an Advowson be Appendant to a Mannor and the Advowson is granted to one for life and then the Grantee is enfeoffed of the Mannor cum pertinentiis yet the Free-hold of the Advowson is not Appendant But if the Grantee had regranted it to the Grantor it had been Appendant But if A. makes a Lease of his Mannor for life saving the Advowson and after grants the reversion of the Mannor una cum Advocatione the Advowson shall never be Appendant to the Mannor again Husband and Wife make a Feoffment of the Mannor of the Wife to which an Advowson is Appendant the Feoffee makes a Feofment of one Acre with the Advowson the Husband dies the Wife recontinues the Mannor she shall present without any recontinuance of the Acre for it was not appendant to the Acre for if a man makes a Feofment of an Acre parcel of a Mannor cum pentinentiis nothing of the Advowson which is appendant to the Mannor passes If one hath a Mannor and makes a Lease for life of all the Mannor except one Acre now the Fee of the Acre is divided from the Mannor during the Lease for life but after the determination of the Lease it shall be appendant again Apporcionment TWo Joint-tenants by Twelve-pence the one grants what belongs to him upon condition the Lord grants the services of one and Atturnment is had the Condition is broken the Grantor enters he shall hold by Twelve-pence also for by the Grant no Apporcionment is made and then by the Grant Twelve-pence passed and Twelve-pence remain If tenant for years enfeoffs the Lord of one Acre the Seignory shall be Apporcioned A Rent is granted in Fee out of Land in Borough-English and at Common Law the Grantee dies leaving two Sons the eldest shall have all for the rent being entire cannot be Apporcioned and the eldest being Heir shall have all If a Rent charge be granted in Fee and the Grantee dies and his Wife recovers
name of both the Dean takes nothing for they take in several Capacities and in common and not jointly But if the Discontinuee enfeoffs the Issue in tail within age and another and makes Livery to the Infant in the name of both though the Infant be remitted for a moity yet the other moity vests in the other and they are Tenants in common for their Capacities are not several but they take severally by the operation of the Law Cessavit IF the Tenant ceases for twenty years a Cessavit cannot be maintained but for the two last years before the Writ And therefore if the Tenant ceases for two years and marries and the Lord recovers in a Cessavit and the Tenant dies the Wife shall be endowed against the Lord for the Cessavit cannot be maintained for the Cesser before the coverture and so the Title of Action shall not have Relation c. but is grounded upon the Cesser two yeares before the Writ purchased and part of it was during the Coverture and then the Cesser of the Husband during the Coverture shall not prejudice the Wife of her Dower But Quaere if the case be not falsly put for it should rather have been that the Baron ceases one year before the Coverture and another year after and then the Cessavit is brought Cessante Causa c. THe Seignoress seises the Body and Land of the Tenant and after marries the Villain ingross of the heir and they commit wast the Heir brings an Action of Wast 't is cleer that his body is out of Ward and being that the Land is in Ward because an Infant cannot perform Knight Service and so the cause is executory and in consideration that the Signory remains and now the Signory during the Coverture by the intermarriage with the Villain is determined in the Tenancy and so the Freehold and Inheritance of the Seignory is merged in the Tenancy by Act in Law notwithstanding that the possession of the Seignory is suspended by reason of the chattle in the Tenancy viz. the Wardship of the Land because that the Husband shall be Tenant by the Curtesy and may be granted over notwithstanding the suspension by reason of the Chattle in the Tenancy by the same reason it shall be a Release in Law to the Lord of the Villein by Act in Law and therefore the land shal be out of Ward for Cessante c. If the Lord of a Villain gives Land in ancient Demesne to the Villain and afterward the Lord reverses the Fine by disceit the Manumission is gone for the conveyance by the Fine which was the cause of the Manumission being vacated the Effect falls to the ground Common v. Apporcionment Condition A. Having two Sons makes a Gift in tail to the Eldest the Remainder in fee to the Youngest on condition that the Eldest shall not make a Feoffment with warranty to the intent to bar him in Remainder and if he does that then the yongest and his Heirs shall enter the Eldest makes a Feoffment with Warranty the Father dies and the Eldest dies without Issue the yongest may enter for the entry given to the youngest is void and then the Heirs of the Feoffor are to enter then the Father having cause to enter and he being dead the Condition is in suspence in the Eldest and revived by his death v. 41. E. 3. 21. and given to the youngest for the Condition was not extinguished by the Feoffment and the Warranty does not bind Titles of Entry But if the Feofment had been after the death of the Father then the Condition had been extinct If I am Lessee for the life of C. and grant my estate to D. upon Condition that if D. dies living C. that it shall be lawful for me to re-enter Quaere if this Condition be sufficient for me to enter upon an Occupant The Mesne grants the Mesnalty upon Condition that if the Grantee pays c by such a day that then he shall have Fee before the day the Grantor to whom the money was to be paid is attainted yet the Grantee may perform the Condition and enjoy the Fee A Lease for life is made upon Condition that if the Lessor grants the Reversion the Lessee shall have it in Fee The Lessor grants the Reversion by Fine to one for life the Grantee shall have it for life and the Lessee shall have it after the death of the Grantee and not before But if the Condition had been that if the Lessee pays twenty pounds c. there he shall devest the possession out of the Grantee Note the diversity If the Husband having a Lease for twenty yeares in right of his Wife grants two years upon Condition that the Grantee shall not grant over his term and if he does that he his Executors and Assigns may re-enter the Husband dies the Lessee grants over his term the Executors of the Husband cannot enter for it is a Condition annext to the Reversion and if they do enter they defeat the Wives Reversion The Eldest Son cannot enter where the Reversion descends to the youngest Son by Borough English or speciall tail Nor the Heir on the part of the Father where the Land goes to the Heir on the part of the Mother nor the Executor of one Jointenant where the Testator made a Lease upon such a Condition and died for then he should devest the Reversion out of the other which cannot be And in the principall case the Wife cannot enter for she is not privy to the Condition neither doth she claim under the Estate of the Husband As if one Jointenant grants his part for yeares upon such a Condition the Survivor cannot take advantage of it But if the Husband had granted over all the years upon such a Condition or the Father had made Feofment of the Land in Borough English he should enter for he claims by the Father Some think the Condition is extinct as if a man makes a Lease for years upon Condition ut supra and dies having a Son and a Daughter by one Venter and a Son by another the Eldest takes the Rent and dies now the Sister shall have the Reversion and the Condition is gone for she is not Heir And a Rent is incident to a Reversion and passes by the Grant of it but so doth not a Condition A Feoffment is made upon Condition to re-infeoffe the Feoffee charges the Land the Grantee brings a Writ of Annuity and Recovers the Feoffor enters 44 E. 3. 9. If A. be bound to pay ten pound to B. and he releases ten pound which he ought him yet this is no performance for there ought to be a payment in Fact And therefore if one be bound to Release a Rent Charge which he hath out of the Mannor of D. and he purchases an Acre now the Rent is extinct and yet the Condition is not performed But If I am bound to enfranchise my Villaine and I bring an Action against him
the delivery of the Deed before Livery be made If the Mannor of D. be given by Deed with all the Woods and within the Deed there is a Letter of Atturny to make Livery if Livery be not made yet his Executors shall have the Wood. But if Livery be made then the Wood shall go along with the Land If A. requires another or gives him authority without Deed to write seal and deliver a Grant of a Rent Charge out of the Land of the Grantor in the name of the Grantor which is done the Grant is good for if I make a Grant and command one to deliver it it will be good without Deed. So if I by Paroll deliver it him as an Escrowle to be delivered as my Deed upon Condition to be performed that is good But an Authority to make Livery must be by Deed. Neither shall a Woman aver the Assent of the Father for Dower Ex Assensu patris without Deed. Neither can the Lessor Authorize the Lessee to commit Wast without Deed. If an Infant delivers a Deed which bares date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date no more than a Fem covert otherwise every Infant may be deluded Debt LEssee for forty years makes a Lease for ten years rendring a Rent the first Lessee surrenders the Lessor brings Debt against the second Lessee Quaere A man shall not have Debt for Releif or Escuage granted unto him for it is mixt in the Realty but his Executors shall but he must distrein So the Lord shall not have an Action of Debt for Ayd pur file marier or pur fair fits Chivalier But if he dies before it be levied the Tenant shall be discharged of it An Action of Debt shall not be brought against the Heir and his Brother in Borough English where the Eldest hath nothing by descent as it shall be against the Heirs in Gavel kind for there he may have a joint judgement against all and not against the Eldest in the other case for he hath nothing upon which it may be levied Quod nota An Action of Debt brought by Executors shall be in the Detinet only although it be for Arrears of Rent incurred after the death of the Testator So it shall be against a man acccomptable to the Testator A Seignory is granted for years the Rent is Arrear and the Tenant dies the years expire if the Grantee shall have an an Action of Debt against the Heir because it was due in the time of his Father and also some was due in his own time or if he shall have an Action of Debt against the Executors for that which was due in the Testators life time or is without Remedy Some say that the Heir shall not be charged in Debt if the Father die not oblige himself and his Heirs expressely and the Executors shall not be charged for they were not chargeable by the death of the Testator for at that time the Grantee could not have an Action of Debt but his remedy was by distresse for then the years were not expired and so no remedy 9 H. 7. 17. a. Co. 4. 49. An Annuity is granted for the life of A. the Grantee releases all Actions of Annuity he shall not have an Action of Debt for the Arrerages although that A. dies afterwards Devastavit vide Executor Devise A Woman hath Issue a Son and by another Husband hath Issue another Son the second Husband devises Land to the Wife for life the Remainder to the next of the blood of the Wife The youngest Son shall take in Remainder although it be true that one is not nearer of blood to the Mother than the other and the Eldest is of the most worthy blood yet he is not neerest and so it is uncertain who should take according to the letter of the Wlll yet the Intent which is always to be considered in Wills shall be construed in Favour of the youngest because he was Issue of the Devisor Pasc 5. Eliz. A great Case was argued in the Exchequer There were three Brothers the second brother purchased Land and devised it to his Son in tail and if he died without Issue that then it should remain to the next of the Kindred of the Lineage of the Father the Eldest Son was then dead having a Son it was adjudged that the Son of the Eldest should have the Land for he is next of the Lineage For Lineage shall be taken in a Lineall descent which is the most worthy Line Dy. 333. pl. 29. A Devise to the next of Blood the Son of the Eldest Brother shall have it before the younger Brother If Land be devised upon Condition or rendring a Rent that is void for it cannot be good in either case except the Reservor might take advantage of it and the Heir cannot have that which his Ancestor could not And if a man devise Land with Warranty that is void because the Father was not bound But to some there seems a Diversity for in the last case there is a Charge to the Heir and in the first it is for his advantage If the Lord devises Land to his Villein this is an Infranchisment against the Heir and yet he was the Villein of the Heir when the Devise took Effect A man having three Daughters devises to them a hundred pound a piece for their marriage Portions and if any of them die before their Marriage then the other should have her Portion by Survivor one dies in the life of the Father the other shall have three hundred pound after the death of the Father and yet nothing survived for she had nothing in possession yet they shall take it by the intent of the Devisor for when he says that if any of them die before their Marriage that the other shall have her Portion this makes it in nature of a Remainder and then though the first Devisee does die in the life of the Testator yet he in Remainder shall take the Estate per Manwood Dy. 127. p. 59. As a Devise to a Monk the Remainder to another the Remainder is good A. Devises Land upon Condition and if the Condition be broke that his Executors shall sell the Land the Devise as to the Executors is void for the Heir must enter for the Condition broken and then he shall hold it discharged of all Conditions A. Devises twenty pound to B. when he arrives at the age of six and twenty years and if he dies before he Devises it to C. B. releases to the Executors of A. before he attains his age of six and twenty years if it shall be a Bar Quaere If A. Devises twenty pound yearly for twenty years the Devisee hath no Remedy for his not Issuing out of any Land for he cannot take it as a Legacy and an Annuity does not lie against Executors for the Testator was never charged A Jointure
cannot be made by Devise for Land was not then Devisable and the Wife was discovert when the Devise took effect If Land be Devised to an Alien and he is made a Denizen before the Devisor dies he shall take by the Devise for all takes effect after the death of the Devisor Disablement IF I grant an Annuity upon Condition that the Grantee shall promote me to a Benefice within seven years within which time I marry and my Wife dies within the Term yet the Grantee is discharged for I had once Disabled my self to accept of the Benefice and he had the Liberty to have tendered it at that time and I being then Disabled to receive it it countervails a Tender and Refusall So if I am bound to marry a woman by such a day and she marries another and the Husband dies before the day yet I am discharged of my Obligation But if he who was to be promoted or married had been a Stranger to the Obligations it had been otherwise If I am bound to enfeoffe the Obligee before a day and before the day he takes a Lease for yeares of the same Land which expire before the day yet I am discharged but it had bin otherwise if there had been no day limited for there it is not to be done before request A Feoffment is made to Re-infeoffe the Feoffee grants a Rent Charge the Grantee brings a Writ of Annuity and recovers if this be a Disablement to Re-infeoffe Quaere Disagreement A Lease is made to Baron Fem for the life of the Baron the Remainder to the Right Heirs of the Husband the Husband dies the Wife cannot Disagree for the Estate is determined But if the Estate had been made to them by a Disseisor she might disagree to save herself from Damages If Land be given to Baron Fem in Fee and the Baron makes a Feoffment and an Ancestor collaterall of the Wife Releases with Warranty and dies the Husband dies the Wife cannot disagree and claim her Dower for her Estate was bound and her Right determined by the Warranty If the Husband be remitted to an Estate the Wife may disagree and claim her Dower An Atturnment is good although he that Atturned doth after disagree Vide Dower Baron Fem. Discharge IF the Disseisee enters upon the Heir of the Disseisor end grants a Rent Charge and dies the Issue shall hold it discharged for he is remitted to his ancient Right So if the Heir of the Disseisee enters upon the Disseisor and grants a Rent Charge and the Disseisee dies But if the Son disseises the Father and A. and the Father dies he shall hold it charged for he is not remitted If the Father disseiseth the Grandfather and grants a Rent Charge and dies the Son shall hold it discharged for he claims from the Grandfather Lord Mesne and Tenant the Tenant aliens in Mortmain the Lord enters and grants a Rent Charge and after his Title is come viz. the year is past and the Mesne hath not entred the Lord shall hold it discharged and his Issue also for he shall not be remitted for a Title as he shall be for a Right accrued If the Father disseises the Grandfather and dies and the Son enters and grants a Rent Charge and the Grandfather dies he shall hold it discharged although he was of full age at the time of the Grant As if Tenant in tail infeoffes his Issue within Age who grants a Rent Charge at full age and then the Tenant in tail dies the Issue shall hold it discharged If the Disseisor grants a Rent Charge to the Disseisee who grants it over and after enters he shall hold it discharged So if Tenant Pur auter vye grants a Rent Charge and the Reversion descends upon him and cesty que vye dies he shall hold it discharged If a Stranger disseises the Father and grants a Rent Charge and infeoffes the Son and the Father dies he shall hold it discharged Land is given to A. and B. for their lives the Remainder to the Right Heirs of him who survives B. grants a Rent Charge in Fee A. dies if the Heir of B. shall hold it discharged Quaere If it had been given to them Quam diu simul vixerint and to the Heirs of him who first dies the Heir shall not take the Land by descent but by purchase A. having a Wife makes a Feoffment upon Condition and dies the Wife is endowed by the Feoffee and then grants her Estate to the Feoffee reserving a Rent by Indenture the Heir enters for the Condition broken he shall hold it discharged of the Rent Note her Title to the Land was Paramount to the Condition but Puisne to the Rent If a Dean hath a Rent Charge in Fee and the Tenant aliens the Land to the Dean in Fee the Lord enters for the Alienation in Mortmaine he shall hold it discharged of the Rent for when he entred for the Alienation in Mortmain he did not avoid the Livery but affirm'd it by his Entry So if the Dean before the Entry had entred into a Statute the Lord should have holden it discharged of the Execution But if Tenant for life aliens in Fee to him that hath a Rent Charge issuing out of the Land and the Lessor enters for the forfeiture he shall not hold it discharged for the Lessor hath the same Feesimple he had before the making the Lease and has his own Estate and not the Estate which the Lessee gave to the Feoffee Many think the contrary in the first case for his Estate in the Land was always defeasable Vide Charge Rent Execution Discent A Disseisor infeoffes his Wives Father who dies so that the Land descends upon the Wife if the Disseisee may enter Quaere The Husband surrenders the Freehold of his Wife to him in Reversion who dies seised if the Wife may enter after the death of her Husband for there seems to be a discent If a Gift in tail or Lease for life be made rendring a Rent with a Re-entry for default of payment the Lessor hath cause of Entry and the Estate in tail expire or Lessee for life dies after a Disseisin or Descent yet the Lessor c. may enter for the Land was recontinuable at all times And if Tenant for years with a Condition be outed after the term and a Discent cast the Lessor shall enter for the Condition broken Lessee for years the Remainder in tail he in Remainder grants in Fee the Lessee atturns the years expire the Grantee enters and dies seised Tenant in tail dies the Issue may enter for the Grant was but for the life of Tenant in tail and then he died not seised in Fee and if the dying seised had been after the death of Tenant in tail If it will take away the Entry Quaere But if the Issue of the Issue of the Grantee had entred and died seised the Entry had been taken away If Tenant in tail
disseise the Tenant and then the Disseisor Ceaseth and the Lord Recovers he shall retain against the Disseisee for the procurement does not make him a Disseisor 50 E. 3. 2. v. Lit. in Remit cont If the Issue in tail procure one to Disseise the Disseisor of his Father whose Heir is in by descent against whom the Heir recovers the Issue shall retain it If the Disseisor makes a Feoffment and marries with the Disseisee he may enter in his Wives Right After a Dissent if the possession comes to the Disseisor the Disseisee may enter for the Action remains to him after the descent If one Disseises Tenant for life to the use of him in Reversion and he agrees if he shall have the new Fee or the ancient for now he is a Disseisor ab initio If he had been a Disseisor immediately he had gained but a Freehold by Tort but now he Agrees to that which another hath and that is a Fee If one Jointenant makes a Lease for years of his part a Stranger enters claiming the Moity of the other who waives the possession that is a Disseisin to him though the Termer continues in possession for they were Tenants in Common Otherwise if the Termor had waived the possession and the other had continued in for the Reversioner cannot be out of possession when his joint companion held in Divorce A Reversion is granted to Baron Fem and to a single man and Woman in Fee the single persons marry and the Tenant Atturns then the single man and woman are divorced the Baron Fem shall have but a third part Land is given to I. and A. his Wife and to another Baron Fem in Fee they are disseised and I. releases to the Disseisor and then I. and A. are divorced for cause which hath relation A. and the Baron Fem bring an Assise leaving out I. Some think it is maintainable for when I. and A. are divorced yet the other Baron Fem shall hold the Moity to them for being the purchase took effect and vested by the Livery and at that time the Baron Fem not being divorced took a Moity which remains still A Lease for life is made to a Fem sole she marries the Lessor grants the Reversion the Husband atturns and after they are divorced yet the Wife cannot avoid the Atturnment A woman is divorced upon a surmise made by the Husband of a Precontract upon her part the Wife being seised of Land makes her Will and devises it away an Appeal then depending by the Husband to defeat the Divorce Quaere if the Appeal be not void being sued by the Baron for he is not the party grieved for he was the first Agent in the Divorce and therefore it ought to have ben sued by the Wife and so the Devise stands good 2 R. 2. Quare Impedit 143. Dy. 140. p. 46. 4 H. 7. Peckams case 10 H. 7. 12. 24 H. 8. Ravishment 11. 39. E. 3. 33. A man marries an Infidel the Wife commits Adultery and then becomes a Proselite to the Christian Religion Quaere if this Adultery committed before her Conversion be a sufficient cause whereupon the Husband may sue a Divorce Dower LAnd is given to Husband and Wife in speciall tail reserving a Rent the Wife of the Donor brings Dower against the Heir of the Husband for the third part of the Rent A. having a Daughter dies his Wife enseint with a Son the Daughter disclaims the Lord Recovers in right of the Disclaimer a Son is born the Lord dies and the Land descends to his Son the Wife of the Lord brings Dower against him A. grants a Rent Charge in Fee to commence after the death of the Grantee who dies the Wife of the Grantee shall not be endowed and yet the Son takes as Heir But it was not in the Father and it shall not be Assetts in the Heir But if the Rent had been granted upon Condition that if the Grantee or his Heirs die their Issue within age that the Rent should cease until the Issue comes of full age if the Grantee dies his Issue within age his Wife shall be endowed but the Execution shall cease until the heir be of full age As if the Tenant be in Ward to the Lord and the Lord marries and dies possest of the Ward his Wife shall be endowed of the Seignory which was in suspence for the Freehold was in the Husband so in the last case before 24 E. 3. the Wife of the Father brought a Writ of Dower against the Heir within age and Recovered but cessat Executio until c. If the Heir doth Improve the Land the Wife shall recover her Dower of it as it is But if it be by building or other collaterall Improvement 't is otherwise Quaere if the Heir suffers the Houses to decay upon the Land if the Wife shall be endowed according to the value it was in the possession of her Husband or as it is now and shall be allow'd in Damages The Son of the Disseisor endows his Wife Ex assensu patris the Disseisee releaseth to the Disseisor if the Dower shall be avoided The Tenant Ceases for two years and after marries the Lord Recovers in a Cessavit the Tenant dies his wife shall be endowed against the Lord. If a Rent be reserved upon a Lease for life the Wife shall not have dower for he hath not a Fee neither shall the Heir have an Assize of Mortdancestor If a Disseisor grants a Rent Charge and is disseised and a Release is made to the second Disseisor the Wife shall not be endowed for her Dower is Executory If a Woman hath cause to have Dower of one and the same Acre as Wife to A. and B. If she be barr'd as Wife to A. yet she shall have it as Wife to B. If a Lease be made to Baron Fem for the life of the Husband the Remainder to the Heirs of the Husband who dies the wife shall not have Dower for she cannot disagree to an Estate determined If Land be given to Baron Fem in Fee the Husband makes a Feoffment an Ancestor collateral of the Wife releases with Warranty and dies the Husband dies the Wife cannot disagree and claim her Dower where the Estate was bound and her Right determined by the Warranty If a Villaine purchase an Estate in tail the Lord enters and dies his Wife shall not have Dower for being the Law gave unto him his Entry the Law will not give more to him than the Villein might lawfully give which was an Estate for his own life If Tenant in tail the Reversion in the King be disseised the Disseisor dies his Wife shall not recover her Dower no more than if a Discontinuance takes away an Entry If there be two Tenants in Common and one hath a Wife and the Reversion is granted to both of them and he which hath the Wife dies the Wife shall be endowed of a third
the Husband who dies the Lord shall not have a Harriot Heir A Rent is granted to commence after the death of the Grantee the Heir shall take it by Descent A. makes a Feoffment upon Condition and if it be broke that it shall be lawfull for him to reenter during his life he shall enter by expresse Reservation and after his death his Heir shall enter by the provision of the Law If an Encroachment of Services be made upon the Husband if the Wife be endowed she shall not be contributory but the Heir cannot avoid it A Seignory is granted for years the Rent being behind the Tenant dies the years expire if the Grantee shall have Debt against the Heir of the Tenant for the Rent due before and after the death of the Tenant Some say the Heir shall not be charged unless the Tenant had bound himself and his Heirs by express words and it shall not be esteemed the proper debt of the Heir If A. hath a Daughter who hath a Son a Remainder is limited to the right Heirs females of the body of A. the Son shall take the Remainder for he is a purchaser but he shall not have the land by descent which was given to A. and the Heirs females of his body 20 H. 6. 43. p. Newton Lessee for life the remainder to the right Heirs of A. who hath a Son who dies without issue the land shall descend to the Heirs on the part of the Father for the Son takes by purchase and as Heir to A. so that the Heir of A. must take it If land be given to a man and to his Heirs on the part of his Mother begotten and his Mother is dead and he dies without issue the Heir on the part of his Father shall take Quaere If a man makes a Gift in tail of Land on the part of his Mother reserving a Rent and dies without Issue the Heir on the part of the Mother shall have the Rent as incident to the Reversion If a man binds himself and his Heirs in twenty pounds and dies and his Executors have ten pounds onely an Action of Debt lies against the Heir for all for if the Creditor makes choice of the Executor he cannot have any remedy against the Heir for the rest If the Obligor makes the Obligee his Executor and leaves ten pound and the Debt was twenty he may detain that and bring an Action of Debt against the Heir for the rest for it is a apporcioned by the Act in Law If Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not have the Land If Land be given to one and the Heirs males of his body and to the Heirs females of his body if he hath Issue male and female they shall take by Moities by descent severally If a Woman hath three Sons by severall Husbands and Land is given to her and to the Heirs of her body by the first and second Husband begotten the two Sons shall take severally by Moities and yet the Mother had an Estate A. having two Daughters one is attainted of Felony a Remainder is limited to the Heirs of A. the other shall take nothing If a Remainder be limited to the Heirs of B. who hath a Son who is attainted the Remainder is void and the Fee rests in Lessor Land is given to A. for life the Remainder to B. for life the Remainder to the Heirs of A. who dies B. enters and dies a Stranger abates the Heir of A. shall have a Writ of Right upon the possession of A. and if Land be given to C. and D. and to the Heirs of C. who dies and a Recovery is had against D. and he dies the Heir of C. shall have a Writ of Right of all the Land A. binds himself and his Heirs in twenty pounds and dies the Executors have Assetts the Obligee releaseth to the Heir all Actions of Debt the Executors pay the Assetts to other Creditors The Obligee may have an Action of Debt against the Heir for at the time of the Release he was not intitled to have an Action against him but if the Executors or the Heir had no Assetts at the time of the Release and after the Heir recovers Assetts the Release will bar him If A. makes a Feoffment of Land which he hath on the part of his Mother to the use of himself and his Heirs it shall be to the use of the Heirs on the part of his Father if he dies without Issue A Fem sole hath a Rent Seck and marries the Tenant of the Land grants to the Husband and his Heirs to distrain for the Rent the Husband and Wife die without Issue the distress is extinct for the Heirs of the Husband are onely privy to distrain A Condition does descend upon the Heir at Common Law Incertainty IF one infeoffs another of twenty Acres viz. of one to the use of A. and does not shew of which Acre A. takes nothing by the Feoffment for the possession cannot be executed for it was not certain which are passed to A. and A. cannot have Election for he is not privy If a Reversion be granted to one and after to another and the Tenant atturns to both neither of them shall take for the incertainty If Land be given to a Man and a Woman upon Condition that which of them first marries shall have in Fee and they intermarry neither of them shall have Fee If the Reversion be granted of black Acre or of white Acre if Atturnment be good Quaere for the incertainty A. gives two Acres to B. Habend the one for life the other in Fee without Deed rendring a Robe or a Rent and doth not shew which he shall have for life A. lets two Acres rendring a Rent on Condition to be performed by the Lessee that he shall have Fee in one Acre not shewing which and makes Livery of both Quaere Infant IF an Infant infeoffs two and at his full age releaseth to one it inures to both If an Infant be forejudged he is bound for ever but if he makes a Feoffment of a Mannor and the Feoffee is forejudged yet the Infant may enter into the Mannor and distrain for the Mesnalty the reason is because in the first case he was party to the Record and in the last case the Forejudger was against the Feoffee who had a defeasible Title A Recovery in Wast against an Infant will bind him but so it will not against his Grantee for he had a Title to defeat his Estate so in a Cessavit Conditions and Forfeitures that will bind a Fem Covert will bind an Infant If an Infant makes Livery within view he shall not have an Assize if the Feoffee enters for it is more than a Livery in Law If an Infant Disseisor makes a Feoffment and a Dissent is cast and the Disseisee releaseth to the Heir yet the
and in the mean time the Lessee shall have the Rent reserved upon the first Lease for a Lease for years is nothing but a Contract If a Lease be made for ten years to commence at Michaelmas and after he makes a Lease for twenty years to commence at Easter the second Lease is good for ten yeares though the first Lessee surrenders before for it was void for ten years at the first by the same reason if one makes a Lease for life and after makes a Lease for years to commence presently the second Lease is void although the first Lessee dies within a year after If Lessee pur auter vye makes a Lease for twenty years by Indenture and after purchaseth the Reversion in Fee and Cesty que vye dies the Lessor may enter upon the Lessee although the years continue for he hath a new Estate and may confesse the Conclusion and avoid it But if A. lets Lands in which he hath nothing and after purchaseth the Land the Lessee may Estop him although he had not any Estate at the time of the Lease so he cannot confesse the Lease and avoid it as he may in the other case for in this case the Lease took effect by way of Estopple but in the other case there was an Interest conveyed at first If the Patron grants the next avoidance and after he the Ordinary and Incumbent make a Lease of the Rectory for twenty years the Incumbent of the first Grantee shall avoid the Lease but if he dies during the Lease the Lessee shall enjoy it during the rest of the years against the Successor And if Land be given to Husband and Wife and to the Heirs of the Husband he makes a Lease for years and dies after the death of the Wife the Lessee shall enjoy the Residue of the years against the Heir of the Husband for the Lease did once take effect But where a Lease for life is made and a Lease for years to begin presently that was void at the beginning against all persons and therefore can never take effect If the Donor disseiseth the Tenant in tail and makes a Lease for years and the Tenant in tail dies without Issue the Lessee shall have the Residue of the term against the Donor but if Tenant in tail makes a Lease for years and the Donor confirms and the Issue outs the Termor and dies without Issue the Lessee shall not enjoy his term for in the one case he claims from the Donor and in the other from the Donee If a Lease be made to A. for life and twenty years over he shall have the years although livery be not made of the Land If a lease be made for the lives of A. and B. and A. dies the lease shall continue for the life of B. But if two make a lease for sixty years if they two shall so long live if either of them die the Estate is determined for that was not a limitation but a Condition But if a lease be made during the time that A. and B. shall inhabit within London and one of them dwells in another place the lease is determined for it is a collaterall determination If I licence one to occupy my land until the Corn that is growing upon him is ripe that is a good lease Lessee for twenty years makes a lease for ten years and then makes a lease to the same lessee for ten years to commence after the determination of the first ten years the last ten years are not out of the first lessee and therefore the second lessee shall have the Rent which was reserved by the first lessor during the first ten years Quaere A. makes a lease for twenty years and then makes another lease for forty years to C. to commence after the expiration of the first lease and then he makes a lease to the first lessee for thirty years the lease of C. shall not begin presently for nothing extinguishes and avoids the lease but the taking the second lease And then the lease to C. is an impediment that the second lease cannot commence and therefore the first lease is not determined Tenant in tail marries and makes a lease for years the Wife endowed shall avoid the lease for her time but after her decease the lease will stand good against the Heir if the Heir accepts the Rent If Tenant in tail makes a lease for years and marries and dies without issue the Donor avoids the lease and the Wife recovers her Dower the Lessee shall enjoy it against her A. makes a lease for forty years Provided that if B. dies within the term that it shall be but for twenty A. dies at the end of four and twenty years the lessor brings an Action of Waste for waste done between the three and twenty and four and twenty years some think it is maintainable in the tenuit for the term continues untill the death of B. If a Rent had been granted for forty years with such a Proviso and he dies ut supra the Tenant of the Land may have an Action of Accompt for the Rent received after the twenty years for now upon the matter the Grant ended at twenty years If a Lease be made of Land to me during my life and the life of B. that is but an Estate for my own life for the greater drowns the lesser If a Lease be made to two for forty years if they shall so long live and one dies the Lease determins for it is a Condition and not a Limitation So if the Lease had been so long as A. and B. shall be Justices c. A. le ts during the life of Baron Fem the Lessee grants during the Coverture Limitation IF Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not take by this Limitation If Land be given Habendum to him and the Heirs males of his body and to him and the Heirs Females of his body if he shall take it as a Remainder Quaere But Litt. saith in the last case but one that the Warranty of the Father shal be lineal to the Daughter If Land be given to one and the Heirs Males of his body and the Heirs Females of his body if he hath Issue Male and Female they shall take by Moities severally by descent So if a Woman hath three Sons by severall Husbands and Land is given to the Woman and to the Heirs of her first and second Husband some think the two Sons shall take severally by Moities and yet it was but one Estate in the Woman A Feoffment is made to the use of I. and after to the use of the Feoffor and his Heirs the Feoffor doth not take it by Remainder for the Limitation to himself is void for the Law saith as much but it is in him as a Reversion But if the Feoffment had been to the use of the Feoffor for life
the Tenancy upon the Lord before Entry but if the Tenant is attainted of Felony he shall not have the possession in fact or in Law before Entry If one Jointenant leases his part for years a stranger enters claiming the moity of the other who waives the possession it seems it is a Disseisin to him though the Termor continues in for they are Tenants in common and though the possession of the Lessee be the possession of him in Reversion so his Companion but è contra if the Termor had waived the possession and the other continues in it seems that he in Reversion cannot be out of possession for his Joint Companion held it Two Jointenants in Fee of a Rent Charge a Stranger takes it to the use of I. one releaseth to the Pernor the other to the Tenant if by the last release he shall be said in possession ab initio then the first release to the Pernor is void for the possession of one is the possession of both Possessio fratris A. Makes a Lease for life and dies having a Son and a Daughter by one venter and a Son by another the Eldest Son grants the Reversion in tail the Tenant atturns and he dies the Grantee in tail dies without Issue Tenant for life dies it seems the Daughter shall have the Land not the youngest Son The Disseisee dies having a Son and a Daughter by one venter and a Son by another the Son after the descent enters upon the Heir of the Disseisor and dies without Issue the Daughter shall not have the Land for his possession was tortious if the Father dies seised and the Eldest Son makes a Lease for life the mother recovers Dower against the Lessee the Son dies the Daughter shall have the Reversion and not the Son But if Tenant for life dies after the death of the Son and during the life of the Tenant in Dower Quaere who shall have the Reversion the Son or Daughter If A. makes a Lease for life and dies his Eldest Son disseises Tenant for life and dies Tenant for life dies the Son shall have the Land from the Daughter which is put in the book of Ass and the principall case is the Eldest Son endows his Mother and dies if the youngest Son or the collaterall Heir of the Eldest shall have the Land The Father dies seised of two Acres the Son enters into one saying nothing if that shall be a sufficient possession of the other Acre to make the Sister to be Heir Quaere Some think it shall not If a Disseisor or Feoffor on Condition enter into one Acre saying nothing there no more shall be gained by that Entry but in the principall case if the Acres had descended one from the Father and another from the Mother then the Entry into one is an Entry but into that only So if it had been on a Title for several Conditions 9 H. 7. 25. So the Entry of the Bastard into one Acre shall devest no more than that for the Mulier had a possession in Law Quaere If a man makes a Lease for years and dies this possession in Law of the Reversion is sufficient to make the sister Heir Quare Impedit IN a Quare Impedit against the Patron and Incumbent it is no plea for the Incumbent to say that he hath been in six months upon the presentation of the Patron for none can plead Plenalty but he who by such plea may gain the Patronage and against whom a Writ of Right of Advowson is maintainable Quod vide in 16 E. 4. 11. But in a Quare Impedit against the Ordinary and Incumbent the Incumbent shall say that he hath been in six months upon the Collation of the Bishop by reason of Laps because no Patronage is gained by that so note the Diversity 2 R. 2. Encumbent 4. 18 E. 3. Quare Imp. 4 8. 13 H. 8. 14. 14 H. 8. 31. 39 E. 3. 30. Recognizance vide Statute Record IF a Record in the C. B. be pleaded in any other Court of the King where it is requisite to be produced it must be exemplified under the Great Seal of England and the Seal of the Court is not sufficient but if he pleads it in C. B. there if he shews the Exemplification under the Seal of the Court it sufficeth for in the one case it is Teste meipso and in the other Teste the Chief Justice Relation IF a Feoffment be made of a Mannor when Atturnment is had the services passe ab initio If a Lease be made for life the Remainder to the King and Livery is made and after the Deed is inrolled now the Remainder passes to the King as a Remainder ab initio If Land be given to Baron Fem in Fee he dies and the Wife waives the possession and recovers her Dower against the Heir she shall recover Damages for by her refusall the Husband shall be said to die seised Keylway 104. p. 14. If a man who hath a Villein delivers an Escrowl of Enfranchisement to be delivered to his Villein seven years after and before the end of the seven years he dies and the Deed is after delivered that will be a good Enfranchisement by relation Vide Barg Sale Release LOrd Mesne and Tenant the Tenant holds in Socage and the Mesne in Chivalry the Tenant makes a Gift in Frankmarriage the Mesne releaseth to the Donor the four degrees passe the Donor seiseth the Ward of the Issue and enters into the Land and he brings an Action of trespass some think it is maintainable If Lessee for years makes a Feoffment to two a Release to one shall inure to both If Tenant in tail makes a Lease for life the Remainder for life and releaseth to him in Remainder and his Heirs if the first Tenant for life dies in the life of Tenant in tail it is a Discontinuance The Tenant holds ten Acres by ten pence and makes a Feoffment of one the Lord grants the Rent reserving the Fealty the Tenant Atturns the Grantee releaseth all his Right in the Land to the Tenant yet he shall have one penny for the Feoffment severed the Seignory and by the Grant two Rents passed and but one is extinct by the Release viz. the Rent of Nine pence Two Disseisors make a Gift in tail to hold in Chivalry the Disseisee releaseth to one the Donee dies some think this Release will inure to both Two Women disseise another and make a Feofment to their Father who dies so that the Land discends to them the Disseisee Releaseth to one it shall inure to both for betwixt themselves they are in by Title If a Disseisor dies seised having two Daughters Bastards and the Disseisee releaseth to one of them that shall inure to both A. makes a Feoffment to two upon Condition which is broken the Feoffor releaseth to one it shall operate to both for they are not in by wrong and a Release where it countervails an Entry
Feoffee the Wife re-enters she is not remitted Tenant for life the remainder in Fee makes a gift in tail the remainder in Fee he which had the first remainder releaseth all his Right to the Donee without saying to his Heirs and dies the Donee dies without Issue the Heir of him in Remainder enters if he be remitted If the Disseisee takes an Estate in Fee from him who had the Land by descent he agrees unto it and yet if he dies seised his Heir shall be remitted The Issue in tail within age having a Title to bring a Formedon accepts from the Discontinuee a Bargain and sale inrolled he shall not be remitted for he is in by the Statute Tenant in tail the Remainder to his right Heirs makes a Lease to the Issue within age upon Condition to have Fee at full age during the Term he performs the Condition he shall be remitted for the Contract was during his Minority As if an Infant delivers a Deed as an Escrowl to be delivered as his Deed when he comes of full Age and receives the money yet he shall avoid the Deed. Vide Release Condition Rent LEssee for life makes a Lease for forty years rendring a Rent the Lessor confirms the Estate of the second Lessee and then Tenant for life dies within the term the Lessor distrains and avows for the Rent some think it is not maintainable Lord and Tenant by Homage Fealty and Rent the Lord grants his Homage upon Condition reserving the Rent the Condition is broken he hath no Remedy for the Arrerages due before Tenant in tail discontinues in Fee and takes back an Estate in Fee and grants a Rent Charge in Fee and dies the Lord seiseth the Ward the Grantee distrains for the Rent and the Lord makes Rescous and the Grantee brings an Assize some think it is maintainable Lessee for life makes a Lease for ten years rendring a Rent the Lessee for years makes a Feofment he shall hold the Land discharged of the Rent though it binds the Lessee for life for the rent cannot indure longer than the reversion and though he had granted it to a Stranger yet had it been gone and so it differs from the other which is not in respect of the reversion And if a man makes a Lease for life reserving a rent to the use of A. and Tenant for life surrenders the rent is gone 1 Ass 10. If the Mesne grants the rent of the Tenant and the Tenancy Escheats the Rent is gone A. makes a Lease for life and grants a Rent Charge out of the reversion the Grantee purchaseth the Estate of Tenant for life who dies and the Lessor enters if the Grantee may distrain for all the Arrerages from the time of the Grant A Rent is granted to commence after the Death of the Grantee who dies if his Wife shall be endowed The Father dies seised of a remainder having two Sons by two venters the Eldest Son being Tenant in tail of the particular Estate grants a Rent Charge in Fee and dies without Issue the second Son enters and an Avowry is made upon him for the whole Charge If a man hath two Daughters by two venters or by one he dies and the Eldest grants a Rent Charge and dies before Entry into the Land some think the youngest shall hold all the Moity charged as if one Jointenant grants a Rent charge and dies the Survivor shall hold all discharged If Land be devised reserving a Rent that is a void reservation for the reservation of the Rent cannot be good but in respect the Reservor might take advantage of it by possibility and the Heir cannot have that which the Ancestor could not for if a Re-entry be reserved to the Heir it is void If Tenant in tail holds by Rent and the Donor grants the Services of the Donee nothing passeth though there be Atturnment for the Rent cannot passe but as a Rent Service For if there be Lord and Tenant by Rent and Fealty and the Lord grants the Services saving the Fealty nothing passeth for it must passe as a Rent Service for it is granted by the name of Services for a Rent seck or Rent Charge cannot passe by that word Quaere if the sueing be not void for the Repugnancies and as a Rent Service it cannot passe for then the Donee should pay one Fealty to the Grantee and another to the Donor for the reversion and so the Donor should charge him with two Fealties which cannot be no more than the Lord can grant the Moity Tenant for life grants a Rent Charge in Fee and after he and the Lessor make a Feoffment of all their Land in such a Town where the Land lieth and make a Letter of Atturny to make Livery yet the Rent indures but for the life of Tenant for life for it is but a Grant of the Estate of Tenant for life and also of him in Reversion But if they had made a Feoffment of that Land only then the Rent should endure for ever for it is the Feoffment of Tenant for life and the Confirmation of him in Reversion Quaere for the Deed is first delivered and after the Livery is made and the reversion passeth by the delivery of the Deed for it is an Atturnment of the Tenant for life by the delivery of the Deed. If a man reserve a Rent upon a Lease for life he hath not a Fee in it for his Wife shall not be endowed but if Lessee for life grants a Rent in Fee a Fee passeth for by possibility it may endure for ever that is if the Lessor confirms it But if Tenant for life grants a Rent in Fee to the Lessor who grants it over yet he shall avoid it after the death of Tenant for life for it cannot be a Confirmation though it were granted by Dedimus Concessimus for the Grantee had not possession of it before and one and the same word at the same time cannot amount to a Grant and a Confirmation also And therefore if a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged If Tenant pur auter vye grants a Rent Charge in Fee and after he hath the Reversion by descent or release Cesty que vye dies he shall hold it discharged but if after the Fee was vehe had made a Feoffment the Feoffee should not have avoided it after the death of Cesty que vye A Seignory is granted for years the Rent being arrear the Tenant dies the years expire the Heir shall not be charged as Heir in Debt if the Father did not bind himself and his Heirs by expresse words and the Executors shall not be charged for they were not chargeable with it at the death of the Testator for at that time the Grantee could not have had an Action of Debt for it but he must have Distrained and so the Lessee is without remedy If a Rent be
of A. only I have a Reversion for the life of B. for they were two Estates but here was but one Estate and all that Grant was irrecoverable if A. survived then the possibility of the surviving of A. doth not make a reversion in the first Lessee But it is as if I am Lessee for the life of C. and I grant my Estate upon Condition that if D. dies living C. that I shall re-enter I have no Reversion notwithstanding this Condition for if the Condition be sufficient for me to enter upon an Occupant Quaere If the Bastard endows the wife of the common Ancestor Quaere in whom the reversion shall be If Tenant for life surrenders upon Condition and the Lessor marries and dies and the Wife is endowed against the Heir and after Tenant for life enters for breach of the Condition and not by the Wife and no default in the Heir yet the Wife shall not have the reversion of the Land after the death of Tenant for life for the Freehold which was the cause of her Dower was taken away by an Eign Title If a Lease be made for life reserving a Rent and the reversion is granted to the Lessee for his own life the Grant is void and he shall pay the rent but if the grant of the Reversion to another for the life of the Lessee that had been good for he shall have the rent and take a Surrender without Livery A lease is made to A. and B. for their lives and after the Reversion is granted to C. during the lives of A. and B. they make partition and A. dies the Question is if the first Lessor shall have his part after his death or C some think the Grant of the reversion was good for if the Tenant for life had entred into Religion C. should have the Land Quaere of this forreign Intendment but if the Reversion doth passe the Rent shall passe as a Rent Service And if the first Estate had been upon Condition to cease C. should have had it during their lives then it seems the Partition severs the Reversion for though by the first Grant he was intitled to have the Reversion so long as either of them lived that was in respect of the Jointure and when that is severed so is the reversion so that the first Lessor shall have it after the death of Tenant for life and not C. Quaere If a Lease be made for twenty years rendring a Rent and the reversion is granted for ten years that is a good Grant and he shall distrain for the Rent Quod nota If Husband and Wife accept a Fine Sur conusans de Droit come ceo c. of the Wives Land from B. and they render it to him in tail yet the Reversion is in the wife only for the Husband had nothing but by reason of the Coverture If the Donor confirm the Estate of the Donee in tail that is a Grant of the Reversion in Law A Recovery is had against Tenant for life upon a false Oath he in Reversion dies without Heir Tenant for life brings an Attaint and reverseth the Judgement To whom the Reversion is recovered is the Question Vide Remainder Reviver IF the Tenant makes a Lease for years to the Lord and he makes a Lease for life and the Tenant enters the Seignory is revived after the death of the Tenant for life notwithstanding there was a Disseisin and the Lord was the Disseisor by the Statute If the Tenant enfeoffs the Lord upon Condition and enters for the Condition broken the Seignory is revived But if the Lord grants his Seignory in Fee to one who hath the Tenancy with a Condition and after the Feoffor enters for the Condition broken before or after the Seignory is gone in both cases If the Lessor recovers in Wast against the Lessee for life who comes to the Seignory after the Wast committed the Seignory shall be revived but otherwise if Wast had been made after the Seignory accrued If after a Dissent the Disseisor comes to the possession again the Entry of the Disseisee is revived If a Bastard dies seised leaving Issue who endows his mother the Mulier may enter for the Wife is endowed by an Eign Title and so the right is revived If a Disseisee enters upon a Dissent and dies seised and the Heir endows his Mother the Entry of him who was in by Descent is revived If the Tenant enfeoffs the Heir of the Lord upon Condition the Lord dies the Condition is broken the Seignory is revived If the Grantee of a Rent Charge in Fee grants to one that if he pays to him or his Executors twenty Shillings by such a day that he shall have Rent in Fee the Grantee dies without Heir the second Grantee pays the money to the Executors according to the appointment the Rent is revived A. having Common Sans number in tail in two Acres purchaseth one Acre and then hath Issue and dies so that the Common in one Acre desdescends to the same Issue if the Common shall be revived in the other If the Issue had recovered one Acre against the Grantor by a Title before the Grant there it shall remain in the other Acre for then it is as if but one Acre had been charged at the first but upon a Dissent there can be no apporcionment for it is gone and suspended for all or revived in the residue for all for Common without Number is intire and cannot be severed but Common certain may be apporcioned upon a Dissent If the Lord disseises his Tenant and is disseised and the Tenant enters the Seignory is revived If Tenant for life aliens in Fee to the Grantee of a Rent in Fee by his Lessor and the Lessor enters for a forfeiture the Rent is revived Seisin LOrd and Tenant the Lord having a Son dies the Tenant makes a Feoffment the Son hath Seisin of the Rent by the hands of the Feoffee if this Seisin be sufficient for the Son to maintain an Assize against his Disseisor after Severance of the Jointure IF Two Jointenants make a Lease for life and after one grants his part to a stranger for the life of the Lessee some think it is a severance of the Jointure If two Women Jointenants be Mesnes and one of them marries the Tenant the Moity of the Mesnalty is suspended and the Jointure severed Vide Jointenants Statutes THe Husband is bound in a Statute Merchant after he and the Wife levy a Fine of the land of the wife to A. the Husband dies the Statute shall not be extended in the hands of A. for nothing passed from the Husband but the Estate which he had during the Coverture which is determined by his death and A. shall have the same benefit which the Heir of A. should have had or as he should have if the Wife had been discovert and had granted it for it is lawfull for a Fem covert to grant her Estate by Fine and
Issue and dies it seems this remainder shall not be Assets in the Heir in a Formedon or Debt for the remainder was never in the Mother for it commenced after her death But if a Rent Charge be granted to I. to commence after his death 't is otherwise for the Heir takes it by descent If Executors have a Villaine in right of their Testator and enter into Land purchased by him it shall be Assetts although they have a Fee as Land descended to the Heir shall be Assetts to a Chattle viz. to a Debt of a Stranger The Grantor of a Rent Charge in taile einfeoffes the Grantee of the Land who makes a gift in tail of the Land rendring so much of the Services as he pays over to the Lord Paramount it seems that these Services shall be Assetts in the Heir for they are particularly reserved for the Land Assignee IF a Feoffment be made with Warranty to the Feoffee his Heirs and Assigns if he makes a Feoffment over and the second Feoffee re-enfeoffes the first Feoffee he shall vouch for he may be Assignee of his Father being he does not claim as Heir And the Lord by Escheat or Mortmain or of a Villaine or who enters for a Consent to a Ravisher shall not be said Assignees and yet they shall Rebutt If Tenant in tail be with Warranty to him his Heirs and Assignes his Feoffee in Fee shall not be said Assignee for he hath no part of the Estate tail If Land be given to One and his Assignes for ever and it is ganted to him and his Assignes that they shall have twenty Load of Wood yearly for ever Tenant for life grants over his Estate and dies the Assignee shall not have the Wood because his Estate is now determined Attainder A. Dyes leaving two Daughters the one is attainted of Fellony a Lease is made the remainder to the right Heirs of A. the other shall not take the Daughter that was attainted being living for one is not Heir alone but if the Father dies seised of Land a moity shall escheat If the Mesne grants the Mesnalty upon condition that if the Grantee pays a certain sum of Money to the Grantor that he shall have Fee and before the Day the Grantor is attainted of Felony and executed yet the Grantee shall have Fee for the Condition is become impossible to be performed by the act of the Grantor But if a Jointenant makes a Lease for five yeares upon Condition that if the Lessee does such an Act he shall have it for twenty years and before the day the Lessor dies now the Condition is void by the Surviver If a man grants a Rent Charge to begin at a day to come and before the day the Grantor is attainted of Felony yet the charge is good If a Remainder be limited to the right Heirs of A. who hath a Daughter and dies who enters and after a Son is born and attainted yet the Remainder shall not be devested out of the Daughter The Son endowes his Wife Ex Assensu Patris the Son is attainted of Felony it seems that the Wife should not retain her Dower for 't is the Dower of the Son for she claimes it from the Son and if she brings a writ of Dower of it Ne unques accouple in loyall Matrimony is a good Plea and if there had been a disseisin of it a Collateral Warranty shall be no bar to the Wife for she pretends no Title to it but by the death of her Husband and then the Warranty descends before her Title for if it descends after her Title it shall be a good bar And if she after her Dower so assigned be attainted of Felony and after hath her Charter of pardon for her life and after the Husband dies she shall retain her Dower for her Interest in it commenced after her Pardon And yet by her Attainder she forfeited all her Inheritance Free hold and Chattles Real If an Attainted person be enfeoffed to the use of another the possession cannot vest in the other but must escheat but he which is Attainted may be an Atturny Grandfather Father and Son the Father is Attainted of Treason and dies and after the Grandfather dies seised of Land the Lord of whom the Land is holden shall have it by Escheat and not the King For the Father had it not at the time of Attainder And being that the Grandfather dyed without Heir the Land shall Escheat So it is if the Father be Attainted of Treason and the Grandfather dies leaving the Father The Issue in tail is Attainted of Felony and is pardoned and his Father dies and a Stranger having cause of Action against whom he shall bring his Action is the Question Some say that the Donor hath the Free-hold in Law as if Tenant in tail dies leaving his Wife Enseint Others say there is none against whom the Action may be brought as if Tenant for Life grants over his Estate to B. who dies now before Entry there is none against whom the Action may be brought Tenant in tail makes a Feoffment within Age and is Attainted of Felony his Issue shall not enter for he is disabled in blood to take advantage of the Infancy because the Infant had no Heir A. Covenants upon a Marriage to stand seised to the Vse of another and before the Marriage the Covenantee is Attainted of Felony yet upon the Marriage the Vse will rise as a Lease for life with a Condition of Accruer if the Lessor be Attainted yet the Estate shall enlarge Tenant is tail is disseised and releaseth to the Disseisor with Warranty and then is Attainted of Felony and hath a Pardon and dies this is a Discontinuance for if he had purchased Land after his Pardon it should descend to his Heir then the Warranty being in Esse at the time of his death there is no Impediment but that it should descend But if Tenant in tail who hath a Warranty annexed to his Estate be Attainted of Felony and Executed his Issue shall not Inherit the Voucher by reason of the Warranty although he hath the Land for the Warranty is out of the Statute de Donis c. which speaks of Lands and Tenements But some think that by the Equity of the Statute it is preserved as well as Charters 21 H. 6. 2. p. Markham 9 H. 6. 60. Cott. p. Charters Tenant in tail makes a Lease not warranted by the Statute and dies the Issue accepts the Rent and is Attainted of Treason if the King shall avoid it Quaere If the Grandfather be Tenant in tail and the Father is Attainted of Treason and Executed yet the Son shall Inherit as Heir to the Grandfather If A. commits Felony and the Lord grants his Seignory and after A. makes a Feoffment upon Condition and is Attainted and hath a Charter of Pardon and after re-enters for breach of the Condition and dies If an Occupant shall have the Land the Issue or
and her Husband If A. infeoffes his Wife and a Stranger it is void as to the Wife and good to the Stranger though the Livery were made to the Stranger in the name of both Three Jointenants and one gives his part with his Daughter to his Companion in Franckmarriage and by the same Deed releases to them in Frankmarriage and makes Livery this is a good gift in Franckmarriage by some for notwithstanding one Jointenant cannot enfeoffe his Companion yet he may enfeoffe his Companion and another and the Livery made to the other shall vest the Land in both and that is for the advantage of a third person As in Gascoignes case 7 H. 6. 3. It was not a surrender for the advantage of the third Neither in 21 H. 7. 41. for the advantage of the Husband So it shall not be void here for the advantage of the third person But others are of a contrary opinion and they say the Husband cannot take it immediately from his Companion and therefore it is void as to him and good as to the Wife the other part of the Deed viz. the Release will inure to the Husband And here both the things make the Frankmarriage good for the Livery and the Deed may be delivered both at one time If the Husband be Tenant for life and the Reversion be granted to him and his Wife the Fee remaines in them in Jointure for there be no Moities between them Land is let to Baron Fem Habendum the one Moity to the Husband the other to the Wife the Land is confirmed to them in speciall tail rendring a Hawk the Lessor shall have two for the Baron shall have one Moity of the Inheritance for his possession was severed from the possession of the Wife viz. in the one Moity So that of that Moity the Husband is seised in speciall tail and the Wife hath nothing Of the other whereof the Wife was Tenant in Common with the Husband the Baron was thereof seised in Right of his Wife then he had a sufficient Estate whereupon a Confirmation might inure jointly to them If Land be given to the Baron for life the remainder to the Wife for life and their Estates are confirmed in tail The Baron shall have one Moity in tail only he and his Wife the other Moity and yet the Tail is not executed for any part Quaere for this is a good case If Husband and Wife make a Lease of the Wives Land rendring a Rent the Husband distreins and Avowes and dies the Cattle are discharged for they do not belong to the Executor being they are but a Pledge and the Wife is to have the Duty and therefore the Executor cannot detain the Pledge and it is not like the case where the Husband recovers upon an Obligation made to him and his Wife 33 H. 6. 48. Although the Husband can give nothing to his Wife immediately yet if a Disseisoress makes a Lease for life the Remainder to her self in tail the Remainder to A. in Fee and after marries the Disseisee who Releases to the Tenant for life this shall inure to the Wife A Reversion is granted to Baron Fem and to a single man and woman in Fee the single persons marry and the Tenant atturns then the single Man and Woman are divorced the Baron Fem shall have but a third part If a man makes a Feoffment to A. and a Fem sole with a Letter of Atturny to deliver Seisin and before Livery they entermarry they shall take by moities Land is given to A. and B. his Wife and to another Baron Fem in Fee they are disseised and A. releases to the Disseisor and then A. and B. are divorced for cause which hath Relation B. and the Baron Fem bring an Assise leaving out A. and some think it is maintainable for when A. and B. are divorced yet the other Baron Fem shall hold the Moity to them for being the purchase took effect and vested by the Livery and at that time the Baron Fem not being divorced took a Moity that remaines still for to all Strangers A. and B. shall be said to continue Husband and Wife for if a Stranger had bought the Goods of the Wife and then they had been divorced yet he shall retain the Goods as it is held in 26 H. 8. And if the Husband had made a Feoffment the Wife could not have an Assise against the Feoffee but must bring her Cui ante Divortium A Reversion is granted to a man and a Fem sole and they marry and the Tenant atturns they take by Moities for the Atturnment does operate upon the Deed so if they marry before Livery is made If Baron Fem make a Lease for life and pray to be received and the Husband makes Default and upon his Default the Wife is received now she admits the Discontinuance yet if she be barred she shall have her Cui in vita for she had not Title then to have a Cui in vita for that accrues by the death of her Husband If a Feoffment with Warranty be made to a man and a Fem sole and they marry and are impleaded and Recover in Value the Husband dies they did not take by Moities If Land be Bargained and Sold to a man and a Fem sole and they marry and the Deed is inrolled there they take by Moities for it hath Relation But if Baron Fem Tenants for life before the Coverture recover in value by reason of the Reversion with the Rent they shall take the value by Moities But if a Lease be made to a Man and a Woman for life upon Condition to have Fee they marry and after performe the Condition they shall not have Moities in the Fee If a man be seised of Land in right of his Wife and Warranty is made to them and the Heirs of the Husband and they recover in value there shall be no Moities for the Recovery in value must be according to the nature of the Estate If a Fem being Tenant for life marries and the Husband atturns to the grant of the Reversion and then he is Divorced yet it will binde the Wife If a Woman hath a Lease for twenty years and the Lessor confirmes to the Husband for forty yeares who dies she shall have the Residue of the twenty years The Husband hath a Term in right of his Wife and grants so many years as shall be behind at the death of him and his Wife Quaere if this be a good Grant The Husband is bound in a Statute and after he and his Wife levy a Fine of the Land of the Wife to A. the Husband dies the Land shall not be extended in the hands of A. for nothing passed from the Husband but the Estate which he had during the Coverture and A. shall have the same Benefit the Heir of the Wife should have had But if the Husband had made a Lease for yeares or granted a Rent
infeoffs his Donor who dies seised the discent will take away the Entry of the Issue Quaere If there be two Sons and the youngest hath two Daughters the Grandfather seised of two Acres at Common Law and twenty in Borough English gives the two Acres with the youngest in Frankmarriage the youngest Son dies the Grandfather dies seised the twenty Acres shall descend equally to the two Daughters and the two Acres shall not be put in Hotch potch for the Custom as well as the descent makes the Title The Disseisor dies without Heir his Wife enseint the Lord enters a Son is born the Disseisee enters upon the Lord. If the Entry had been before the Birth it had been Lawfull and he Remitted If a Stranger abates the Disseisor having Issue or if after abatement a Son had been born the Disseisee could not have entred for the Abator may say that the Land descended to the Issue whose Estate he has If the Tenant makes a Feoffment Pending the Praecipe against him the Plaintiffe Recovers then the Feoffee dies seised the Plaintiffe cannot enter upon the Heir for the dying seised was after the Judgement Tanta mount as if the Feofment and Discent had been both after Judgement and then it had been cleer that the Entry had been taken away for the Discent is the Title and not the Feoffment But if the Discent had been hanging the Writ that would not have taken away the Entry But if a Recovery be had against Tenant for life and he dies and he in Remainder Enters and dies seised that shall not take away the entry of the Recoveror for all the Estate is recovered and he in Remainder is as privy as if the Action had been brought against him immediately so of him in Reversion Br. Ent. Cong 116. The King being seised A. intrudes the King Grants it away A. continues in possession and dies seised this Discent will not take away the Entry of the Grantee for then he were without remedy as if Land be devised and a Stranger Abates and dies that shall not toll the Entry of the Devisee Discontinuance JF Land be given to two and to the Heirs of the body of one and he which hath the Estate in tail makes a Feoffment and both die this is no Discontinuance for any part for he was not seised of the Estate in tail at the time of the Feoffment If Tenant in tail makes a Lease for life the Remainder for life and after Releases to him in the Remainder and his Heirs this is a Discontinuance If the first Tenant for life dies in the life of Tenant in tail If Tenant in tail makes a Gift in tail to A. and after Releaseth to him in Fee and dies and A. dies without Issue the Issue in tail may enter upon the collaterall Heir of A. for the Fee was not Executed in the life of Tenant in tail though it passed out of him Quaere of all these cases If the Grandfather be Tenant in tail and makes a Gift to Baron Fem in tail the Husband dies without Issue the Grandfather dies the Father Releases to the Wife being Tenant after possibility and to her Heirs and dies the Wife dies the Issue cannot enter upon the Heir of the Wife for though it be no Discontinuance yet when the Wife came to the Fee simple the Fee was Executed and then she died seised in Fee and the Discent takes away the Entry But if the Wife had been Tenant in tail and then she had died without Issue it had been otherwise for then she had not died seised but of an Estate tail in possession and a Fee in Reversion and that will not take away an Entry If Tenant in tail infeoffes the Wife of the Donor that is a Discontinuance If Tenant in tail infeoffes the Donor and a Stranger that is a Discontinuance of all for the benefit of the Stranger If Tenant in tail of a Rent grant that in Fee that is no Discontinuance for the Grant endures no longer than for his own life If Tenant in tail makes a Lease for the life of the Lessee and then disseises him and makes a Feofment in Fee the Lessee dies and Tenant in tail dies that is no Discontinuance for the Fee was not Executed by lawfull means So if Tenant in tail makes a Lease for life and grants the Reversion the Grantee disseises Tenant for life Tenant for life and Tenant in tail die this is no Discontinuance for the Fee was not executed according to the Grant But if Tenant in tail makes a Lease for her own life and disseises Tenant for life and makes a Feofment that is no Discontinuance for by the Disseisin he was seised in Fee and the Fee was devested out of the Donor and then he was not Tenant in tail The first case seems cleerer if Tenant in tail dies living Tenant for life If Tenant in tail makes a Lease for the life of the Lessee who is disseised and Tenant in tail Releases to the Disseisor without Warranty Tenant for life and Tenant in tail die this is a Discontinuance in Fee for the Disseisor had the same Fee executed in the life of Tenant in tail which was first made as if he had after Released to Tenant for life which would have countervailed an Entry and Feofment A. makes a Gift in tail to B. who makes a Gift in tail to C. who makes a Feoffment and dies without Issue Nothing made a Discontinuance to the Issue of B. but the Livery of B. for by that the Reversion of the Donor was discontinued But when C. died without Issue that Livery is determined and the Discontinuance purged and the Feofment of C. being a Stranger to the first in tail cannot be a Discontinuance especially when there was but a Right of the Intail discontinued by the Feofment of B. and a Right cannot be discontinued If Tenant in tail be disseised and Releases to the Disseisor with Warranty and is attainted of Felony and hath his pardon and dies that is a Discontinuance for if he had purchased the Land after his pardon it should have gone to his Issue which proves that the blood between him and his Issue is not corrupt as it is between him and his Ancestor then seeing the Warranty was in being at the time of his death there is no Impediment but that it should descend Disseisor LOrd and Tenant of twelve Acres by twelve pence the Tenant makes a Lease of one Acre for years the Lessee enfeoffs the Lord he may avow for eleven pence for though he is a Disseisor by the Statute yet to another intent he is in by Feoffment for if Lessee for years infeoffs two a Release to one will inure to both If there be two Disseisors of a house to which Estovers are appendant and a Release is made to one the Estovers Remain for part for the Release doth not countervail an Entry and Feofment If the Lord procures one to
part of a fourth part if the Reversion passed severally for then the Reversion and the Fee are Executed for the fourth part A Gift in tail is made rendring during the life of the Donor Socage tenure and after his death Knight service the Wife shall be endowed of the Knights service If a Rent be granted for life and after by another Deed the Grantor releases all his Right in the Rent and if it be behind that the Grantee and his Heirs shall distrain the Wife shall not be endowed for it is still but a Rent Seck and the distress a Penalty 8 H. 4. 18. A Disseisor having a Wife makes a Lease for life the Lessee makes a Lease to the Wife for her life the Husband accepts the Deed and agrees to it the Husband dies the Wife disagrees to the Lease the Lessor Enters against whom she brings Dower It is cleer if a Disseisor having a Wife makes a Lease to A. for life who makes a Lease to B. for life and the Disseisee releaseth to B. the Wife of the Disseisor shall be endowed for the Release does not countervail an Entry and Feofment If a Disseisor be Disseised and the Disseisee releaseth to the second Disseisor that takes away the Dower of the first Disseisors Wife But in the first case the Husband is remitted and no possession in the Wife whereupon a Release may operate and so she may disagree and claim her Dower If an Estate be confirmed in a Rent Seck and if it be behind that it shall be lawfull for him and his Heirs to distrain the Wife shall not have Dower for it is stil but a Rent Seck and the Distresse but a penalty Tenant in tail of a Rent discontinues it with Warranty the Issue having a Wife is barr'd in a Formedon by the Warranty and Assetts yet his Wife shall be endowed for the Grant was void by the death of Tenant in tail and the Issue had possession in Law and might have distrained and though he determined his Election yet it shall not prejudice his Wife If the Husband disagrees to a Remainder the Wife shall not be endowed otherwise to a Dissent If a Rent Charge is granted the Grantee dies the Heir cannot prevent the Wife of her Dower by bringing his Writ of Annuity The Son endows his Wife Ex Assensu Patris the Son is attainted If she shall retain her Dower Some think she shall not for she claims from the Son and Ne unques accouple in loyall Matrimony is a good plea. If Tenant for life surrrenders upon Condition and the Lessor marries and dies the Wife is endowed against the Heir the Lessee enters for the Condition broken the Wife shall not have the Reversion for the Freehold which was the Wives Title is taken away by the Entry If the Grandmother recovers Dower against the Mother she hath taken away all the estate of the Mother for she comes in upon an Eigne Title But otherwise if the Father had been infeoffed So if the Lessor disseiseth his Tenant for life and marries and dies and the Wife is endowed by the Heir the Lessee enters c. And if Lessee for life had died before the Wife had been endowed she shall not be endowed for the Heir was Remitted or if she had been endowed and the Lessee had died the Heir shall out her If the Mother recovers Dower against the Son the Grandmother recovers Dower against the Mother and dies the Son shal enter and not the Mother But if the Dower of the Mother had been by Assignment of the Heir it had been otherwise For he shal be concluded by his own Assignment Quaere For some think the Reversion is not taken away from the Mother in Casu penultimo If a Feoffment be made to A. to the use of B. the Wife of A. shall be endowed A. marries and sells his Land his Wife arrives at her age of nine years the Husband dies she shall be endowed though the Husband had no possession when she was nine years old For if the Husband aliens his Land and after the Wife is attainted and pardoned the Husband dies she shall recover her Dower If a woman Elopes the Husband aliens his Land and after they are Reconciled she shall have her Dower for in these cases the Title of Dower is not consummate until the death of the Husband But if a man marries an Alien and then sells his Land and she is Endenized and the Husband dies she shall not have her Dower If a Tenancy Escheats the wife of the Lord shall not be endowed of the Seignory A woman Intitled to have Dower disseiseth the Tenant and she is disseised by another to whom the Disseisee releaseth she shall not have her Dower for her Dower was suspended in the possession of the Disseisor as well as if it had been in her own possession for the Disseisor is in as the woman was and though her Dower should have been Revived if the Disseisee had entred yet this Release doth not amount to an Entry and Feoffment If Land be given to A. and his Heirs Males as long as he hath Issue Female of his body A. dyes having a Daughter the Wife is endowed and the Daughter dies without Issue the wife loseth her Dower for there is a difference between a Condition in Deed and in Law for if the Issue of Tenant in tail dies without Issue yet his wife shall keep her Dower for it is a Condition in Law And yet if an Estate tail be made upon Condition that if the Donee dies without Issue that it shall be lawful for the Donor to re-enter the Wife of the Donee shall not lose her Dower for the Condition does not take effect untill the estate be determined by the Condition in Law upon which determination she is endowable A. seised in Fee grants a Rent Charge and aliens and takes an Estate in Fee-simple or in tail and dies seised the Wife Recovers in Dower and then she surmises that her Husband died seised and prays a Writ of Enquiry of Damages 14 H. 8. 6. She shall hold it charged for she hath admitted her self dowable of the second Estate A. has a Wife and is seised of four Acres and makes a Feofment of three of the Acres with Warranty and dies the Wife brings her writ of Dower against the Feoffee and he vouches the Heir Now if the Wife may stop the Judgement viz. That she shall not recover immediately against the Heir is the question for then she hath lost her Dower of the fourth Acre as some think she hath because it was her own folly that she did first recover her Dower of that Election IF a Rent be granted in Fee and the Grantee grants it over for yeares the Grantee for years hath no Remedy if it be denied him for he shall not have a writ of Annuity for the Election is given only to the first Grantee and his Heirs and the Election runs
only in privity If two Acres are given to A. Habendum the one in Fee and the other for life and A. grants both over viz. the one in Fee and the other for his own life If the second Feoffee shall have Election If A. had committed wast in both or had made a Feoffment of both the Lessor might have entred into which he had pleased If I give two Acres the one in Fee the other for life and the Donee dies without Heir Quaere if the Lord shall have Election If a Lease be made of two Acres the Remainder of one to A. and of the other to B. and makes no certain description of either He who first enters after the death of Tenant for life shall have the Election If a Lease be made of two Acres Habendum the one in Fee and the other for life reserving a Rent Quaere how the Lord shall avow But his Executor hath no Remedy by the statute of 31 H. 8. If A. grants to another one of his horses the Grantee dies before his Election his Executor shall choose but yet there was no property in the Grantee before Election If two Acres are granted the one in tail and the other in Fee the Heir of the Donee shall make his Election If twenty shillings or a Robe is yearly granted at the Feast of Easter at the day or before the day the Grantee hath Election If it had been by Obligation the Obligor shall have the Election after the day But if one grants to another twenty loads of wood or twenty Oaks yearly at the day or after the Election is in the Grantee for it lies in Prender so that there is a a Difference betwixt a thing in Payment and in Prender 13 E. 4.4 If a Lease for life be made reserving a Rent or a Robe at the day it is in Election of the Lessee but after in the Lessors A Reversion is granted to one for life and before Atturnment it is granted to him in Fee the Grantee may choose his Estate If an Acre is given Habendum in Fee or in tail the Donee shall choose If one be bound or Covenants to infeoffe B. of the Mannor of D. or S. the Obligor c. hath the Election for he is the first Agent But if I give my black horse or white Horse there the Donee hath the Election for there he is the first Agent But otherwise if the words had been that I should deliver also If I infeoffe A. and B. and warrant the Land to the one or the other there is no Election given to either and therefore void But if one be bound to me to pay to A. or B. there the Obligor hath the Election for he is the first Agent but in the other case it ought first to be demanded A. gives two Acres Habend the one for life the other in Fee reserving a Rent or a Robe and does not distinguish which he shall have for life and which in Fee B. makes a Feoffment of both the Rent is behind A. distrains in one only and makes an Avowry for the Robe in that Acre Quere bien If a Rent be issuing out of two Acres the Tenant grants one to another the Grantee may choose in which he will distrain for all A. disseises B. of twenty Acres in C. B. brings a writ of Entry sur Disseisin in ten Acres and recovers and comes upon the Land and enters into one Acre in the name of all he recovered and thereof presently infeoffs D. who enters into the other nine Acres A. brings an Assize for those nine Acres and it is maintainable for by the entry of B. into one Acre in the name of all he recovered nothing vested in him but that Acre for it was a determination of his Election which nine Acres he would have for it was incertain and then nothing passed by the Feoffment but that one Acre for the Feoffee being a stranger shall not make Election which runs in Privity Emblements A Woman hath Title to have dower of three Acres and after the Heir sows one of the Acres and she hath that Acre assigned to her in dower Quaere if she shal have the Emblements for no folly can be imputed to the Heir for the possession was cast upon him by the Law and when he did sow the Land it was uncertain to him whether ever the wife would recover her dower neither could he guesse which Acre would be assigned her in dower and the Heir shall take advantage of this incertainty As if the Condition be performed by the Mortgagor yet the Mortgagee shall have the Emblements If a man devise that his Executors shall sell his Land and before the sale the Heir sows the Land and then the Executors sell it yet the Heir shall have the Emblements 36 H. 6. 36. If the Heir sows the Land and is disseised before severance and the Disseisor endows the wife of the Father Some think the Heir shall not have the Emblements for she is supposed to be in in the Post by the Disseisor Quaere Entry GRandfather Father and Son The Father disseiseth the Grandfather and dies the Son endows the Mother the Grandfather dies the Son may enter upon the Mother for he hath a new Right descended to him from the Grandfather for the Grandfather might have entred upon the Mother so shall his Heir But if there be Great Grandfather Grandfather Father and Son and the Grandfather disseises the Great Grandfather and the Father dies and the Son endows the wife of the Father and the Great Grandfather dies the Son shall not out the Tenant in Dower for the Great Grandfather could not enter by reason of the descent no more can his Heir If a disseisor makes a Lease for life the Remainder in Fee and the disseisee purchaseth the Remainder and grants it over he cannot enter upon the Lessee for life for then he should defeat his own Grant A Feoffment is made upon Condition to re-infeoffe the Feoffee makes a Feoffment to his use If the Feoffor may enter without Request If A. makes a Feoffment reserving a Rent and if it be behind a Re-entry after he releaseth the Rent when he hath Title or Entry he cannot enter after or if he granted the Rent over after his Title of Entry The Eldest Son cannot enter where the Reversion is descended to the youngest by the Custom A Seignory is granted in tail the Tenant aliens in mortmain the Grantee dies within the year without Issue the donor shall enter as well as he in Remainder for there is a Privity of Estate If two Acres descend to A. and a stranger abates into one and A. enters into the other in the name of both that shall not gain the possession of the other But otherwise if he had entred into that Acre wherein the Abatement was in the name of both Tenant for life of a Seignory a Tenancy Escheats a stranger intrudes Tenant for life dies
granted to one and his Heirs and if it be behind that he shall distrain for the life of A. during the life of A. it is a Rent Charge and after a Rent seck and some think that Seisin of a Rent Charge is sufficient to have an Assize for a Rent seck If a Reversion be granted rendring a Rent Quaere what Rent it is during the particular Estate but after the particular Estate be determined it is a Rent Service If a Rent be granted out of two Acres and if it be behind that he may distrain in one that is but a Rent seck for it is but one Rent which cannot be wholly a Rent Charge for the other Acre is not charged and the Distress is but a penalty And if a Rent in Fee be granted and if it be behind two years that the Grantee may distrain now it is not a Rent seck during the two years but a Rent Charge distrainable after the two years And if a Rent be granted to one and if it be behind his Heirs shall distrain the distress is void for there is not any such person in Rerum natura and it shall never be a Rent Charge because it was not one at the beginning but if the distresse had been limitted to a person in Esse then it should have been a Rent Charge as 46 E. 3. 18. If the Lord grants his Seignory reserving a Rent the Seisin before will not be a sufficient Seisin of it If a Rent be granted to two and if it be behind that one may distrain that is a Rent Seck for one Moity and a Rent Charge for the other Moity because one hath another benefit than the other If a Rent be granted for life and by another Deed the Grantor releaseth all his right in the Rent to the Grantee and if it be behind that he and his Heirs shall distrain although the Heir shall have it by distresse as it is adjudged in 8 H. 4. 18. yet the Wife shall not be endowed for it is yet but a Rent seck and the distress but a penalty and it is no new Rent which commences after the death For if a Rent be granted for life and by another Deed the Grantor grants if the rent be behind he shall distrain the remainder in Fee the remainder is void for he doth not take such an Estate which will support a remainder If a rent be granted out of the Mannor of D. and if it be behind he shall distrain in the Mannor of S. the Grantee purchaseth the Mannor of S. yet the rent remains and if he doth not purchase all the Mannor the distress shall remain in the rest and yet the penalty was a thing against common right Tenant in tail makes a Lease for forty years reserving a rent and after dies the Heir suffers the Lessee to continue in two or three years and then outs him he hath no remedy for the rent arrear after the death of Tenant in tail no more than the Lessee hath for the arrears incured after the breach of a Condition where he hath entred for the breach of the Condition and it seems he shall not have an Action of accompt against him as Bailiff of the Land A rent seck is granted for life and after the Grantor confirms his Estate and if it be behind that he and his Heirs shall distrain it is a rent seck stil for life and the Grantee hath the rent charge in Fee in remainder for he hath not two rents As if the Lord of a Mannor grants the Homage and Fealty of his Tenants saving the rent it is a rent seck and shall be parcell of the Mannor now if the Tenant will grant to the Lord that he and his Heirs shall distrain for that rent yet the rent is parcel of the Mannor and the distresse but a penalty but if it were a rent charge it shall not be said parcell of the Mannor because it shall commence but now If the Lord grants the rent of his Tenant to one for life saving the Seignory and then grants the Seignory and reversion of the rent to the Grantee yet it must be a rent seck during the life of the Grantee and after a rent service for the reversion of the rent which was a rent service cannot drown the Freehold of the Rent which was of another nature no more can the Reversion of the Rent Charge drown the Freehold of the Rent Seck in the principal case But in the last case if the Grantee had re-granted the Rent Seck to the Grantor who had the Reversion that will operate as a Surrender Quaere what diversity where the Reversion comes to the Freehold or the Freehold to the Reversion If a Rent be granted out of two Acres and if it be behind that he shall distrain in one that is not a Rent Charge in any part for the distresse is not limitted out of all the Land If twenty shillings be granted out of the Mannor of D. and if it be behind that he shall distrain for that twenty Shillings and another twenty Shillings out of the Mannor of S. the first twenty shillings is but a Rent Seck and the distresse a penalty and the last a Rent Charge in the Mannor of S. But if one grants a Rent out of the Mannor of D. and if it be behind that he shall distrain in D. and S. that is a Rent Charge in the Mannor of D. and a penalty in the Mannor of S. If a Rent be granted to one for the life of A. and after the Grantor grants by another Deed that he shall distrain for his life with a Remainder in Fee that is a good Remainder if the first Rent be determined but if the distresse be appointed for the life of A. or B. it is otherwise for it is but a penalty but in the other case the Estate is given also though it be a penalty during the time of the appointment of the Determination of the first Rent If twenty Shillings is granted out of D. and that the Grantee and his Heirs shall distrain for that twenty Shillings and other out of the Mannor of D. and S. For the first twenty Shillings it is a Rent Charge in D. and a penalty in S. and for the other it is a Rent Charge in both If a Rent be granted out of two Acres with a distresse in one and after the other is recovered by an Eigne Title it shall be a Rent Seck as it was before for it cannot be now a Rent Charge if it were a Rent Seck before If a Rent reserved upon a Lease for life be granted over and after a recovery is had in Wast yet the rent remains as if the Lord grants the rent reserving the Homage the Rent remaines after the Escheat A rent is granted in Fee out of Land in Borough English and at common Law the Grantee dies having two Sons the Eldest shall have all for the
rent is intire and so not apporcionable then the Eldest being he is Heir at Common Law shall have all as an Assize at Common Law is maintainable for a rent granted out of Ancient Demesne and other Lands 35 H. 6. 4. p. Ashton If a rent be granted in Fee and the Grantee grants it for years the Grantee hath no remedy if it be denied for the Election to have an annuity is only given to the first Grantee and his Heirs and the Election runs in privity which fails in the second Grantee If a rent incident to a reversion be granted for years saving the reversion the Grantee hath no remedy for he shall not have an Action of debt though the Lease out of which the rent issued was for years for there wants privity If a Lease be made to two Habendum the one Acre in Fee and the other for life reserving a rent Quaere how the Lessor shall avow but his Executors are not aided by the Statute of 31 H. 8. If a Lease be made of two Acres reserving a rent for years and then the reversion of one Acre is granted the rent shall be apporcioned for as the contract is made in respect of the reversion so it shall be severed in respect of the reversion A rent charge is granted in tail to the Vse of A. and his Heirs the rent is behind the Donee dies without Issue A. brings an Action of Debt for the Arrerages If the Parson and Ordinary grant a rent charge out of the Glebe to the Patron the Successor shall avoid it for the assent of the Patron ought to be expresse and of the Ordinary also where the Successor must be bound and it is but implied here but the best way had been to have granted it to A. and he to have granted it to the Patron and in the first case if the Patron grants it over that is no full assent but the Successor shall avoid it If Tenant in tail grants a Rent Charge in Fee and makes a Lease for forty years and dies and the Issue accepts the Rent the Grantee shall have the Rent during the Lease and the life of the Issue although the Lessee Surrenders Quaere for the Reversion is discharged If Tenant in tail grants a Rent in Fee and dies and the Issue having a Wife dies before Entry his Wife is endowed she shall hold it discharged If the Father disseises the Son and grants a rent Charge and the Son endows his Wife Ex Assensu Patris in the same Land the Father dies the Son dies the Wife enters she shall hold it charged for she claims from the possession charged And if Tenant in tail grants a rent charge the Abator shall hold it charged If the Father disseises the Son and grants a rent charge in Fee and makes a Lease for years and the Son confirms the Lease and the Father dies the rent is gone So if a man grants a rent in Fee and makes a Lease for years and grants the reversion to the King or to the Grantee the rent is gone If a Lease be made of two Acres in one County rendring a rent and Livery is made in both severally yet it is but one rent though one Acre passed by the Livery before the other Lessee for twenty years makes a Lease over and makes a Lease of other Land in which he hath an Estate in Fee simple for twenty years reserving a Rent without Deed the whole Rent doth issue out of the Lands in which he hath an Estate in Fee for being he hath granted all his Right over in the other Land it cannot be a reservation out of that If a man grants a Rent for life and after by another Deed grants that it shall be lawfull for the Grantee and his Heirs to distrain for the same Rent that shall be intended a Rent of the same value for that Rent is determined by the death of the Grantee As if the King grants to the Mayor and Commonalty of D. the same Liberties which the Mayor and Commonalty of London have that shall be construed Liberties of the same nature If a man grants to me that whereas he hath made a Lease for forty years to A. that I shall present to the Advowson which the Lessor hath during the same term If A. surrenders the Mannor yet I shall present for when my Grant was during the same term that is to be understood during the like time If the Patron and Ordinary give license to the Parson to grant a Rent in Fee if he does it that will bind the Successor according to the opinion of 7 H. 4. 18. But if a Confirmation had been made to the Grantee before the Grant that had been void and the Diversity is this for in the first case there was nothing requisite but an Assent which may be before the Act is done and therefore it is said that if a Bishop makes a Gift in tail by Deed and the Dean and Chapter confirm the Deed Et omnia quae in eo sunt according to the usuall Confirmation in those cases and after Livery is made that was holden by all the Justices to be a void Confirmation for the Assent was not but to the Deed but the Confirmation ought to be after the Estate made and so a Diversity If a Rent Seck be granted to A. for life and after it is granted that he and his Heirs shall distrain for it during the life of the Grantee it is still a Rent Seck though he may distrain for it but the Heir shall distrain for it and take it by descent A. makes a Lease for life reserving a Rent in Fee and then grants the Reversion with Atturnment and reserves the Rent in Fee and dies the Rent is gone for it is reserved out of an Estate for life only So if Tenant in tail of a Rent grants it in Fee that is no discontinuance for it is granted but during the life of the Grantor If A. makes a Lease for life reserving a Rent the remainder for life the Lessor grants the reversion to him in Remainder the first Tenant for life atturns he shall not have the Rent for the Fee simple drowns the remainder to some purposes but as to this it is in Esse A. grants a Rent Charge in tail and enfeoffs the Grantee of the Land who gives in tail reserving to him so many services as he pays over to the Lord Paramount and dies the Issue shall not have a Formedon of the Rent being he hath the Reversion for the Land is discharged at the time of the Gift in tail 31 E. 3. Scire fac Lessee for twenty years makes a Lease for ten years who purchaseth the Reversion with Atturnment of the Lessee the Executor of the Lessee for ten years shall not have the residue of the term but the Heir but he shall pay the first rent reserved to the Lessee for twenty years in nature of a Rent Charge granted
then it would be against reason that the Grantee of the Wife should not have it with the same advantages which the Wife should bave But if the Land had been in Execution then it had been unavoidable because it had been executed If Tenant for life and he in reversion levy a Fine it shall be lyable to the statute of Tenant for life during his life only and never shall be lyable to the Statute of him in reversion for though the words of the Fine be joint yet he may avoid it by shewing the truth of the matter So in the principall case he may shew that the Estate of the Husband was during the Coverture only If the Grantee of a Rent Charge dies without Heir the Land shall be bound with a Statute Merchant entred into by him for though it be determined yet the determination shall not have relation for if the tenant be bound in a statute and dies without Heir it shall be extended against the Lord by Escheat And if one manumits a Villain a Statute in which he was bound shall be executed upon him if the Writ of Execution did issue out against him before Land whereof a man hath onely Seisin in Law shall be lyable to a Statute The Conisor of a Statute is in Execution and his Land also the Conisee releaseth to him all his Debts the Execution it discharged for the Debt remains untill it be levied of the profits If the Son be Tenant in tail the remainder to the Father in Fee the Father is bound in a Statute and dies and the remainder descends upon the Son he aliens in Fee or suffers a Common recovery the Land is lyable to the Execution presently As if the Lord had recovered in a Cessavit against Tenant in tail with a remainder over being charged the Land in the Lords hand shall be lyable to the Statute of him in Remainder presently as it shall be to the Grant of a Rent by him though as a remainder it was not lyable Surrender LEssee for forty years makes a Lease for ten years rendring a Rent the first Lessee surrenders and the Lessor brings Debt against the second Lessee Quaere If Lessee for years makes livery as Atturny to the lessor it was ruled in 34 Eliz. in C B. to be no surrender Tenant for life cannot surrender to him in Remainder for years for he hath a Freehold in possession which cannot drown in a Chattle If a lease be made to commence at Easter and before Easter the lessee takes another lease to begin presently If that be a Surrender Some think it is A lease is made for ten years and after another lease is made to begin after the first lease determined the first lessee Surrenders the second lessee may enter otherwise if the Reversion had been granted for ten years A lessee cannot make an Actual surrender before Entry If a lease be made for years the remainder for years the remainder to the first Lessee in Fee he in remainder may surrender to him and yet he hath nothing in possession So if there be lessee for years the remainder for years and the Fee descends to the first Termor he in remainder may surrender If A. makes a Lease for years to B. to begin at Michaelmas and before the day he enfeoffs B. B. dies before the day and his Son enters if the Executor may enter upon the Heir is the question Tail A. dies leaving Issue two Daughters Land is given by Deed in tail to the youngest and to the Heirs of the body of the Father begotten and she hath Issue and dies and the Issue brings a Formedon against the Eldest Daughter the question is what Estate the Daughter took Tenant in tail in Vse the remainder unto his right Heirs enters upon the Feoffees and makes a Feoffment and takes back an Estate in tail the remainder to his right Heirs and after the Stat. of 27 H. 8. is made and he dies how the Issue may avoid the second Estate tail and take the first is the question It seems he cannot take the first Estate in Tail by no means for when he entered upon the Feoffees and made a Feoffment then the remainder in Fee was not in him yet by his Feoffment a Fee simple passed not determinable by his death but defeasible by the Entry of the Feoffees then the Fee simple must needs pass being he had the Vse to his right Heirs then when the Stat. of 27 H. 8. was made the Vse not being in Esse but the right of an Vse the possession is executed according to the right of the Vse and then when he dies there is no Remitter to the Estate for that was not in Esse A Gift in tail is made with Warranty accordingly the Donee releaseth the Warranty to the Donor and after the reversion is granted and the Donee atturns If the Issue in tail be impleaded he shall not vouch for the release hath extinguished the Warranty for ever for the Statute speaks of Tenements and a Warranty is no Tenement but a Covenant reall which is extinguished by the Release As if an Annuity be granted in tail a Release of the Donor extinguisheth it If Tenant in tail makes a Lease to begin at Easter reserving a Rent and dies and the Issue in tail enters and makes a Feoffment before Easter the Feoffee cannot avoid the lease for the lease was not avoided by the Entry of the Issue A lease is made for years the remainder in tail he in Remainder grants it over in Fee the Lessee atturns the years expire the Grantee enters and dies seised Tenant in tail dies his Issue may enter for the Grant was not but for the life of Tenant in tail and then he did not die seised in Fee if the dying seised had been after the death of Tenant in tail it should not have taken away his Entry Tamen Quaere But if the Issue of the Issue of the Grantee had entered and died seised there his Entry had been taken away and if Tenant in tail enfeoffs the Donor who dies seised by most that Dissent will take away the Entry of the Issue Tenant in tail makes a Feoffment and dies the Feoffee makes a lease for life and grants the Reversion to the Issue he shall not have a Formedon against Tenant for life for he hath assented to the reversion But if Tenant in tail makes a lease Pur auter vye and dies notwithstanding the Dissent in Fee of the reversion the Issue shall have a Formedon for the Reversion is waived by using the Action If Donee in tail to him and his Heirs males the Remainder to him and the Heirs Females of his body makes a Lease for years reserving a Rent and dies without Issue Males if the Heir Female accepts the Rent she shall be bound for the Lease was derived out of both their Estates and she comes in by descent but if the Heir male had made a Lease and
regardant makes a Lease for one and twenty years to the Villain rendring a Rent according to the statute and dies within the term if the Issue being remitted to the Freehold of the Villain may enter into the Mannor and out the Villain Upon a plea in Bar of an Assize the parties are adjourned and after the Tenant pleads a Release made after the Darrein Continuance bearing date in a forreign County and after at the Venire fac return'd the Tenant pleads that after the Darrein Continuance he hath purchased the Mannor to which the Plaintiffe is a Villain he shall not have this plea for he shall not delay the Plaintiff by his plea but once where the matter of fact happens de puisne temps for he is at no mischeif if his plea be true But in shewing a Record after he shall plead it if it be in the same Court. And here the Villain shall not be enfranchized for the Plea was pleaded before which now he ought to maintain but if he answers his Villain de Novo that is an Enfranchisement Voucher THe youngest son of an Abator hath Land by descent by the custom of Borough English or by reason of an Estate tail made to his Father and a second Wife in a Mortdancester brought against him he shall vouch notwithstanding the Counterplea given by the Statute for the Statute extends but to Heirs at common Law and therefore if an Abator hath Issue two Daughters and makes a Feoffment and dies and one of them takes a Feofment and an Assize is brought against her she shall vouch for she is not sole Heir but if she had been sole Heir then cleerly she shall not vouch though she doth not come to it as Heir And if an Abator and a stranger being Tenants in a Mortdancester vouch they shall have the Voucher If Feoffee with Waranty to him his Heirs and Assigns makes a Lease for life the Tenant for life in a plea vouches the first Feoffor and recovers in value Land held of the Feoffee if the Feoffee shall have his Seignory For if the Reversion of the Land recovered be in the Feoffee then he shall not avow and if he shall not Quaere if Lessee for life shall vouch as Assignee being that he hath not all the Estate And it is cleer if the Feoffee had made a Lease for life the remainder in Fee the Lessee shall vouch as Assignee and if he recovers in value the remainder shall be in him in whom it was before 28 Ass p. 18. 11 Ass p. 3. If the younger brother and a Stranger abate and the Stranger dies now a Mortdancester doth not lie or if an Abator makes a Feoffment and retakes an Estate to himself and another and the other dies the Voucher does not lie for him and yet before an Assize of Mortdancester and Voucher did lie If a Feoffment be made with Warranty to one his Heirs and Assigns the Feoffee makes a Feoffment over the second Feoffee enfeoffs the Son of the first Feoffee he shall vouch for he may be Assignee of his Father being he does not come in as Heir Lord by Escheat Mortmain or of a Villain c. shall not be said Assignees Land is given to Husband and Wife and to the Heirs of the Husband he makes a Feoffment with Warranty and dies the Wife brings her Cui in vita the Feoffee vouches and recovers in value by reason of the Warranty after the death of the Wife he shall vouch again by reason of the Warranty aforesaid So if a Woman brings a Writ of Dower and the Feoffee vouches by reason of the Warranty he shall vouch again after the death of the Wife because the Voucher and Recovery in value was onely in respect of the Freehold but if he had once recovered in value of the Fee he should never vouch again by reason of the first Warranty for he hath the effect of it and also the Warranty is gone with the Estate But if Tenant in Frankmarriage recovers in value he shall vouch again but it is otherwise of Tenant for life If Tenant in tail to him and his Heirs Females the remainder to him in Fee makes a Feoffment with Warranty and dies the Heir Female recovers and the Feoffee recovers over in value he shall vouch again after the Estate tail is spent by reason of the first Warranty If the Tenant vouches and at the Sequat sub suo periculo the Tenant and the Vouchee make Default whereupon the Demandant hath Judgement to recover against the Tenant and after he brings a Seire fac against the Tenant to execute the Judgement if the Tenant shall have a Warrantia Chartae against the Vouchee But if a stranger brings a Praecipe quod reddat against the Tenant some think that he shall vouch for by the first Voucher and the Judgement given against the Tenant the Warranty was not defeated nor the possession of the Tenant but if the Tenant had judgement to recover in value against the Vouchee he shall never vouch again by reason of this warranty for the warranty hath lost its force being he had Judgment to recover in value by reason of it for if he should recover again he should have 2 Recoveries upon one warranty It was holden cleerly that if the tenant hath Judgment against the Vouchee he shall recover no land in value but that the Vouchee had at the time of the Judgment And note upon a Summoneas ad Warrantizand if the Sheriff returns the Vouchee warned and he makes default the Tenant shall have a Cap. ad val and recover in value but if he returns that he hath nothing then after the Sicut alias pluries a Sequatur sub suo periculo shall issue and there if the Vouchee makes default he shall not have Judgement to recover in value for the Warranty is not confessed and it is uncertain whether he had any thing but in the Cap. ad val it appears that he has Assetts A. seised of two Acres at Common Law and one in Borough English and makes a Gift in tail to a Stranger of one of the two Acres and dies the Donee is impleaded and vouches the eldest Son and recovers in value the other Acre out of his possession as he shall do in this case being he vouches him alone and not the youngest where the eldest hath assetts the question is if he be impleaded for that Acre he hath recovered if he shall vouch the eldest and the youngest If that Acre in Borough English shall be lyable by reason of the said Warranty in Law being it is not the Warranty which descends but the Warranty in Law commenceth first in the Eldest Son for the Recovery in value shall be said in lieu of the first Land given yet it is always to be intended having regard to the estate of the Reversion descended from the Father the Reversion left in the Eldest Son and then the Acre of the youngest is not lyable
her Dower of the third part of the Rent the Heir cannot have an Annuity of the two parts for it must be for all or none for it cannot be apporcioned If the Obligor for twenty pound makes the Obligee his Executor and leaves but ten pound he may retain that ten pound and sue the Heir for the rest So that a Duty may be apporcioned by act in Law If a Lease be made of two Acres for years rendring a Rent and the Reversion of one of them is granted over the Rent shall be apporcioned for as the Contract is made in respect of the Reversion so it shall be severed in respect of the Reversion If a Lease be made of two acres rendring a Rent with a Clause of re-entry into one for not payment of the Rent it seems reason that the Rent shall be apporcioned And so if the Condition had been that he should have fee in one Acre And if a man makes a Lease of a flock of sheep and land rendring a Rent if either of them be evicted the Rent shall be apporcioned But if I have a term of twenty years and I grant it over with a stock of Cattle rendring a Rent by Indenture and if the rent be arrear that I shall distrein there if the stock be recovered the Rent shall be apporcioned for before my Recovery my remedy was by distress and not by Action of Debt and so no apporcionment for a Chattle devested If one enters lawfully upon Tenant for life by title Paramount into one Acre for a condition broken though he has the same title to all the Land or enters into one Acre by a title upon an alienation in Mortmain or consent to a Ravisher c. or if the Lessor himself enters into one Acre by reason of a Condition broken or because he was within Age at the time of the making the Lease and peradventure part is good by Custome which enables an Infant to make a Lease or if the Lessor takes a Surrender of parcel or recovers parcel in Wast 21 H. 6.48 or if one Joint-tenant enters for a Condition broken into his moity in all these cases the Rent shall be apporcioned But if the Land at the time of the Lease was discharged of a Rent which after revived so that the value of the Land is impaired to the Lessee there the Rent shall not be apporcioned for the Land out of which the Rent issues remains intire to the Lessee But if one hath title to enter upon his Tenant for life into twenty Acres in two several Counties and he enters but into one Acre only Quaere if the Rent shall be apporcioned There is no apporcionment upon the Grant of a Seignory but only by the Feofment of the Tenancy If I disseise one to the use of A. after twenty pounds advanced by me out of the profits or to the use of my selfe for life and after to his use in fee he shall have nothing by his agreement for the wrong cannot be apporcioned If a man has Common Sans Number granted to him in tail out of two Acres and he purchaseth one Acre and dies which descends to his Issue in tail there can be no apporcionment for either it is gone in all or revived in the residue for all for Common Sans Number is a thing intire which cannot be severed But if it were Common certain it were otherwise But being the Common was intailed the Act of the Tenant in tail shall not prejudice the Issue where a rent is suspended in part there can be no apporcionment during the suspention but afterwards there may If the Tenant holds of the Lord by Fealty and twenty shillings of the Mannor of Dale and the Lord makes a Lease of the Mannor reserving forty shillings with Atturnment and after releaseth to his Tenant all his Right If the Rent of forty shillings shall be apportioned First it seems by the Release the Tenant is discharged of twenty shillings as well against the Lessee as against the Lessor because now the Tenant holds it of the Lord Paramount and so not of the Lessee Also the Rent of forty shillings was as well payable for the services as for the Demesns although a Distress cannot be taken in the Demesns But yet being the twenty shillings is lost not by a Title Paramount but by the Lessor if now it shall be apportioned or not 21 H. 7.6 There be three Daughters two by one venter and the third by another The youngest being seised of three Acres of equal value grants a Rent of three shillings to the Father in fee and makes a Feofment to the second Daughter of one Acre who dies without Issue so that it descends to the eldest the Father dies by this descent the Rent shal be apporcioned If a man hath a Rent of twenty shillings out of twenty Acres of equal value and one Acre descends to his Wife the whole Rent is suspended for it cannot be apporcioned when he is seised of part of the Land in auter droit But if she dies and he is tenant by the Curtesie it shall be apporcioned for the Land continues in him by act in Law which is equal to a descent and if the Rent be in tail and part of the Land descend in fee or if the Rent be in fee and part of the Land descend in tail there shall be no apporcionment Arrerages IF a Seignory be granted for years upon Condition to have Fee and after the Fee is vested by the performance of the Condition the Arrerages due before are extinguished for the term is extinct Assent IF the Patron and Ordinary give leave to the Parson to grant a Rent in Fee it will bind the Successor 7 H. 4. 18. for an Assent may be before the Act is done If the Patron assent to the charge of the Parson upon condition it is good but if he had the Patronage but for life c. after his estate ended the Assent will not bind the second Patron If a Parson be Patron of a Church and the Parson with the Assent of the Ordinary grants a Rent Charge or makes a Lease for yeares the Assent will not make it to endure no more than the Assent of a Bishop who is Patron without the Assent of his Chapter Nor the Assent of Tenant in tail or for life who is Patron cannot make it endure for ever If the Bishop grants in Fee to the King by Deed confirm'd by the Dean and Chapter and the Deed of the Bishop is inrolled and the other not it seemes it shall bind the Successor for the Assent is to the Deed of the Bishop not as a Confirmation As the Abbot may make livery where it is the Deed of him and his Covent so in this case the Bishop may deliver the Deed of him and of the Dean and Chapter Assets LAnd is given to two Women Quam diu simul vixerint the remainder to the Heirs of her that first dies One hath