the arrearages for they are reall and parcell of the rent or annuity But if the Judgment be of arrearages and dammages there he shall have his age B. age 50. And where he recovers in a Writ of annuity or assise as before Or hath avowed for a Rent which is Freehold and recovers the arrearages without costs and damages he shall not have an action of Debt of that but a Scire facias for t is real But where he hath Judgement of it with costs and dammages which go together so that that t is mixt with the personality then lies a Writ of Debt against the Heir of the arrearages and dammages and this B. thinks in default of Execution per curiam 23. H. 8. B. Debt 212. age 50. Note That of the Land of the Duchy of Lancaster and other Lands which the King hath as Duke or the like his age is material and he may have his age as another common person may for he hath them as Duke not as King B. Age 52. 78. As if the King alien Land parcel of his Dutchy of Lancaster within age there he may avoid it for Non-age for the reason aforesaid otherwise of Land which he hath as King for the King cannot be disabled by Non-age as a common person shall B. Prerogative 132. Yet by the Statute of 1. E. 4. which is a private act not printed but inrolled in the Dutchy Chamber by which King H. 6. was attainted of Treason and that all the Lands of the said Dutchy should be forfeited and should be a Dutchy separated and incorporated c. t is annexed to the Crown but by another private act 1. H. 7. t is disannexed and made as in the time of H. 4. 1. E. 6. B. Age. 52. Note t was in a manner granted by all the Justices in the Common Bench That if a Parson Prebend or the like be within age of 21 years and makes a Lease of his Benefice within age that yet this shall binde him for where he is admitted by the Law of holy Church to take it within age so the Common Law inables him to Demise his Benefice within age 4. Mar. 1. B. Age. 80. Alienations If the Tenant of the King alien in Fee without licence and die his Heir within age the King shall not have the Ward because that nothing is discended to him and that the Alienation is good save the Trespass to the King which is but a Fine by Seiser B. Alienations 29. Gard 85. But otherwise if the Alienor were Tenant in Tail and if the Alienation without licence be found by office the King shall have the Issues of the Land from the time of the Inquisition taken and not before B. Alienations 26. in medio But where the Tenant dies and his Heir enters upon an office found for the King of the dying seised of the Ancestor there the heir shall answer the profits taken by him before 26. H. 8. B. Intrusion 18. the end T is said for Law That a fine for alienation is one years value of the land aliened and the same Law of a Fine for intrusion upon the King But the Fine to have licence to alien is but the third part of the yearly value of the land which shall be aliened and for licence to alien in Mortmain the Fine is the value of the Land for three years 31. H. 8. B. Alienations 29. the end If a man obtain licence to alien the Mannor of D. and all his Lands Tenements in D. he cannot alien by Fine for the Fine shall be certain so many acres of Land so many of Meddow so many of Pasture and the like and the alienation ought not to vary from the Licence Yet by B. t is otherwise used with an averment that all is one 32. H. 8. B. Alienations 30. Note if there be two Joynt-tenants who hold of the King in Capite and one releases to the other all his right this is no alienetion nor doth he need Licence or pardon of it for he to whom the Release is made is in by the first feoffor and not by him that Released nor shall he Fine for such release and so t is used in the Chequer that t is no alienation But if three Joynt tenants are and the one Releases to one of the others there he is in of it by him that releases Contra if he had released to all his compagnions and where a man Releases by Fine to the Tenant of the King this is no alienation Otherwise of a Fine Sur Conusans de droit Com ceo c. for this is an estate made by Conclusion 37. H. 8. B. Alienations 31. Tenant of the King in Capite cannot alien for term of life without Licence for it alters the Freehold Time H. 8. B. alienations 22. the end Note That for Burgage Tenure of the King a man may alien without licence well enough 6. E. 6. B. Alienations 36. Note That a Devise by Testament was taken to be an alienation 3. Mar. 1. B. alienations 37. Alien See Tit. Denizen Note by the whole Court in the Kings Bench an alien may bring an action personal and shall be answered without being disabled because he is an alien born otherwise in an action real and the same B. seems in an action mixt and he may have a property and buy and sell. 38. H. 8. B. Denizen 10. Nonability 40. T was said in the Kings Bench That to say that the Plaintiff is an alien born Judgement if he shall be answered is no plea in an action personal otherwise in an action real Yet this hath been in question after this time in the same Court and t was said that an alien born is no plea in Trespass if he doth not say further That the Plaintiff is of allegiance of one such a one enemy to the King for t is no plea in an action personal against an alien that he is of the allegiance of such a Prince which is of amity with the King 1. E. 6. B. Nonability 62. If an alien born purchase the King shall have it but the purchase ought to be found by office and so t was in the case of Alien King and B. seems that an information in the Chequer will not serve in this case Time E. 6. B. Denizen 17. the end T was said in Parliament That if an alien born obtain a Lease for years that the King shall have it for he cannot have Land in this Realm of no estate 4. Mar. 1. B. Denizen 22. Amendment By Fitzherbert and the Court where a Writ of Error was sued to remove a Record out of the Common Bench into the Kings Bench betwixt an Abbot and I. N. the Warrant of Attorney varied in the Roll in the name of the Abbot and t was amended after Judgement and if they had not amended it they said that those of the
Termor where land is recovered against him and the Lessor because they lose not any Free-hold and because that they are acquitted by W. Whorewood the Kings Attorney Yet by B. t is not reasonable where they are named and lose their interest yet it seems to him that he that is acquitted shall not have an attaint but if they are found disseisors they shall have an attaint by him Time H. 8. B Attaint 82. the end Note For Law where Trespass of battery goods carried away or a writing broken which are transitory is done in one County yet an action may be brought in an other B. Attaint 104. And so t was agreed in Trespass in London of breaking of at D. in London where indeed D. was in the County of E. for these are not local B. Lieu. 65. And therefore in Trespass transitory the place is not issuable nor traversable No more then in Trespass upon the case upon a promise and these may be continued B. Traverse c. 283. And in those cases the Jury of another County may take Conusance thereof but is not bound to it but if they take Conusance attaint lies not Otherwise of Trespass of Trees cut or Grass trod which are local and shall be brought in the proper County 2. Mar. 1. B. Attaint 104. Jurors 50. Note T is said that upon an Information for the King which passes upon the issue tried the King nor the informer shall not have an attaint for the informer is not fully party And when the Defendant hath answered the Kings Attorney replies for the King and after no further mention of the informer and therefore neither the one nor the other shall have an attaint 4. Mar. 1. B. Attaint 127. Where an attaint lies where not See Tit. Dammages And Tit. Fanxifier Attornment Note That Attornment may be made by Tenants to the Lord in his Court to the Steward in absence of the Lord or purchasor But Attornment to the servant of the purchasor out of Court and in absence of the Purchasor is not good but by payment of one penny for every Tenant to the servant of the Purchasor and in his absence in name of Seisen of their several Rents is a good attornment for a servant may receive Rent for his Master Quaere If no Rent then is due nor the rent day come 28. H. 8. B. Attornment 40. T was agreed That where Land is fold by Deed indented and inrolled according to the Statute of 27. H. 8. c. 10. there because the use is changed by the bargain and sale by the said Statute and the buyer in possession and hath no means to compel the Tenant to attorn there he may distrain and avow without attornment Otherwise upon a grant by Fine for there he may have a Writ of Por quae servitia 30. H. 8. B. attornment 29. the end Note That if a man hath Common of Pasture to a certain number or Common of Estovers to a certain number of Carts and with Grant them over they pass without attornment because they are not to be taken by the hands of the Tenant but by the mouth of beasts and by cutting and carrying So see that when no attendancy nor payment is to be made by the Tenant there the thing passes without attornment 31. H. 8. B. Attornment 59. See by Whorewood the Kings Attorney where a man Leases for forty years and after Leases the same Land to another to have from the end of the first Term for twenty years this needs no attornment otherwise where he grants the Reversion as afore there ought to be attornment Quaere and see after And if a man Leases for ten years and after Leases to another for twenty years this is good for ten years without Attornment otherwise if there were a word of Reversion 37. H. 8. B. attornment 41. A man Leases Land for twenty years the Lessee Leases over for ten years rendring Rent and after grants the Reversion of the Term and Rent to a stranger this shall not pass without attornment by reason of the attendancie of the Rent otherwise if no Rent were reserved upon the second Lease for ten years for then there is no attendancie to be made nor action of Waste nor the like to be brought For as B. seems attornment is not necessary but to have avowry or an action of Waste 2. E. 6. B. attornment 45. See by Mountague chief Justice and Townsend That by a Feoffment of a Mannor the services pass without attornment of the Free-holders But B. seems that the Tenants ought to attorn 4. E. 6. B. attornment 30. Note If a man let a house and 200 acres of Land for Term of life and after grant the Reversion to another to have the said House Land and Tenements a Festo Sancti Michaâ—lis prox-post mortem vel determinationem interesse of Tenant for life for twenty one years then next following the Tenant for life dies before attornment yet the grant of the Reversion is good because that the words in the Habendum of the house and land is intended to be a Lease and a Rent was also reserved upon it and so a good Lease without attornment By Brown Sanders and Stamphord Justices Yet by B. Chief Justice t is but a Grant of a Reversion and no Lease but yet the grant is good without attornment because that t is to Commence after the death of Tenant for life so that the Tenant for life shall not be attending to the Grantee nor shall he avow upon him nor have an action of Waste or the like by judgment of the Court. 3. Mar. 1. B. Attornment 60. Leases 73. Attorney In these Cases a man shall not make an Attorney except in special case viz. Attaint Premuniri Appeal Per quae servitia Quid juris clam Quem redd reddit Nor in assigning of Errors nor at the Plures in case of contempt nor the Tenant in a Cessavit upon tender of arrearages Nor the pray' to be received in a Pr. quod redd Nor in an assise nor in an attachment Nec contra finem levat nor in any case where the Defendant shall be imprisoned Audita querela A man seised of 20. acres is bound in a Statute Marchant and makes a Feoffment of 15. to several persons and Execution is sued against one of them he shall have an Audita querela upon his surmise to have the other Feoffees to be contributory with him But if execution be sued against the Conusor himself he shall not have such contribution for this is upon his own act B. Audita querela 39. Yet if the Conusor dies and the Conusee sues Execution against the heir he shall have Contribution of the Feoffee So every of them shall have of the heir 25. H. 8. B. Audita querela 44. the end Averments See Tit. Pleadings Note Where a man pleads a recovery by a strange
of the Countrey by Cerciorari to the Chancery and may be sent to the Justices of the Kings Bench by Mittimus and then they shall proceed upon it 36. H. 8. B. Certiorari 20. the end Certificate of the Bishop 'T was holden that if the Bishop certifies that such a person paid not his Tenths according to the form of the Statute which wills That ipso facto the Benefice shall be void that in this case a man shall not have an averment contrary to the certificate Time H. 8. B. Certificate devesque 31. the end Challenge Note by the Exchequer and both Benches where the parties are at issue in a plea of land where the land lies in three or four hundreds there if the Juror hath land in any of the hundreds or dwells in any of the hundreds it suffices 4. M. 1. b. Challenge 216. In Treason t is a good challenge to witnesses to say that he was one of his accusers b. Corone 219. And note that by the Statute of 33. H. 8. a peremptory challenge is ousted in case of high Treason yet by the said Statute Queen Mary t is enacted That all tryals of Treason shall be according to the order of the Common Law and not otherwise And therefore it seems that he may have a challenge peremptory as at Common Law S. 35. Jurors 4. M. 1. B. Challenge 217. Trials 151. the end Where a Grant of the Bishop or charge by him with the assent of the Dean and Chapter shall binde the successor and where not See Tit. Confirmation Charters of Pardon Note if a man be attained of murther or Felony by Outlawry or otherwise and the King pardons him all Felonies Murthers and Executions eorundem and Outlawries and Waivings and Sectam pacis And a pardon and release of all Forfeitures of Lands and Tenements and of Goods and Chattels shall serve but for the life and for the land if no Office be thereof found But it shall not serve for the goods without restitution or gift For the King is intitled to them by the Outlawry without Office but the King is not intituled to the Land till Office found And if an Office be found after yet the pardon shall serve for it shall have relation to the judgement then the mean pardon serves well contrary where an Office is found before the pardon granted for then the King is seised by the Office and there a release or pardon cannot give it but there ought to be a Gift or Grant 29. H. 8. B. Charters of Pardon 52. Note if alienation without licence be pardoned by Act of Parliament the party may enter without Ouster l'main or amoveas manum Otherwise by another pardon by letters Pattents 29. H. 8. B. Charters of Pardon 53. If intrusion by the heir post mortem antecessoris be found by Office and after the King pardons it by act of Parliament or by letters Pattents yet the heir shall sue Livery for this is not restored to him by a pardon but if the pardon were granted before Office found and at the making of the pardon the heir is of full age he shall retain the land and the Office found after the pardon shall not hurt him 30. H. 8. B. Charters of Pardon 54. Chattels If Lessee for years devise his Term or other his Chattel or Goods by Testament to one for term of his life the Remainder over to another and dies and the Devisee enters and aliens not the Term nor gives or sels the Chattel and dies there he in Remainder shall have it but if the first Devisee had aliened given or sold it there he in the Remainder had been without remedie for it B. Chattels 23. Done 57. And so B. seems if they be forfeit in his life he in remainder hath no remedy 33. H. 8. B Done 57. the end Choice in Action Thing in Action Note where the Statute of 31. H. 8. gives to the King the possessions of Abbies and all rights of Entries Actions Conditions and the like which the Abbies might have had and that he shall be in possession without office and that he shall be adjudged in actual and real possession of them in such plight and sort as they were at the time of making of the Statute Yet if an Abbot were disseised of 4 acres of land the King cannot grant it over before entry made by him in it because t is a thing in action real and not like to a thing in action personal or mixt as debt ward and the like by some And some è contra by reason of these words That the King shall be in possession Yet by B. this seems that he shall be in such possession as the Abbot was S. of a thing of which the Abbot had possession the King hath of this actual possession of such of which the Abbot had but a cause of entry or right in action of these the King shall be vested of a Title of entry and Title of action But the thing to which he hath such cause of entry or of action is not for this in him in possession and therefore cannot pass from the King by general words but B. seems if the King recites the diseisen and how the right and action thereof is given to him by the Statute and grants it specially that t is good 33. H. 8. B. Choice in Action 14. 'T was said for Law That the King may grant a thing in action which is personal as debt and dammages and the like or a thing mixt as the ward of body but not a thing real as an action of land and the like as Rights Entries Actions and the like which Abbots might have And that the King shall have these by the Statute of dissolution of Abbies 31. H. 8. These things in action the King cannot grant Yet by B. see if there be not words in this Statute to put the King in possession though the Abbot were put to his action 33. H. 8. B. Pattents 98. Clergy No man shall have his Clergy but where his life is in jeopardie and therefore not in petty larceny And the Bishop is Ordinary all Priests Abbots and others inferior to him which demand Clergy or have Clergy and if the Bishop hath his Clergy the Metropolitan shall keep him as his Ordinary and if the Metropolitan offend and hath his Clergy the King shall have him and keep him the same is of Laps Reading B. Clergy 19. Corone 183. Note That at this day Bigamus shall have his Clergy by the Statute but a man attainted of Heresie shall not otherwise of a man excommunicated and a Jew nor Turk shall not have their Clergy and a Greek and Roman who use not our letters shall have their Clergy and shall stay till a book of letters of their countrey comes B. Clergie 20. And if a man who is captus oculis prayes his Clergy he shall have it if he
words and if he have not then de bonis proprijs which words are not in the Record 'T was coÌ„manded by them to mend the Book for 't is contrary to the Record and so mis-reported 23 H 8. B Executors 22. A man makes two Executors and dyes the one Executor makes an Executor and the other survives and dyes intestate the Executor of the Executor shall not meddle for the power of his Testator was determined by his death and by the survivor of the other so that now the Ordinary shall commit the Administration of the goods of the Executor which survived de bonis non Administratis of the first Testator 32 H 8. B Executors 149. A man makes A and B his Executors and wills that B shall not meddle during the life of A and good for he doth not restrain his intire power for he may make one Executor of his goods in C and another Executor of his goods in D and so he may divide the time ut supra 32 H 8. B Executors 155. A man hath a Lease for yeers as Executor B and after purchases the reversion of the Land in fee the Lease is extinct But yet the Lease shall be against the Executor assets by Whorewood and Hales Justices B Extinguishment 54. Leases 63. Surrender 52. And if it shall bee extinct B seems to be a devastavit ad ultim 4 E 6. B Extinguishment 57. the end Exposition The severall exposition of infra terminum 10. annorum infra terminum predict See Tit Conditions Extinguishment If the Abbot and Covent give all their Lands and Possessions to another in fee yet the corporation remains by Fitz Justice 20 H 8. B Extinguishment 35. Lord and Tenant the Tenant is attainted of Treason by Act of Parliament and to forfeit all his Lands and after he is pardoned and restored by another Parliament habend sibi heredibus as if no such attainder nor former Act had been Or if the Heir of him who was attainted be restored by Parliament in such form now the Seigniory which was extinguished is revived and he shall hold of the common person as before and yet once the tenure was extinct by the forfeiture of the Land to the King 31 H 8. B Extinguishment 47. Revivings 8. Tenures 70. Lord and Tenant The Tenant holds by third three Acres of Land the Tenant infeoffs the Lord in fee of one Acre the Seigniory is extinct for the third part and remains for the other two parts but if the Tenant had let to the Lord one Acre for yeers there the Seigniory is suspended in the whole during the term for the Seigniory may be extinct in part but not suspended in part but for the intire 32 H 8. B Extinguishment 48. Where a Condition shall not be apportioned but extinct See Tit Conditions A man hath a Lease for yeers as Executor B. and after purchases the reversion of the Land in fee the Lease is extinct but yet the Lease shall be against the Executor assets by Whorwood and Hales Justices B Extinguishment 54. Leases 63. Surrender 52. And if it shall be extinct B seems to be a devastavit ad ultimum Extinguishment 57 the end But where he hath it as Executor there is a mean Lease in reversion for years and hee purchases the reversion in fee the first Lease remains by reason of the mean remainder B Leases 63. And by Hales If a man Leases to another for ten years and after Leases the same Land to another for twenty years the first Lessâ—e purchases the reversion in fee yet the first Lease is not extinct because that the second Lease which is for twenty years is mean betwixt the first Lease and the Fee-simple which is an impediment of the extinguishment 4 E 6. Extinguishment 57. Where an Action by Entry and Feoffment shall be extinguished See Tit Restor al primer action Faits Deeds NOTE If an Action be sued upon a Deed bearing date at Cane in Normandy 5 Dat apud Cane c. That the Plaintiffe shall count that the Deed was made at Cane in Com Kanc and good for the place is not traversable B Faits 95. the end And also where it truth it was written in Cane 't is suable in England where it beares date at large and at no place certaine But if it bee dat apud Cane in Normandy c. quaere If the Action lyes c. Time H 8. Note That 't was agreed by the Justices that this clause which comes after these words In cujus rei c. Sigillum apposui c. is not any part of the Deede though 't were written before the sealing and delivery 1 M 1. B Faits 72. Faits inroll Deeds inrolled Note that a Deed of Husband and Wife shall not be inrolled in the common Bench except for the Husband only and not for the Wife by reason of coverture Nor she shall not be bound with her Husband in a Statute-Marchant nor the like But if they make a Deed inrolled of Land in London and acknowledge it before the Recorder and an Alderman and the Wife examined this shall binde as a Fine at common-Law by their custome and not only as a Deede and it suffiseth without Livery of Seisin 29 H 8. B Faits inroll 14. 15. A man infeoffs the King by Deede and makes Livery this is worth nothing for the King shall not take but by matter of record But if he inroll the Deed then 't is good to the King without Livery for the King takes not by Livery 29 H 8. B. Faits inroll 16. Feoffments 69. Note by the Justices That where two joyn-Tenants are the one aliens all his Lands and Tenements in D after the Statute of Inrollments and before the Inrollment the other joyn-Tenant dies so that his moitie survives to the Vendor and after the Vendor within the halfe yeere inrolls the Deede yet nothing passes but the Moitie for the Inrollment hath relation to the making and delivery of the Deede so that it shall give nothing but that which was sold by it at the time of delivery of the Deede And by more Justices Where a man sells his Land by Deede Indented to one and after hee sells it by another Indenture to another and the last Deede is first Inrolled and after the first Deed is Inrolled within the halfe yeere there the first Vendee shall have the Land for it hath relation to make it the Deed of the Vendor and to passe the Land ab deliberatione facti for the Statute is That a Free-hold nor use of it shall not passe nor change from one to another by bargain and sale only except it bee by Deed Indented and Inrolled within the halfe yeere Ergo if it bee by Deede Indented and Inrolled within the halfe yeere it shall passe as the use might passe at common Law by sale of the Land which was presently
upon the sale 6 E 6. B Faits Inroll 9. Fauxifier Falsefying Where he in reversion shall falsifie a recovery had against Tenant for term of life where not See Tit. Entre Congeable Where the Feoffees may falsifie a recovery suffered by Cesty que use in tayl where not See Tit Entre Congeable 'T was holden that an attaint shall goe with the Land as a Writ of Error shall Time H 8. B Fauxifier 50. the end Faux Imprisonment false Imprisonment 'T is said That a man as Constable cannot Arrest another for an Affray after that the affray is past without Warrant contrary before the Affray and in the time of the Affray c. And the same Law of a Justice of Peace 38 H 8. B Faux Imprisonment 6. the end Faux Judgement False Judgement Note by Fitz for cleer Law That in a Writ of falfe Judgement in nullo est erratum is no Plea for they joyn issue upon some matter in fait certain alledged by the party and shall bee tryed by the Country for 't is no Record contra in Error 23 H 8. B Faux Judgement 17. Fealtie Note in the Chequer That if Land descend to me which is holden of I S by homage and I doe to him homage and after other Land descends to me by another Ancestor holden of him by homage I shall doe fealty but not homage again for I became to him his man before And if both the Tenements are holden of the King by homage he shall not respit both the homages in the Exchequer but one homage only 24 H 8. B Fealty 8. Note in the Exchequer That a Dean and Chapter and other bodies politique shall not doe homage for this shall be done in person And a Corporation cannot appear in person but by Attorney and homage cannot be done by Attorney but only in person 33 H 8. B Fealty 15. Feoffments A man makes a Feoffment of a house cum pertinentiis nothing passes by these words cum pertin but the Garden the Curtilage and Close adjoyning to the house and upon which the house is built and no other Land though other Land hath been occupied with the house 23 H 8. B Feoffments 53. Note by Fitz james ch Justice Englefield Just and divers others where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat of 1 R 2. ca 9. as to a Stranger which shall have an Action for he shall have it against the pernour of the profits but 't is not betwixt the Feoffor and the Feoffee And also a man who vouches by such Feoffment one of the Feoffees the Demandant shall counter-plead by the same Stat because the Feoffment was void And B seems that such Feoffment shall not be a remitter in prejudice of a third person 24 H 8. B Feoffments 19. If a man makes a Feoffment to four and the one of the four makes a letter of Attorney to I N for to take livery for him and his companions who doth it accordingly nothing passes but to him who made the Letter of Attorney only 27 H 8. B Feoffments 67. 'T was said for Law That if a man Leases Land for ten years and the same Lessee lets it over to another for four years the Lessor makes a Feoffment to a Stranger by sufferance of the second Lessee this is a good Feoffment without Attornment of the first Lessee 28 H 8. B Feoffments 68. 'T is said That a Feoffment of a moity is good 31 H 8. B Feoffments to uses 19. If a man makes a feofmēt of a house ac omnia terras tenemeta et hereditamēta eidem messuag pertinen aut cum eodem occupat locat aut dimiss existen by this the Land used with the house shall passe 32 H 8. B Feoffments 53. the end A man makes a Deed of Feoffment to another and delivers the Deed to him in the Land or upon the Land this is a good Feoffment by all the Justices in the Common-Bench 35 H 8. B Feoffments 74. If a man bee seized of one acre of Land in Fee and another is seized to his use in Fee of another acre and hee makes a Feoffment of both acres and Livery of the acre which he hath in possession by this the acre in use passes not though he made the Livery in the one in the name of both for this is not his acre but the acre of the Feoffees and the Stat saies that his feofment shall be good but 't is no Feoffment except hee makes Livery in the same Land Otherwise if Livery were made in the Land in use by reason of the Stat 37 H 8. B Feoffments 77. Feoffments to uses 55. If a Feoffment be made within the vJew when this is pleaded 't is said that expresse mention shall be made in the pleading that the Land was within the vJew Time H 8. B Feoffments 57. the end Feoffment is good of the Land by Deede by Livery of the Deed within the vJew so that the Feoffee enters accordingly But if the Feoffor dies before the Feoffee enters then the Land is discended to the Heir of the Feoffor and the Feoffment shall not take effect Time H 8. B Feoffments 72. A man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to all but if hee Infeoffs twenty without Deed and delivers Seisin to one in the name of all this is no feofment to any but to him who takes the Livery Time H 8. B Feoffments 72. Note that by the Stat of 1 R 2. where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat to all intents Lecture Whorwood 35 H 8. B. Feoffments 19. Feoffments to uses By Shelly Just Where the Father Infeoffs his Son and Heir apparent to the intent to defraud the Lord of his Ward this Feoffment was to the use of the Father during his life and hee takes the profits during his life and so see that uses were in antient times 24 H 8. B Feoffments to uses 20. the end A man makes a Feoffment in Fee to four to his use and the Feoffees make a gift in tayle without consideration to a stranger who had not conusance of the first use habend in tayle to the use of cestuy que use and his Heirs the tenant in tayle shall not be Seised to the first use but to his own use for the Stat of Westm 2 cap 1. wills quod Voluntas Donatoris in omnibus observetur that a man ought to refer his Will to the Lawe and not the Lawe to his Will Also none can bee Seised to the use of another but hee which may execute an Estate to cestuy que use which shall bee perfect in Law which tenant in tayle cannot doe for if hee executes an Estate his Issue shall have
a Formedon And the best opinion that an Abbot Mayor and Commonalty nor other Corporations shall not bee seised to a use for their capacitie is only to take to their own use And also if the Abbot execute an estate the successor shall have a writ of Entry sine assensu capituli and those that are in the â—ost as by Escheate Mortmain Perâ—uisite of Villeine Recovery Dower by the courtesie and the like are seised to their own use and to another use And also the Stat of 1 R 3. is That all Gifts Feoffments Grants of cestuy que use shall be good against all c. saving to all persons their rights and interests in tayl as if this Stat had not been made and therefore Tenant in tayl shall not bee seized to a use And 't was agreed by the Court That the words in the end of the Stat of 1 R 3. saving such right and interest to the Tenant in tayl c. is taken Tenant in tayl in possession and not Tenant in tayl in use for cestuy que use in tayl hath no right nor interest And also here there is a Tenure betwixt the Donors and the Donees which is a consideration that the Tenant in tayl shall be seized to his own use And the same Law of Tenant for term of yeers and Tenant for life their fealty is due and where a rent is reserved there though a use be expressed to the use of the Donor or Lessor yet this is a consideration that the Donee or Lessee shall have it to his own use And the same Law where a man sells his Land for 20. l. by Indenture and executes an Estate to his own use this is a void limitation of the use for the Law by the consideration of money makes the Land to bee in the Vendee Et opinio fuit That a use was at Common-Law before the Stat of Quia emptores terrarum but uses were not common before the same Stat For upon every Feofment before this Stat there was a Tenure betwixt the Feoffors and the Feoffee which was consideration that the Feoffee shall be seized to his own use but after this Stat the Feoffee shall hold de capitali domino and there is no consideration betwixt the Feoffor and the Feoffee without mony paid or other especiall matter declared for which the Feoffee shall be seized to his own use For where the Stat of Marlebr is that a Feofment by the father Tenant in chivalry made to his son by covin shall not toll the Lords Ward c. In these Cases the Feoffor after such Feofment takes the profits of the Land all his life And the same Law by Shelley of a Feofment made by a Woman to a Man to marry her the Woman takes â—he profits after the esponsalls Quaere â—nde for this is an expresse consideration in it self And by Norwich If a man deliver money to I S to buy land for him and he buyes it for himself to his own use this is to the use of the buyer and to the use of him who delivered the mony and there is no other remedy but an action of deceipt 14 H 8. B Feofments to uses 40. Note if a Feofment be made to the use of W N for term of his life after to the use of I S and his Heirs their cestuy que use in remainer or reversion may sell the remain or reversion in the life of W N but hee cannot make a Feoffment till after his â—eath 25 H 8. B Froffments to uses 44. 'T is holden that if the Feoffees seised to the use of an Estate taile or other use are impleaded and suffer the common recovery against them upon bargaine this shall bind the Feoffees and their Heirs and cestuy que use and his Heirs where the buyer and recoveror hath not conusance of the first use And by Fitz it shall binde though they had notice of the use for the Feoffees have the Feesimple Et per plures if cestuy que use in tailâ— be vouched in a recovery and so the recovery passes it shall bind the taitâ— in use s cestuy que use and his Heirs and otherwise not And this B seem to be by the Stat which excepts tenant in taile which is intended tenant iâ— taile in possession and not cestuy que use in taile for cestuy que use in taiâ—â— is not tenant in taile 29 H 8. B Recovery in value 20. Feoffments to uses 56. Feoffees in use make a lease for yeers rendring rent to another who hath notice of the first use yet the Lease shall be only to the use of the Lessee himselfe And the same Law per plures though no rent be reserved And if a man makes a Feofment and annexes a Schedule to the Deed conteyning the use hee cannot change the use after and so if hee expresses the use in the Deed of Feofment but otherwise where hee declares the use by words of his Will s I will that my Feoffees shall bee seized to such a use there he may change this use because by Will c. And that if a Feofment be made to the use of the Feoffor in tail after he execute an estate to him in â—ee the use of the Estate taile is determined 30 H 8. B Feofments to uses 47. If A Covenants with B That when A shall be Enfeoffed by B of three acres of Land in D that then â—he said A and his Heirs and all others seized of the Land of the said in S shall be thereof seised to the use of the said B and his Heirs there if A makes a Feofment of his Land in S and after B Enfeofs A of the said three acres in D there the Feoffees of A shall bee seised to the use of B notwithstanding they had not notice of the use for the Land is and was â—ound with the use aforesaid to whose hands soever it shall come and 't is not like where a Feoffe in use sells the Land to one who had not notice of the first use for in this first Case the use had not being till the Feofment be made of the three acres and then the use doth commence 30 H 8 B Feoffments to uses 50. 'T was doubted if a Recovery had against cestuy que use in taile shall binde the Heir in taile But by Hales Just By such Recovery the entry of the Feoffees seised to the use of the Estate taile is taken away but after the death of cestuy que use who suffered the Recovery the Feoffees may have a writ of right or writ of entry ad terminum qui preteriit in the post or the like And by some there is no use in taile but 't is a fee-simple conditionaâ— at common Law as 't was of the taile before the Stat of W 2. And this Stat makes no mention but of gifts in taile which
barre the demandant by which the demandant recovers and the tenant over in value that this land recovered in value shall not go to me in reversion after the death of the tenant for life nor the reversion of the land recovered in value shall not be in me in the life of tenant for life and so 't is holden at this day 25. H. 8. B. Recovery in value 33. Note by some where a writ of entry in the Post is brought against a husband and wife where the wifis tenant in taile and they vouch overe and so the demandant recovers against the husband and wife and they over in value if the wife tenant in taile dyes and the husband survives this shall not bind the issue in taile for the recompence shall go to the survivor and then it shall not bind the issue in taile Yet B. seems that this opinion is not law for the recompence shall go as the first land which was recovered should go And voucher by husband and wife shall be intended for the interest of the wife 25. H. 8. B. Recovery in value 27. the end Tenant for life the remainder over or tenant in taile the remainder over is impleaded by a writ of entry in the Post and he vouches a stranger the demandant recovers against the tenant and the tenant over in value this shall bind him in remainder by Monntague Just. and others for the recompence shall go to him in remainder But yet in the case of the Lord Zouch and Stowell in the Chancery the law was determined otherwise by all the Justices B. seems the reason because that when he vouches a stranger the recompence shall not go to him in remainder contrary if he vouches the donor or his heir who is privy But after this day many put inâ—ure to bind the remainder 27. H. 8. B. Recovery in value 28. Recovery against Feoffees seised to use in tailes See Tit Feoffements to uses 'T is held that where tenant for life is the remainder over in tail or for life and the tenant for life is impleaded and vouches him in remainder who vouches over one who hath title of Formedon and so the recovery passes by voucher there the issue of him who hath title of Formedon may bring his Formedon and recover against the tenant for life for the recompence supposed shall not go to the tenant for life and therefore he may recover for his ancestor warranted but the remainder and not the estate for terme of life and therefore the tenant for life cannot bind him by the recovery for he did not warrant to him And therefore in such case the sure way is to make the tenant for life to pray in aide of him in remainder and they to joyn and vouch him who hath title of Formedon and so to passe the recovery for there the recompence shall go to both 30. H. 8. B. Recovery in value 30. 'T was agreed that if tenant in taile the reversion to the King suffers a recovery this shall bind him and his issue but not the King by the common law See now the Statute of thereof that it shall not bind the issue 33. H. 8. B. Recovery in value 31. Taile 41. the end Relation Where an office found for the King shall relate where not See Tit. Intrusion Of the Relation of an Act of Parliament See Tit. Parliament Note that the attainder of Treason by Act of Parliament shall not have elder relation then to the first day of the Parliament except it be by speciall words that he shall forfeit his lands that he had such a day and after 35. H. 8. B. Relation 43. 'T is held for good Law that by attainder of felony by verdict a man shall forfeit all his lands that he had the day of his felony done or ever after for this shall have relation to the Act contra upon an attainder by out lawry For B. seems there that he shall not forfeit but those which he had the time of the outlawry pronounced or after for outlawry hath not relation as a verdict hath Time H. 8. B. Relation 42. the end Relation of an Inrolment See Tit. Faitz inrol Releases Husband and wife purchase in fee and after they lease for years by Indenture and after the husband releases to the lessee and his heirs this is no discontinuance and yet this gives a freehold to the lessee during the life of the husband Per plures without doubt 29. H. 8. B. Releases 81. G. Chancery was possessed of an Indenture and lost it and I. S. found it to whom the said G. C. released all actions and demands and after the said I. S. gave the same Indentrue to John Tison and after the said G. C. brought in action of detinue against the said I. T. who pleaded that the said I. S. found the Indenture and that the said G. C. released to the said I. S. all actions and demandes and after the said I. S. gave the said Indenture to the said I. T. Judgment if action And t' was agreed in the common Bench the case being of land demanded ibidem that this is a good barre and that the release of all demandes shall exclude the party of seisure of the thing and of his entry into the land and of the property of the chattell which he had before And it was moved in the Kings bench and they were of the same opinion and said that the reason is because that entry in land and seisure of goods are demandes in Law 34. H. 8. B. Releases 90. Relief See Tit. Debt Remainder See Tit. Discent Remitter No Remitter against an Act of Parliament See Tit. Parliament Note a Per curiam if Tenant in Taile makes a Feoffement to his use in Fee before the statute of uses made 27. H. 8. and dyes before the said Statâ—te his heir within age and after the Statute is made before the full age of the heir by which the heir is in possession by the Statute he shall not be remitted by it Contrary of a discent after the Satute for this shall be a remitter 34. H. 8. B. Remitter 49 If a man hath a Tittle of entry and not a right of entry as by escheat mortâ—maine assent by a woman to a ravishoâ—â— and the like and takes an estate of thâ— terretenant he shall not be remited for he hath but a Tittle And a maâ— cannot be remitted but in respect oâ— a right before as where a man is diâ—seised and takes an estate of the disseisor he is remitted for he had a right of entry before And the same Law where a man decaies his Tenements or converts Land from tillage into pasture against the Statute and makes an estate for life to his Lord he shall have no other estate for he had but a Title of entry and not a right of entry Quaere for Non adjudicatur 34. H. 8. B.