discern by the Degree of Parentage in the Lord Coke upon Lit. fol. 15. Yet it may be here to the purpose in hand and expected that something more be said concerning the Descent of Lands Therefore take these Rules following borrowed from Mr. Noy that Learned Expositor of the Law Nota That Lands or an Estate of Inheritance which is to a Man and his Heirs for ever doth always descend for it may not lineally ascend from the Son which is seized in Fee and dieth to his Father but descendeth to his Uncle or Brother and to his Heirs which is the next of the whole Blood for the half Blood shall not Inherit but the most worthy of Blood as of the Blood of the Father before the Mother and of the elder Brother before the other if Born within Espousals See Noys Max. p. 22. But note That if Lands be once setled or entailed in the Blood of the Father the Heir of the Mother shall never have them because they are not of the Blood of him that was last seized Idem page 23. For a Descent shall be intended to the Heir of him that was last actually seized Idem p. 22. And if a Man disseiseth another and dieth seized and his Heir entreth or maketh a Feoffment to another in Fee or in Tail and he dieth and his Heir entreth these Descents put the disseised c. from an Entry Noys Max. p. 34. But a dying seized of a Term for Life or of a Remainder or Reversion doth not take away an Entry for he must die seized in Fee Idem pa. 34 35. The Sister of the whole Blood where her elder Brother did enter after the death of his Father shall inherit before his Brother of the half Blood or any other Collateral Cousin Ibid. Yet notwithstanding such a one may be Heir to a Common Ancestor as if the Land Rent Advowson or such like do descend to the elder Son and he die before any Entry or Receipt of the Rent or Presentment to the Church c. then the Heir of him that was last actually seized shall Inherit as the younger Son c. and the reason is because that in all Inheritances in Possession he which claimeth Title thereunto as Heir ought to make himself Heir to him that was last actually seized Idem p. 22 23. Note The Possession of a Lessee for Years or of a Guardian shall invest the actual Possession and Frank-tenement in the elder Brother Idem p. 23. But if he die seized of a Reversion or Remainder or an Estate for Life or in Tail there he which claimeth the Reversion or Remainder as Heir ought to make himself Heir to him that had the Gift Ibid. And so in case of a Purchase it shall descend to the Heir of the Blood of the first Purchasor As if the Father purchase Land and it descendeth to his Son who entreth and dieth without Heirs of the Fathers part then the Land shall descend to the Heirs of the Mother of the Father or of the Father of the Father as the Heirs may be and not to the Heirs of the Mother of the Son although they are more near of Blood to him that was last seized yet they are not of the Blood of the first Purchasor Ibid. If the Heirs be Females in equal degree as Daughters Sisters Aunts c. they shall Inherit together and are but one Heir and are called Parceners Idem p. 24. But note If a Man be seized of Lands or Tenements to hold to him and his Heirs for ever It is the best Inheritance a Man may have and he may Sell or Grant or make his Will of those Lands but if otherwise he die they do descend to his Heir of the whole Blood ut supra with respect to the several Cases c. See Idem pa. 20. Property by Escheat It where the Owner of Land dieth in possession without Child or other Heir then the Land for lack of Heir is said to escheat to the Lord of whom t is holden And it is to be understood That all Lands are said to be holden of the Crown either immediately or mediately and the Escheat pertaineth to the immediate Lord not to the mediate Lord See Camb. Brit. pag. 93. Cowels Interp. Tit. eod ' The lack of Heir happeneth principally in two Cases Magna Charta 31. Fitz. N. B. fol 143. T. c. the one where the Owner of the Land is a Bastard the other where the Owner is attainted of Treason or Felony for neither can a Bastard have an Heir unless he be his Child nor a Man attainted of Treason or Felony have any Heir though he be his own Child Property by Conveyance 4. Divers Estates by Conveyance Is distributed into divers Estates Viz. for 1. Years 2. Life Viz. in 3. Tail 4. Fee simple And these Estates are created either by Word Writing or Record 1. By Word or Parol By Parol as Leases for Years 2. By Writing By Writing as by Indenture Grant c. 3. By Record By Record as by Fine Bargain and Sale c. But note Nota. That Leases parol are void if they exceed three Years from the making and if they do not exceed yet two third parts of the improved value of the thing demised must be reserved to the Landlord See Stat. 29 Car. 2. Leases for Years 1. Of Leases for Years are mostly made by Indenture by words of Demise Grant and to Farm let with such Conditions and Covenants as the parties agree upon Co. Lit. fol. 45. Bro. Leases 60. 67. h. And such Leases be called Chattels Real They are called Chattels Real c. and are not inheritable by Heirs but go to the Executors or Administrators they be saleable for Debt in the Life of the Owner or in the Executors or Administrators hands by Writ of Execution They be forfeited to the Crown by Outlary Are saleable c. or by Attainder for Felony Treason or Praemunire c. 32 L. Ass pl. 6. See Wentworths Executor pa. 76. If a Lease be for 500 Years it is but a Chattel Extents for Debts are of the same Nature as Leases for Years and cannot be entailed Registr Practical p. 192. Of like nature are Interests gotten in other Mens Lands by Extents for Debt upon Judgment in any Court of Record upon Statute-Merchant or of the Staple or Recognizances and the Tenants thereby are called Tenants by Elegit All these also be called Chattels Real and do go to the Executors or Administrators and not to the Heir and are saleable and forfeitable as Leases for Years are Idem pa. ead See more hereafter Ch. 2. Leases for Lives Are called Freeholds 2. Leases for Lives are Freeholds Bract. lib. 2. c. 9. which are also made by Writing or Record And when by Writing there must be Livery and Seisin given at the making of the Lease the manner of which Livery and Seisin is set
after his death she may enter though she had joyn'd in the Surrender and notwithstanding that She is not bound he to whom the Surrender was made died seized of the Land in Fee and his Heir be in by descent Perkins sect 112. She shall be bound But if a Feme-sole who is Lessâ—… for Years of House or Land taketh a Husband who surrendreth anâ— dieth before the Years are out here she shall be bound by this Surrender Ibid. sect 113. Good Surrender And if Tenant in Dower iâ— Land granteth her Estate unto him in the Reversion this is a Surrender Ibid. 623. If one hold Lands for Life How surrender taketh effect the Remainder to a Stranger for Years and if the Lessee for Life surrendreth unto him in Remainder it shall not take effect because that an Estate for Life cannot drown in an Estate for Years Perkins sect 589. If a Copyholder for Life surrender to the use of another Estate detertermined who is â—dmitted by this the Copyholders Estate is clearly determined But if a Copyholder in Fee surâ—ender to the use of another for Life Revived after his Death he shall have â—t again 1 Cro. 148. A Joynt-Tenant Joynt-Tenant cannot surrenâ—er to his Fellow Noys Max. 73. Lessee for Years Lessee for Years cannot surrender â—efore his Term begin though he â—ay grant also he cannot surrenâ—er part of his Lease Ibid. The Husband may surrender the Wifes Dower for his Life Husbands surrender of his Wifes Estate as beâ—ore and her Lease he may surrenâ—er for ever Noy 74. Note How it effecteth That those things which â—annot take effect without Deed â—annot be surrendred without Deed â—xcept in some special Cases By Deed. And therefore if a Man seized of Rents Tithe Common c. granteth the same for Life or Years the Grantee cannot surrender them without Deed Perk. sect 581 582 584. But that those things that may not be granted without Deed may be determined by the surrender of the Deed Surrender of Deed. to the Tenant of the Land Noys Max. p. 73. Confirmation Defined Confirmation is a strengthening and making good of an Estate formerly had and yet voidable or defeasible though not presently void by him which hath a better or longer Estate in the thing granted than the Tenant thereof hath Lit. sect 522. West page 1. Lib. 2. sect 457. And it is made by the words have ratified approved and confirmed similia Defined Noy in his Max. saith Confirmation is when one ratifieth the Possession as by Deed to make his Possession perfect or to discharge his Estate that may be defeated by anothers Entry Noys Max. p. 76. Landlord and Tenant p. 106. saith A Confirmation is the Conveyance of an Estate or Right that one hath unto Lands or Tenements to another that hath the Possession thereof or some Estate therein Defined whereby a voidable Estate is made sure and unavoidable or whereby a particular Estate is increased and â—nlarged and though sometimes it may pass by the words dedi conâ—essi yet the most proper words â—re confirmavi ratificavi approâ—avi which do signifie ratum firâ—um facere supplere omne defectum â—nd he that makes the Confirmaâ—ion is called the Confirmer and â—e to whom 't is made the Conâ—rmee Co. Lit. 295. Bract. 1. Lib. 2. â—8 And there are two kinds of Conâ—â—rmation Two sorts of Confirmations Confirmation in Deed â—he other implied by Law Conâ—irmation by Deed is when the Act done or Deed made is inâ—ended for a Confirmation Conâ—irmation implied Implied is when the Law â—y construction makes a Confirmation of a Deed made to another purpose and both these are always in Writing Co. Rep. 9. fol. 142. Co. Lit. fol. 295. Shephards Touch-stone C. 18. p. 311. Where it effecteth If a Tenant for Life will granâ— a Rent-charge in Fee then hâ— in the Reversion may confirm the same Grant where a Man by his Entry may defeat an Estate there by his Deed of Confirmation he may make the Estate good Noyâ— Max. 77. The words A Confirmation to charge aâ— Estate must have words to shew what Estate he shall have Ibid. A Confirmation cannot chargâ— Cannot effect an Estate that is determined by express Condition or Limitation Ibid. Confirmation to Tenant for Life of his Estate only for an hour shall be good for Life For an hour good for Life and so 〈◊〉 made to a Tenant in Fee it shalâ— be good for ever Ibid. A Lease for Years may be confirmed for a Time or upon Condition Upon Condition or for a piece of the Land Ibid. But if a Franktenement be as afore it shall enure to the whole absolutely Noy Ibid. To confirm the Estate of Tenant for Life to his Heirs Word Heirs to be observed cannot be but by Habendum the Land to him and his Heirs and therefore it is good to have such an Habendum in all Confirmations Ibid. In a Confirmation new Service may not be reserved and old may be abridged Ibid. Confirmation hath relation to release and where he that as before hath a better Title in the Land than the Tenant releaseth to the Tenant this is a Confirmation West pa. 1. Lib. 2. sect 457. A Confirmation made by him that at the time of the making thereof had no Right is void Noys Max. p. 74. And so if a Right come to him afterwards unless it be with Warranty and then it shall bar him of all Right that shall come to him after the Warranty made Ibid. Where voidable But note A Confirmation made to one Disseisor shall be voidable to the other so shall not a Release Ibid. p. 77. Note That if the King for him and his Heirs grants Catalla felon ' fugitivorum or the like which is in grant and dies the Grantee needs no Confirmation of the new King Where necessary but if it be a Fair or Market or the like and it is abused or misused as it may be or if it be a judicial or ministerial Office or Power as to be a Justice oâ— Peace Escheator or the like there he ought to have a Confirmation of the new King See Brooks Tit. Confirmation 19 29. 1 R. 3.4 In a Confirmation it is not amiss in the Premisses of the Deed specially to recite the Estate Estate to be recited of the Tenant which must be confirmed and also the Estate of him that shall confirm and to expresâ— the Consideration thereof if any such be West Symb. part 1. Lib. 2 sect 457. Revocation and New Declaration This seems to be dependant upon some former Deed or Conveyance being a Reservation by Covenant to revoke a Precedent and by Declaration to create a new Estate of the Lands after which the Lands settle accordingly Will. The last of these Conveyances â—s a Will in Writing Wills in Writing which course
THE ART OF CONVEYANCING ARS CLERICALIS THE ART OF Conveyancing EXPLAINED Being a Collection gathered with great Care and Industry out of the many Books of the Law Wherein the Nature and Effect of such Deeds and Instruments by which Lands are conveyed from one Man to another are clearly demonstrated Also the Forms and orderly Parts which ought to be observed in Deeds and Conveyances are laid open and explained By R. G. Gent. LONDON Printed by the Assigns of Richard and Edward Atkins Esquires For Thomas Basset at the George near St. Dustans Church in Fleet-street 1690. TO THE READER THE Law of England consists of several curious Parts or Branches some whereof have relation to the Theory others more immediately to the Practice Of the later not one hath given greater Reputation or contributed more to the enriching its Professors than the Art of Conveyancing which proceeds chiefly from the Necessity attending it in regard no Estate or Property can possibly be setled or secured without it There are several Books indeed in all Volumes already extant of Conveyanceing but many of them being desicient either in Matter or Form heap't together without Judgment and backt with no manner of Authority do instead of instructing the Tyro's of the Law lead them into manifest Errors neither is any of them express upon this Subject though most of them treat something thereof Therefore to demonstrate to the World by a small Essay what may be further performed in this Nature by more time and thought this little Tract hath ventured abroad â—eing a brief Collection out â—f those many Books where â—ou have a Prospect altogether and in Order not â—rowded with Precedents nor mixt with improper Matter but full and clear to the understanding of the whole Art and scarce a Paragraph in the whole but what is warranted by two or three Authorities It was chiefly intended for a help to Young Clerks though perhaps none of the old Ones will have occasion to repent the perusing it 'T is true there is no new Invention in it as to Matter neither indeed can it be expected in Books of this Nature which are or ought to be govern'd by Authorities and Precedents and as to the Form or Method 't is wholly new and perhaps more compact and orderly than any Book of this kind Vale fruere THE CONTENTS THIS Treatise is divided into six Chapters CHAP. I. Shews how Property in Lands is â—en and transferred from one to â—ther CHAP. II. Shews the Nature and Effect of such â—â—eds by which Lands usually pass â—nd are conveyed from one to anoâ—hâ—r CHAP. III. Shews the Forms and orderly Parts â—hich ought to be observed in Deeds â—nd Instruments CHAP. IV. Shews what Things are required tâ— the perfecting a good Deed or Instrument CHAP. V. Shews the Form and Effect oâ— Livery of Seisin and Attornment c. And what is a Reversion Remainder and particular Estate c. CHAP. VI. Shews the several Ways whereby Men get Property in Goods and Chattels Advertisement LEgis Series Or the Process of the Law in order with some Entries both in Kings Bench and Common Pleas useful for Young Clerks to direct them in their first â—teps to Clerkship per R. G. Gent. price 6 d. CHAP. I. Shewing how property in Lands is gotten and transferred from one to another Of Property in Lands THE intent of this Treatise being to lay down and explain the Art of Conveyancing whereby the property in Lands is transferred from one to another I shall first shew the several ways by which property in Lands is or may be gotten And note That property in Lands is gotten and transferred from one to another four ways Viz. 1. Entry 2. Descent 3. Escheat 4. Conveyance I. Property in Lands by Entry Property by Entry formally and strictly taken was where a Man found a piece of Land that no other possessed or had Title to and entred thereon This Entry gained him the property of it and this seemeth to be grounded upon the Text Terram dedit Filiis hominum c. In the Case of Occupancy Occupancy which ariseth by Conveyance as Where Lands are conveyed to A. for the Life of B. and A. dies without making any Estate or Assignment thereof here whosoever first entreth after the death of A. getteth property in that Land during the Life of B. for the Land cannot revert to him that leased to A. till B. die and to the Heir of A. it cannot go for it is not any Estate of Inheritance nor descendable to the Heir without special words And as for the Executors of A. they cannot have it for that it is not an Estate Testamentary to go to them as the Goods and Chattels do so as in truth no Man can entitle himself to the Land and therefore the Law preferreth him that first entreth and he is called Occupans and shall hold it during the Life of B. but yet such a one must pay the Rent perform the Conditions and do no wast or harm N. B. fol. 83. Co. Lit. 41. But this Estate of the Occupant may be prevented at the making of the Grant 1. Occupancy how prevented by adding these words To have and to hold to A. and his Heirs during the Life of B. for then t is descendable to the Heir It may also be prevented after â—he making of the Grant or Lease for Life though the word Heirs be â—mitted by assigning the Estate â—ver to some Friends and their Heirs 〈◊〉 trust during the Life of B. c. â—o Lit. fol. 41. Shepards Touchstone â—ag 108. And note that the Statute 29 Car. 〈◊〉 29 Car. 2. hath provided That the Lessee â—r Grantee may devise such Estate or anothers Life by his Will in â—resence of three or more Witâ—esses If he devise it not Ibid. and his Heir â—ecome Occupant it shall be chargeble in his hands as Assets by Deâ—ent as in case of Lands by Fee-â—mple Stat. eod ' And in case there be no special Occupant Ibid. then it shall go to the â—xecutors or Administrators of the party that had the Grant and shall be Assets Stat. eod See the Statute Property by Descent 2. Inheritance is Fee-simple to a Man and his Heirs for ever Property in Lands gotten by Descent is where a Man having Lands of Inheritance dieth not making any disposition thereof but leaveth it to go as the Law appointeth and the Law appointeth that it be cast upon the Heir that is called a Descent in Law and upon whom this Descent is to light is the question Now Descent is either Lineal Lineal Descent or Collateral Lineal Descent is conveyed downward in a right-line from the Grand-father to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Descent Collateral Descent is springing out of the side of the whole Blood as Grand-fathers Brother Fathers Brother c. as you may plainly
1688. Attorn and become Tenants unto the above named A. B. according to the purport of the Lease within mentioned Notice of the Grant having notice of the said Grant and for proof thereof every one of them did give unto the said A. B. one Peny in the Name of Attornment Witness hereto G. H. I. K. L. M. Here let the Tenants set their Names A. B. C. D. E. F. It may be indorsed together with the Livery of Seisin Indorsed with Livery of Seisin to an Attorny thus Memorandum That Possession and Seisin of the Lands and Tenements within mentioned was taken by c. and afterwards delivered to the within written S. P. 10. die Junij Anno Domini 1688. to the use within written And also the same day the within named J. V. Tenant of the Premisses for the Term of his Life Quere if the Tenant that attorns be named in the Deed otherwise that Clause to be left out did attorn Tenant to the said S. P. according to the Tenor of this present Deed and the said J. V. did give unto the said S. P. one Peny in the name of Attornment in the presence of It may be declared by Deed Poll thus Attornment declared by Deed Poll. To all People c. I A. B. of c. send greeting Whereas I the said A. B. have and hold for the Term of my Life one Tenement with the Appurtenances lying and being in c. the Reversion of which said Tenement should belong to one C. D. and being at present satisfied that the said C. D. hath by his Deed bearing date c. granted bargained sold and confirmed unto E. F. of c. the Reversion of the said Tenement as by the said Deed may appear Know ye that I the said A. B. Tenant of the said Tenement of my free will have attorned unto the said E. F. by payment unto him of one Peny in the name thereof and do by these Presents as much as in me lies ratifie and confirm unto the said E. F. the Reversion aforesaid In witness c. See West Symb. part 1. Lib. 2. sect 383 384 385 c. Note A voluntary Attornment where it is needful may be made by an Infant Voluntary Attornment by an Infant or one that is Deaf and Dumb may do it by signs but one that is not Compos mentis cannot make an Attornment Co. Lit. fol. 315. Co. Rep. fol. 84. Note It must be certain Certainty Co. Lit. 310. In all Cases for the most part where there is no means provided by Law to compel the Tenant to attorn in such Cases Attornment Deed or in Law is not necessary Where it needs not as in the grant of a Seigniory c. by Letters Patents from the King or where such things are granted by matter of Record from a Subject to the King but a Seigniory a Rent-charge a Remainder or a Reversion will not pass without Attornment but by matter of Record Co. Lit. 314 321. Co. 6. Rep. 68. Noys Max. p. 64. Attornment necessary upon a Devise Devise Noys Max. p. 65. In all Cases where tho Grant is in the personalty there needs no Attornment Needless as in Annuities which do charge the Person only and not the Land And in all Cases where there is an Attornment in Law there needs none in Deed M. 3. Jac. in C. B. agreed in Curnocks Case Noy saith in his Maxims p. 65. That if the Tenant have true notice of all the Grant then such Attornment is void Void Attornment But quere Common of Pasture for a certain number or Common of Estovers certain will pass by Granâ— without Attornment Needless for where there is no Tenure Attendance Remainder Rent or Service to be paid or done Attornment is not necessary 31 H. 8. 59. Kitchin 103. a. Note Attornment is a solemn Act and ought to be done Time when it must be done so that notice may be taken of it and therefore Attornment after Sun-set is not good for it shall not be presumed that notice can be taken in the Night M. 23 Car. 1. in B. R. Registr practicale p. 30. Concerning Possessions The difference between Possession and Seisin Difference of Possession and Seisin is A Lessee for Years is possessed Possession what and yet the Lessor is still seized and therefore the Terms of the Law are That of Chattels Seisin what a Man is possessed whereas in Feoffments Gifts in Tail and Leases for Life he is called seized Noys Max. page 20. Of Estates And note that all Estates that have their being are in Possession Reversion Remainder or in Right but of all these Possession is the principal Idem page 119. There are two Degrees of Possession in Law and Deed. In Deed is the actual Possession Possession in Deed. In Law In Law is that Possession which the Law it self casteth upon a Man before any entry or pernancy of the Profits Example As where the Father dieth seized of Lands in Fee and the same is to descend to the Son as his next Heir in this Case before any Entry the Son hath a Possession in Law Ibid. p. 120. And so of a Reversion expectant Reversion Expectant c. or a Remainder dependent upon a particular Estate for Life Example As if Tenant for Life die he in Reversion or Remainder before his Entry hath only a Possession in Law And note That all manner of Possessions that are not Possessions in Fait or Deed are only Possessions in Law Noys Max. p. 120. Of a Particular Estate A Particular Estate is such as is derived from a General Estate Defined by seperation of one from the other Noys Max. p. 117. As an Estate Tail for Life or for Years created by Gift or Grant out of a Fee-simple is in the Donee or Lessee a particular Estate in Possession derived and separated from the Fee-simple Ibid. similia And of particular Estates Twofold some are created by Agreement between the Parties and some by Act of Law By Agreement By Agreement as those before specified By Law By Law as Estates in Tail after possibility of Issue Extinct Estates by the Courtesie of England Dower c. for in Dower the Party is compellable by Law to compleat the Estate Ibid. Of a Remainder Defined A Remainder is the Residue of an Estate at the same time appointed over and must be grounded upon some particular Estate given before granted for Years or Life and so forth Noys Max. p. 31. When it begins And ought to begin in Possession when the particular Estate endeth there may be no mean time between either by Grant or Will Ibid. Where cannot be No Remainder can be made oâ— a Chattel Personal A Remaindeâ— cannot depend on a Matter ex posâ— facto to be done in futuro as upon Estate Tail upon Condition thaâ— if the Tenant
Example his eldest Son being possessed and the youngest Son entreth and is disseized and a Fine with Proclamation levied and after the eldest Son is deraign'd i. e. discharged of his Profession or Religion It seemeth he is bound to no time So if the Husband levy a Fine of his own Lands Dower whereof his Wife is Dowable and die and five years pass she is not barred of her Dower for before his Death she had only a Possibility and not any Title to Dower Plow fol. 373. a. And if Strangers have several future Rights by divers Titles growing at several times Several future Rights growing at several times they shall have several five years from the time that their several Titles first accru'd unto them Ibid. Strangers having neither present nor future Right And Strangers to Fines having neither present nor future Right to the Tenements in the Fine but unto some thing in or issuing out of the same as Rent Common Way Estovers or any such charge out of the Land seem not barrable at all For it seemeth that these Fines extend only to bind the Estate Title Right Claim Entry and Interest in and to the Land and no Profits to be taken out of the Lands nor to take power given to Executors or others to sell the Land Brook Tit. Fines 123. It is a good plea to a Fine Plea to a Fine that a Stranger was seized to say That J. S. was seized at the time of levying it and before without that That the Parties to the Fine had any thing therein at the time of the Fine levied 9 H. 4. 27. 3 H. 6.27 Or that the Parties to the Fine had nothing Plea that the Parties had nothing c. But that A. B. had whose Estate he hath 33 H. 6. 18. 26 H. 6. 9. 42 E. 3.20 4. H. 4.8 4 H. 7. cap. 24. If there be two of one name Two of one Name and the one levy a Fine of the Lands of the other the other may avoid it by pleading likewise the Owner of the Land may aviod the Fine levied by a Stranger in his name Fine how to be avoided because it is a matter of Record and there is no other remedy except an Action of Deceipt 34 H. 6. 19. But neither Parties to Fines Pleas not allowable nor their Heirs may plead that before at and since the levying the Fine the Plaintiff or their Heirs were always seized of the Lands in the Fine or of parcel thereof 27 E. 1. cap. 1. Tenant in Remainder in Fee Averment of him Remainder in Fee may aver the continuance of Possession against a Fine sur Cognizance de Droit come ceo c. levied by Tenant in Tail 12 E. 4. 12. because he is neither the Party nor his Heir The Reason and so may a Feme-Covert where her Husband sole levyeth the Fine Ibid. Issue in Tail may aver continuance of Possession Continuance of Possession against a Fine sur Cognizance de Droit tantum but not against a Fine sur Cognizance de Droit come ceo que il ad de son done because that Fine is executed and the other only Executory 12 E. 4. 15. 19. 11 H. 4. 85. And lastly Note that if the use of a Fine be not declared before nor after the Fine levied it shall be intended to the use of the Cognizor Use of a Fine not declared remains to the Cognizor and his Heirs See West Symb. Tit. Fines Of Recoveries Recoveries are either feigned That is Common or True that is actual by Judgment The end and effect of a Common Recovery is to discontinue and destroy Estates Remainders and Reversions and to bar the former Owners thereof West part 2. Symb. § 1. And it is used for assurances of Land where the Parties do agree that one shall bring an Action Real against the other that hath the Free-hold of those Lands as though he had good Right to the Lands and the other shall not make defence against it The form of it but shall alledge that he bought these Lands of A. B. who hath warranted them to him and prays that A. B. may be called to defend the Title and A. B. shall vouch to warranty H. H. who is called the common Vouchee Common Voucher unless it be in special Cases where some others are to be and must be vouched thereby to cut off Remainders which Vouchee shall appear as though he defended and pray that day for defence and after a day being given him by the Court maketh default and thereupon the Court is to give Judgment Judgment against him which Judgment cannot be for him to lose the Land because he hath it not but the Party to whom he sold it who called him to warrant it Therefore first the Demandant against whom there is no defence must have Judgment to have the Land against him that he sued who is called the Tenant and the Tenant is to have Judgment against the first Vouchee c. And by this Devise grounded upon the strict Principles of Law the first Tenant loseth the Land Tenant loseth his Land by Agreement and hath nothing for it but it is by his own Agreement and for the Assurance of him that buys the Land The Effects of Recovery The Recovery bars Intails and all Remainders and Reversions that should take place after Intails saving where the King is the Giver of the Estate Tail and keepeth the Reversion in himself It prevaileth not where the King has the Reversion and then the Heir in Tail nor the Remainder or Reversion is barr'd by such Recovery 23 H. 8. b. The Reason why the Heir c. is barred by such Recoveries The Reason why the Heirs of the Remainders and Reversions be thus barr'd is because in strict Law the Recompence adjudged against the Vouchee is to go in succession of Estate as the Land lost should have done and then it were not reason to allow the Heir liberty to keep the Land and also to have a Recompence in value therefore he loseth the Land 23 H. 8. and is to trust to the Recompence This sleight was first invented Recoveries when first invented when Intails fell out to be inconvenient as is before declared so that Men made no Conscience to cut them off if they could find Law for it and now by use these Recoveries are become common Assurances against Intails and against Remainders and Reversions and are the greatest Assurances that the Purchasors have for their Mony Are the greatest Assurances for Purchasors for a Fine will bar the Heirs in Tail but not the Remainders or Reversions but a common Recovery bars them all And this common Recovery is used The use when a Man is desirous to cut off an Estate Tail in Lands or Tenements to the end to sell give or bequeath it as himself seeth good There is also a
Max. p. 76. quod bene nota Nota Mr. Noy here by Franktenement means him that hath Fee-simple yet a Man is said to have Free-hold if he holdeth either in Fee Fee-Tail or for Term of Life Bract. Lib. 2. cap. 9. The new Law Terms Tit. eod Brit. cap. 32. saith Franktenement is a Possession of the Soil or Services issuing out of the Soil which a Free-Man holdeth in Fee to him and his Heirs or at the least for the Term of his Life See Cow Interp. Tit. Freehold Assignment Defined Assignment is the appointing or setting over a Right unto another And there is an Assignee in Deed and an Assignee in Law Assignee in Deed and Law he in Deed In Deed. is such a one as to whom a Lease Estate or Interest is assigned He in Law In Law is he whom the Law so maketh without any appointment as an Executor is an Assignee in Law Vide Dyer fol. 6. nu 5. The difference betwixt an Assignee and Deputee Assignee and Deputee the difference is said to be for that the Assignee occupieth in his own Right the Deputee in the Right of another Vide Perkins in Grants If the Lessee for Years assign over his Term and die his Executors shall not be charged Executors not charged for Rent due after his death Noyâ— Max. 71. And if the Executors or Administrators of a Lessee for Years assign over their Interest an Action of Debt doth not lie against them for Rent yet it seemeth that the Lessor must have notice of the Assignment Notice of Assignment and consent to it Noy 71. See Moor Rep. Marrow and Turpins Case and 3 Co. Walkers Case If a Lessee for Years assign over his Term the Lessor may charge which of them he will but if he accept the Rent Acceptance of Rent from the Assignee knowing of the Assignment he hath determined his Election Barreth and cannot afterward bring an Action of Debt against the Lessee for Rent due after the Assignment Co. 3. Rep. â—ol 24. Bulstr 2 part 151. Herns Law â—f Convey p. 110. If the Lessor grant away the Reversion after the Assignment of â—he Lessee in this case the Grantee â—annot have an Action against the â—essee for the Rent because there 〈◊〉 no privity between them Privity between the Parties but â—e is left to his remedy against the Assignee Poph. Rep. 55. Brownlows 〈◊〉 part p. 56. An Assignee of Lands Assignee may pay Mony to save the Land if he be â—ot named in the Condition yet â—e may pay the Mony to save his â—and Noys Max. p. 72. But he shall receive He shall not receive none if he be not named and the Tender shall be to the Executor of the Feoffees Ibid. Assignee shall always be intended Who shall be intended an Assignee he that hath the whole Estate of the Assignor that is assignable and if there be an Assignee in Deed an Assignee in Law will not be allowed Noy Ibid. In Assignments it is necessary to have Covenants of the Assignors part to save harmless of former Rents Grants and Charges and for the delivery of former Deeds that he is Owner in Possession and hath power to grant and assign c. That the Assignee may quietly enjoy c. and to make further assurance c. And on the Assignees part to pay the Rents and perform the Covenants c. West part 1. Lib. 3 § 453. But this may be done by Bond. Exchange Exchange Exchange what permutatio Mr. West in his Symb. part 1. Lib. 1. sect 33. saith Permutation or Exchange is a nameless Contract consisting in the thing and consent by which one certain thing is given and exchanged for another and albeit it counterfeits Buying and Selling very near yet because it cannot be discerned thereby whether is the Buyer and whether the Seller it cannot usurp that Title In Exchange both the Estates must be equal Estates must be equal there must be two Grants and in every Grant mention must be made of this word Exchange Noys Max. p. 60. It may be done without Livery of Seisin Without Livery of Seisin if it be in one Shire or else it must be done by Indenture and by this word Exchange or else nothing passeth without Livery Ibid. p. 61. Exchange importeth in the Law Condition of Re-entry Importeth Re-entry and a Warranty Voucher and Recompence of the other Land that was given in Exchange An Exchangeâ— may re-enter upon an Assignee Ibid. Surrender Defined Surrender is an Instrument testifying with apt words that the particular Tenant i. e. Tenant foâ— Life or Years of Lands or Tenements doth sufficiently consent That he which hath the next mediate Remainder or Reversion thereof shall also have the particular Estate of the same in Possession and that he yieldeth or giveth the same to him For every Surrendeâ— ought forthwith to give a presenâ— possession of the thing surrendred unto him which hath such an Estate where it may be drown'd West Symb. part 1. Lib. 2. sect 460. Noys Max. p. 73. Two sorts And there are two manners of Surrenders viz. A Surrender in Deed and a Surrender in Law Now a Surrender in Deed In Deed. is that which is really performed as by Writing and also when the words of the Lessee to the Lessor prove a sufficient assent that he shall have again the thing which he holdeth of his Lessor if the Lesâ—or do agree to it it amounts to 〈◊〉 Surrender in Deed Perkins sect 606 607 608. 6 E. 3. 7. A Surrender in Law In Law is in inâ—endment of Law by way of consequent and not actual as if 〈◊〉 Man have a Lease of a Farm â—nd during the Term he accept â—f a new Lease this Act is a Surâ—ender in Law of the former Lease Perk. ibid. 6 Co. fol. 11. b. And note Agreement or disagreement The Lessee cannot â—urrender to his Lessor against his will but if he to whom the Surâ—ender is made once agree to it he cannot afterwards disagree thereunto Perk. ibid. As if the Lessee for Life or Years of Land say that his will is Example that his Lessor shall enter into the Land which he holdeth of him and shall have the same again if the Lessor agreeth thereunto and by force thereof entreth this is a good Surrender Ibid. A good Surrender And if the Lessee cometh and saith unto his Lessor That he will occupy the Lands no longer Note a Surrender in Deed must have sufficient words to prove assent and agreement and the Lessor by force thereof doth enter this is a good Surrender for the Agreement and Entry hath confirm'd it and so of the like Perk. 109 Herns Law of Con. p. 76. Husband surrendreth Wives Dower If a Woman being Tenant in Dower taketh a Husband who surrendreth the Land which he holdeth for her life and in her Right
such Lands or Tenements of the Chief Lord of the Fee by the same Services and Customs by which his Feoffor before held the same which Statute was made for the advantage of Lords And at this day where the Fee-simple passeth the Tenendum must be of the Chief Lords of the Fee c. for no Man since the said Statute could ever convey Lands in Fee to hold of himself except the King And note That where Lands c. are conveyed in Fee though there be no Tenendum at all mentioned yet the Feoffee shall hold the same in such manner as the Feoffor held before Quia fortis est Legis Operatio the Statute so determines Noy 151 152. Thirdly The Reddendum which reserves some new Thing to the Grantor c. and is usually made by the Words Yielding Paying Doing Reserving Finding c. And reserves what was not before Tenendum what or abridges the Tenure of what was before and it is term'd an adjunct proper to the Consequence of Instruments and is the Reserservation of a Rent Suit or Service if any be reserved Wests Symb. Lib. 1. sect 55. If a Rent be reserved it must be out of a Messuage and where a Distress may be taken and not out of a Rent Noy 69. And the Heir shall not have that which is reserved if it be not reserved to him by special words Noy 70. If a Man makes a Feoffment of Lands and reserves any part of the Profits thereof as the Grass or the Wood that Reservation is void Void Reservation because it is repugnant to the Feoffment Ibid. A Man by a Feoffment Release Confirmation or Fine may grant all his Right in the Land saving unto him his Rent-charge Ibid. Nota. Things that are given only by taking and using as Pasture for four Bullocks or two Loads of Wood cannot be reserved but by way of Indenture and then they shall take effect by way of Grant of the Grantor during his Life and no longer without special words Ibid. Fourthly Warranty Warranty what Warrantize it is a Verb used in the Law and as Littleton saith maketh the Warranty and is the cause of Warranty and no other Word in the Law But it may be understood only of an express Warranty in Deed and of a Warranty annexed to Lands for there are other Words which will extend and inure sufficiently to warrant Chattels c. and which will imply a Warranty Words implying Warranty in Law as Dedi c. Excambium c. Glanvil Lib. 3. c. 1. vel in Excambium or Escambium datione Lit. in his Chapter of Parceners teacheth that Partition implyeth a Warranty in Law The Feoffor by the Words of Dedi concessi shall be bound to Warranty during his own Life Noy 84. There are three manners of Warranties Viz. Warranty Lineal Warranty Collateral and Warranty which commences by Disseisin Vide Littleton Chap. Warranty The first is when one by Deed bindeth both himself and his Heirs to Warranty Lineal Warranty after his Death this Warranty descendeth to and upon his Heir The second is in a Transverse or overthwart Line so that the Party upon whom the Warranty descendeth Collateral Warranty cannot convey the Title which he hath in the Land from him that was the maker of the Warranty Warranty by Disseisin The third and last is where a Man unlawfully entreth upon the Free-hold of another thereof disseising him and conveyeth it with a Warranty Noy 3.83 Lineal Warranty barreth him that claimeth Fee and also Fee-tail with Assets in Fee Ibid. How it barreth Collateral Warranty is a Bar to both except in some Cases that be remedied by Statute as Warranty by the Tenant by the Courtesie except he hath enough by descent by the same Tenant Ibid. Warranty by Disseisin barreth not at all Warranty descendeth How Warranty descendeth always to the Heir at the Common Law viz. the eldest Son and followeth the Estate and if the Estate may be defeated the Warranty may also Noy 84. It barreth not the second Son in Gavelkind although all the Sons shall be vouched and not the eldest alone yet he alone shall be barred Ibid. Every Warranty which descends doth descend to him that is Heir to him which made the Warranty by the Common Law Noy 154. Cowels Interp. Title Warranty saith Nota. That under the word Haeredes are comprised all such as the first Warranters Lands come unto afterwards either by descent or otherwise ex causa lucrativa so that if a Man have twenty Children yet if he give his Land to a Stranger leaving his Children no Land that Stranger in this case is his Assignee and is contain'd under this word Heir so that if he commit Felony after such Warranty covenanted and forfeit his Lands to his Lord by Escheat the Lord is quasi haeres in this case and liable to the Warranty formerly passed To this may be joyned the word Defend Defendemus being used in Feoffments c. whereby as Bracton saith The Feoffor bindeth himself and his Heirs to defend c. Si quis velit servitutem ponere Rei datae contra formam donationis c. Fifthly The Covenants Covenants what containing the Terms of Granting and Holding being either real or personal and inherent or collateral must contain Things lawful and possible to be done A Covenant is the consent of two or more in one self thing to give or do somewhat West part 1. Lib. 1. sect 4. And there is a Covenant in Law and a Covenant in Deed or Covenant express and Covenant in Law Covenant in Law a Covenant in Law is covert or hid and to be implied as if the Lessor do demise c. to the Lessee for a certain Term the Law intendeth on the Lessees part that the Lessee shall during his whole Term quietly enjoy his Lease against all lawful Incumbrances Cowels Interp. Title Covenant Covenant in Deed. Covenant in Deed or Covenant express is manifest and that which is expresly agreed between the Parties and this is the Covenant we now intended which as aforesaid may be either real or personal Fitz. N.B. f. 145. A Covenant Real Covenant Real is whereby a Man tieth himself to pass a Thing real as Lands or Tenements as a Covenant to levy a Fine c. A Covenant meerly personal Covenant Personal is where a Man covenanteth by Deed with another to build him a House or any other thing or to serve him or to enfeoff him c. Cowels Interp. Tit. eod Covenant collateral Covenant Collateral is that which cometh in or is adhering of the side as Collateral Assurance is that which is made over and beside the Deed it self Note also Nota. A Bond for performance is termed a Collateral Assurance because it is external and without the essence of the Covenant Cowels Int. Tit. Covenant The words of Covenants are Words of Covenant
☞ The Case was A. le ts to B. for twenty one Years and after the Reddendum is a Covenant Provided always c. That the Lessee shall not let or assign over his Term without the consent of the Lessor first had in Writing B. cannot assign over to D. lest A. enter upon him and oust him because 't is a Condition And although the words are That he shall not let c. Yet if there be any other Covenants between the Reddendum and this Proviso then 't is but a Covenant And if B. do let to D. A. cannot turn him out but have an Action of Covenant against B. but if otherwise A. may turn him out Therefore observe whether it doth follow the Reddendum or no. Nota. Edmund Saunders And note These Conditions precedent or subsequent to the Estate are or may be Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative and Disjunctive and make the Estate whereto they are annexed void without or voidable by Entry or Claim or tend to make and enlarge or destroy or clog Estates Seventhly The Conclusion Conclusion what In cujus rei Testimonium In Witness whereof c. This Clause is added as a Preparatory Direction to the sealing of the Deed for sealing is essentially required to the perfection thereof because it doth plainly shew the Feoffors or Parties consent to and approbation of what is therein contained Noy p. 155 156. Nota. And note That the date of the Deed which is the Description of the Time in which the Deed was made either by the Year of the Lord or the Year of the Princes Reign may be placed in the Conclusion and is so most usually in all Deeds Poll but otherwise in Deeds indented most commonly and properly in the beginning of the Premisses as before is touched in several Examples Words to be used in Instruments And here take notice that such words are to be used in the making of Instruments as the nature of the Contract doth require as in Feoffments In Feoffments Feoffavi Dedi or Concessi have enfeoffed given granted c. In Bargain and Sale In Bargain and Sale have bargained and sold c. In a Gift or Grant In Gift or Grant have given granted and confirmed In a Lease In a Lease for Years have demised granted and to farm let In a Release In a Release have remised released and for ever quit claimed In Assignments In Assignments have given granted assigned and set over In Exchange In Exchange have given granted and confirmed and by these Presents c. unto A. B. and to his Heirs and Assigns for ever in Exchange c. In a Surrender In Surrender hath surrendred granted and confirmed In a Confirmation In Confirmation have ratified approved and confirmed c. CHAP. IV. Shewing what Things are required to the making of a good Deed or Instrument AND thus I have laid you down the formal and orderly Parts which ought to be observed in the making of Deeds and Instruments Requisites but it is requisite to let you further know That to the making of a good Deed are required First Legible and formal Writing Legible Writing in Paper or Parchment before sealing and delivery Secondly Capable Persons Capable Persons not disabled by Law but Donors and Donees that are Monks Friers c. are disabled Also Persons attainted of Treason Felony or Praemunire And Infants Madmen Idiots Femes Covert Aliens Deaf Blind Dumb from Nativity Are disabled Defects hindring except in several special Cases and Things For all which by Nature can consent cannot also consent by Law But Age hindreth some and some the Defects of the Body and some the Defects of the Mind so that they cannot consent West Symb. part 1. Lib. 1. sect 4. Age Age. hindreth those that be within the Age of twenty one Years Defects of the Mind those that be of full Age Ibid. Infants which understand not what is done Infancy can therefore neither make Obligation nor Covenant which may take beginning at their Persons Exception except such as be at the Age of Discretion That is Males at the Age of fourteen Years and Females of twelve Years which in some Cases may covenant and be bound as for necessary Food Rayment Schooling Instruction c. or as Executor to another c. Ibid. Lands properly named 3. It must be a Thing to be granted and passed 4. It must be by proper and sufficient Names and Descriptions both of the Grantor Grantee and Thing granted Which must be grantable Grantable in its own Nature and by him that grants it and is either corporeal and immoveable or incorporeal or Chattels Corporeal and immoveable as Houses Lands Woods c. which are grantable in Fee Tail for Life for Years c. and assignable from Man to Man Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licences Franchises Commons c. Whereof some are grantable at their first Creation but not assignable after As Great Offices of Trust Judicial Offices Licences Authorities c. Some are 1. Assignable always 2. Intirely but not in part 3. Intirely or in part 4. To any Body 5. But to special Persons 6. Some Things incident to others and not grantable without the Things to which they are incident Or Chattels which are either real as Leases for Years present Chattels real or to come Extent c. Or personal Personal as Horses Oxen Plate c. Fifthly Reading the Deed. The true reading or dedeclaring to a blind or illiterate Person Sixthly Sealing and Delivery Sealing and delivery By the Maker or his Attorny absolutely and positively to or to the use of the Party Or conditionally and as an Escrow to another Seventhly To an Honest end To honest Ends. and not by unlawful Contract or made by Force or Fraud Eighthly Due Ceremony as Attornment Livery of Seisin Inrolment c. Deeds executed not alterable A Deed when made read sealed and delivered may be altered or amended in nothing West Symb. part 1. Lib. 1. sect 56. A Writing cannot be said to be a Deed if it be not sealed although it be written and delivered it is but an Escrow Escrow Noys Max p. 55. Insufficient Deed. And if it were sufficiently sealed yet if the print of the Seal be utterly defaced the Deed is insufficient it is not my Deed and though it may not be so pleaded yet it may be given in Evidence Ibid. A Deed taketh effect How it taketh effect by the delivery and if the first take any effect the second is void Ibid. And a Jury shall be charged to enquire of the delivery Delivery and Date but not of the date yet every Deed shall be intended to be made when it doth bear date So if a Lease be made How Deeds shall commence dated the
viz. Know all Men by these Presents Or thus To all Christian People c. and may be made in the first Person or third Know all Men by these Presents First Person That I A. B. of c. Gent. To all Christian People to whom these Presents shall come A.B. of Third Person c. sendeth greeting Whereas c. Be it known to all People c. This present Writing witnesseth c. cum multis aliis any of which Forms may be in the first or third Person And each of these Deeds may consist of Grants or Discharges Grants which are constitutive Grants constitutive and creating what was not before as the first Grant of a Way of a Rent or of an Estate in Tail for Life or for Years with Warranty or without and are either absolute or conditional or conveying whereby Estates already or formerly made are conveyed to others Of Discharges Discharges which are remissory or liberatory releasing or discharging something in being as Releases Defeazances Acquittances c. And most of such Deeds and Instruments by which Lands pass as afore described have formal and orderly Parts viz. The parts of Deeds The Premisses 1. The Habendum 2. The Reddendum 3. The Warranty 4. The Covenants 5. The Conditions 6. The Conclusion 7. First the Premisses The Premisses what unto the Habendum wherein is included 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and Descriptions which are certain in themselves or which by Reference may be reduced to a certainty 4. Exceptions Words of Exceptions by these or the like words Excepted Excepting Besides Saving Save only c. which must be first of some particular out of a general secondly part of what is granted and not all thirdly that which may be severed from the thing granted and not an inseparable incident thereunto 5. A Recital of something antecedent Nota In many Deeds in the Premisses there may be no occasion of Exception or Recital some may require either and some both as in the making of a new Lease reciting the surrender of a former Lease and excepting the Bodies of Oak Trees or a Room out of a House or of Woods c. as the Case requires Nota Exceptions of part ought always to be of such things which the Grantor had in Possession at the time of the Grant Noy page 69. Wests Symb. Lib. 1. sect 48. To which may be properly added the date and consideration as Monies Goods Natural Affection similia The Premisses saith he is commonly all that precedeth the Habendum or Limitation of the Estate wherein are to be considered first the Person contracting next the Thing Matter or Fact whereof the Contract is to be made and then the Words with which the said Contract is to be described for the Persons are the very efficient as the Considerations are the motive Causes for which and by whose consent the Instruments are agreed upon and made Noys Max. page 133. In the Premisses are first the direct nomination as well of the Feoffor as of the Feoffee together with their Places of Residence Habitation or Dwelling and their Qualities Estates Additions or Conditions Secondly the certain expressment and setting down of the Lands conveyed Secondly the Habendum or consequence of Deeds whose Office is to set down 1. Grantee 2. Certainty of the Thing Estate and Life granted and to what use Wests Symb. Lib. 1. sect 52. The later part of Instruments and Consequence thereof is all that necessarily followeth the Premisses and that is the Habendum In which is limited and expressed what Estate and Property the Party passive shall have The Habendum what as Fee Tail c. and that is twofold namely the Limitation of the Estate and of the Use reciting withal the Thing granted by some sufficient general Name as Habendum Tenendum the said Mannor Messuage or Tenement aforesaid with the Appurtenances as the case requireth and as it is granted in the Premisses unto the said J. S. his Heirs and Assigns for ever to the use and behoof of the said J. S. his Heirs and Assigns for ever Noy 150. The Office of the Habendum is to name again the Feoffee and to limit the certainty of the Estate and it may and doth sometime qualifie the general Implication of the Estate which by construction and intendment of Law passeth in the Premisses and the Premisses may be inlarged by the Habendum but not abridged it is also required of the Habendum to include the Premisses Noy page 54. The Habendum Habendum void must not be repugnant to the Premisses if it be it is void and the Deed will take effect by the Premisses Ibid. That is the precedent Estate given by the Premisses shall stand and the Estate by the Habendum shall be void As where a Feoffment is made to one and his Heirs by the Premisses of the Deed Habendum to him and his Heirs during the Life of I. S. or if a Feoffment be made to one and his Heirs by the Premisses of the Deed Habendum to the Lessee for the Term of his Life Now these words of Limitation during the Life of I. S. or during the Lessees Life as aforesaid are void words because the Habendum is repugnant to the Premisses Landlord and Tenant page 139. 2 Co. Buckleys Case The Habendum sometimes doth qualifie and control the general Implication c. as for example A Lease to two Habendum to one for Life the Remainder to the other for Life this Limitation doth alter the general Implication of the Joynt-tenancy which would have been without the Habendum and the Habendum is not contrary to the Premisses for in the Premisses no certain Estate is passed See Buckleys Case in the second Book of Sir Edward Cooks Reports But Landlord and Tenant Landlord and Tenant fol. 140. citing this very Case to shew that the Habendum doth control and qualifie the general Implication saith And therefore the Habendum is void in that the Premisses do make them Joynt-tenants and the Habendum would sever the Joynture and make the one to have all during his Life and the other the whole after him and directs to Plow fol. 133. and Herns Law of Convey p. 2. But Quere Quaere of this And what hath been aforesaid may be sufficient to shew the Office of the Habendum To which also let us joyn the Tenendum Tenendum what which before the Statute of Quia emptores terrarum 18 Ed. 1. was usually in Feoffments expressed from the Feoffors and their Heirs and not of the Chief Lords of the Fee c. whereby there happened divers Inconveniencies to the Lords as the losing of their Escheats and Forfeitures c. Whereupon it was granted provided and enacted That every Free-Man for the future might sell his Lands or Tenements or part thereof at his Will so that the Feoffee should hold