H. 6. 3. 21 H. 7. 41. But others think the contrary for the Husband cannot take it immediately from his Companion therefore for him it is void and good for the Wife As if a Feofment be made to a stranger and the Wife of the Feoffor The Husband is bound in a Statute and after he and his Wife levy a Fine of the Wife's Land to A the Husband dies The Statute shall not be extended during the Wife's life for nothing passed from the Husband but the estate which he had in right of his Wife And A shall have the same Advantage which the Heir of the Wife should have had Tenant in tail enfeoffs one Daughter within age and dies she is remitted but the other Daughter shall not take Advantage of it Agreement IF I disseise one to the use of my self and A who after Agrees to the disseisin we are joint-tenants 21 Ass 49. If one sister in tail enters upon the Discontinuee of her Father claiming to her and her sister and the Discontinuee ousts her and she recovers in an Assise the other sister shall have the moyty by her Agreement But if I disseise one to the use of A. after twenty pounds received by me of the profits or to the use of my self for life and after to his use in fee there he shall have nothing by his Agreement for I cannot apportion the wrong If I disseise my Tenant for life to the use of A he shall have but a Free-hold by his Agreement If the Issue in tail within age by covin commands A to disseise the Discontinuee of his Father A disseises him to the use of B for life and after to the use of his own right Heirs B agrees A dies B dies the Heir of A enters and enfeoffs the Issue he is remitted because of his minority An Agreement cannot be to parcel of an Estate Aid IF Coparceners make partition and one has the Seignority and a Tenancy escheats and she is impleaded of that she shall not have Aid of the other Coparcener for Aid cannot be granted but of Land descended If one Acre is given to the eldest Daughter in Frank-marriage and another in fee descends to the youngest if she shall have Aid is the question Alien IF a Reversion be granted to an Alien and after he is made a Denizen and then the Tenant atturns he shall not take to his own use A Lease for years is made to an Alien upon condition to have Fee he is indenized and hath License to purchase and then performs the Condition The King shall not have the Fee for it hath not a Relation as to the devesting of the Fee further than the performance although that for Charges and Incumbrances it hath a larger Relation If an Alien Disseisor be made a Denizen the King shall not have the Land if the Disseisee doth after release unto him but if an Alien had been the Feoffee of a Disseisor it had altered the case for it is a new purchase in one case and but an extinguishment of a right in the other and it seems that the Issue of such an Alien born within the Realm shall be in ward for Land descended to him on the part of the Mother during the life of the Alien if he be not Heir apparent And a man born in England cannot make himself heir in special tail to a Baron Fem whereof one is an Alien neither shall he have an Appeal for the death of such a Father or Mother Alien If Land be devised to an Alien and he is made a Denizen and after the Devisor dies there he shall take by the Will for all takes effect by the death of the Divisor But in the case above if when the Office is found the Lease should be adjudged in the King from the beginning then it takes away the Condition and then he could not acquire a fee by his performance If a man seised in fee marries an Alien and makes a Feofment and she is made a Denizen and the Husband dies she shall not recover her Dower Annuity IF an Annuity be granted for the life of I and the Grantee releaseth all Actions of Annuity to the Grantor it seems he shall not have an Action of Debt for the arrerages after the release and after the death of I. for when they were due he had no remedy If a Rent charge is granted out of Land in Fee the Heir of the Grantee shall have his election to bring his Writ of Annuity and so shall the Executor of the Grantee if the Grant were for years And if the Wife brings Dower the Heir shall not say that he will take it as an Annuity for it must be determined by the bringing of his Action and if she be once endowed the Heir shall not have an Annuity of the other two parts for his Writ ought to be grounded upon the Deed and that for all or for none for there can be no apporcionment of an Annuity or personal thing Appendant IF an Advowson be Appendant to a Mannor and the Advowson is granted to one for life and then the Grantee is enfeoffed of the Mannor cum pertinentiis yet the Free-hold of the Advowson is not Appendant But if the Grantee had regranted it to the Grantor it had been Appendant But if A. makes a Lease of his Mannor for life saving the Advowson and after grants the reversion of the Mannor una cum Advocatione the Advowson shall never be Appendant to the Mannor again Husband and Wife make a Feoffment of the Mannor of the Wife to which an Advowson is Appendant the Feoffee makes a Feofment of one Acre with the Advowson the Husband dies the Wife recontinues the Mannor she shall present without any recontinuance of the Acre for it was not appendant to the Acre for if a man makes a Feofment of an Acre parcel of a Mannor cum pentinentiis nothing of the Advowson which is appendant to the Mannor passes If one hath a Mannor and makes a Lease for life of all the Mannor except one Acre now the Fee of the Acre is divided from the Mannor during the Lease for life but after the determination of the Lease it shall be appendant again Apporcionment TWo Joint-tenants by Twelve-pence the one grants what belongs to him upon condition the Lord grants the services of one and Atturnment is had the Condition is broken the Grantor enters he shall hold by Twelve-pence also for by the Grant no Apporcionment is made and then by the Grant Twelve-pence passed and Twelve-pence remain If tenant for years enfeoffs the Lord of one Acre the Seignory shall be Apporcioned A Rent is granted in Fee out of Land in Borough-English and at Common Law the Grantee dies leaving two Sons the eldest shall have all for the rent being entire cannot be Apporcioned and the eldest being Heir shall have all If a Rent charge be granted in Fee and the Grantee dies and his Wife recovers
the Lord is the Question Atturnment TEnant in tail holds by Rent the Donor grants the services the Donee atturns nothing passes for the Rent cannot passe but as a Rent Service and the Atturnment shall not prejudice him for the Law will not have Land to be holden of two several persons Tenant for life grants a Rent in Fee and then he and the Reversioner join in a Feoffment by the delivery of the Deed the Tenant did Atturn If the Lord grants his Seignory by Fine and before Atturnment the Tenant makes a Feoffment of the Tenancy if the Feoffee Atturnes it is well enough and yet he is not compellable So if Tenant in tail Atturns 't is good and yet he was not compellable If a Lease be made for years and the Lessor makes a Lease to another for life to commence after the Term Atturnment will not make the second Lease good for the Freehold cannot passe out of any one who hath a greater Estate reserving to himself a Mesne Estate If a man makes a Lease of a Mannor which is ten pound in Demesnes and ten pounds in Service rendring twenty pound Rent if the Tenants do not Atturn he shall pay but ten pounds in Rent being he hath no remedy to compell them to Atturn Tenant for life of three Acres and the Reversion of them is granted and Tenant for life surrenders one Acre to the Grantee that countervails an Atturnment for that Acre only for it is but an Atturnment in Law but an Atturnment for one Acre by Parcell is good for all So if he had Atturned to one Grantee it had been good to both If one brings a Quid Juris clamat and pending his Writ he enters into one Acre he hath not abated his Writ for the Remnant If a Fem sole makes a Lease for life and then grants the Reversion to two one dies and she marries the other Tenant for life pays a penny to the Bayliffe of the Grantee in the name of Atturnment and dies the Husband enters and makes a Feoffment and dies she brings her Cui in Vita If a Seignory be assigned in Dower Ex assensu Patris there needs no Atturnment A Reversion is granted by Deed to a man and a Fem sole they marry the Tenant atturns the particular Estate life determines the Husband and Wife shall take it by moities for the Atturnment is grounded upon the Deed and reduces the Inheritance according to the course of Deed. If a Reversion be granted to on Infant and Atturnment is had at his full age yet when he is in possession he may disagree to the Estate being the grant was during his Infancy which is the Principal A Reversion is granted to one for life and before Atturnment it is granted to him in Fee the Tenant Atturns the Grantee may choose which Estate he will take But if a Reversion be granted to one and after to another and the Tenant comes to both and says I atturn unto you neither of them shall take for the incertainty If a Reversion be granted to one and his Heirs and after it is granted to him and his Successors and the Tenant Atturnes Quaere in what capacity he shall take If the Reversion of black Acre or white Acre be granted Quaere if Atturnment will make it good some think it is void for the incertainty A. makes a Lease for life and grants a Rent out of the Reversion if the Grantee Grants it over the Grantor ought to Atturn and not the Tenant for life for it hath no Relation to him for a Release made to him by the Grantee will not extinguish the Rent The Reversion of Tenant for life with the Rent is granted Tenant for life grants his Estate to another to hold of the Grantee this is an Atturnment for when he granted it to hold it of him the Tenant for life took notice of the Grant If an Atturnment be upon Condition which is broken yet the Reversion is not devested for he doth not claim the Reversion from him that atturned and an Atturnment cannot be upon Condition If the Reversion be granted to Tenant for life and another or a Signory be granted to the Tenant and another this Acceptance shall be a sufficient Atturnment But if there be two Tenants for years and the Reversion is granted to one of them Quaere if he takes but a moity without Atturnment of his Companion for the Jointure is severed by the Grant If a Fem Tenant for life takes Husband who atturns to the Grantee of the Reversion and after is devorced yet the Atturnment shall bind the wife and if a Feoffee upon condition atturns to the grant of a Seignory and the Feoffor enters for the condition broken yet the Atturnment stands good If a Mulier Atturn to the grant of a Signory though the Bastard dies seised so that the Mulier can never be Heir yet the Atturnment remaines good If the Reversion of Tenant in tail or for life the remainder for life is granted and the Issue in tail or he in Remainder Atturn having nothing but the possession in Law it is void But he that hath but a possession in Law may Atturn to the grant of a Seignory for none can Atturne but he that was Tenant at the time of the Grant The Lord grants the Seignory the Tenant is disseised and after Atturns that is good But if the Lord grants the Rent saving the Seignory and she is after disseised and Atturns that is void for it is now a Rent Seck in which there is no Attendency but a Charge of the Land If a man grants a Rent reserved upon a Lease for Life saving the Reversion that is a good Rent Seck if the Tenant Atturns Grandfather Father and Son Jointenants the Grandfather grants a Rent Charge in Fee to the Father upon condition who grants it to his Son and his Wife the Grandfather releases to the Father and Son the Son dies the Condition is broke the Grandfather claims the Rent the wife shal hold it discharg'd of the Condition if the possession of her Husband shall be an Atturnment in Law but it seems it is not for his Atturnment alone without the Atturnment of the Father who was a Jointenant is not sufficient for both ought to Atturn But if the Grandfather should have the Rent by the Condition then he shall be in of his own Grant and be both Grantor and Grantee But if the Father had died in the Life of the Son then that had been a good Atturnment in Law Avoid TEnant in tail makes a Lease for forty years and dies the Issue in tail marries and dies if she shall avoid the Lease by her Recovery in Dower Quaere If Tenant in tail makes a Lease for years to commence at Easter rendring a Rent and dies the Issue in tail enters and makes a Feoffment before Easter the Feoffee shall not Avoid the Lease for the Lease was not avoided by the Entry of
and her Husband If A. infeoffes his Wife and a Stranger it is void as to the Wife and good to the Stranger though the Livery were made to the Stranger in the name of both Three Jointenants and one gives his part with his Daughter to his Companion in Franckmarriage and by the same Deed releases to them in Frankmarriage and makes Livery this is a good gift in Franckmarriage by some for notwithstanding one Jointenant cannot enfeoffe his Companion yet he may enfeoffe his Companion and another and the Livery made to the other shall vest the Land in both and that is for the advantage of a third person As in Gascoignes case 7 H. 6. 3. It was not a surrender for the advantage of the third Neither in 21 H. 7. 41. for the advantage of the Husband So it shall not be void here for the advantage of the third person But others are of a contrary opinion and they say the Husband cannot take it immediately from his Companion and therefore it is void as to him and good as to the Wife the other part of the Deed viz. the Release will inure to the Husband And here both the things make the Frankmarriage good for the Livery and the Deed may be delivered both at one time If the Husband be Tenant for life and the Reversion be granted to him and his Wife the Fee remaines in them in Jointure for there be no Moities between them Land is let to Baron Fem Habendum the one Moity to the Husband the other to the Wife the Land is confirmed to them in speciall tail rendring a Hawk the Lessor shall have two for the Baron shall have one Moity of the Inheritance for his possession was severed from the possession of the Wife viz. in the one Moity So that of that Moity the Husband is seised in speciall tail and the Wife hath nothing Of the other whereof the Wife was Tenant in Common with the Husband the Baron was thereof seised in Right of his Wife then he had a sufficient Estate whereupon a Confirmation might inure jointly to them If Land be given to the Baron for life the remainder to the Wife for life and their Estates are confirmed in tail The Baron shall have one Moity in tail only he and his Wife the other Moity and yet the Tail is not executed for any part Quaere for this is a good case If Husband and Wife make a Lease of the Wives Land rendring a Rent the Husband distreins and Avowes and dies the Cattle are discharged for they do not belong to the Executor being they are but a Pledge and the Wife is to have the Duty and therefore the Executor cannot detain the Pledge and it is not like the case where the Husband recovers upon an Obligation made to him and his Wife 33 H. 6. 48. Although the Husband can give nothing to his Wife immediately yet if a Disseisoress makes a Lease for life the Remainder to her self in tail the Remainder to A. in Fee and after marries the Disseisee who Releases to the Tenant for life this shall inure to the Wife A Reversion is granted to Baron Fem and to a single man and woman in Fee the single persons marry and the Tenant atturns then the single Man and Woman are divorced the Baron Fem shall have but a third part If a man makes a Feoffment to A. and a Fem sole with a Letter of Atturny to deliver Seisin and before Livery they entermarry they shall take by moities Land is given to A. and B. his Wife and to another Baron Fem in Fee they are disseised and A. releases to the Disseisor and then A. and B. are divorced for cause which hath Relation B. and the Baron Fem bring an Assise leaving out A. and some think it is maintainable for when A. and B. are divorced yet the other Baron Fem shall hold the Moity to them for being the purchase took effect and vested by the Livery and at that time the Baron Fem not being divorced took a Moity that remaines still for to all Strangers A. and B. shall be said to continue Husband and Wife for if a Stranger had bought the Goods of the Wife and then they had been divorced yet he shall retain the Goods as it is held in 26 H. 8. And if the Husband had made a Feoffment the Wife could not have an Assise against the Feoffee but must bring her Cui ante Divortium A Reversion is granted to a man and a Fem sole and they marry and the Tenant atturns they take by Moities for the Atturnment does operate upon the Deed so if they marry before Livery is made If Baron Fem make a Lease for life and pray to be received and the Husband makes Default and upon his Default the Wife is received now she admits the Discontinuance yet if she be barred she shall have her Cui in vita for she had not Title then to have a Cui in vita for that accrues by the death of her Husband If a Feoffment with Warranty be made to a man and a Fem sole and they marry and are impleaded and Recover in Value the Husband dies they did not take by Moities If Land be Bargained and Sold to a man and a Fem sole and they marry and the Deed is inrolled there they take by Moities for it hath Relation But if Baron Fem Tenants for life before the Coverture recover in value by reason of the Reversion with the Rent they shall take the value by Moities But if a Lease be made to a Man and a Woman for life upon Condition to have Fee they marry and after performe the Condition they shall not have Moities in the Fee If a man be seised of Land in right of his Wife and Warranty is made to them and the Heirs of the Husband and they recover in value there shall be no Moities for the Recovery in value must be according to the nature of the Estate If a Fem being Tenant for life marries and the Husband atturns to the grant of the Reversion and then he is Divorced yet it will binde the Wife If a Woman hath a Lease for twenty years and the Lessor confirmes to the Husband for forty yeares who dies she shall have the Residue of the twenty years The Husband hath a Term in right of his Wife and grants so many years as shall be behind at the death of him and his Wife Quaere if this be a good Grant The Husband is bound in a Statute and after he and his Wife levy a Fine of the Land of the Wife to A. the Husband dies the Land shall not be extended in the hands of A. for nothing passed from the Husband but the Estate which he had during the Coverture and A. shall have the same Benefit the Heir of the Wife should have had But if the Husband had made a Lease for yeares or granted a Rent
dies the Abator shall not hold it charged But by many the Rent in the first case is avoided for the freehold was discharged The Father disseises the Son and grantes a Rent Charge in fee and then makes a Lease for years the Son confirms the Lease the Father dies the Rent is extinct So if a man grants a Rent Charge in Fee and makes a Lease for years and grants a Reversion to the King or to the Grantee the Rent is gone If there be two Disseisors and the one grants a Rent Charge the Disseisee releaseth to the other and his heirs he shall hold it discharged for he claims meerly from the Disseisee But if one hath two Sons by divers venters and dies and before entry the Eldest grants a Rent Charge and dies without Issue the youngest hath the Land from his Father yet he shall hold it charged for the eldest hath such an estate as he might charge for if the eldest had died without Issue and the Land had gone to the Unkle and from the Unkle to the Father though the Father cannot be Heir to the Son yet being the Land was charged he shall hold it charged so in the other case Quaere for there is a Mesne descent Tenant for life the Remainder in Fee makes a gift in tail with a Remainder in Fee he in the first Remainder releases all his Right to the Donee in tail not saying to his Heirs and after he grants a Rent Charge to a Stranger out of the Remainder in Fee and dies the Donee dies without Issue the Heir of him in Remainder enters if he shall hold it charged For if he be remitted to his ancient Right then the Land is discharged against him And some think the Release could not give the Right in Fee which the Releasor had to the Releasee himself for then in a manner he might Release to himself and if the Release inures but as a Confirmation then without question the Heir shall be remitted and shall hold it discharged but if the Remainder had been appointed in tail to him who had it before in fee the Remainder over in fee then the Release ought to inure to the first Estate in tail and also to the Fee and then if the last fee be fortified the mesne Remainder is established and so the Release inures to himself The Son makes a Lease to the Father for life who makes a Lease for life to A. the Remainder in fee simple to the Son the Son grants a Rent Charge out of the Remainder and after Releases to A. and his Heirs all his Right in the Land the Father and A. die if his Issue shall hold it charged first it is cleer that the Right Fee is divested and a tortious Fee setled in the Son all at one Instant as if Tenant in tail makes a Lease for life the Inheritance of the estate in tail is devested and a fee simple vested all at one moment So if the Husband makes a Lease for life of the Wives Land the fee which the Husband had in right of his Wife is devested and a new fee in himself in his own right vested at the same time So in the first case then when it is granted out of the Reversion it is all one as if it had been granted out of the Remainder because a Reversion and Remainder agree in substance viz. Terra revertens then when the Son released unto A. and his Heirs all his Right that shall not inure as an Entry and Feoffment for A. was in by Title without Disseisin then it does not give to him the Remainder as if he had Released to him all his estate in the Land or as if he had released all his Right Habendum the Land in fee for there the fee passes but here he hath both the Right and the Estate and then a Release of the Right does not reach the Estate Others are of opinion that the Right in fee cannot drown in the Estate for life and in the Remainder it cannot merge for then in truth he releases to himself But if a Fem Disseisoress make a Lease for life and after marries with the Disseisee who Releases to the Tenant for life in Fee the Fee will Merge in auter droit for the benefit of the Estate in Fee in Reversion then if the Release do not perfect the Remainder if the Grant of the Rent which is an Assent to the Remainder does so inseperably unite the Remainder the Rent and the Right so that the Right shall be drowned in the Estate for the preservation of the Rent and some think it shall not for if a Disseisee takes an Estate in Fee from him who hath the Land by descent he agrees unto it and yet if he dies seised his Heir shall be remitted and so the Rent charge avoided But others think that in as much as by the grant of the Rent charge he hath agreed to the Remainder and so to the Livery he cannot now enter upon the Tenant for life and then the Release gives the Remainder and so the Land continues charged Claim IF a Reversion be granted upon Condition which is broke the Reversion shall be adjudged in the Lessor without Claim for the Grantee was privy to the Condition as if a Condition be annext to the Feofment that if the Feoffee doth not perform such an act that then he shall have it but for life if he does not perform it the Estate in Fee is presently vested in the Feoffor without Claim for he was privy to the Condition But the Lord shall not have a Reversion granted to his Villein or aliened in Mortmain or to his Mother who consents to a Ravisher without claim for there is no Privity But in these cases if the particulartenant hath an Action of Wast brought against him by the Lord or his Son perhaps the using of the Action will countervail a Claim And note that he ought to come upon the Land and make a Claim and he shall not be punish'd for it no more than the Lessor who comes upon the Land to see if Waste be committed for it is a Condition in Law annex'd to all the Cases The Heir makes a Feofment upon Condition the Mother recovers Dower the Condition is broke Quaere what course he must take to recover the Reversion for if the Mother recovers her Dower against an Abator the Heir shall not gain the Reversion by Claim And if Tenant for years be outed and the Disseisor dies seised and the Termor enters many are of opinion that the Disseisee shall not have the Fee by Claim If there be a Disseisor of twenty Acres and the Disseisee enters into one saying nothing he may have an Assise for the rest for the Possession shall not be devested by the construction of the Law without a particular Claim of the party Capacity LAnd is given by Deed to A. and a Dean his Successors and Livery is made to A. in the
name of both the Dean takes nothing for they take in several Capacities and in common and not jointly But if the Discontinuee enfeoffs the Issue in tail within age and another and makes Livery to the Infant in the name of both though the Infant be remitted for a moity yet the other moity vests in the other and they are Tenants in common for their Capacities are not several but they take severally by the operation of the Law Cessavit IF the Tenant ceases for twenty years a Cessavit cannot be maintained but for the two last years before the Writ And therefore if the Tenant ceases for two years and marries and the Lord recovers in a Cessavit and the Tenant dies the Wife shall be endowed against the Lord for the Cessavit cannot be maintained for the Cesser before the coverture and so the Title of Action shall not have Relation c. but is grounded upon the Cesser two yeares before the Writ purchased and part of it was during the Coverture and then the Cesser of the Husband during the Coverture shall not prejudice the Wife of her Dower But Quaere if the case be not falsly put for it should rather have been that the Baron ceases one year before the Coverture and another year after and then the Cessavit is brought Cessante Causa c. THe Seignoress seises the Body and Land of the Tenant and after marries the Villain ingross of the heir and they commit wast the Heir brings an Action of Wast 't is cleer that his body is out of Ward and being that the Land is in Ward because an Infant cannot perform Knight Service and so the cause is executory and in consideration that the Signory remains and now the Signory during the Coverture by the intermarriage with the Villain is determined in the Tenancy and so the Freehold and Inheritance of the Seignory is merged in the Tenancy by Act in Law notwithstanding that the possession of the Seignory is suspended by reason of the chattle in the Tenancy viz. the Wardship of the Land because that the Husband shall be Tenant by the Curtesy and may be granted over notwithstanding the suspension by reason of the Chattle in the Tenancy by the same reason it shall be a Release in Law to the Lord of the Villein by Act in Law and therefore the land shal be out of Ward for Cessante c. If the Lord of a Villain gives Land in ancient Demesne to the Villain and afterward the Lord reverses the Fine by disceit the Manumission is gone for the conveyance by the Fine which was the cause of the Manumission being vacated the Effect falls to the ground Common v. Apporcionment Condition A. Having two Sons makes a Gift in tail to the Eldest the Remainder in fee to the Youngest on condition that the Eldest shall not make a Feoffment with warranty to the intent to bar him in Remainder and if he does that then the yongest and his Heirs shall enter the Eldest makes a Feoffment with Warranty the Father dies and the Eldest dies without Issue the yongest may enter for the entry given to the youngest is void and then the Heirs of the Feoffor are to enter then the Father having cause to enter and he being dead the Condition is in suspence in the Eldest and revived by his death v. 41. E. 3. 21. and given to the youngest for the Condition was not extinguished by the Feoffment and the Warranty does not bind Titles of Entry But if the Feofment had been after the death of the Father then the Condition had been extinct If I am Lessee for the life of C. and grant my estate to D. upon Condition that if D. dies living C. that it shall be lawful for me to re-enter Quaere if this Condition be sufficient for me to enter upon an Occupant The Mesne grants the Mesnalty upon Condition that if the Grantee pays c by such a day that then he shall have Fee before the day the Grantor to whom the money was to be paid is attainted yet the Grantee may perform the Condition and enjoy the Fee A Lease for life is made upon Condition that if the Lessor grants the Reversion the Lessee shall have it in Fee The Lessor grants the Reversion by Fine to one for life the Grantee shall have it for life and the Lessee shall have it after the death of the Grantee and not before But if the Condition had been that if the Lessee pays twenty pounds c. there he shall devest the possession out of the Grantee Note the diversity If the Husband having a Lease for twenty yeares in right of his Wife grants two years upon Condition that the Grantee shall not grant over his term and if he does that he his Executors and Assigns may re-enter the Husband dies the Lessee grants over his term the Executors of the Husband cannot enter for it is a Condition annext to the Reversion and if they do enter they defeat the Wives Reversion The Eldest Son cannot enter where the Reversion descends to the youngest Son by Borough English or speciall tail Nor the Heir on the part of the Father where the Land goes to the Heir on the part of the Mother nor the Executor of one Jointenant where the Testator made a Lease upon such a Condition and died for then he should devest the Reversion out of the other which cannot be And in the principall case the Wife cannot enter for she is not privy to the Condition neither doth she claim under the Estate of the Husband As if one Jointenant grants his part for yeares upon such a Condition the Survivor cannot take advantage of it But if the Husband had granted over all the years upon such a Condition or the Father had made Feofment of the Land in Borough English he should enter for he claims by the Father Some think the Condition is extinct as if a man makes a Lease for years upon Condition ut supra and dies having a Son and a Daughter by one Venter and a Son by another the Eldest takes the Rent and dies now the Sister shall have the Reversion and the Condition is gone for she is not Heir And a Rent is incident to a Reversion and passes by the Grant of it but so doth not a Condition A Feoffment is made upon Condition to re-infeoffe the Feoffee charges the Land the Grantee brings a Writ of Annuity and Recovers the Feoffor enters 44 E. 3. 9. If A. be bound to pay ten pound to B. and he releases ten pound which he ought him yet this is no performance for there ought to be a payment in Fact And therefore if one be bound to Release a Rent Charge which he hath out of the Mannor of D. and he purchases an Acre now the Rent is extinct and yet the Condition is not performed But If I am bound to enfranchise my Villaine and I bring an Action against him
cannot be made by Devise for Land was not then Devisable and the Wife was discovert when the Devise took effect If Land be Devised to an Alien and he is made a Denizen before the Devisor dies he shall take by the Devise for all takes effect after the death of the Devisor Disablement IF I grant an Annuity upon Condition that the Grantee shall promote me to a Benefice within seven years within which time I marry and my Wife dies within the Term yet the Grantee is discharged for I had once Disabled my self to accept of the Benefice and he had the Liberty to have tendered it at that time and I being then Disabled to receive it it countervails a Tender and Refusall So if I am bound to marry a woman by such a day and she marries another and the Husband dies before the day yet I am discharged of my Obligation But if he who was to be promoted or married had been a Stranger to the Obligations it had been otherwise If I am bound to enfeoffe the Obligee before a day and before the day he takes a Lease for yeares of the same Land which expire before the day yet I am discharged but it had bin otherwise if there had been no day limited for there it is not to be done before request A Feoffment is made to Re-infeoffe the Feoffee grants a Rent Charge the Grantee brings a Writ of Annuity and recovers if this be a Disablement to Re-infeoffe Quaere Disagreement A Lease is made to Baron Fem for the life of the Baron the Remainder to the Right Heirs of the Husband the Husband dies the Wife cannot Disagree for the Estate is determined But if the Estate had been made to them by a Disseisor she might disagree to save herself from Damages If Land be given to Baron Fem in Fee and the Baron makes a Feoffment and an Ancestor collaterall of the Wife Releases with Warranty and dies the Husband dies the Wife cannot disagree and claim her Dower for her Estate was bound and her Right determined by the Warranty If the Husband be remitted to an Estate the Wife may disagree and claim her Dower An Atturnment is good although he that Atturned doth after disagree Vide Dower Baron Fem. Discharge IF the Disseisee enters upon the Heir of the Disseisor end grants a Rent Charge and dies the Issue shall hold it discharged for he is remitted to his ancient Right So if the Heir of the Disseisee enters upon the Disseisor and grants a Rent Charge and the Disseisee dies But if the Son disseises the Father and A. and the Father dies he shall hold it charged for he is not remitted If the Father disseiseth the Grandfather and grants a Rent Charge and dies the Son shall hold it discharged for he claims from the Grandfather Lord Mesne and Tenant the Tenant aliens in Mortmain the Lord enters and grants a Rent Charge and after his Title is come viz. the year is past and the Mesne hath not entred the Lord shall hold it discharged and his Issue also for he shall not be remitted for a Title as he shall be for a Right accrued If the Father disseises the Grandfather and dies and the Son enters and grants a Rent Charge and the Grandfather dies he shall hold it discharged although he was of full age at the time of the Grant As if Tenant in tail infeoffes his Issue within Age who grants a Rent Charge at full age and then the Tenant in tail dies the Issue shall hold it discharged If the Disseisor grants a Rent Charge to the Disseisee who grants it over and after enters he shall hold it discharged So if Tenant Pur auter vye grants a Rent Charge and the Reversion descends upon him and cesty que vye dies he shall hold it discharged If a Stranger disseises the Father and grants a Rent Charge and infeoffes the Son and the Father dies he shall hold it discharged Land is given to A. and B. for their lives the Remainder to the Right Heirs of him who survives B. grants a Rent Charge in Fee A. dies if the Heir of B. shall hold it discharged Quaere If it had been given to them Quam diu simul vixerint and to the Heirs of him who first dies the Heir shall not take the Land by descent but by purchase A. having a Wife makes a Feoffment upon Condition and dies the Wife is endowed by the Feoffee and then grants her Estate to the Feoffee reserving a Rent by Indenture the Heir enters for the Condition broken he shall hold it discharged of the Rent Note her Title to the Land was Paramount to the Condition but Puisne to the Rent If a Dean hath a Rent Charge in Fee and the Tenant aliens the Land to the Dean in Fee the Lord enters for the Alienation in Mortmaine he shall hold it discharged of the Rent for when he entred for the Alienation in Mortmain he did not avoid the Livery but affirm'd it by his Entry So if the Dean before the Entry had entred into a Statute the Lord should have holden it discharged of the Execution But if Tenant for life aliens in Fee to him that hath a Rent Charge issuing out of the Land and the Lessor enters for the forfeiture he shall not hold it discharged for the Lessor hath the same Feesimple he had before the making the Lease and has his own Estate and not the Estate which the Lessee gave to the Feoffee Many think the contrary in the first case for his Estate in the Land was always defeasable Vide Charge Rent Execution Discent A Disseisor infeoffes his Wives Father who dies so that the Land descends upon the Wife if the Disseisee may enter Quaere The Husband surrenders the Freehold of his Wife to him in Reversion who dies seised if the Wife may enter after the death of her Husband for there seems to be a discent If a Gift in tail or Lease for life be made rendring a Rent with a Re-entry for default of payment the Lessor hath cause of Entry and the Estate in tail expire or Lessee for life dies after a Disseisin or Descent yet the Lessor c. may enter for the Land was recontinuable at all times And if Tenant for years with a Condition be outed after the term and a Discent cast the Lessor shall enter for the Condition broken Lessee for years the Remainder in tail he in Remainder grants in Fee the Lessee atturns the years expire the Grantee enters and dies seised Tenant in tail dies the Issue may enter for the Grant was but for the life of Tenant in tail and then he died not seised in Fee and if the dying seised had been after the death of Tenant in tail If it will take away the Entry Quaere But if the Issue of the Issue of the Grantee had entred and died seised the Entry had been taken away If Tenant in tail
pence and makes a Feofment of one the Lord grants the Rent reserving the Fealty the Tenant Atturns the Grantee releaseth all his Right in the Land to the Tenant yet he shall have one penny If the Tenant deviseth that the Lord shall make a Feoffment of the Tenancy which is done yet the Seignory is not extinct no more than the Rent Charge shall be where the Grantee makes Livery as Atturny to the Tenant of the Land because he doth it in auter droit A Rent Charge is granted upon Condition the Grantor makes a Feofment the Condition is broke the Rent is arrear if the Condition be extinct by the Feoffment for the Grantor cannot have it in the same manner c. But if the Condition had been that the Rent shall cease upon the Non performance there the Feoffee shall take advantage of it for the Rent doth ipso facto extinguish as a Lease for years upon Condition to be void The Lord having the Ward of the Mesne enters into the Tenancy for Mortmain the Seignory and Mesnalty are extinct If the Tenant infeoffes the Lord to the use of A. or if the Lord infeoffs the Tenant of the Mannor to the use of A. if the Seignory be extinct Note the case Vide Condition Release Estovers Arrerages Feoffment TEnant for life and he in the Reversion join in a Feoffment of all their Land and Tenements lying in the Town where the Land lies that is in Lease and make a Letter of Atturny to make Livery this is a Grant of the Estate for life and also of the Reversion But if they had made a Feoffment of the Land of the Lessee only then it will be the Feofment of Tenant for life and the Confirmation of him in Remainder If a man makes a Feoffment to a Stranger and to his own Wife and makes Livery to the Stranger in the name of both it will be good to the Stranger and void as to the Wife Tenant for life infeoffs the Wife of him in Reversion with a Letter of Atturny to the Lessor to deliver seisin who does it Quaere if he be seised in his own or his Wives Right For he is remitted by the Forfeiture If Tenant in tail infeoffs the Wife of the Donor that is a Discontinuance A Feoffment is made by one Deed in Fee and by another in tail to the same person and Livery made according to both Deeds it shall inure by Moities For otherwise the Livery cannot inure upon each deed For if he should have all the Land in tail the Remainder in Fee then the Livery shall have only operation upon the Estate tail and the other shall be but a Confirmation and then it shall not inure upon both the Deeds but upon one And if Livery had been made only upon the Deed in tail after the delivery of both deeds there should be Tenant in tail the remainder in fee. If one Jointenant enfeoffs his Companion and a stranger the stranger takes all If Tenant in tail enfeoffs the donor he doth not give him the Fee Vide Extinguishment Fem Covert A Man conveyes Land to a Fem sole upon Condition that she payes a sum of money by a day she marries and the money is not paid whereby her Estate is defeated this will binde her after her Husbands death But if the Fem be Tenant for life and the Husband makes a Feofment and the Lessor enters yet the Wife shall have the land after the death of her Husband for it is but a Condition in Law but if the Condition be by Statute as in a Cessavit or Wast where there is a Recovery there it will bind her after the death of her Husband But if the Condition be given by Statute and no Recovery as in Mortmain then the Wife shall not be bound Some Conditions in Law shall bind the Wife if the Husband breaks them as a Condition annext to the Grant of a Parke an Office or a Liberty If a Fem Covert delivers an Obligation bearing date two years after and at the end of the two years her Husband is dead she shall not be Estopt to shew that the Delivery was before the Date Fem Sole IF a Fem sole Tenant in a Praecipe marries pending the Writ all the rest of the pleadings and process shall be against the Wife only If a Fem sole at Mich makes a Writing dated at Christmas and before Christmas she marries and the Husband dies she may say that at the time of the date she was a Fem Covert and he shall not aver the delivery before Fine TEnant in tail levies a fine and takes back an Estate in Fee upon Condition and dies the Heir enters and is remitted the Proclamations passe if that shall take away the Remitter and if the Condition remain If the Wife levy a fine as a Fem sole and the Husband enters all the Inheritance is revoked Forfeiture LEssee for years is received by the Statute of Glocester a Stranger recovers against him in a Praecipe and confirms the Estate of the Lessee for life the Lessor avoids the Recovery by Error and Enters upon the Lessee some think he cannot A. makes a Lease for life and dies leaving his Wife enseint with a Son the Tenant makes a Feoffment the Son is born if he shall enter for the Forfeiture Quaere A Lease is made upon Condition that if the Lessee commits Wast that his Estate shall cease if a Stranger commits wast it is no Forfeiture of his Lease If Tenant for life infeoffs the Wife of the Lessor with a Letter of Atturney to the Lessor to deliver seisin which is done accordingly Quaere if this be a Forfeiture some think it is A Lease is made to E. and F. for their lives F. grants to a stranger for the life of E. that is a Forfeiture of his Estate for he had not an Estate for the life of E. but in respect of the Jointure and an Estate for the life of E. doth not passe from the Lessor in the Moity but upon Condition in Law that the Jointure remains and now he hath given it for the Life of E. absolutely But if both of them had made a Lease for the life of E. that had not been a Forfeiture Causa patet If a Lease for life be made upon Condition that the Lessee shall infeoffe A. which is done the Lessor may enter for breach of the Condition in Law scilicet the Forfeiture Tenant for life grants over his Estate upon Condition after Title of Entry the Grantee makes a Feoffment the Lessor enters for the Forfeiture some think the Lessor may enter upon him for the Title of Entry for the Forfeiture is by the Common Law which shall not destroy another Title comming in respect of the Estate Land is given to a man and a Fem sole and to the Woman in speciall tail they marry and have Issue the Husband aliens a moity and dies the Issue dies without Issue if the Wife
the Husband who dies the Lord shall not have a Harriot Heir A Rent is granted to commence after the death of the Grantee the Heir shall take it by Descent A. makes a Feoffment upon Condition and if it be broke that it shall be lawfull for him to reenter during his life he shall enter by expresse Reservation and after his death his Heir shall enter by the provision of the Law If an Encroachment of Services be made upon the Husband if the Wife be endowed she shall not be contributory but the Heir cannot avoid it A Seignory is granted for years the Rent being behind the Tenant dies the years expire if the Grantee shall have Debt against the Heir of the Tenant for the Rent due before and after the death of the Tenant Some say the Heir shall not be charged unless the Tenant had bound himself and his Heirs by express words and it shall not be esteemed the proper debt of the Heir If A. hath a Daughter who hath a Son a Remainder is limited to the right Heirs females of the body of A. the Son shall take the Remainder for he is a purchaser but he shall not have the land by descent which was given to A. and the Heirs females of his body 20 H. 6. 43. p. Newton Lessee for life the remainder to the right Heirs of A. who hath a Son who dies without issue the land shall descend to the Heirs on the part of the Father for the Son takes by purchase and as Heir to A. so that the Heir of A. must take it If land be given to a man and to his Heirs on the part of his Mother begotten and his Mother is dead and he dies without issue the Heir on the part of his Father shall take Quaere If a man makes a Gift in tail of Land on the part of his Mother reserving a Rent and dies without Issue the Heir on the part of the Mother shall have the Rent as incident to the Reversion If a man binds himself and his Heirs in twenty pounds and dies and his Executors have ten pounds onely an Action of Debt lies against the Heir for all for if the Creditor makes choice of the Executor he cannot have any remedy against the Heir for the rest If the Obligor makes the Obligee his Executor and leaves ten pound and the Debt was twenty he may detain that and bring an Action of Debt against the Heir for the rest for it is a apporcioned by the Act in Law If Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not have the Land If Land be given to one and the Heirs males of his body and to the Heirs females of his body if he hath Issue male and female they shall take by Moities by descent severally If a Woman hath three Sons by severall Husbands and Land is given to her and to the Heirs of her body by the first and second Husband begotten the two Sons shall take severally by Moities and yet the Mother had an Estate A. having two Daughters one is attainted of Felony a Remainder is limited to the Heirs of A. the other shall take nothing If a Remainder be limited to the Heirs of B. who hath a Son who is attainted the Remainder is void and the Fee rests in Lessor Land is given to A. for life the Remainder to B. for life the Remainder to the Heirs of A. who dies B. enters and dies a Stranger abates the Heir of A. shall have a Writ of Right upon the possession of A. and if Land be given to C. and D. and to the Heirs of C. who dies and a Recovery is had against D. and he dies the Heir of C. shall have a Writ of Right of all the Land A. binds himself and his Heirs in twenty pounds and dies the Executors have Assetts the Obligee releaseth to the Heir all Actions of Debt the Executors pay the Assetts to other Creditors The Obligee may have an Action of Debt against the Heir for at the time of the Release he was not intitled to have an Action against him but if the Executors or the Heir had no Assetts at the time of the Release and after the Heir recovers Assetts the Release will bar him If A. makes a Feoffment of Land which he hath on the part of his Mother to the use of himself and his Heirs it shall be to the use of the Heirs on the part of his Father if he dies without Issue A Fem sole hath a Rent Seck and marries the Tenant of the Land grants to the Husband and his Heirs to distrain for the Rent the Husband and Wife die without Issue the distress is extinct for the Heirs of the Husband are onely privy to distrain A Condition does descend upon the Heir at Common Law Incertainty IF one infeoffs another of twenty Acres viz. of one to the use of A. and does not shew of which Acre A. takes nothing by the Feoffment for the possession cannot be executed for it was not certain which are passed to A. and A. cannot have Election for he is not privy If a Reversion be granted to one and after to another and the Tenant atturns to both neither of them shall take for the incertainty If Land be given to a Man and a Woman upon Condition that which of them first marries shall have in Fee and they intermarry neither of them shall have Fee If the Reversion be granted of black Acre or of white Acre if Atturnment be good Quaere for the incertainty A. gives two Acres to B. Habend the one for life the other in Fee without Deed rendring a Robe or a Rent and doth not shew which he shall have for life A. lets two Acres rendring a Rent on Condition to be performed by the Lessee that he shall have Fee in one Acre not shewing which and makes Livery of both Quaere Infant IF an Infant infeoffs two and at his full age releaseth to one it inures to both If an Infant be forejudged he is bound for ever but if he makes a Feoffment of a Mannor and the Feoffee is forejudged yet the Infant may enter into the Mannor and distrain for the Mesnalty the reason is because in the first case he was party to the Record and in the last case the Forejudger was against the Feoffee who had a defeasible Title A Recovery in Wast against an Infant will bind him but so it will not against his Grantee for he had a Title to defeat his Estate so in a Cessavit Conditions and Forfeitures that will bind a Fem Covert will bind an Infant If an Infant makes Livery within view he shall not have an Assize if the Feoffee enters for it is more than a Livery in Law If an Infant Disseisor makes a Feoffment and a Dissent is cast and the Disseisee releaseth to the Heir yet the
am Lessee for the life of C. and I grant my Estate to D. upon Condition that if D. dies living C. that it shall be lawfull for me to re-enter Quaere if this Condition be sufficient for me to enter upon an Occupant If a man commits Felony and the Lord grants his Seignory and after the man makes a Feofment upon Condition and is Attainted and obtains his pardon and after Re-enters for breach of the Condition and dies if the Occupant shall have the Land or the Lord or the Issue is the Question A. makes a Feoffment to B. Habendum to him so long as Pauls Steeple shall stand B. dies without Heir Quaere if the Lord may enter by Escheat or an Occupant shall have it Outlawrie IF a man grants to another one of his Horses until the Grantee hath made Election there is no property vested in him neither shall he forfeit it by Outlawry Parceners Partition A. seised of two Acres hath a Son and a Daughter by one venter and a Son by another grants a Rent out of one Acre to the Son who dies the Father dies the Daughters make Partition the Land charged is allotted to the youngest she shall hold it charged with all to the Eldest 34 Ass p. 15. A. hath Issue two Daughters and holds Land of the Eldest by Suite and an Hawke and dies the Daughters assign a third part to the Mother in Dower and then makes Partition Tenant in Dower shall not be contributory for any part of the Services for the Reversion remains in Parcenary between them two for they cannot make Partition thereof and then the whole Seignory is in suspence and also the youngest Daughter shall be discharged of the Tenure and yet if Land holden by an Hauke discend upon the Seignoresse and her Sister and they make Partition the Seignoresse shall have the Hauk but there no suite for by the Stat. of Marlbridge ca. 9. the Eldest ought to do it and the youngest is to be contributory but she being Seignoresse cannot do it to her self ergo c. But the Reason in the principall case why the youngest shall be discharged is because the Seignory is in suspence for parcel and it cannot be in esse for the rest But if a Tenant hath two Daughters and the Lord seises the youngest within age he shall distrain the other for the Moity of the Seignory and the Act of Law shall not prejudice him Quaere for the Seisure is his own Act. If one Sister be Seignoress to whom the Tenancy is descended she shall not have the Rent nor other Charge before Partition but if she had the tythes she should have had them after severance from the nine years before Partition for they lye in Prendre and she takes them as Parson Before Partition one Parcener makes a Lease of an Acre to I. S. for twenty years and they after make Partition so that that Acre is allotted to her it seems she shall out the Lessee for the Partition hath relation from the death of the Ancestor and yet at this time she had full power to make a Lease of the Moity of it So it seems she shall avoid a Rent Charge granted by her Sister If the Husband makes a Lease of an Acre which is after assigned to his Wife by a Recovery in Dower upon a Title which she had at that time she shall avoid the Lease c. for all Quaere in both cases If one Parcener recovers pro rata against her Companion she shall avoid the Charge made by her in the Land recovered as an Exchanger shall do Land recovered in value after Partition by one Parcener shall be rateable A. seised of two Acres hath two Daughters and grants a Rent Charge out of one Acre to the Eldest and dies they make Partition the Eldest hath the Land Charged and the other being impleaded Recovers against the Eldest pro rata she shall hold the Land Recovered in value pro rata with the portion of the Rent If Parceners make Partition and one aliens in Fee a Stranger by a Title Paramount enters upon the other she shall not occupy the Land with the Feoffee for the privity is dissolved for she cannot recover pro rata If A. be seised of one Acre in tail and of another in Fee hath two Daughters they make Partition the younger hath the Acre in tail the Lord of whom the Acre in Fee is holden shall take notice of this Partition it seems otherwise for a Donor of an Acre in tail for he shall not be bound by that Partition unduly made no more than the Issue in tail shall be but the parties that made the Partition being of full age are concluded but if one Acre in tail be allotted to one and the other Acre in tail to the other the Donor is concluded If Partition be of Land in tail and a Rent is granted for equality of Partition that Rent shall be in tail 2 H. 7. 5. But if there be Parceners of two Acres one in tail and the other in Fee and she which hath the Acre in Fee grants the Rent to the other for Equality that Rent shall be but in tail but if that Rent had been granted to her which had the Fee it shall be in Fee for if she dies without Issue her Heir shall have it so long as the other hath Issue of her body for til that ceases the Partition stands but if there be four Acres three in Fee and one in tail and she which hath the third Acre grants a Rent for equality that shall be a Fee Quia sequitur magis principale Three Parceners in tail make a Feoffment with Warranty the Eldest first and the youngest after dies without Issue the second hath Issue and dies the Issue brings a Formedon she shall recover a Moity of the part of the eldest and a moity of the part of the youngest and no more for the Warranty of the Eldest was collateral to the second for the part of the second for the other part she could not make her self Heir to her that made the Warranty but yet for the part of the Eldest the Warranty is Lineall to the second and youngest Daughter for they might Inherit as Heir to her and for the part of the youngest as to her self and her Heirs for their third part the Warranty of the Eldest is collateral for the youngest or her Heirs could not make themselves Heirs of that third part to the Eldest who made the Warranty so that the Warranty of the Eldest shall enure as aforesaid Then as to the youngest who died last her Warranty as to the second Sisters part is collaterall and to her Issue for they cannot make themselves Heirs to her who made the Warranty c. But as to a Moity of the Eldest 't is Lineall and as to the other Moity collateral for by possibility the youngest and the second might have had the part of the Eldest by
the Tenancy upon the Lord before Entry but if the Tenant is attainted of Felony he shall not have the possession in fact or in Law before Entry If one Jointenant leases his part for years a stranger enters claiming the moity of the other who waives the possession it seems it is a Disseisin to him though the Termor continues in for they are Tenants in common and though the possession of the Lessee be the possession of him in Reversion so his Companion but è contra if the Termor had waived the possession and the other continues in it seems that he in Reversion cannot be out of possession for his Joint Companion held it Two Jointenants in Fee of a Rent Charge a Stranger takes it to the use of I. one releaseth to the Pernor the other to the Tenant if by the last release he shall be said in possession ab initio then the first release to the Pernor is void for the possession of one is the possession of both Possessio fratris A. Makes a Lease for life and dies having a Son and a Daughter by one venter and a Son by another the Eldest Son grants the Reversion in tail the Tenant atturns and he dies the Grantee in tail dies without Issue Tenant for life dies it seems the Daughter shall have the Land not the youngest Son The Disseisee dies having a Son and a Daughter by one venter and a Son by another the Son after the descent enters upon the Heir of the Disseisor and dies without Issue the Daughter shall not have the Land for his possession was tortious if the Father dies seised and the Eldest Son makes a Lease for life the mother recovers Dower against the Lessee the Son dies the Daughter shall have the Reversion and not the Son But if Tenant for life dies after the death of the Son and during the life of the Tenant in Dower Quaere who shall have the Reversion the Son or Daughter If A. makes a Lease for life and dies his Eldest Son disseises Tenant for life and dies Tenant for life dies the Son shall have the Land from the Daughter which is put in the book of Ass and the principall case is the Eldest Son endows his Mother and dies if the youngest Son or the collaterall Heir of the Eldest shall have the Land The Father dies seised of two Acres the Son enters into one saying nothing if that shall be a sufficient possession of the other Acre to make the Sister to be Heir Quaere Some think it shall not If a Disseisor or Feoffor on Condition enter into one Acre saying nothing there no more shall be gained by that Entry but in the principall case if the Acres had descended one from the Father and another from the Mother then the Entry into one is an Entry but into that only So if it had been on a Title for several Conditions 9 H. 7. 25. So the Entry of the Bastard into one Acre shall devest no more than that for the Mulier had a possession in Law Quaere If a man makes a Lease for years and dies this possession in Law of the Reversion is sufficient to make the sister Heir Quare Impedit IN a Quare Impedit against the Patron and Incumbent it is no plea for the Incumbent to say that he hath been in six months upon the presentation of the Patron for none can plead Plenalty but he who by such plea may gain the Patronage and against whom a Writ of Right of Advowson is maintainable Quod vide in 16 E. 4. 11. But in a Quare Impedit against the Ordinary and Incumbent the Incumbent shall say that he hath been in six months upon the Collation of the Bishop by reason of Laps because no Patronage is gained by that so note the Diversity 2 R. 2. Encumbent 4. 18 E. 3. Quare Imp. 4 8. 13 H. 8. 14. 14 H. 8. 31. 39 E. 3. 30. Recognizance vide Statute Record IF a Record in the C. B. be pleaded in any other Court of the King where it is requisite to be produced it must be exemplified under the Great Seal of England and the Seal of the Court is not sufficient but if he pleads it in C. B. there if he shews the Exemplification under the Seal of the Court it sufficeth for in the one case it is Teste meipso and in the other Teste the Chief Justice Relation IF a Feoffment be made of a Mannor when Atturnment is had the services passe ab initio If a Lease be made for life the Remainder to the King and Livery is made and after the Deed is inrolled now the Remainder passes to the King as a Remainder ab initio If Land be given to Baron Fem in Fee he dies and the Wife waives the possession and recovers her Dower against the Heir she shall recover Damages for by her refusall the Husband shall be said to die seised Keylway 104. p. 14. If a man who hath a Villein delivers an Escrowl of Enfranchisement to be delivered to his Villein seven years after and before the end of the seven years he dies and the Deed is after delivered that will be a good Enfranchisement by relation Vide Barg Sale Release LOrd Mesne and Tenant the Tenant holds in Socage and the Mesne in Chivalry the Tenant makes a Gift in Frankmarriage the Mesne releaseth to the Donor the four degrees passe the Donor seiseth the Ward of the Issue and enters into the Land and he brings an Action of trespass some think it is maintainable If Lessee for years makes a Feoffment to two a Release to one shall inure to both If Tenant in tail makes a Lease for life the Remainder for life and releaseth to him in Remainder and his Heirs if the first Tenant for life dies in the life of Tenant in tail it is a Discontinuance The Tenant holds ten Acres by ten pence and makes a Feoffment of one the Lord grants the Rent reserving the Fealty the Tenant Atturns the Grantee releaseth all his Right in the Land to the Tenant yet he shall have one penny for the Feoffment severed the Seignory and by the Grant two Rents passed and but one is extinct by the Release viz. the Rent of Nine pence Two Disseisors make a Gift in tail to hold in Chivalry the Disseisee releaseth to one the Donee dies some think this Release will inure to both Two Women disseise another and make a Feofment to their Father who dies so that the Land discends to them the Disseisee Releaseth to one it shall inure to both for betwixt themselves they are in by Title If a Disseisor dies seised having two Daughters Bastards and the Disseisee releaseth to one of them that shall inure to both A. makes a Feoffment to two upon Condition which is broken the Feoffor releaseth to one it shall operate to both for they are not in by wrong and a Release where it countervails an Entry
a Title Paramount was congeable As if a Disseisor makes a Lease for life and the Lessee makes a Feofment and the Disseisee releaseth to the Feoffee the Disseisor cannot Enter But if the Heir of the Disseisor who is in by descent makes a Lease for life the Lessee makes a Feoffment and the Disseisee releaseth to the Feoffee the Lessor may enter for the Disseisee could not 9 H. 7. 25. pet Fineux If an Infant makes a Lease for life and the Lessee grants his Estate with Warranty the Infant brings a Dum fuit infra Etatem and the Tenant vouches the Grantor who enters into Warranty and loseth the Demandant Releaseth to him and his Heirs some think the Release is void for he is Tenant only to answer the Action but a Release which is to enlarge an Estate must inure upon a privity of Estate And therefore a Release made to Tenant by the Curtesie in Fee after he hath granted over his Estate is void and yet an Action of Wast shall be maintainable against him by the Heir and he shall Atturn If a Lease be made for life the Remainder for life the Tenant for life dies and before the Entry of him in Remainder the Lessor Releaseth to him in Fee that shall inure according to the words But in a Writ of Entry in the Per if the Tenant vouch him by whom c. who enters into Warranty and the Demandant Releaseth to him that inures by way of Extinguishment If a woman who hath cause of Dower Releaseth to the Guardian that takes away her Title and Estate though the Gardian had but a Chattle and the Heir shall Advantage of it It was said in the case of the Dum fuit infra aetatem if he had Released in tail a greater Estate should not have passed for though it doth not appear by the Dum fuit infra aetatem what Estate he claims for the Writ is generall yet when he enters generally into the Warranty he shall not be said to have a Fee against the Demandant but the Demandant shall make an Averment that he did not make the Devise but only for life A Release made to the Patron when the Church is full doth not extinguish an Annuity otherwise if it had been in the time of vacation 21 H. 7. 41. but a Release to the Ordinary peradventure will not avail Tenant for life grants a Rent Charge a Release to him in Reversion will not extinguish it no more than if he in Reversion grants a Rent Charge a Release to Tenant for life will extinguish it If there be two Disseisors and one makes a Lease of a Moity for years reserving a Rent with a Re-entry for not payment the Disseisee releaseth to the other who did not make a Lease he shall have the whole Freehold of all the Land and the Lessee shall not pay the Rent to him for he comes to the Reversion by Title Paramount and not by any Privity A. outs his Termor for years and then makes a Lease for years the first Termor releaseth to the second the first Lessor may enter and have the Land against them both for by the Release the Right of the first Termor was extinct As if a Rent Charge be granted to the Disseisor c. and it doth not fortifie the Estate of the second Lessee during the first Term for if the first Lease had bin for twenty years and the second but for a year yet by the Release of the first Lessee to the second all the first Estate shall be extinguished But if he had been Tenant for life and the Disseisee Releaseth to the Disseisor now during his life the Lessor cannot enter otherwise if he had been Tenant for years for in one case the Disseisor had a Freehold in him which might be fortified and in the other case but a Chattle Although the Husband cannot give any thing to the Wife immediately yet if a Disseisoresse makes a Lease for life the Remainder to her self in tail the Remainder to A. in Fee and marries the Disseisee who releaseth to Tenant for life that will inure to his Wife If an Infant Disseisor makes a Feoffment and the Feoffee dies seised and his Heir enters to whom the Disseisee releaseth yet the Infant shall have a Dum fuit infra aetatem and shall recover for he demands the possession to which he had more Right than the Disseisee and the Tenant ought to answer to the Demise and not to the Right As if the Heir of the Disseisor who is in by Descent brings an Assize against his Disseisor it is no plea for him to plead the Release of the Disseisee for he demands the possession to which he had more Right than the Disseisee So if the Disseisor recovers in an Assize by erroneous Judgement against his Disseisor and the Disseisee releaseth to him that hath recovered and the other brings a Writ of Error it is no plea for him to plead the Release for the intent of the Suit was to correct the Error upon the Record If a Disseisor makes a Lease for life and the Lessee makes a Feoffment to A. who obtains a Release from the Disseisee the Disseisor brings a Consimili Casu some think he shall recover but if the Heir of the Feoffee who is in by Descent c. gets a Release it is cleer the Disseisor may have an Action and the Tenant ought to answer to the Demise and not to the Right of the Land in both cases If a Disseisor enters upon his Feoffee for breach of a Condition the Feoffee shall not have a Writ of Right though the Right of the Disseisee be released to him before the breach of the Condition So if the Disseisee enters upon the Heir who is in by Descent and makes a Feoffment or releaseth of such an Heir and the Heir re-enters or if one who hath a Title brings a Formedon in Remainder against an Abator and recovers by default See the rest of the case in 9 H. 7. 25. In all these cases he to whom the Release was made or the Right was given shall not have a Writ of Right but it shall goe in advantage of him that Removes the possession for being one hath a right in possession and recontinues it that draws the very right to it and the Right by it self shall not be left in the other Note that in all these cases the Right comes after the possession but if the Right were before the possession and then the possession is removed the Right remains in the person to whom it was given As if the Heir of the Disseisor who is in by descent enfeoffs A. and several other Feoffments are made and after the Land comes to the Heir again and the Disseisor enters upon him and he outs him Now if the Disseisee brings a Writ of Right upon his first possession he shall be deluge by vouching of the Feoffees but he may have a Writ of
Right upon the last possession which he had by Disseisin and that is beyond all the Vouchers and though the possession was removed yet that is not materiall for Littleton saith the effect of the Writ is the meer Right the Husband discontinues in Fee and takes back an Estate to himself and his Wife for their lives the Husband makes a Feoffment and dies the Wife Releaseth to the second Feoffee yet the first Feoffee may enter for the Forfeiture and she hath no Remedy and this case is supposed before the statute of 32 H. 8. But if the wife had not released but the first Feoffee had entered upon the second for the Forfeiture the Wife the Husband being dead might enter upon him for she may claim by the Lease and then the Entry for the forfeiture had avoided the Discontinuance and so she may enter by vertue of the Lease made by the first Discontinuee If Tenant for life be disseised and the Disseisor is disseised and the Lessor releaseth to the second Disseisor and the first Disseisor outs him he hath no Remedy by Writ of Right or otherwise Quod nota A Gift in tail is made with Warranty the Donee releaseth the Warranty to the Donor the Reversion is granted the Donee atturns if the Issue in tail be impleaded he shall not vouch for the Release hath extinguisht the Warranty for ever for the Statute is of Tenements c. and this is no Tenement but a Covenant reall which is Extinguished by the Release As if an Annuity be granted in tail a Release from the Grantee dischargeth it If a false Verdict passeth against Tenant in tail a Release made by Tenant in tail of all his Right shall not bar the Issue of his atttaint but if he releaseth all false Oaths to one of the Petit Jury Quaere if the Issue shall have an Attaint And a Partitione facienda is maintainable by the Issue in tail by the equity of the Statute de donis c. contra form Feoffam Contributione faciend and a Release of them will not bar the Issue for it is of the Land and an Vse in tail is taken by Equity and Tenant by Copy c. shall be taken by Equity to have an Estate tail and shall have a plaint in nature of a Formedon So by some the Release in the principall case is no bar but Tenant in tail by his Release may extinguish an Accquittall granted by the Donor And Execution of a Recovery in value by reason of a Warranty and not a Recovery pro rata against his Coparcener If a man binds himself and his Heirs in twenty pound and dies his Executors having Assetts the Obligee Releaseth all Actions of Debt to the Heir the Executors pay the Assetts to other Creditors some think the Obligee shall have an Action of Debt against the Heir for at the time of the Release the Obligee was not intitled to have an Action of debt against the Heir but if neither the Heir nor Executors had Assetts and then the Debt is released to the Heir and after Assetts come to the hands of the Heir it seems the release will bar him If Tenant for life commits Wast and grants over his Estate the Lessor releaseth all Actions to the Grantee yet he shall have an Action against the Grantor for he was not intitled to have an Action against the Grantee So if Tenant in Dower or by the Curtesie who have granted over their Estates otherwise of a Release of Land A. makes a Lease for life and grants a Rent out of the Reversion a Release made by the Grantee to Tenant for life will not extinguish the Rent so if a Rent be granted by Tenant for life a Release to him in Reversion will not extinguish the Rent A Lease is made for life the Remainder for years he in Remainder Releaseth to Tenant for life all his Right in the Land the yeares are drownd but if the Release had been Habendum the Land during the years then the term for years had continued As if a Lease is made for life and after a Release is made to Tenant for life Habendum to him for forty years after the Lease for life ended there he shall take it as the words direct And some say that a Release made by Tenant for years to the Lessor extinguisheth the Term otherwise of a Release by Tenant for life And if a Lease for years be made to commence at Easter and before Easter he releaseth all his Right to the Lessor the years are Extinguished If Lessee for years be ejected and Releaseth to the Disseisor the Lessor may enter but otherwise of a Release made by Tenant for life If one makes and delivers an Obligation at Michaelmas which bears date at Christmas following and at the Feast of All Saints he releaseth to the Obligor all Actions and after Christmas he brings an Action of Debt he shall plead the Release and say the Obligation was delivered at Michaelmas and that the Release was delivered at All Saints according to the date If the Disseisee releaseth to the Disseisor all Actions and dies and the Disseisor dies and his Heir Enters and the Land discends to the Heir of the Disseisee it seems by the Release of all Actions which he hath or may have afterward by the same Right are discharged So of Actions which his Heir might have for the same Disseisin So that a Writ of Entry in the Quibus is Released although his Heir had no cause of Action at that time then it is in a manner as if he had released after the descent as to the Extinguishment of the Action then being he had a Right notwithstanding the Release so that he might enter that Right is not taken away by the descent after Some think a Release of Actions is but a Conclusion which goes in privity of blood and not of Estate and therefore after such a Release to the Disseisor if he aliens over the release is not pleadable by the Alienee for he is not privy and it doth not go with the Estate So if a Disseisor makes a Lease for life with a Remainder over and the Disseisee releaseth all Actions reall to the Tenant for life who dies he in Remainder cannot plead it as if it had been a Release of Right and therefore if a Release of all Actions had bin made to him in Remainder that had been void to all other purposes so such a Release of Actions shall not extinguish a Right if the Entry be taken away otherwise than by an Estopple which being removed by the descent in Law the Release ceaseth to be a Conclusion after Some think if the Heir of the Disseisor infeoffs two and the Disseisee releaseth all Actions to one of them and he dies the other shall not plead it and so if two are Disseised and one releaseth all Actions to him that is in by descent and dies the other as Survivor shall have an
Feoffee the Wife re-enters she is not remitted Tenant for life the remainder in Fee makes a gift in tail the remainder in Fee he which had the first remainder releaseth all his Right to the Donee without saying to his Heirs and dies the Donee dies without Issue the Heir of him in Remainder enters if he be remitted If the Disseisee takes an Estate in Fee from him who had the Land by descent he agrees unto it and yet if he dies seised his Heir shall be remitted The Issue in tail within age having a Title to bring a Formedon accepts from the Discontinuee a Bargain and sale inrolled he shall not be remitted for he is in by the Statute Tenant in tail the Remainder to his right Heirs makes a Lease to the Issue within age upon Condition to have Fee at full age during the Term he performs the Condition he shall be remitted for the Contract was during his Minority As if an Infant delivers a Deed as an Escrowl to be delivered as his Deed when he comes of full Age and receives the money yet he shall avoid the Deed. Vide Release Condition Rent LEssee for life makes a Lease for forty years rendring a Rent the Lessor confirms the Estate of the second Lessee and then Tenant for life dies within the term the Lessor distrains and avows for the Rent some think it is not maintainable Lord and Tenant by Homage Fealty and Rent the Lord grants his Homage upon Condition reserving the Rent the Condition is broken he hath no Remedy for the Arrerages due before Tenant in tail discontinues in Fee and takes back an Estate in Fee and grants a Rent Charge in Fee and dies the Lord seiseth the Ward the Grantee distrains for the Rent and the Lord makes Rescous and the Grantee brings an Assize some think it is maintainable Lessee for life makes a Lease for ten years rendring a Rent the Lessee for years makes a Feofment he shall hold the Land discharged of the Rent though it binds the Lessee for life for the rent cannot indure longer than the reversion and though he had granted it to a Stranger yet had it been gone and so it differs from the other which is not in respect of the reversion And if a man makes a Lease for life reserving a rent to the use of A. and Tenant for life surrenders the rent is gone 1 Ass 10. If the Mesne grants the rent of the Tenant and the Tenancy Escheats the Rent is gone A. makes a Lease for life and grants a Rent Charge out of the reversion the Grantee purchaseth the Estate of Tenant for life who dies and the Lessor enters if the Grantee may distrain for all the Arrerages from the time of the Grant A Rent is granted to commence after the Death of the Grantee who dies if his Wife shall be endowed The Father dies seised of a remainder having two Sons by two venters the Eldest Son being Tenant in tail of the particular Estate grants a Rent Charge in Fee and dies without Issue the second Son enters and an Avowry is made upon him for the whole Charge If a man hath two Daughters by two venters or by one he dies and the Eldest grants a Rent Charge and dies before Entry into the Land some think the youngest shall hold all the Moity charged as if one Jointenant grants a Rent charge and dies the Survivor shall hold all discharged If Land be devised reserving a Rent that is a void reservation for the reservation of the Rent cannot be good but in respect the Reservor might take advantage of it by possibility and the Heir cannot have that which the Ancestor could not for if a Re-entry be reserved to the Heir it is void If Tenant in tail holds by Rent and the Donor grants the Services of the Donee nothing passeth though there be Atturnment for the Rent cannot passe but as a Rent Service For if there be Lord and Tenant by Rent and Fealty and the Lord grants the Services saving the Fealty nothing passeth for it must passe as a Rent Service for it is granted by the name of Services for a Rent seck or Rent Charge cannot passe by that word Quaere if the sueing be not void for the Repugnancies and as a Rent Service it cannot passe for then the Donee should pay one Fealty to the Grantee and another to the Donor for the reversion and so the Donor should charge him with two Fealties which cannot be no more than the Lord can grant the Moity Tenant for life grants a Rent Charge in Fee and after he and the Lessor make a Feoffment of all their Land in such a Town where the Land lieth and make a Letter of Atturny to make Livery yet the Rent indures but for the life of Tenant for life for it is but a Grant of the Estate of Tenant for life and also of him in Reversion But if they had made a Feoffment of that Land only then the Rent should endure for ever for it is the Feoffment of Tenant for life and the Confirmation of him in Reversion Quaere for the Deed is first delivered and after the Livery is made and the reversion passeth by the delivery of the Deed for it is an Atturnment of the Tenant for life by the delivery of the Deed. If a man reserve a Rent upon a Lease for life he hath not a Fee in it for his Wife shall not be endowed but if Lessee for life grants a Rent in Fee a Fee passeth for by possibility it may endure for ever that is if the Lessor confirms it But if Tenant for life grants a Rent in Fee to the Lessor who grants it over yet he shall avoid it after the death of Tenant for life for it cannot be a Confirmation though it were granted by Dedimus Concessimus for the Grantee had not possession of it before and one and the same word at the same time cannot amount to a Grant and a Confirmation also And therefore if a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged If Tenant pur auter vye grants a Rent Charge in Fee and after he hath the Reversion by descent or release Cesty que vye dies he shall hold it discharged but if after the Fee was vehe had made a Feoffment the Feoffee should not have avoided it after the death of Cesty que vye A Seignory is granted for years the Rent being arrear the Tenant dies the years expire the Heir shall not be charged as Heir in Debt if the Father did not bind himself and his Heirs by expresse words and the Executors shall not be charged for they were not chargeable with it at the death of the Testator for at that time the Grantee could not have had an Action of Debt for it but he must have Distrained and so the Lessee is without remedy If a Rent be
granted to one and his Heirs and if it be behind that he shall distrain for the life of A. during the life of A. it is a Rent Charge and after a Rent seck and some think that Seisin of a Rent Charge is sufficient to have an Assize for a Rent seck If a Reversion be granted rendring a Rent Quaere what Rent it is during the particular Estate but after the particular Estate be determined it is a Rent Service If a Rent be granted out of two Acres and if it be behind that he may distrain in one that is but a Rent seck for it is but one Rent which cannot be wholly a Rent Charge for the other Acre is not charged and the Distress is but a penalty And if a Rent in Fee be granted and if it be behind two years that the Grantee may distrain now it is not a Rent seck during the two years but a Rent Charge distrainable after the two years And if a Rent be granted to one and if it be behind his Heirs shall distrain the distress is void for there is not any such person in Rerum natura and it shall never be a Rent Charge because it was not one at the beginning but if the distresse had been limitted to a person in Esse then it should have been a Rent Charge as 46 E. 3. 18. If the Lord grants his Seignory reserving a Rent the Seisin before will not be a sufficient Seisin of it If a Rent be granted to two and if it be behind that one may distrain that is a Rent Seck for one Moity and a Rent Charge for the other Moity because one hath another benefit than the other If a Rent be granted for life and by another Deed the Grantor releaseth all his right in the Rent to the Grantee and if it be behind that he and his Heirs shall distrain although the Heir shall have it by distresse as it is adjudged in 8 H. 4. 18. yet the Wife shall not be endowed for it is yet but a Rent seck and the distress but a penalty and it is no new Rent which commences after the death For if a Rent be granted for life and by another Deed the Grantor grants if the rent be behind he shall distrain the remainder in Fee the remainder is void for he doth not take such an Estate which will support a remainder If a rent be granted out of the Mannor of D. and if it be behind he shall distrain in the Mannor of S. the Grantee purchaseth the Mannor of S. yet the rent remains and if he doth not purchase all the Mannor the distress shall remain in the rest and yet the penalty was a thing against common right Tenant in tail makes a Lease for forty years reserving a rent and after dies the Heir suffers the Lessee to continue in two or three years and then outs him he hath no remedy for the rent arrear after the death of Tenant in tail no more than the Lessee hath for the arrears incured after the breach of a Condition where he hath entred for the breach of the Condition and it seems he shall not have an Action of accompt against him as Bailiff of the Land A rent seck is granted for life and after the Grantor confirms his Estate and if it be behind that he and his Heirs shall distrain it is a rent seck stil for life and the Grantee hath the rent charge in Fee in remainder for he hath not two rents As if the Lord of a Mannor grants the Homage and Fealty of his Tenants saving the rent it is a rent seck and shall be parcell of the Mannor now if the Tenant will grant to the Lord that he and his Heirs shall distrain for that rent yet the rent is parcel of the Mannor and the distresse but a penalty but if it were a rent charge it shall not be said parcell of the Mannor because it shall commence but now If the Lord grants the rent of his Tenant to one for life saving the Seignory and then grants the Seignory and reversion of the rent to the Grantee yet it must be a rent seck during the life of the Grantee and after a rent service for the reversion of the rent which was a rent service cannot drown the Freehold of the Rent which was of another nature no more can the Reversion of the Rent Charge drown the Freehold of the Rent Seck in the principal case But in the last case if the Grantee had re-granted the Rent Seck to the Grantor who had the Reversion that will operate as a Surrender Quaere what diversity where the Reversion comes to the Freehold or the Freehold to the Reversion If a Rent be granted out of two Acres and if it be behind that he shall distrain in one that is not a Rent Charge in any part for the distresse is not limitted out of all the Land If twenty shillings be granted out of the Mannor of D. and if it be behind that he shall distrain for that twenty Shillings and another twenty Shillings out of the Mannor of S. the first twenty shillings is but a Rent Seck and the distresse a penalty and the last a Rent Charge in the Mannor of S. But if one grants a Rent out of the Mannor of D. and if it be behind that he shall distrain in D. and S. that is a Rent Charge in the Mannor of D. and a penalty in the Mannor of S. If a Rent be granted to one for the life of A. and after the Grantor grants by another Deed that he shall distrain for his life with a Remainder in Fee that is a good Remainder if the first Rent be determined but if the distresse be appointed for the life of A. or B. it is otherwise for it is but a penalty but in the other case the Estate is given also though it be a penalty during the time of the appointment of the Determination of the first Rent If twenty Shillings is granted out of D. and that the Grantee and his Heirs shall distrain for that twenty Shillings and other out of the Mannor of D. and S. For the first twenty Shillings it is a Rent Charge in D. and a penalty in S. and for the other it is a Rent Charge in both If a Rent be granted out of two Acres with a distresse in one and after the other is recovered by an Eigne Title it shall be a Rent Seck as it was before for it cannot be now a Rent Charge if it were a Rent Seck before If a Rent reserved upon a Lease for life be granted over and after a recovery is had in Wast yet the rent remains as if the Lord grants the rent reserving the Homage the Rent remaines after the Escheat A rent is granted in Fee out of Land in Borough English and at common Law the Grantee dies having two Sons the Eldest shall have all for the
rent is intire and so not apporcionable then the Eldest being he is Heir at Common Law shall have all as an Assize at Common Law is maintainable for a rent granted out of Ancient Demesne and other Lands 35 H. 6. 4. p. Ashton If a rent be granted in Fee and the Grantee grants it for years the Grantee hath no remedy if it be denied for the Election to have an annuity is only given to the first Grantee and his Heirs and the Election runs in privity which fails in the second Grantee If a rent incident to a reversion be granted for years saving the reversion the Grantee hath no remedy for he shall not have an Action of debt though the Lease out of which the rent issued was for years for there wants privity If a Lease be made to two Habendum the one Acre in Fee and the other for life reserving a rent Quaere how the Lessor shall avow but his Executors are not aided by the Statute of 31 H. 8. If a Lease be made of two Acres reserving a rent for years and then the reversion of one Acre is granted the rent shall be apporcioned for as the contract is made in respect of the reversion so it shall be severed in respect of the reversion A rent charge is granted in tail to the Vse of A. and his Heirs the rent is behind the Donee dies without Issue A. brings an Action of Debt for the Arrerages If the Parson and Ordinary grant a rent charge out of the Glebe to the Patron the Successor shall avoid it for the assent of the Patron ought to be expresse and of the Ordinary also where the Successor must be bound and it is but implied here but the best way had been to have granted it to A. and he to have granted it to the Patron and in the first case if the Patron grants it over that is no full assent but the Successor shall avoid it If Tenant in tail grants a Rent Charge in Fee and makes a Lease for forty years and dies and the Issue accepts the Rent the Grantee shall have the Rent during the Lease and the life of the Issue although the Lessee Surrenders Quaere for the Reversion is discharged If Tenant in tail grants a Rent in Fee and dies and the Issue having a Wife dies before Entry his Wife is endowed she shall hold it discharged If the Father disseises the Son and grants a rent Charge and the Son endows his Wife Ex Assensu Patris in the same Land the Father dies the Son dies the Wife enters she shall hold it charged for she claims from the possession charged And if Tenant in tail grants a rent charge the Abator shall hold it charged If the Father disseises the Son and grants a rent charge in Fee and makes a Lease for years and the Son confirms the Lease and the Father dies the rent is gone So if a man grants a rent in Fee and makes a Lease for years and grants the reversion to the King or to the Grantee the rent is gone If a Lease be made of two Acres in one County rendring a rent and Livery is made in both severally yet it is but one rent though one Acre passed by the Livery before the other Lessee for twenty years makes a Lease over and makes a Lease of other Land in which he hath an Estate in Fee simple for twenty years reserving a Rent without Deed the whole Rent doth issue out of the Lands in which he hath an Estate in Fee for being he hath granted all his Right over in the other Land it cannot be a reservation out of that If a man grants a Rent for life and after by another Deed grants that it shall be lawfull for the Grantee and his Heirs to distrain for the same Rent that shall be intended a Rent of the same value for that Rent is determined by the death of the Grantee As if the King grants to the Mayor and Commonalty of D. the same Liberties which the Mayor and Commonalty of London have that shall be construed Liberties of the same nature If a man grants to me that whereas he hath made a Lease for forty years to A. that I shall present to the Advowson which the Lessor hath during the same term If A. surrenders the Mannor yet I shall present for when my Grant was during the same term that is to be understood during the like time If the Patron and Ordinary give license to the Parson to grant a Rent in Fee if he does it that will bind the Successor according to the opinion of 7 H. 4. 18. But if a Confirmation had been made to the Grantee before the Grant that had been void and the Diversity is this for in the first case there was nothing requisite but an Assent which may be before the Act is done and therefore it is said that if a Bishop makes a Gift in tail by Deed and the Dean and Chapter confirm the Deed Et omnia quae in eo sunt according to the usuall Confirmation in those cases and after Livery is made that was holden by all the Justices to be a void Confirmation for the Assent was not but to the Deed but the Confirmation ought to be after the Estate made and so a Diversity If a Rent Seck be granted to A. for life and after it is granted that he and his Heirs shall distrain for it during the life of the Grantee it is still a Rent Seck though he may distrain for it but the Heir shall distrain for it and take it by descent A. makes a Lease for life reserving a Rent in Fee and then grants the Reversion with Atturnment and reserves the Rent in Fee and dies the Rent is gone for it is reserved out of an Estate for life only So if Tenant in tail of a Rent grants it in Fee that is no discontinuance for it is granted but during the life of the Grantor If A. makes a Lease for life reserving a Rent the remainder for life the Lessor grants the reversion to him in Remainder the first Tenant for life atturns he shall not have the Rent for the Fee simple drowns the remainder to some purposes but as to this it is in Esse A. grants a Rent Charge in tail and enfeoffs the Grantee of the Land who gives in tail reserving to him so many services as he pays over to the Lord Paramount and dies the Issue shall not have a Formedon of the Rent being he hath the Reversion for the Land is discharged at the time of the Gift in tail 31 E. 3. Scire fac Lessee for twenty years makes a Lease for ten years who purchaseth the Reversion with Atturnment of the Lessee the Executor of the Lessee for ten years shall not have the residue of the term but the Heir but he shall pay the first rent reserved to the Lessee for twenty years in nature of a Rent Charge granted
by him for the Term is in Esse as to that purpose but it seems the first Lessee may distrain If two Parceners are seised in tail and one grants a Rent to the other for Equalty of Partition she shall have an Estate tail in the Rent 2 H. 7. 5. and note that the Estate in the Rent shall be of the same nature of the Estate received and not of the nature of the Estate out of which it issues As if there be two Parceners of one Acre in Fee and of the other in tail and upon Partition she which hath the Acre in Fee grants a Rent to the other that Rent shall be in tail and not in Fee but if she which hath the Acre in tail grants a Rent to the other that shall be in Fee for if she dies without issue her Heir shall have it as long as the other hath issue of ber body But if there be four Acres in Fee and one in tail and she which hath the four Acres in Fee grants a Rent to the other that shall be in Fee Quia sequitur magis principale If the Lord grants the Rent saving the Seignory and the Tenant is after disseised and atturns this is void for it is now a Rent Seck in which there is no Attendancy but a Charge to the Land If a man grants a Rent reserved upon a Lease for life saving the Reversion it is a good Rent Seck if the Tenant atturns But if there be Lessee for years rendring a Rent and the Rent is granted over saving the Reversion that is void for debt cannot lie by the Grantee and he cannot have any other action If the Feoffee upon Condition pays twenty shillings to the Lord whenas the Tenure was by Fine the Feoffor after his Entry for breach of the Condition is bound in a Replevin So if Lessee for life with Condition to have Fee and the Lessor pays more Rent to the Lord than he ought and after the Condition is performed the Lessee is bound in a Replevin So if a Seignory of twenty shillings is granted over by Fine and the Tenant aliens over and after pays forty shillings to the Lord the Feoffee is bound If a Lease be made for life rendring the first four years a Rose and after a yearly Rent of twenty shillings and the Lessor grants the Rent of twenty shillings to commence after the four years this Grant is void for the Rose and twenty shillings are all one Rent and if the Grant should be good the Grantor should have the Rose for four years whereas before he had the Freehold and then it is as if one had a Rent in Fee and grants it over after four years that Grant is void otherwise of a Rent created de novo If a man hath a Rent in Fee and becomes Tenant by the Curtesie of the Land and dies his Heir shall have a Mortdancester of the Rent which he could not have had if his Ancestor had not died seised So if an Assize be brought against the Pernor of a Rent and after the Plaintiffe is nonsuited the Disseisee of the Rent is chased to his Action for the Rent for the dying seised takes away his Entry viz. where the Pernor had an Estate for life in the Tenancy Lessee for twenty yeares makes a Lease for ten years reserving a rent and after makes a Lease to the same Lessee for ten years to begin after his first Estate ended It seems that the first Lessee shall have the rent during the first ten years as a rent service and distrain for it for the last ten years are not out of the first Lessee nor vested in the other neither shall they untill the beginning of the Term and in the mean time he hath but a right or Title to the Term. If Tenant for life and he in reversion grant a rent charge and the Grantee releaseth all his right to him in reversion if the rent be extinct Quaere If a Lease be made of two Acres rendring a rent upon Condition to be performed by the Lessee that he shall have Fee in one Acre not saying in which and Livery is made of both the Lessee performs the Condition what rent the Lessor ought to have Quaere or if it shall be apporcioned being part of the reversion to which the rent is appendant is in the Lessee and by an Act that had relation So that it may now be said that the rent was never reserved out of that Acre which seems to be of the same effect as if there had been a gift made of two Acres the one in Fee and the other for years rendring a rent in this case it shall be of one only Acre for he may distrain of common right and out of the other Acre no remedy until after Seisin Also in the said case if the Lessor will distrain in one Acre the Lessee shall take his Election viz. he shall say that he hath Fee in that Acre and so exclude the Lessor The Son makes a Lease to the Father for life who makes a Lease to A. for life the remainder in Fee to the Son the Son grants a rent charge out of the remainder and releaseth to A. in Fee the Father and A. die if his Issue shall hold it charged First it seems that the right Fee is devested and a tortious vested all in the same Instant As if Tenant in tail makes a Lease for life c. or the Husband makes a Lease for life of the Wives Land c. then in the first case the Rent being granted out of the Reversion it is the same as if it had been granted out of the Remainder for they differ not in substance And when the Son releaseth to A. and his Heirs all his Right that doth not inure as an Entry and Feoffment because A. was in by Title without Disseisin then that doth not give unto him the remainder as if he had released all his Estate in the Land or all his right Habendum the Land in Fee but here he had the right and the Estate and then a Release of right doth not inure to the Estate then if the release doth not perfect the remainder if the Grant of the rent which is an assent to the remainder doth so inseperably unite the remainder and the Rent that the right shall be drownd in the Estate for the preservation of the Rent and some think not for if the Disseisee takes an Estate in Fee from him who hath the Land by Descent he agrees to it and yet if he dies his Heir shall be remitted and so the rent charge avoided But others think that being by the Grant of the rent charge he hath agreed to the remainder and so to the Livery he cannot after enter upon the Tenant for life and then the release gives the remainder and so the Land is charged Where a Woman shall be endowed of a rent vide Dower If a rent seck be granted
and after it is granted that he may distrain in the same Land and after the Grantee brings a writ of Annuity if he may distrain after Quaere viz. if there be one or two rents A rent charge is granted out of two Acres the Tenant of the Land conveys away one the Grantee of the rent may distrain in one or the other But if one Tenant pay the rent if the other be distrained he may plead payment by his Companion A Fem hath a rent seck and marries the Tenant grants to the Husband that he and his Heirs may distrain for the rent the Husband wife die without Issue the distress is extinct for the Heirs of the Husband are only privy to distrain and they cannot distrain for a rent due to another But if a man hath a rent on the part of his mother and the Tenant grants that he his Heirs may distrain for the rent and he dies without Issue there the distresse shall go to the Heirs on the part of his Mother and if they grant the rent to a stranger he may distrain But if the Tenant grants to the Lord of the Mannor that he shall distrain ut supra and he aliens the mannor the Alienee shall not distrain out of the Mannor and in that case the penalty of the distresse is gone but in the other case the Grant being of a distresse in the same place out of which the rent issues this is now a rent charge and by consequence the distresse shall passe to the Grantee but if the Grant of the distresse had been in another place then it had been but a penalty and could not have gone to the Heir on the part of the Mother nor to the Assignee of the same rent and therefore the penalty being severed from the principall by Act in Law or in Deed the penalty shall cease Vide Parceners Lease Atturnment Reservation IF a rent be reserved to the Lessor he shall have it but during his life for it was not reserved longer And if it had been reserved during forty years he should have had it no longer But if the rent had been reserved generally and not expressed to whom that shall be to the Lessor and his Heirs for the Law will direct it If Lessee for twenty years makes a Lease for ten years reserving a rent to him his Executors shall have it for they represent the person of the Testator If a Gift in tail be made reserving during the life of the Donor a Socage Tenure and after Knights Service that is a good reservation and it shall be according to the words and his Wife shall be endowed of the Knight Service If a Lease for life be made rendring a rent for the first seven years he shall have an Assize for it for it is adjudged in 7 E. 3. 10. That an Action of Debt will not lie for the rent Dy. 23. a. Spilman cont Although Littleton saith a man cannot reserve a rent but to the Lessor or his Heirs yet if a man makes a Lease rendring a rent to his Heir that is a void reservation for his Heir shall take as a purchase and is as a Stranger But Littleton is to be understood so that the Disjunctive must be taken for a Copulative If a Feoffment be made of a Mannor reserving to the Feoffor an Acre for twenty years the Feoffor hath a Fee in it and nothing passeth of it for it cannot passe by the Livery and he cannot passe it to himself or reserve it for a certain time for then he should have a lease for years without a Lessor which cannot be If a Dean and Chapter make a lease reserving a rent to them their Successor shall have it because they never die If a man upon a Gift in tail reserve Socage tenure the first ten years and after Knights service within the ten years the Donee dies his heir within age if he shall be in Ward during the first ten years or after if they expire during his Nonage If a Feoffment be made of a Mannor reserving one Acre that is a good reservation but if a Feoffment be made of twenty Acres reserving one Acre that is void If a lease be made of land and wood for life rendring twenty shillings rent viz. ten shillings for the land and ten shillings for the wood the rents are made severall If there be Lord and Tenant by Fealty and twenty shillings rent and the Tenant makes a Gift in Franck-marriage to hold of him by Fealty only untill the fourth degree be past and after that by twenty shillings and Knight Service in that case after the four degrees he shall neither have the twenty shillings nor the Knight Service for though he reserved but Fealty until the four degrees were past yet it is an intire reservation presently and the Services be in him although they be not to be performed untill the four degrees be past and seisin of Fealty shall be a Seisin of the remnant wherefore being the Reversion is intire that is the reason that it is void For all cannot be reserved upon the gift in Frank-marriage If a man makes a Lease to two Habendum the one Moity to one the other to the other reserving one Hauk or a Lease pur auter vye to A. and a Dean and Chapter reserving one Hauk or if the Land the beginning goeth two severall ways and but one Hauk is reserved he shall have no more Reversion IF one Acre be given in tail which is holden in Socage and another Acre which is holden in Chivalry saying nothing the Donor shall have severall services and make severall Avowries though he hath an intire Reversion for the Law makes the Avowries in respect of the Tenure over and he holds the reversion of one Acre of one and of the other Acre of another and they shall Escheat severally If a Reversion be granted to Tenant for life and a stranger in Fee the Jointure of the Fee is severed for the Tenant for life hath a Fee simple in the moity vested presently but if the Reversion had been granted to Tenant in tail and a stranger there the Jointure remains But if the Husband be Tenant for life and the reversion be granted to him and his wife the Fee remains in Jointure for there is no moities between them A Lease is made for the lives of A. and B. the Lessee makes a Lease for the life of A. only he hath the reversion notwithstanding the Lease for he hath given a lesser Estate than he had if the second Lessee dies living A. an Occupant shall have it but others think the contrary for he had not before but one Freehold and by the Lease to the second Lessee he hath departed with the Freehold and the reversion of the same Freehold cannot be in him But if a Lease is made to me for the life of A. the remainder to me for the life of B. and I make a Lease for the life
of A. only I have a Reversion for the life of B. for they were two Estates but here was but one Estate and all that Grant was irrecoverable if A. survived then the possibility of the surviving of A. doth not make a reversion in the first Lessee But it is as if I am Lessee for the life of C. and I grant my Estate upon Condition that if D. dies living C. that I shall re-enter I have no Reversion notwithstanding this Condition for if the Condition be sufficient for me to enter upon an Occupant Quaere If the Bastard endows the wife of the common Ancestor Quaere in whom the reversion shall be If Tenant for life surrenders upon Condition and the Lessor marries and dies and the Wife is endowed against the Heir and after Tenant for life enters for breach of the Condition and not by the Wife and no default in the Heir yet the Wife shall not have the reversion of the Land after the death of Tenant for life for the Freehold which was the cause of her Dower was taken away by an Eign Title If a Lease be made for life reserving a Rent and the reversion is granted to the Lessee for his own life the Grant is void and he shall pay the rent but if the grant of the Reversion to another for the life of the Lessee that had been good for he shall have the rent and take a Surrender without Livery A lease is made to A. and B. for their lives and after the Reversion is granted to C. during the lives of A. and B. they make partition and A. dies the Question is if the first Lessor shall have his part after his death or C some think the Grant of the reversion was good for if the Tenant for life had entred into Religion C. should have the Land Quaere of this forreign Intendment but if the Reversion doth passe the Rent shall passe as a Rent Service And if the first Estate had been upon Condition to cease C. should have had it during their lives then it seems the Partition severs the Reversion for though by the first Grant he was intitled to have the Reversion so long as either of them lived that was in respect of the Jointure and when that is severed so is the reversion so that the first Lessor shall have it after the death of Tenant for life and not C. Quaere If a Lease be made for twenty years rendring a Rent and the reversion is granted for ten years that is a good Grant and he shall distrain for the Rent Quod nota If Husband and Wife accept a Fine Sur conusans de Droit come ceo c. of the Wives Land from B. and they render it to him in tail yet the Reversion is in the wife only for the Husband had nothing but by reason of the Coverture If the Donor confirm the Estate of the Donee in tail that is a Grant of the Reversion in Law A Recovery is had against Tenant for life upon a false Oath he in Reversion dies without Heir Tenant for life brings an Attaint and reverseth the Judgement To whom the Reversion is recovered is the Question Vide Remainder Reviver IF the Tenant makes a Lease for years to the Lord and he makes a Lease for life and the Tenant enters the Seignory is revived after the death of the Tenant for life notwithstanding there was a Disseisin and the Lord was the Disseisor by the Statute If the Tenant enfeoffs the Lord upon Condition and enters for the Condition broken the Seignory is revived But if the Lord grants his Seignory in Fee to one who hath the Tenancy with a Condition and after the Feoffor enters for the Condition broken before or after the Seignory is gone in both cases If the Lessor recovers in Wast against the Lessee for life who comes to the Seignory after the Wast committed the Seignory shall be revived but otherwise if Wast had been made after the Seignory accrued If after a Dissent the Disseisor comes to the possession again the Entry of the Disseisee is revived If a Bastard dies seised leaving Issue who endows his mother the Mulier may enter for the Wife is endowed by an Eign Title and so the right is revived If a Disseisee enters upon a Dissent and dies seised and the Heir endows his Mother the Entry of him who was in by Descent is revived If the Tenant enfeoffs the Heir of the Lord upon Condition the Lord dies the Condition is broken the Seignory is revived If the Grantee of a Rent Charge in Fee grants to one that if he pays to him or his Executors twenty Shillings by such a day that he shall have Rent in Fee the Grantee dies without Heir the second Grantee pays the money to the Executors according to the appointment the Rent is revived A. having Common Sans number in tail in two Acres purchaseth one Acre and then hath Issue and dies so that the Common in one Acre desdescends to the same Issue if the Common shall be revived in the other If the Issue had recovered one Acre against the Grantor by a Title before the Grant there it shall remain in the other Acre for then it is as if but one Acre had been charged at the first but upon a Dissent there can be no apporcionment for it is gone and suspended for all or revived in the residue for all for Common without Number is intire and cannot be severed but Common certain may be apporcioned upon a Dissent If the Lord disseises his Tenant and is disseised and the Tenant enters the Seignory is revived If Tenant for life aliens in Fee to the Grantee of a Rent in Fee by his Lessor and the Lessor enters for a forfeiture the Rent is revived Seisin LOrd and Tenant the Lord having a Son dies the Tenant makes a Feoffment the Son hath Seisin of the Rent by the hands of the Feoffee if this Seisin be sufficient for the Son to maintain an Assize against his Disseisor after Severance of the Jointure IF Two Jointenants make a Lease for life and after one grants his part to a stranger for the life of the Lessee some think it is a severance of the Jointure If two Women Jointenants be Mesnes and one of them marries the Tenant the Moity of the Mesnalty is suspended and the Jointure severed Vide Jointenants Statutes THe Husband is bound in a Statute Merchant after he and the Wife levy a Fine of the land of the wife to A. the Husband dies the Statute shall not be extended in the hands of A. for nothing passed from the Husband but the Estate which he had during the Coverture which is determined by his death and A. shall have the same benefit which the Heir of A. should have had or as he should have if the Wife had been discovert and had granted it for it is lawfull for a Fem covert to grant her Estate by Fine and
her Dower of the third part of the Rent the Heir cannot have an Annuity of the two parts for it must be for all or none for it cannot be apporcioned If the Obligor for twenty pound makes the Obligee his Executor and leaves but ten pound he may retain that ten pound and sue the Heir for the rest So that a Duty may be apporcioned by act in Law If a Lease be made of two Acres for years rendring a Rent and the Reversion of one of them is granted over the Rent shall be apporcioned for as the Contract is made in respect of the Reversion so it shall be severed in respect of the Reversion If a Lease be made of two acres rendring a Rent with a Clause of re-entry into one for not payment of the Rent it seems reason that the Rent shall be apporcioned And so if the Condition had been that he should have fee in one Acre And if a man makes a Lease of a flock of sheep and land rendring a Rent if either of them be evicted the Rent shall be apporcioned But if I have a term of twenty years and I grant it over with a stock of Cattle rendring a Rent by Indenture and if the rent be arrear that I shall distrein there if the stock be recovered the Rent shall be apporcioned for before my Recovery my remedy was by distress and not by Action of Debt and so no apporcionment for a Chattle devested If one enters lawfully upon Tenant for life by title Paramount into one Acre for a condition broken though he has the same title to all the Land or enters into one Acre by a title upon an alienation in Mortmain or consent to a Ravisher c. or if the Lessor himself enters into one Acre by reason of a Condition broken or because he was within Age at the time of the making the Lease and peradventure part is good by Custome which enables an Infant to make a Lease or if the Lessor takes a Surrender of parcel or recovers parcel in Wast 21 H. 6.48 or if one Joint-tenant enters for a Condition broken into his moity in all these cases the Rent shall be apporcioned But if the Land at the time of the Lease was discharged of a Rent which after revived so that the value of the Land is impaired to the Lessee there the Rent shall not be apporcioned for the Land out of which the Rent issues remains intire to the Lessee But if one hath title to enter upon his Tenant for life into twenty Acres in two several Counties and he enters but into one Acre only Quaere if the Rent shall be apporcioned There is no apporcionment upon the Grant of a Seignory but only by the Feofment of the Tenancy If I disseise one to the use of A. after twenty pounds advanced by me out of the profits or to the use of my selfe for life and after to his use in fee he shall have nothing by his agreement for the wrong cannot be apporcioned If a man has Common Sans Number granted to him in tail out of two Acres and he purchaseth one Acre and dies which descends to his Issue in tail there can be no apporcionment for either it is gone in all or revived in the residue for all for Common Sans Number is a thing intire which cannot be severed But if it were Common certain it were otherwise But being the Common was intailed the Act of the Tenant in tail shall not prejudice the Issue where a rent is suspended in part there can be no apporcionment during the suspention but afterwards there may If the Tenant holds of the Lord by Fealty and twenty shillings of the Mannor of Dale and the Lord makes a Lease of the Mannor reserving forty shillings with Atturnment and after releaseth to his Tenant all his Right If the Rent of forty shillings shall be apportioned First it seems by the Release the Tenant is discharged of twenty shillings as well against the Lessee as against the Lessor because now the Tenant holds it of the Lord Paramount and so not of the Lessee Also the Rent of forty shillings was as well payable for the services as for the Demesns although a Distress cannot be taken in the Demesns But yet being the twenty shillings is lost not by a Title Paramount but by the Lessor if now it shall be apportioned or not 21 H. 7.6 There be three Daughters two by one venter and the third by another The youngest being seised of three Acres of equal value grants a Rent of three shillings to the Father in fee and makes a Feofment to the second Daughter of one Acre who dies without Issue so that it descends to the eldest the Father dies by this descent the Rent shal be apporcioned If a man hath a Rent of twenty shillings out of twenty Acres of equal value and one Acre descends to his Wife the whole Rent is suspended for it cannot be apporcioned when he is seised of part of the Land in auter droit But if she dies and he is tenant by the Curtesie it shall be apporcioned for the Land continues in him by act in Law which is equal to a descent and if the Rent be in tail and part of the Land descend in fee or if the Rent be in fee and part of the Land descend in tail there shall be no apporcionment Arrerages IF a Seignory be granted for years upon Condition to have Fee and after the Fee is vested by the performance of the Condition the Arrerages due before are extinguished for the term is extinct Assent IF the Patron and Ordinary give leave to the Parson to grant a Rent in Fee it will bind the Successor 7 H. 4. 18. for an Assent may be before the Act is done If the Patron assent to the charge of the Parson upon condition it is good but if he had the Patronage but for life c. after his estate ended the Assent will not bind the second Patron If a Parson be Patron of a Church and the Parson with the Assent of the Ordinary grants a Rent Charge or makes a Lease for yeares the Assent will not make it to endure no more than the Assent of a Bishop who is Patron without the Assent of his Chapter Nor the Assent of Tenant in tail or for life who is Patron cannot make it endure for ever If the Bishop grants in Fee to the King by Deed confirm'd by the Dean and Chapter and the Deed of the Bishop is inrolled and the other not it seemes it shall bind the Successor for the Assent is to the Deed of the Bishop not as a Confirmation As the Abbot may make livery where it is the Deed of him and his Covent so in this case the Bishop may deliver the Deed of him and of the Dean and Chapter Assets LAnd is given to two Women Quam diu simul vixerint the remainder to the Heirs of her that first dies One hath
Charge before the fine levied there the Conisee should never have avoided it because they had been executed at the time of the levying the Fine If Husband and Wife accept of a Fine sur conusans de droit come ceo c. from B. of the Wives Land and they render it to him in tail yet the Reversion is in the Wife onely and the Husband hath nothing but by reason of the Coverture 40 Ass p. 4. A Fem covert is infeoffed the Husband being beyond Sea who upon his return disagrees yet the Freehold shall not be devested without an Entry and if the Husband dies before his Entry the Wife is Remitted and the Title of Entry which the Feoffor had is taken away If a Fem tenant for life marries the Husband makes a Feoffment the Lessor enters the Husband dies she cannot avoid the Forfeiture If a Fem covert be infeoffed and disseised by a Stranger the Husband disagrees to the first Estate and dies the Wife may enter and retain against the first Feoffor for the Disagreement was frivolous the Wife having only a Right Quod nota If a Fem Jointenant for years marries the survivor shall have all the Term. So if an Obligation be made to a Fem sole and another and she takes Husband and dies the survivor shall have all for 't is a Chose in action If a Fem hath a Term and marries and dies the Ordinary may commit Administration of it to a Stranger But the Law seems to contradict this for the marriage is a Gift in Law the Wife dying first If a Fem hath a Lease for years and marries the Villaine of the Lessor he may enter into the Land as a Perquisite The Husband is Tenant for life the Remainder to the Wife for life the Remainder to the Husband in tail how the Husband might discontinue the Estate in tail without barring of it was the Question The intention was this that the Husband and Wife should make a Lease to A. for the life of the Husband and Wife and the Survivor of them and that A. should grant his Estate to the Husband and then he should make a Feoffment and that would prove a Discontinuance Land is given to A. and a Fem sole and to the Heirs of the Body of the Woman begotten by A. They marry and have Issue the Husband aliens a Moity and dies the Issue dies without Issue If the Woman may enter into the Moity for the forfeiture being she could not enter at the time of the Alienation And also she is Tenant in tail after possibility c. in which case she hath but a Freehold in Remainder as she had before But otherwise if it had been an Estate in tail in remainder after the Estate vide 45 Ass 6. The Husband makes his Will and devises out of his Mannor of Dale a certain Rent to his Wife for her life in consideration that she should not have her Dower and dies The Wife recovers by Default in Dower the third part of the Land she shall have the whole Rent out of the two parts for the Recovery is upon a good Title And a Devise cannot be averr'd to be a Jointure within the Statute for at that time neither Land nor Rent were Devisable and therefore she was discovert when the Devise took effect and so both out of the words of the Act and also out of the Equity and then from that time the Title of the Land relates Paramount the Title to the whole Rent shall remain Vide Leases Atturnment Remitter Bastard IF the Bastard enters into the Mannor and recovers in a Cessavit being the Mulier dis-approves the Estate of the Bastard he shall not take benefit of the Recovery If the Bastard dies seis'd the Mulier within age some think the Right is gone no more than if the Mulier had been born after the Descent So if the Bastard enters and the Mulier dies his Wife enseint and before the birth the Bastard dies and his Issue enters the Mulier is not bound by that and others think the contrary If a Bastard dies seised of Land his Wife enseint and before the birth the Mulier enters the Issue of the Bastard when he is born shall be bound for by a dying seised onely without a discent to the Issue his right of Entry was not taken away For if a Disseisor dies without Heir the Disseisee may enter upon the Lord by Escheat because there was no Heir to make it a Descent So in this case If a Bastard Puisne enters into Land in Borough English and dies seised and his Issue enters the Mulier is bound But such a Bastard Puisne is intended where the first Wife by whom he had the Mulier dies and then he hath a Bastard and marries the same Woman For if a man marries the woman by whom he hath a Bastard and she dies and after he hath a Mulier by another Wife though they be not by the same Mother yet such a Bastard gaines the Inheritance to his Issue if he dies without Interruption By the same reason the Bastard Puisne If the Mulier ou ts the Bastard who recovers against him in an Assise where the Mulier pleads Ne unques seise c. and after dies that descent shall take away the Right of the Mulier for the possession which he had is defeated by the Recovery For he shall have an Assise of Mortdancester or Scire facias where such a Possession is removed But otherwise it had been if he had entered If a Bastard dies living the Father and leaves Issue his Issue shall be in the same case against the Mulier as the Father should have been if he dies seised without Interruption If the Heir of the Bastard be in by descent he shall gain the Land from the collaterall Heir or against the Lord by Escheat as well as against the Mulier Puisne If the Issue of the Bastard be the first that enters and dies seised his Issue shall retain against the Mulier If the Bastard dies and his Issue endowes the Wife of the Bastard Quaere if the Right of the Mulier be bound But if the Wife of a common Ancestor be endow'd the dissent of the Reversion shall be to the Mulier Quaere If a Remainder be directed to the Right Heirs of A. and he dies and the Remainder vests and after the right Heir is proved a Bastard or is made so by Act of Parliament yet he shall hold the Land for ever because he takes by purchase If there be Bastard eigne mulier puisne the Father makes a Lease for yeares and dies the yeares expire the Bastard enters and dies seised his Issue enters the Right of the Mulier is not bound for the possession of the Lessee for years was the possession of the Mulier and being that he was once seised so that he may have an Assise or Mortdancester his Right shall not be taken away If there be Bastard Eigne
Mulier Puisne and the Father dies seised of a Mannor the Bastard enters and gets the Services of all the Tenants and after one of the Tenants makes a Lease for life to the Bastard who dies seised and the Issue enters into the Mannor the Mulier may distrain the Tenant who made the Lease for life for all the Services due after the death of the Father for his Entry was not taken away as to the Services of that tenancy the Seignory of that tenancy being suspended in the estate for life and so no Descent but if there had been a Lease for yeares it had been otherwise Grandfather Father and Son the Father a Bastard the Grandfather seised in tail Quaere if the Son shall Inherit If there be Bastard Eigne Mulier Puisne and the Father is disseised and dies the Bastard enters upon the Disseisor and dies seised being there was no possession in Law descended from the Father but onely a naked right which vests in the Mulier therefore the Descent of the Bastard shall not take away the right of the Mulier But if the Father had died seised and a Stranger had abated upon whom the Bastard had entred and died seised there the Mulier shall be barr'd because the possession in Law descends Tamen Quaere for the entry of the Abater vests a right of Action in the Mulier which cannot be devested by the Entry of the Bastard If there be a Son Bastard Eigne and Daughter mulier Puisne the Father dies seised of a Rent the Daughter having a Husband the Bastard gets the Rent and thereof dies seised and that descends unto his Issue yet the Husband shall be Tenant by the Curtesy and the Mulier shall not be bound by it for the Rent was vested in the Daughter at the time of the Descent and being the Daughter may choose whether she wil admit her self out of possession or no therefore it is at her Election whether she will suffer any wrong to be done to her self or no. If a man dies seised having a Son a Bastard eigne and a Daughter a mulier puisne being married at that time the Bastard enters and dies seised his Issue enters and the Husband dies perhaps the Wife shall not be bound no more than an Infant in that case But if the Bastard had entered and after she had taken Husband c. it had been otherwise If a man hath a Daughter a Bastard eign and a Son a Mulier Puisne perhaps the Maxime does not hold for she had no colour by the Law If there be two Daughters Mulier and Bastard and they make Partition and the Bastard dies seised without Issue the Land shall not Escheat for if the Lord will say she was a Bastard and so it ought to Escheat the Mulier shall say that she her self is a Mulier and therefore it belongs intirely to her and if the Lord will say they made partition by which the Mulier had admitted her inheritable then the Mulier shall say by that I did admit her to be my Sister and so I am her Heir thus the Lord is estopped every way Lord Mesne and Tenant by equall Services the Tenant fore-judges the Mesne the Lord dies having a Bastard eigne Mulier puisne the Bastard hath Issue and dies seised after he had married with the Tenant the Wife dies the Mesne reverses the Fore-judger by error the question is if the Mulier shall have the Rent of the Seignory It seems the Maxime holds place as well of a Rent as of Land as it is holden in 14 E. 2. Bastard 26. And though the Rent was suspended by the Marriage yet the Maxime holds place as to the dying seised of a Rent without interruption for if a man hath a Rent in Fee and becomes Tenant by the curtesie of the Land and dies his Heir shall have a Mortdancester of the Rent which he could not have if his Ancestor did not die seised Vide Release Bona Felonum c. THe Goods of those who are attainted by Verdict or Outlawry or Confession are said Cattalla Felonum and if a man flies for Felony the Goods which he hath at that time are Bona waiviata and though he be Attainted after yet they are so still But if a man flies for Felony and after he is taken and acquitted there his Goods are forfeited as Catalla Fugitivorum but in all the cases the property must be in him that flees But by some Bona Waiviata are those which are stollen by a Felon and left v. 29. E. 3. 12 E. 4. 6. Borough English A Man dies without Issue seised of an Acre in Borough English having two Uncles the youngest who enters into the Acre by reason of the possession is voucht with the Eldest by reason of a Warranty entred into by the Nephew they lose the Tenant who voucht them having recovered dies leaving two Sons the eldest sues Execution and the youngest ou ts him vide 11 H. 7. 12. A. Charge GRandfather Father and Son the Father disseises the Grandfather and dies the Son grants a Rent Charge the Grandfather dies the Son shall not avoid his own Charge by the accession of this new Right If the Son disseises the Father and grants a Rent Charge and the Father grants a Rent Charge the Land shall be charged in Perpetuum but if the Son had been dead first it had been otherwise and his Son should have holden it discharged If a Stranger disseises the Father and grants a Rent Charge and infeoffs the Son and the Father dies the Son shall hold it discharged If the Father disseises the Grandfather and dies the Son enters and grants a Rent Charge the Grandfather dies he shall hold it discharged although he was of full age at the time of the Charge vide Sect. preced cont As if Tenant in tail infeoffs the Issue within age who grants a Rent Charge at full age after the death of Tenant in tail the Son shall hold it discharged for in both cases he is in of another estate If a Disseisor grants a Rent Charge and is disseised a Release is made to the second Disseisor the Charge remains If two Jointenants grant a Rent Charge Provided that it shall not charge the person of one of them some think he shall not charge the other Tenant in tail grants a Rent Charge in fee and makes a Lease for forty yeares rendring a Rent and dies the Issue accepts the Rent some think the Grantee shall have the Rent during the Lease and the life of the Issue though the Lessee surrenders Quaere for the Reversion is discharged The Father disseises the Son and grants a Rent Charge the Son endowes his Wife ex assensu patris in the same Land the Father and Son die the Wife enters as Tenant in Dower she shall hold it charged for she doth not claim from the possession in Law but from the possession charged If Tenant in tail grants a Rent Charge and
Charge and died without Issue if the Heir on the part of the Father shall hold it discharged and some think he shall If A. makes a Lease for years upon a collaterall Condition and the Lessee makes a Lease for 20 years and then surrenders to the Lessor it seemes to some that the Condition for the rest is extinct for he hath part of the estate by his own Act so that if he should re-enter he could not be in in the same manner as he was before for he cannot avoid all the estate If a Feoffee upon Condition make a Lease for life and after the Feoffor releaseth the Condition to him in Reversion the estate for life is discharged of the Condition and it seems to them all one viz. a Release in Deed and in Law And Note if Feoffee upon Condition makes a Lease for life a Release of the Condition to Tenant for life shall extend to all the Condition against the Feoffee And it is cleer if there be Feoffee upon Condition of two Acres and the Feoffor releases the Condition in one it remains in the other as it shall be of a Warranty annexed to two Acres for the Condition is several as the Right is and shall remain in part of the Land as the Right shall do But if the condition had been by two or to two there a Release by one or to one dischargeth all the Condition as it shall do a Warranty but if a man hath two Acres one to him and his Heirs Males and the other to him and his Heirs females and makes a Lease for years of both of them rendring a Rent upon Condition and dies having a Son and a Daughter the Condition remains for the Son in one Acre and is extinguished for the other And if Lessee upon Condition surrenders one Acre it remains for the other Tenant for life makes a Lease for years upon Condition to have it for the life of Tenant for life the Lessee dies and his Executors perform the Condition yet the Freehold shall not accrue to them For when the Lessee for years died the Condition was gone for the Executors are not capable to perform the Condition to increase a Freehold although they may to encrease a term for the one is testamentary and the other not Vide Infant Fem covert Entry Rent Confirmation LEssee for life makes a Lease for years rendring a Rent the Lessor confirms the Estate of the second Lessee Tenant for life dies within the term and the Lessor distrains and avowes for the Rent some think he cannot Tenant for life grants a Rent charge in Fee the Lessor joins in a Feofment of the Land the Rent shall indure for ever for it is the Feoffment of the Tenant for life and the confirmation of the Lessor If a Disseisor takes a Confirmation of the Lord to hold by lesser Services and the Disseisee releases to him yet he shall take advantage of the Confirmation If there be two Tenants in Common for life and a Confirmation is made to them and their Heirs they are Tenants in Common of the Fee as they were of the Freehold for a Confirmation inures according to the nature of the estate upon which it inures and a Confirmation does not alter the estate If Land be given to two men and the Heirs of their two bodies and the Donor confirms the Land to them in Fee they are not Jointenants of the Fee If a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged for it cannot inure as a Grant and as a Confirmation If there be Lord Mesne and Tenant each by Fealty and twelve pence the Lord confirms the estate of the Tenant to hold by one penny that Confirmation is void for want of privity for there ought to be an immediate tenure where it is to be abridged As if Tenant for life makes a Lease for years and the first Lessor confirms the estate of the Lessee for years that is void for want of Privity So if Tenant in tail makes a Lease for his own life and the Donor confirms that will not enlarge his estate Lord Mesne and Tenant each of them holds by twelve pence the Mesne is outlawed in Felony the Lord confirms the Estate of the Tenant to hold by one penny the Heir of the Mesne reverses the Outlawry by Error and distrains and avows for twelve pence There is Diversity viz. if the Tenant dies without Heir the Law cast the possession of the Tenancy upon the Lord so that he hath the possession in Law before Entry But if the Tenant be attainted of Felony there the Lord hath not the possession either in Fact or in Law before Entry for if the Tenant continue twenty years in possession after the Attainder he shall be said to be Tenant then here the Law doth not cast the possession of Mesnalty upon the Lord and so there wants that privity between the Lord and the Tenant which is requisite to the deminishing of the Services Then here the Confirmation inures to prove his Agreement to the Escheat or otherwise it shall be void which the Law will not suffer If the Mesne grants the Mesnalty to the Lord Par auter uge and after the Lord had confirmed ut supra and after cesty que vye dies there the Mesne shall hold according to the Confirmation for the Fee of the Seignory was not in suspence because he had it but par auter vye If a Fem hath a Lease for twenty years and the Lessor confirms to the Baron for forty years who dies the Fem shall have the residue of the twenty years Quod nota If a Disseisor makes a Gift in tail or Lease for life to A. to whom the Disseisee confirms yet after the estate determined he shall enter upon him in Reversion for the estate is only fortified but if the Confirmation had been to the Disseisor he cannot enter upon the particular Tenant But if the Disseisor had given c. to A. and B. and to the Heirs of A. and the Disseisee confirms the estate of B. Quaere But it is cleer if he had confirmed the Estate of A. he should never enter upon his Heirs for if a Disseisor gives Land to C. in tail the Remainder to the right Heirs of C. and the Donor confirms the estate that shall go to the Fee And if a Disseisor gives land to A. for life the remainder to B. for life and the estate for life to A. is only confirmed Quaere If a Disseisee where his entry is taken away and a Stranger enters upon the Heir in by descent confirms the Estate of the Stranger though his confirmation gives no possession of the Freehold yet his ancient Right is gone for ever But if the Heir who is in by descent were disseised by A. who makes a lease for life to B. and the first Disseisee confirms his Estate and the Heir enters the
Disseisee hath no remedy during the life of B. for the Confirmation continues so long and no longer And the Heir hath the Right of B and so the Disseisee cannot have an Action against B. and by the same reason he cannot have an Action against him that hath his Estate in respect of the first Disseisee So if the Heir in by descent had made a Lease for life to the Disseisee and a Stranger and the Disseisee confirms the Estate of the Stranger there the Disseisee hath no Remedy during his own life though the Heir re-enters Causa qua supra but his Heir shall have Remedy for it was but a conclusion And some say that the confirmation in the first case shall not extend to the Right that was suspended as a Release will do no more than if a man hath a Rent Charge and he and another disseise the Tenant of the Land and he which hath the Land confirms the Estate of his companion the Disseisee re-enters the Rent is revived for as the Rent was not grantable being suspended in the Inheritance no more may the Confirmation extend to it or touch it Two Jointenants for life of two Acres the Land is confirmed to them in Fee of one Acre to the use of one and of the other Acre to the use of the other in fee they are severall Tenants of the Freehold of the severall Acres for the Confirmation is drownd by the Confirmation in Fee to the Vse and the Freehold made according to the Vse as if it had been before the Statute of 27 H. 8. The Parson makes a Lease for twenty years the Ordinary confirms for ten being it is an intire thing it cannot be confirmed in part as a Confirmation to the Disseisor Tamen Quere for the Assent of the Patron cannot be like to that The Husband is Tenant for life the Remainder to the Wife for life a confirmation is made to them in tail how it shall inure Some think that they shall take the Estate by Intireties and not by Moities It may be said that the estate for life to the Husband the remainder to the Wife continues but if not then to the Wife for one Moity and a Moity in the Freehold shall be extinct c. Vide Baron Fem Wast Continuall Claim LAnd is given to Baron Fem and a third person and to the Heirs of the Bodies of the Baron Fem they have Issue the Baron dies Tenant for life aliens a Moity in Fee the Wife makes Continuall Claim the Issue dies without Issue the Wife may enter upon the Heir of the Feoffee who dies within the year after the Continuall Claime Quere It seemes though at the time of the Continuall Claim she had a Right of Entry yet now the Estate is changed and she shall not enter Quaere how Continuall Claim may be made by Tenant in common for the possession pro Indiviso If the Disseisee dies after he hath made Continuall Claim and within the year a Descent is cast the Heir of the Disseisee cannot enter for it gives only a Title for the advantage of the person who durst not enter But if the Descent had been in the Life of the Disseisee then the Heir of the Disseisee may take Advantage of it For a Title of Entry descended If Tenant for life with a Remainder over be disseised and makes Continual Claim dies he in Remainder shall avoid a Descent happening within a year after the Claim for his Interest was reduced Otherwise of a Son in the life of his Father he hath no Interest If two Jointenants are Disseised and one makes Continual Claim and then dies and after a Descent is cast Quere If the Grandfather be a Disseisor and dies seised within a year after Continual Claim made and after the year and before Entry the Father dies and the Son enters the Disseisee may enter upon him Quaere for some think the contrary Covenant videVse Damages LAnd is given to Baron Fem in Fee the Husband dies the Wife waives the possession and recovers Dower against the Heir she shall have Damages for when she refused the Husband shall be said to die seised and so within the Compass of the Statute If the Husband makes a Feofment and takes an Estate to himself and another in Fee the Husband dies the Wife shall not recover Damages for she recovers her Dower of the Estate which he had before and not of the Estate whereof he died seised So if he had retaken in Fee upon Condition c. For the Law says she is endowable of the First Estate and not under the Condition Daughter A Man makes a Lease for years and dies having a Daughter his Wife Euseint with a Son the Daughter confirms the Estate of the Lessee to hold to him for life with Warranty The Son is born and dies without Issue the Daughter enters upon the Lessee and upon a Re-entry she brings an Assize some think it maintainable But if the Son had Entred upon him an Ejectione Firmae lies A. hath two Daughters the Eldest disseises the Father the Father dies she hath Issue and dies the other Enters claiming her part of the Moity and she brings her Assize that was a Moot case If Tenant in tail discontinues and dies having a Daughter his Wife Enseint with a Son The Daughter Recovers in a Formedon and dies before Execution without Issue the Son born after shall not enter nor sue Execution If the Daughter recovers in value by reason of a Warranty of the Ancestor before the Birth of the Son the Son when he is born shall enter upon Her for he recovers as Heir and it comes in Lieu and so shall be in the same Degree as the first Land was A man makes a Lease for years rendring a Rent upon Condition and dies leaving a Son and a Daughter by one Venter and a Son by another the Eldest Son gets the Rent and dies the Daughter shall have the Reversion but the Condition is gone for she is not Heir If a Daughter enters by purchase or for Alienation in Mortmain she shall retaine against a Son born after A man hath a Park by Prescription in Land in Borough English and dies having two Daughters the Question is which of them shall have it Some think the youngest for a Park is nothing but Land inclosed and a Liberty in Land shall ensue the nature of the Land also a Park may be by Prescription 18 H. 6. 21. a. 1. H. 4. 4. One may have the Liberty of a Park without Allowance Then if Prescription can make a Park there is no doubt but that it may be of the nature of Borough English for the Comencement of it is not known 10 H. 7. 6. per Keble Vide Parceners Deed. A. makes a Feoffment of the Mannor of D. to which an Advowson is appendant by Deed and makes a Letter of Atturny to make Livery the Advowson shall not passe by
before Entry he in Reversion may enter as upon the Disseisor of his Tenant but if he dye and his Heir in by Descent he cannot enter After a Discent the Disseisee abates the wife of the Disseisor recovers dower by confession if the disseisee may enter A Lease for life is made rendring a Rent with a Re-entry for default of payment the Lessor hath cause of Entry the Lessee is disseised and a discent cast the Lessee dies the Lessor may enter for the Land was alwayes recontinuable by Entry If Lessee for years upon Condition be outed after the term and a dissent cast the Lessor shall enter for breach of the Condition Escheat IF Lessee for yeares makes a Feoffment and the Lessor dies without Heir the Lord shall not enter for the Escheat for it is a good Feoffment against him A. infeoffs B. so long as Paul's Steeple shall stand B. dies without Heir if the Land shall Escheat Vide Attainder Bastard Estate IF a Lease be made so long as A. and B. shall be Justices if one of them be removed the Estate is determined for the time was in the Copulative and a Collaterall determination But if it had been during their lives and one of them had died the Estate had continued A. hath Issue a Son and a daughter Land is given to the daughter and to her Heirs Females of the body of the Father begotten she hath not Estate tail but for life only Inst If a lease be made to a Dean and Chapter for their lives they shall have a Fee for they never die If a Rent of twenty shillings a year be granted until the Grantee shall receive twenty pound the Grantee hath an Estate but for twenty years for it is certain So if it had been granted untill A. shall arive at his full age he takes but for years If Land of twenty shillings a year value be granted until he shall receive twenty pounds out of the Issue and profits and Livery be made he takes an Estate for life by reason of the uncertainty of the profits If A. makes a Lease for life reserving a Rent and if it be behind that he shall enter and retain til he hath received the Rent out of the profits of the Land all the Estate of the Lessee is defeated 30 E. 3. 7. If A. hath two Daughters and the Eldest gives Land to the youngest and to the Heirs of the body of the Father begotten there passeth but an Estate for life for the donor is one of the Heirs and it cannot be an estate tail in her self of her own making and it cannot inure to the other for she is not Heir But if it had been given to the youngest the eldest being born out of the Realm it shall go to him Estopple IF a Praecipe be brought against the Father of the Sons Land and he loseth and the Son after the decease of the Father brings a Writ of error to reverse the Recovery and Judgement is affirmed the Recoveror may enter upon the Son for by bringing his writ of Error he is Estopped to say that his Father was not seised If an Infant delivers a deed which bears date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date neither shall a Fem Covert Husband and Wife seised and to the Heirs of the Husband the Husband makes a gift in tail the Wife recovers against the donee in a Cui in vita supposing that she hath a Fee and dies and the donee dies and the Issue of the Husband and Wife brings a Formedon in Reverter and though he was Heir to the Wife he shall be Estopped to say that he had a lesser estate than in Fee yet the Issue who claims by the Husband shall not be Estopped Vide Dower Estover A. seised of an house on the part of his Mother and Estovers are granted to him in Fee and he dies without Issue the Estovers are extinct If there be two disseisors of a house and they have Estovers granted to them to be imploied in the same house and the disseisee releaseth to one the Estovers remain for part If one hath Estovers in certain in ten Acres of wood and five of them descend to him he shall not take the whole out of the residue Exchange IF A. exchanges twenty Acres with B. for ten of equall value B. is impleaded and loseth ten Acres vouching A. and recovering in value he shall have all the ten Acres again which he gave to A. and retain the ten Acres Residue without Warranty for the folly of A. If A. exchangeth Land with B. in Fee who infeoffs a stranger one enters into the Land of A. by Title Paramount he cannot enter upon the Feoffee of B for the privity of the Exchange is determined by the Feofment If A. and B. exchange Land and A. makes a Lease for life B. is impleaded and recovers in a Warrantia Chartae and hath execution of other Land the Tenant for life dies A. enters upon whom a stranger enters by Title Paramount he hath no remedy for the Land rendred in Value for that doth not go in privity as the Exchange doth If A. and B. exchange Land and A. dies in a Praecipe against B. he vouches the Heir of A. who enters into Warranty and cannot bar the Demandant by which he recovers and B. over in value the Demandant enters if B. may enter upon the Heir or is chased to his Habere facias ad valentiam Some think he may enter for a descent is not material against a Condition as this is for if there had been an express Condition he might have entred and so he may now But if part of the Land exchanged had been recovered against B. he could not have entred for he shall not be his own Judge of the portion But where all is recovered the whole Exchange is avoided and therefore he may enter If one Exchangee makes a Feofment of his part the other shall not enter upon the Feoffee for the Condition is determined and dissolved But Quaere if after the Feofment the other may vouch If two Acres are exchanged for a Mannor and a stranger enters by title Paramount into one Acre he shall enter into all the Mannor for it is an entire thing And Quaere if he shall retain the other Acre Execution IF Tenant in tail with a Remainder over with VVarranty recovers in value and dies before Execution he in Remainder shall sue Execution because he is privy If Tenant in tail dies without Issue If a man Recovers in value Land in Burrough English Quaere if the youngest Son shall sue Execution But if the Issue in tail recovers in a Formedon and dies without issue before Execution the Donor cannot enter or have Execution If tenant in tail discontinues and dies leaving a daughter his Wife Privement Enseint with a Son the daughter recovers
and in the mean time the Lessee shall have the Rent reserved upon the first Lease for a Lease for years is nothing but a Contract If a Lease be made for ten years to commence at Michaelmas and after he makes a Lease for twenty years to commence at Easter the second Lease is good for ten yeares though the first Lessee surrenders before for it was void for ten years at the first by the same reason if one makes a Lease for life and after makes a Lease for years to commence presently the second Lease is void although the first Lessee dies within a year after If Lessee pur auter vye makes a Lease for twenty years by Indenture and after purchaseth the Reversion in Fee and Cesty que vye dies the Lessor may enter upon the Lessee although the years continue for he hath a new Estate and may confesse the Conclusion and avoid it But if A. lets Lands in which he hath nothing and after purchaseth the Land the Lessee may Estop him although he had not any Estate at the time of the Lease so he cannot confesse the Lease and avoid it as he may in the other case for in this case the Lease took effect by way of Estopple but in the other case there was an Interest conveyed at first If the Patron grants the next avoidance and after he the Ordinary and Incumbent make a Lease of the Rectory for twenty years the Incumbent of the first Grantee shall avoid the Lease but if he dies during the Lease the Lessee shall enjoy it during the rest of the years against the Successor And if Land be given to Husband and Wife and to the Heirs of the Husband he makes a Lease for years and dies after the death of the Wife the Lessee shall enjoy the Residue of the years against the Heir of the Husband for the Lease did once take effect But where a Lease for life is made and a Lease for years to begin presently that was void at the beginning against all persons and therefore can never take effect If the Donor disseiseth the Tenant in tail and makes a Lease for years and the Tenant in tail dies without Issue the Lessee shall have the Residue of the term against the Donor but if Tenant in tail makes a Lease for years and the Donor confirms and the Issue outs the Termor and dies without Issue the Lessee shall not enjoy his term for in the one case he claims from the Donor and in the other from the Donee If a Lease be made to A. for life and twenty years over he shall have the years although livery be not made of the Land If a lease be made for the lives of A. and B. and A. dies the lease shall continue for the life of B. But if two make a lease for sixty years if they two shall so long live if either of them die the Estate is determined for that was not a limitation but a Condition But if a lease be made during the time that A. and B. shall inhabit within London and one of them dwells in another place the lease is determined for it is a collaterall determination If I licence one to occupy my land until the Corn that is growing upon him is ripe that is a good lease Lessee for twenty years makes a lease for ten years and then makes a lease to the same lessee for ten years to commence after the determination of the first ten years the last ten years are not out of the first lessee and therefore the second lessee shall have the Rent which was reserved by the first lessor during the first ten years Quaere A. makes a lease for twenty years and then makes another lease for forty years to C. to commence after the expiration of the first lease and then he makes a lease to the first lessee for thirty years the lease of C. shall not begin presently for nothing extinguishes and avoids the lease but the taking the second lease And then the lease to C. is an impediment that the second lease cannot commence and therefore the first lease is not determined Tenant in tail marries and makes a lease for years the Wife endowed shall avoid the lease for her time but after her decease the lease will stand good against the Heir if the Heir accepts the Rent If Tenant in tail makes a lease for years and marries and dies without issue the Donor avoids the lease and the Wife recovers her Dower the Lessee shall enjoy it against her A. makes a lease for forty years Provided that if B. dies within the term that it shall be but for twenty A. dies at the end of four and twenty years the lessor brings an Action of Waste for waste done between the three and twenty and four and twenty years some think it is maintainable in the tenuit for the term continues untill the death of B. If a Rent had been granted for forty years with such a Proviso and he dies ut supra the Tenant of the Land may have an Action of Accompt for the Rent received after the twenty years for now upon the matter the Grant ended at twenty years If a Lease be made of Land to me during my life and the life of B. that is but an Estate for my own life for the greater drowns the lesser If a Lease be made to two for forty years if they shall so long live and one dies the Lease determins for it is a Condition and not a Limitation So if the Lease had been so long as A. and B. shall be Justices c. A. le ts during the life of Baron Fem the Lessee grants during the Coverture Limitation IF Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not take by this Limitation If Land be given Habendum to him and the Heirs males of his body and to him and the Heirs Females of his body if he shall take it as a Remainder Quaere But Litt. saith in the last case but one that the Warranty of the Father shal be lineal to the Daughter If Land be given to one and the Heirs Males of his body and the Heirs Females of his body if he hath Issue Male and Female they shall take by Moities severally by descent So if a Woman hath three Sons by severall Husbands and Land is given to the Woman and to the Heirs of her first and second Husband some think the two Sons shall take severally by Moities and yet it was but one Estate in the Woman A Feoffment is made to the use of I. and after to the use of the Feoffor and his Heirs the Feoffor doth not take it by Remainder for the Limitation to himself is void for the Law saith as much but it is in him as a Reversion But if the Feoffment had been to the use of the Feoffor for life
Descent if the Eldest had died first as she did then if the youngest dies without Issue the Moity of the third part which descends to her from the Eldest descends to the second as Heir to the youngest Then as to the other third part of the Eldest the Warranty of the youngest is collaterall to the second for the second as to the Moity of that third part could not have been Heir to the youngest who made the Warranty but ought to have been as immediate Heir to the Eldest and as to her own part her Warranty as the second is Lineall for by possibility she might have had that part as Heir to the youngest then being the youngest is dead without Issue the Warranty of the Eldest as to a Moity of the part of the youngest is Lineal and as to the other part of that part 't is collaterall to the second for by possibility the youngest might first have died and then her part descends to the Eldest and the second and so a Moity of that might descend from the Eldest to the second and therefore the Warranty of the Fldest shall be Lineall for one Moity of the part of the youngest and for the other Moity of the part of the youngest 't is Collaterall and so the Warranty of the Eldest which upon the descent was Collaterall to the youngest for the part of the youngest is now changed for the Moity and made Lineal for the Moity v. 9. H. 5. 12. 4 H. 7. 18. Three Parceners make Partition the Eldest hath one Acre in Fee the second another Acre in Fee the third one in tail all being of full age the Eldest dies her Issue enters upon the youngest as she may the second may enter also and the Partition is defeated for when the youngest is outed the second shall have part of that to which the Issue of the Eldest is remitted as she would if she had recovered in a Formedon if the second may not enter it will be a mischief for she cannot have Aid being the other holds pro indiviso A. hath two Daughters by one Venter and a third by another the youngest is seised of three Acres of equall value and grants a Rent of three shillings to the Father in Fee and then infeoffs the second of one Acre who dies without Issue so that it descends to the Eldest the Father dies the Eldest shall have the Rent but if the second had infeoffed the Eldest of the Acre then she should have nothing for in the first case she hath the Land by descent and the Rent also and therefore the Rent shall be apporcioned but in the other case she hath the Land by purchase in which case the Rent shall be extinct though she hath the Rent by descent or not and though the purchase was before the descent or after And if a man hath a Rent of twenty shillings out of twenty Acres of equall value and one Acre descends to his Wife all the Rent is suspended for it cannot be apporcioned when he is seised of part of the Land in auter droit but if she dies and he is Tenant by the Curtesie it shall be apporcioned for the Land continues in him by the Act of the Law which is equall to a descent And if a Rent be in tail and parcel of the Land descends to him in Fee or the Rent be in Fee and parcell of the Land descends to him in tail there must be no apportionment I. dies having two Daughters one is attainted of Felony a lease is made for life the remainder to the right Heirs of I. the other shall take nothing in remainder because she which is attainted is living Particeps Criminis IF the Lord procures one to disseise the Tenant and the Disseisor cesses and the Lord recovers against him he shall retain it against the Disseisee for by the procurement he is no Disseisor as it appears 50 E. 3. 2. But see Littleton contra in his Chapter of Remitter for he had cause to recover de puisne temps but otherwise if he had title of Cessavit at the time of the procurement and disseisin Quaere if he had ceased one year before the disseisin and another year after as if the Issue in tail procures one to disseise the Disseisor of his Father whose Heir is in by descent against whom the Father recovers and dies the Issue shall retain but if he himself had recovered against the Disseisor upon a title then in being to him at that time he shall not be remitted If one hath Title of Formedon and he procures one to out the Tenant to the intent that he may recover against him and a stranger outs him and after I S. recovers upon a Title puisne to the procurer and the other recovers against him by a Formedon he is there remitted And if two Jointenants have a Title of Action where their entry is taken away and one procures a stranger ut supra against whom they two recover and he which was party dies the other is remitted to all but if he which did not procure had died first the other should not be remitted but to a moity Quaere Payment A Rent charge is issuing out of two Acres the Tenant of the land makes a Feofment of one the Grantee may distrain in one or the other for all but if one Tenant payes to him the Rent if the other be distreined he shall plead the payment by his Companion for it discharges the whole Tenancy Place IF A. leases land in two Counties rendring a Rent it is one entire Rent and he may distrain in one County for all but he must have severall Assizes and in every County make his plaint for all the Rent but it seems that upon a Rescous in one County he shall have an Assize in the other Quaere Pleas. IF a man hath a Wife and makes severall Feofments with warranty and dies the Wife brings Dower against one of the Feoffees he may plead that the Heir hath endowed her having regard unto all the land for there is a great privity betwixt the Tenant and the Heir for the Tenant may vouch the Heir and it seems that he might plead that one Feoffee had endowed the Wife for it goes in discharge of the Tenancy Some think that Guardian in fact in Dower shall not plead detinue of the body of the Heire for none can plead that but he whose title commenced when the Title of Dower commenc'd but the Guardian in droit may plead it and if the Heir make a Feofment the Feoffee shall not plead detinue of Charters in dower If an Obligation be delivered in owell maine to I. who breaks the seal In detinue If he should not plead a release to the Obligor if it would be heard and yet Paston in 9 H. 6. 19. b. sayes that the Goaler cannot plead a Release made to him that escapes Possession IF the Tenant dies without Heir the Law casts the possession of
Action for all the Land If Tenant for life commits Wast and grants over his Estate in Wast brought against him he may plead a Release in the Land and yet he hath nothing in the Land A Conusor of a Statute Merchant is in Execution and his Land also the Conusee releaseth to him all his debts afterwards the Goaler lets him have his Liberty it seems that the Execution is discharged by the Release for the Debt is in Esse until the profits satisfie it or else the Execution could not remain as the Heir is in Ward until he be capable to perform his Services but if the Seignory be released to the Tenant he is out of Ward for body and Land If he in Reversion of a Seignory releaseth to his Grantee for years and to the Tenant of the Land and to his Heirs Quaere how it shall inure but if it had been to them two generally then the Estate for years and all the Seignory had been extinct for though it inlarges his Estate for life and no more yet without those words His Heirs all the Reversion is extinct and consequently the Estate for yeares Quod non negatur 8 H. 6. 24. But if it had been of a Rent Charge and the Release had been to them the Grantee shall have it all for life and the other the Fee and so it shall inure to both Tenant for life and he in Reversion grant a Rent Charge the Grantee releaseth all his Right to the Reversion if the Rent be extinct Some think not for their Estates being severall so are their grants and then a Release to the Reversioner will not extinguish a Rent issuing out of the possession And if it shall be taken to be the Grant of Tenant for life and the Confirmation of him in reversion yet such a Release will not extinguish it for though he purchaseth the reversion yet he shall have the Rent during the life of Tenant for life and if it were severall grants a Release to Tenant for life will not extinguish a Rent issuing out of the reversion for to this Charge the Tenant need not atturn The surviving Parcener may release to the Husband of the other being Tenant by the Curtesie And if one Parcener hath twenty Daughters and dies the other may release her whole part to either of them But if Jointenants be of twenty Acres and one makes a Feoffment of all his part in eighteen perhaps the other can release his right but in two Acres But if Husband and Wife and a stranger are Jointenants the stranger may release all his right to the wife only Tenant for life the remainder in Fee makes a gift in tail the remainder in Fee he in the first remainder releaseth all his right to the Donee not saying and to his Heirs and then grants a Rent Charge to a stranger out of the Remainder in Fee and dies the Donee dies without Issue the Heir of him in remainder enters if he shall hold it charged Some think the release doth not give the right in Fee which the Releasor had to the Releasee for then in a manner he doth release to himself but if the remainder had been in tail to him that had the remainder in Fee then the release had inured to the first Estate in tail and to the Fee and then if the last Fee be fortified the Mesne remainder is established and so the release inures to himself But as to the other point which may be moved If the remainder be good to him that had the remainder before being it is out of him and in him at one and the same instant it is good enough If one be disseised to the use of A. the Disseisee releaseth to the Disseisor yet A. may agree to the Disseisin for a release doth not take away a Title any more than it doth a Condition or a Rent Charge granted by him or if he covenants to stand seised to an Vse Executory upon marriage such an use cannot be taken away by such a release But if there had been two Disseisors to the use of A. and the Disseisee had released to one of them that will take away all the Title Causa patet So if Tenant for life releaseth to his Disseisor that doth not restore the Reversion but if he had released to one of the Disseisors it had been otherwise Land is holden of the Mannor of Dale by Fealty and twenty shillings the Lord makes a Lease of the Mannor for years rendring forty shillings with Atturnment after the Lessor releaseth to the Tenant all his Right if the Rent of forty shillings shall be apporcioned by the Release the Tenant is discharged of twenty shillings as well against the Lessee as the Lessor for the Tenant holds it of the Lord Paramount so he does not hold it of the Lessee for he cannot hold the same Land of two severall Lords and the Rent of forty shillings is as well payable for the services as for the demesnes although he cannot distrain c. as in the case of Sheep 21 H. 7. 6. If Feoffee upon Condition makes a Lease for life a Release of the Condition to the Tenant for life will extend to the Feoffee as it will do of a Right or Rent If there be Feoffee upon Condition of two Acres and the Feoffor releaseth the Condition in one Acre if it be collaterall it remains in the other as of a Warranty annext to two Acres a Release in one yet it remains in the other for the Condition is severall as the Right is But if the Condition had been made to two or by two a Release to one or by one extinguisheth all as it shall do a Warranty Tenant for life of a Seignory purchaseth the Tenancy pur auter vye if the Lord releaseth to him and his Heirs all his Right in the Tenancy some think it shall inure by way of Extinguishment But if he releases to him and his Heirs all his Right in the Seignory that inures as an Enlargement of the Seignory So the Mesne being a Fem marries the Tenant the Lord releaseth to the Fem and her Heirs all his Right in the Seignory that inures to extinguish the Seignory only and not the Mesnalty But if he had released to the Husband all his Right in the Seignory or Tenancy the Seignory and Mesnalty are extinct But a Release to the wife of all his right in the Tenancy had been void But if the Lord had released all his Right in the Seignory to Husband and Wife Quaere but some think it inures to extinguish the Seignory and not the Tenancy Two Jointenants in Fee of a Rent Charge a Stranger receives it to the use of A. one releaseth to the Pernor and the other to the Tenant If by the last release he shall be said in possession ab initio the first Release to the Pernor was void for the possession of one is the possession of both If two Disseisors grant a Rent
him And if the Heir of the Disseisee enters upon the Disseisor and grants a Rent Charge and the Disseisee dies because a new Right is come to him he is remitted and the Grantor shall hold it discharged But if the Son disseises the Father and grants a Rent Charge and the Land descend to him the Son shall hold it charged for he is not remitted for the Right descended to him from the same person to whom he did the wrong and he shall be disabled to claim a right from him whom he disseised But in the other case he claims the Right from another If the Father disseiseth the Grandfather and dies after he hath granted a Rent Charge and the Grandfather dies the Son shall hold it discharged for he claims from the Grandfather Quaere for the Entry of the Grandfather was taken away and then when the Right of one who cannot enter descends the Tenant is remitted Quaere but if there be Lord Mesne and Tenant and the Tenant aliens in Mortmain the Lord Paramount enters and grants a Rent Charge and after his Title is come viz. the year past and the Mesne hath not entered the Lord shall hold it discharged and his Issue too as it seems for he shall not be remitted for a Title as he shall for a Right accrued but it seems he may bar him upon whom he enters if he brings an Assize and that by his Title Grandfather Father and Son the Father disseises the Grandfather and dies the Son endows the Wife of the Father the Grandfather dies the Son may enter upon the Tenant in Dower for he hath a new right descended from the Grandfather and the Entry of the Grandfather was Congeable upon the Tenant in Dower so shall the entry of his Heir But if the Son had granted a Rent charge and the Granfather had died he should hold it charged and should not be remitted for the entry was not lawfull upon him and when a right descends from the Grandfather he shall not be remitted If the Issue in tail procure one to disseise the Heir in by descent against whom the Heir recovers and dies the Issue shall retain but if he himself had recovered against the Disseisor upon a Title in Being to him he shall not be remitted Quaere If his Father disseisee dies and he recovers against the Heir or the Disseisor by a Formedon If he shall be remitted for the wrong was made to the Estate tail at that time And if one hath title to a Formedon and he procures one to out the Tenant to the intent that he may recover against him and the Stranger outs him and a Stranger recovers by a puisne title to the procurer and the other recovers against him by a Formedon he is remitted If two Jointenants have title of Action where their Entry is taken away and the one procures a Stranger ut supra against whom they two recover and he who was party dies the other is remitted to all but if he which did not procure had first died the other had not been remitted but to a moity Quaere If the issue in tail within age by Covin commands A. to disseise the Discontinuee of his Father A. disseises him to the use of B. for life and after to the use of his own right Heirs B. agrees A. dies B. dies the Heir of A. enters and enfeoffs the Issue he is remitted because he is now within age Tenant in tail levies a Fine and takes back an Estate in see upon condition and dies the Heir enters and is remitted and after the Proclamations pass if that takes away the Remitter and if the Condition remains Quaere If two Jointenants are disseised by the Father of one of them who dies seised and his Son enters he is remitted to all the land and his Companion may enter with him And it is not like where two are disseised and a descent cast during the non-age of of one and he enters and is remitted to a moity his Companion shall not enter for the advantage is given him more in respect of his person than of the land Neither is it like where Tenant in Tail enfeoffs one daughter and dies she being within age she is remitted and her Companion shall not have advantage of it for the right was not in them before Nor where they have a joint Title of Formedon by descent and the land descends to one only his Companion peradventure shall not take advantage of it for the Estate tale was taken away but here it was not But if the Grandfather had disseised c. and the land had descended to the Father and from the Father to him it will be otherwise for his Companion shall not have advantage for the Entry was taken away before If the Discontinuee makes a Lease to the Issue in tail and another with Livery to the other and after grants the Reversion to the Issue and the other dies so that the Freehold is cast upon the Issue without his folly yet he shall not be remitted for he assented to the Reversion upon the Lease for life A Disseisor dies without Heir his Wife enseint the Lord enters a Son is born the Disseisee enters upon the Lord If the Entry had been before the birth it had been lawfull and he had been remitted and the birth after would not have avoided the Remitter As if the Discontinuee makes a gift in tail to one the Remainder to the Issue in tail if the first Donee dies without Issue his Wife Priviment enseint now the Issue in the first intail is remitted and though the issue of the second Donee be after born the Remitter continues but here the Entry is not till after the birth of the Son for if a Stranger had abated the Disseisor having Issue or if after abatement a Son had been born the Disseisee could not enter A Disseisee releaseth all Actions to the Disseisor and dies and after the Disseisor dies and his Heir enters and dies and the Land discends to the Heir of the Disseisee if he be remitted Some say there can be no Remitter where there is a cause of Action so that without his folly he hath not any body against whom he may bring his Action but though he hath no Action here yet he hath not lost it by the Law but by his own Act and the Right remains which is the cause of his remitter and in many cases a Right shall remain without an Action as if there be Tenant for life of a Seignory and a Tenancy Escheats and a Stranger intrudes Tenant for life dies before Entry he in Reversion cannot have any Action but may enter as upon the Disseisor of his Tenant but if he dies and his Heir be in by descent there he cannot enter and yet he hath a Right and shall be remitted upon a Discent If a Fem Tenant in generall tail marries an Infant who aliens and dies and his Heir enters upon the
Warranty does not extend no more than to bar a Title of Entry for consent to a Ravisher or Mortmain also Conditions and Titles are always said to be in possession as a Rent is and then a Warranty to the Tenant of the Land will not extinguish them Lord by Escheat shall not vouch by reason of a Warranty if a Seignory be granted with Warranty and a Tenancy Escheat the Warranty shall not extend to it Vide Fitzh 18. Voucher Father and Son and a third person are Jointenants the Father makes a Feofment of all with Warranty and dies the Son dies the third shall have an Assize of but one part by some and yet the warranty commences by Disseisin as to the Son but yet the Survivor cannot deny but that this Warranty is collaterall for he comes not under the estate of the other If a Lease be made for years to the Grandfather remainder to the Father for life remainder to the Son in Fee the Grandfather enfeoffs with Warranty it comences by disseisin to the Father and collateral to the Son for the Feofment was not a disseisin to the son If the Father be Lessee for years remainder for life to the son remainder over for life remainder in Fee to the Son the Father enfeofs with Warranty it comences by disseisin as to the son for the Freehold but for the Fee t is collateral Quaere by some in all cases every man shal avoid a Warranty which comences by disseisin vid. Fitz. War 28. If a Lease for life be made remainder for years with Warranty Quaere if this Warranty will benefit him in remainder being the precedent estate is of another nature If a man makes a Lease for life on Condition that if the Lessee doth such an act that the Lessee shall have Fee and warrants the Land in forma praedicta that Warranty extends to the Fee but if the Feoffor dies and then the Condition is performed then if it be available is the Question being the Lessor was not bound to Warranty during his life and then the Warranty which was annext to the Freehold is gone for the greater estate drowns the lesser And to prove that the greater drowns the Warranty it was said if Tenant in tail be with Warranty to him his Heirs and Assigns his Feofee in Fee shall not be said assignee nor vouch because he hath not any part of the Estate tail It was also said that if the condition had been performed in the life of the Lessor that the Warranty would not extend to it for it must be annext to something in possession But some take a difference that if in the first case the first Lease had been for years that the Warranty could not extend to the remainder because the first estate was but for years and of another nature but it would be otherwise in a Lease for life And it was said if a Lease for years be made remainder in Fee with Warranty he in remainder can't take advantage of the Warranty because he was not privy to the first deed and then he cannot take as an immediate Warranty because the first Estate was of another nature a reversion descends to Baron Fem Lessees for life as to the Issues of two parceners the Husband dies the wife shall have the whole Freehold as Survivor and the Fee shall be executed for a moity because the other moity goes another way sc to the Heirs of the Husband and he shall dereign the Warranty annexed in Fait to the first estate for the moity and not for the other moity because the Fee is executed If Land be bargained sold by Indenture in Fee with warranty the Indenture is delivered and after inrolled within six months if he shall vouch Quaere because the nature of a Covenant is that it ought to take effect presently by the delivery of the deed and then the Warranty was void because the Land did not pass at that instant and though the Inrollment makes it to pass ab initio yet the relation shall not make a void Warranty good To which it was said if one makes a Feofment with a Letter of Atturny and warranty is in the deed by the delivery the Warranty shall be good and yet the deed was delivered before If a gift in tail be made with warranty to a man his Heirs and Assigns and he makes a Feofment and dies with Issue in a Formedon in Reverter the warranty shall not be a bar notwithstanding the book of the 39 45 E. 3. 4. If the Lord confirms the estate of the Tenant with warranty and after the Tenant ceases the warranty shall not be a bar in a Cessavit notwithstanding the Seignory which was in Esse before the warranty made was the conveyance to his action because the action arises upon an after cause Tenant by the curtesie of a Seignory whereof a Tenancy escheat make a Feofment with warranty if it shall be a bar to the Issue without Assets Quaere A Fem which hath a Rent Charge in Fee marries with the Tenant of the Land a stranger release to the Tenant with warranty the warranty can't extend to the Rent because the Rent was suspended by act in Law and the wife if the Husband dies nor the Heir of the wife living the Husband cannot have any action for the rent upon a Title before the warranty made for if the Heir of the wife brings a Mortdancester that is de puisne temps and after the warranty so if the Grantee of a rent grant it on condition to the Tenant who makes a Feofment of the Land with warranty that warranty can't extend to the rent and yet the Land was discharg'd of the rent but all the actions shall be took as the cause of action arises afterward for if the condition be broken and after an action be given that shall arise after the warranty made but if a Fem which hath a rent marries with the Tenant who makes a Feoffment of the Land with warranty and dies and the wife brings a Cui in vita of the rent there the Feoffee shall vouch as of Land discharged So if Tenant in tail of a rent purchases the Land and makes a Feofment and the Feoffee aliens with warranty or if Tenant in tail of a rent releases to the ter Tenant who aliens over with Warranty if the Issue brings a Formedon he shall vouch as of Land discharged So if an Infant hath a rent and disseises the Tenant and is disseised by another who aliens with warranty that warranty shall extend to the rent because in all these cases the Land is discharg'd of the rent at the time of the Feofment in Fee and the action is conceived upon a Title Paramount to the warranty But if a man grants a Rent Charge out of Land to commence at Mich. and the Tenant makes a Feoffment with warranty or if a rescous be made and after the Tenant makes a Feofment of the Land
Issue and dies it seems this remainder shall not be Assets in the Heir in a Formedon or Debt for the remainder was never in the Mother for it commenced after her death But if a Rent Charge be granted to I. to commence after his death 't is otherwise for the Heir takes it by descent If Executors have a Villaine in right of their Testator and enter into Land purchased by him it shall be Assetts although they have a Fee as Land descended to the Heir shall be Assetts to a Chattle viz. to a Debt of a Stranger The Grantor of a Rent Charge in taile einfeoffes the Grantee of the Land who makes a gift in tail of the Land rendring so much of the Services as he pays over to the Lord Paramount it seems that these Services shall be Assetts in the Heir for they are particularly reserved for the Land Assignee IF a Feoffment be made with Warranty to the Feoffee his Heirs and Assigns if he makes a Feoffment over and the second Feoffee re-enfeoffes the first Feoffee he shall vouch for he may be Assignee of his Father being he does not claim as Heir And the Lord by Escheat or Mortmain or of a Villaine or who enters for a Consent to a Ravisher shall not be said Assignees and yet they shall Rebutt If Tenant in tail be with Warranty to him his Heirs and Assignes his Feoffee in Fee shall not be said Assignee for he hath no part of the Estate tail If Land be given to One and his Assignes for ever and it is ganted to him and his Assignes that they shall have twenty Load of Wood yearly for ever Tenant for life grants over his Estate and dies the Assignee shall not have the Wood because his Estate is now determined Attainder A. Dyes leaving two Daughters the one is attainted of Fellony a Lease is made the remainder to the right Heirs of A. the other shall not take the Daughter that was attainted being living for one is not Heir alone but if the Father dies seised of Land a moity shall escheat If the Mesne grants the Mesnalty upon condition that if the Grantee pays a certain sum of Money to the Grantor that he shall have Fee and before the Day the Grantor is attainted of Felony and executed yet the Grantee shall have Fee for the Condition is become impossible to be performed by the act of the Grantor But if a Jointenant makes a Lease for five yeares upon Condition that if the Lessee does such an Act he shall have it for twenty years and before the day the Lessor dies now the Condition is void by the Surviver If a man grants a Rent Charge to begin at a day to come and before the day the Grantor is attainted of Felony yet the charge is good If a Remainder be limited to the right Heirs of A. who hath a Daughter and dies who enters and after a Son is born and attainted yet the Remainder shall not be devested out of the Daughter The Son endowes his Wife Ex Assensu Patris the Son is attainted of Felony it seems that the Wife should not retain her Dower for 't is the Dower of the Son for she claimes it from the Son and if she brings a writ of Dower of it Ne unques accouple in loyall Matrimony is a good Plea and if there had been a disseisin of it a Collateral Warranty shall be no bar to the Wife for she pretends no Title to it but by the death of her Husband and then the Warranty descends before her Title for if it descends after her Title it shall be a good bar And if she after her Dower so assigned be attainted of Felony and after hath her Charter of pardon for her life and after the Husband dies she shall retain her Dower for her Interest in it commenced after her Pardon And yet by her Attainder she forfeited all her Inheritance Free hold and Chattles Real If an Attainted person be enfeoffed to the use of another the possession cannot vest in the other but must escheat but he which is Attainted may be an Atturny Grandfather Father and Son the Father is Attainted of Treason and dies and after the Grandfather dies seised of Land the Lord of whom the Land is holden shall have it by Escheat and not the King For the Father had it not at the time of Attainder And being that the Grandfather dyed without Heir the Land shall Escheat So it is if the Father be Attainted of Treason and the Grandfather dies leaving the Father The Issue in tail is Attainted of Felony and is pardoned and his Father dies and a Stranger having cause of Action against whom he shall bring his Action is the Question Some say that the Donor hath the Free-hold in Law as if Tenant in tail dies leaving his Wife Enseint Others say there is none against whom the Action may be brought as if Tenant for Life grants over his Estate to B. who dies now before Entry there is none against whom the Action may be brought Tenant in tail makes a Feoffment within Age and is Attainted of Felony his Issue shall not enter for he is disabled in blood to take advantage of the Infancy because the Infant had no Heir A. Covenants upon a Marriage to stand seised to the Vse of another and before the Marriage the Covenantee is Attainted of Felony yet upon the Marriage the Vse will rise as a Lease for life with a Condition of Accruer if the Lessor be Attainted yet the Estate shall enlarge Tenant is tail is disseised and releaseth to the Disseisor with Warranty and then is Attainted of Felony and hath a Pardon and dies this is a Discontinuance for if he had purchased Land after his Pardon it should descend to his Heir then the Warranty being in Esse at the time of his death there is no Impediment but that it should descend But if Tenant in tail who hath a Warranty annexed to his Estate be Attainted of Felony and Executed his Issue shall not Inherit the Voucher by reason of the Warranty although he hath the Land for the Warranty is out of the Statute de Donis c. which speaks of Lands and Tenements But some think that by the Equity of the Statute it is preserved as well as Charters 21 H. 6. 2. p. Markham 9 H. 6. 60. Cott. p. Charters Tenant in tail makes a Lease not warranted by the Statute and dies the Issue accepts the Rent and is Attainted of Treason if the King shall avoid it Quaere If the Grandfather be Tenant in tail and the Father is Attainted of Treason and Executed yet the Son shall Inherit as Heir to the Grandfather If A. commits Felony and the Lord grants his Seignory and after A. makes a Feoffment upon Condition and is Attainted and hath a Charter of Pardon and after re-enters for breach of the Condition and dies If an Occupant shall have the Land the Issue or
the Issue So if Baron Fem make a Lease to begin c. and before the time the Baron dies and the Fem makes a Feoffment the Feoffee shall not avoid it So if an Infant makes a Lease ut supra and before the time he being within age or at full age makes a Feoffment the Feoffee shall never avoid the Lease c. But many are of a contrary opinion for they say that an Infant or Issue in tail by their own or the Acts of their Ancestors shall never be prejudiced by any thing that is Executory for if he shall not avoid it by his possession before the commencement of the Term he hath no means to Avoid it c. before c. But it is cleer enough that if Tenant in tail dies after he hath discontinued and the Discontinue makes a Lease for yeares to begin ut supra and dies the Heir in tail being his Heir who enters and he enters and makes a Feoffment there the Lease is avoided because the Issue is remitted and hath another Estate than the Discontinuee had and not any privity of that Estate which is avoided If an Infant delivers a Writing as an Escrowle to be delivered as his Deed when he arrives at his full age and receives the Money of the Party to whose use the Deed was to be delivered yet he shall avoid the Deed. If Husband and Wife make a Lease or grant a Rent Charge in Fee out of the Wives Land and then they joyn in a Fine to A. he shall not avoid the Lease or Charge because they are executed but otherwise of things executory as a Statute c. before Execution Avowry LAnd is given to one Habendum a Moity to him and his Heirs and the other Moity to him and the Heirs of his body the Remainder to his Right Heirs the Land is holden by two pence the Donee dies without Issue and his brother enters severall Avowries must be made upon him one for one penny and another for the other But if Land be given the one Moity in tail the other in Fee there shall be but one Avowry for that inures as a joint Gift but in the first case it did inure severally at the Beginning If there be three Jointenants and one Releases to one of his Companions and he to whom the Release was made hath the part of the other by Survivor yet for a third part one Avowry shall be made upon him In the principal case the Fee simple was never severed if it had the Donee should hold each Moity by two pence a peice and the Avowry shall be made upon the collateral Heir for two pence in one Moity A. makes a Gift in tail of one Acre which he holds in Socage and of another which he holds in Chivalry saying nothing the Donor shall make severall Avowries although he hath but one Reversion for the Law makes the Avowry in respect of the tenure over and the severall Acres must severally escheat If a Disseisor makes a Lease for life and dies it seems the Lord is compellable to Avow upon the Heir of the Disseisor But if he had made a Gift in tail and the Donee dies and his Issue enters there he shall not Avow upon the Donor If one Parcener makes a Lease for life yet the Lord shall Avow upon them both but if one Jointenant makes a Lease for life the Lord must make severall Avowries upon them for the Jointure is severed If there be two Fem Parceners Mesnes and one marries the Tenant yet the Avowry of the Lord is not severed But if there had been two Jointenants it had been otherwise for by the Marriage the Moity of the Mesnalty is suspended and cannot be in Jointure with the other Moity which is not in Esse And if one holds a Mannor of another and makes a Feoffment of all except one Acre now the Fee of the Acre is disappendant from the Mannor and the Lord ought to make two severall Avowries Authority IF I devise that my Executors shall sel my Land and one sells one Moity and another the other this is not warranted by the Authority for it was to be jointly executed As a Letter of Atturny to two to make Livery it ought to be performed jointly But if the Land had been devised to them then such a Sale had been good for they had an Interest and the intent was performed If one makes two Atturnies Conjunctim or the King makes two Commissioners of Oyer Terminer if one dies the Authority of the other is determined 35 Ass p. 1. Two Jointenants make a Feoffment with a Letter of Atturny to deliver Seisin and the one delivers Seisin in person this is a Countermand of the whole Livery for the Authority was not severall for either of them but joint for both and therefore being countermanded for one it shall be void against the other Barr. IF the Plaintiffe be Barr'd in an Entry sur Disseisin yet he shall have a Cessavit if he had cause to have it at that time for it is another Title If the Heir brings a Formedon in Descender and is nonsuite Quaere if he shall enter because he had Title of Entry for a Condition broke If a Woman hath cause of Dower of one and the same Acre as Wife to A. and B. If she be barred of it as Wife to A. yet she shall have it as Wife to B. If Baron Fem make a Feoffment upon Condition if the Wife be barr'd in her Cui in vita yet she may enter for the Condition broken 27 E. 3. 55 56. p. 72. Bargaine Saile A. Bargains and Sells Land to B. and after they both grant a Rent Charge to C. and then the Deed is inrolled the Rent is gone for it is the grant of A. and the Inrolment hath relation to the Delivery which avoids the grant though it was the Confirmation of B. for he had nothing at that time The Issue in tail within age takes from the Discontinuee a Bargaine and Sale He shall not be remitted for he is in by reason of the Possession conveyed to the Vse and so he must have it in the same Degree as he had the Vse And so if he were within age at the time of the Bargain Sale and the other dies and after the Deed is Inrolled he shall not be Remitted If the Bishop makes a grant to the K. in fee confirm'd by the Dean and Chapter and the Deed of the Bishop is Inrolled and the other not it shall bind the Successor for it is but as an Assent and not a Confirmation Baron Fem. IF a Fem Lessee for life marries and she and her Husband make a Lease for life rendring a Rent and the Fem avowes for the Rent after the death of her Husband the Lessor may enter for by her Avowry she hath agreed by matter of Record and so it had been if she had entred for a Condition made by her
the Condition is performed So if I am bound to discharge an Obligation in which I am bound to A. if I purchase the Mannor to which A. is a Villein regardant the Condition is discharged for the word Discharge refers to all manner of Discharges If I am Infeoffed upon Condition that I shall not Alien to A. and I suffer him to recover it Feintly or if I cease so that he being my Lord recovers in a Cessavit or if I acknowledge my self to be his Villein or if I make a Feoffment with Warranty so that that Acre is recovered by him in Value yet the Condition is not broke for it extends only to Alienations in Fact If I make a Gift in tail upon Condition that the Donee shall not suffer a Feint Recovery if it be not to the benefit of his Issue and after in a Feint Writ he vouches and a Recovery is had against him and he recovers in Value and hath Execution and that is to the just value onely the Condition is not broke But if the Donor had been voucht it is cleer be should not have entred for he shall not say that the Recovery was Feint when he was voucht and made a party to the breach of the Condition and he cannot enter into Warranty saving the Condition which is not broke for it is but a possibility Land is given in tail to the Heires Males of the body of the Donee upon condition if he dies without Heirs Females of his body that the Donor shall re-enter the Condition is void for he cannot have Heirs Females so long as he hath Issue Male. A Lease for years is made upon condition that the Lessee shall not Alien without the consent of the Lessor he gives him leave to grant over his Estate upon Condition and so he does and enters for the Condition broke he may after grant it over without his consent for the Condition is performed 32 H. 6. 10. a. A Rent charge is granted upon Condition the Grantor makes a Feofment of the Land the Condition is broke the Rent is arrear if the condition be extinguisht by the Feofment being the Feoffor cannot have it in the same manner as he might when the Grant was made But if the Grant had been upon Condition which if not performed to cease the Feoffee shall have Benefit of it If a Feoffment be made upon Condition that the Feoffee shall make a gift in Frankmarriage with the Cosen of the Feoffor this seems to be a void Condition Quaere if he must not make an estate for life So if it had been to make such a Gift to a Religious person If a Feoffment be made upon Condition the Feoffee makes a Lease for life and dies and the Reversion dessends to the Feoffor Quaere if the Condition be extinct The Mortgagee enfeoffs the Heir of the Mortgagor in Mortgage also to be first paid after the first day the first Mortgager dies the Heir tenders the money to the first Mortgagee at the day and he refuses and he tenders the money to the Heir c. and he refuses Some think the Son may perform the Condition for it is not suspended being a Collateral Condition Vide 21 E. 4. the case of a Corody and the payment ought to be made to the Mortgagee though he hath made a Feoffment of the Land as it shall be to the Executors and not to the Heir and 17 E. 3. 2. is not Law And upon the first refusall the heir is not remitted for he shall not be remitted upon a Title If the Tenant atturns upon Condition which is broke by the Grantee yet the Reversion is not devested for the Assent cannot be conditional for he doth not claim the Reversion from him that atturns neither can it be made conditionall by the Act of a Stranger to the grant for if Tenant in tail makes a Lease for years rendring a Rent and dies and the Issue accepts the Rent upon Condition that it shall not prejudice his Entry to avoid the Lease yet he shall avoid the Lease for the Assent is a thing executed which wil not suffer any Condition performable But if the Condition be precedent to the Assent the Condition is good But a Release of Right may be upon Condition as a Release of the Seignory to the Tenant upon condition So of a Release upon condition from one Jointenant to his Companion for there the thing vested in his person is devested unto which a Condition may be annext But otherwise of an Assent And if the Patron assent to the charge of the person upon Condition that is good because the Assent is an Interest in Law If a Gift in tail be made upon Condition the Donee shall make a Feofment which is done accordingly yet the Issue shall have a Formedon for if the Condition be not performed the Donor could not have entered and when it is not performed yet the Estate of the Issue shall not be defeated If a Lease for life be made with such a Condition yet the Lessor may enter for the forfeiture if the Feofment be made So if the Lease had been made upon Condition that he make a Feoffment all is one If an Infant be infeoffed upon Condition to enfeoffe another which is done accordingly yet the Infant may enter for he hath performed the Condition If two are infeoffed upon Condition to infeoffe A. if one does infeoffe him of the one Moity and the other of the other Moity the Condition is performed for the Intent is fulfilled If a Lease for life be made with a Condition of Accruer if before the day the Lessor be attainted yet upon the performance of the Condition the estate enlargeth If a man hath Land by descent on the part of his mother and makes a Feoffment upon Condition to be performed on his part or the Heirs on the part of his Father and the Father dies so that the Land descends to him the Condition is extinct although he dies without Issue for notwithstanding he had the Land from his Mother yet the Condition goes to the Heirs on the part of his Father being a new thing As if a Feoffment be made upon Condition of Land in Borough English the eldest Son shall not enter for the Condition broken as the Heir male must do where a Condition is descended upon the Heir Female But on the other side if the Son makes a Feoffment to his Mother of Land descended to him from his Father and after the Mother dies and the Son dies without Issue the Heir on the part of his Father must perform the Condition and the Heir on the part of his Mother shall have the Land in the mean time and if the Condition had been broke in the life of the Mother it had been all one and the Heir on the part of the Father should have entred for the Son is not remitted by the Descent The case was after the entry the Son granted a Rent
infeoffs his Donor who dies seised the discent will take away the Entry of the Issue Quaere If there be two Sons and the youngest hath two Daughters the Grandfather seised of two Acres at Common Law and twenty in Borough English gives the two Acres with the youngest in Frankmarriage the youngest Son dies the Grandfather dies seised the twenty Acres shall descend equally to the two Daughters and the two Acres shall not be put in Hotch potch for the Custom as well as the descent makes the Title The Disseisor dies without Heir his Wife enseint the Lord enters a Son is born the Disseisee enters upon the Lord. If the Entry had been before the Birth it had been Lawfull and he Remitted If a Stranger abates the Disseisor having Issue or if after abatement a Son had been born the Disseisee could not have entred for the Abator may say that the Land descended to the Issue whose Estate he has If the Tenant makes a Feoffment Pending the Praecipe against him the Plaintiffe Recovers then the Feoffee dies seised the Plaintiffe cannot enter upon the Heir for the dying seised was after the Judgement Tanta mount as if the Feofment and Discent had been both after Judgement and then it had been cleer that the Entry had been taken away for the Discent is the Title and not the Feoffment But if the Discent had been hanging the Writ that would not have taken away the Entry But if a Recovery be had against Tenant for life and he dies and he in Remainder Enters and dies seised that shall not take away the entry of the Recoveror for all the Estate is recovered and he in Remainder is as privy as if the Action had been brought against him immediately so of him in Reversion Br. Ent. Cong 116. The King being seised A. intrudes the King Grants it away A. continues in possession and dies seised this Discent will not take away the Entry of the Grantee for then he were without remedy as if Land be devised and a Stranger Abates and dies that shall not toll the Entry of the Devisee Discontinuance JF Land be given to two and to the Heirs of the body of one and he which hath the Estate in tail makes a Feoffment and both die this is no Discontinuance for any part for he was not seised of the Estate in tail at the time of the Feoffment If Tenant in tail makes a Lease for life the Remainder for life and after Releases to him in the Remainder and his Heirs this is a Discontinuance If the first Tenant for life dies in the life of Tenant in tail If Tenant in tail makes a Gift in tail to A. and after Releaseth to him in Fee and dies and A. dies without Issue the Issue in tail may enter upon the collaterall Heir of A. for the Fee was not Executed in the life of Tenant in tail though it passed out of him Quaere of all these cases If the Grandfather be Tenant in tail and makes a Gift to Baron Fem in tail the Husband dies without Issue the Grandfather dies the Father Releases to the Wife being Tenant after possibility and to her Heirs and dies the Wife dies the Issue cannot enter upon the Heir of the Wife for though it be no Discontinuance yet when the Wife came to the Fee simple the Fee was Executed and then she died seised in Fee and the Discent takes away the Entry But if the Wife had been Tenant in tail and then she had died without Issue it had been otherwise for then she had not died seised but of an Estate tail in possession and a Fee in Reversion and that will not take away an Entry If Tenant in tail infeoffes the Wife of the Donor that is a Discontinuance If Tenant in tail infeoffes the Donor and a Stranger that is a Discontinuance of all for the benefit of the Stranger If Tenant in tail of a Rent grant that in Fee that is no Discontinuance for the Grant endures no longer than for his own life If Tenant in tail makes a Lease for the life of the Lessee and then disseises him and makes a Feofment in Fee the Lessee dies and Tenant in tail dies that is no Discontinuance for the Fee was not Executed by lawfull means So if Tenant in tail makes a Lease for life and grants the Reversion the Grantee disseises Tenant for life Tenant for life and Tenant in tail die this is no Discontinuance for the Fee was not executed according to the Grant But if Tenant in tail makes a Lease for her own life and disseises Tenant for life and makes a Feofment that is no Discontinuance for by the Disseisin he was seised in Fee and the Fee was devested out of the Donor and then he was not Tenant in tail The first case seems cleerer if Tenant in tail dies living Tenant for life If Tenant in tail makes a Lease for the life of the Lessee who is disseised and Tenant in tail Releases to the Disseisor without Warranty Tenant for life and Tenant in tail die this is a Discontinuance in Fee for the Disseisor had the same Fee executed in the life of Tenant in tail which was first made as if he had after Released to Tenant for life which would have countervailed an Entry and Feofment A. makes a Gift in tail to B. who makes a Gift in tail to C. who makes a Feoffment and dies without Issue Nothing made a Discontinuance to the Issue of B. but the Livery of B. for by that the Reversion of the Donor was discontinued But when C. died without Issue that Livery is determined and the Discontinuance purged and the Feofment of C. being a Stranger to the first in tail cannot be a Discontinuance especially when there was but a Right of the Intail discontinued by the Feofment of B. and a Right cannot be discontinued If Tenant in tail be disseised and Releases to the Disseisor with Warranty and is attainted of Felony and hath his pardon and dies that is a Discontinuance for if he had purchased the Land after his pardon it should have gone to his Issue which proves that the blood between him and his Issue is not corrupt as it is between him and his Ancestor then seeing the Warranty was in being at the time of his death there is no Impediment but that it should descend Disseisor LOrd and Tenant of twelve Acres by twelve pence the Tenant makes a Lease of one Acre for years the Lessee enfeoffs the Lord he may avow for eleven pence for though he is a Disseisor by the Statute yet to another intent he is in by Feoffment for if Lessee for years infeoffs two a Release to one will inure to both If there be two Disseisors of a house to which Estovers are appendant and a Release is made to one the Estovers Remain for part for the Release doth not countervail an Entry and Feofment If the Lord procures one to
disseise the Tenant and then the Disseisor Ceaseth and the Lord Recovers he shall retain against the Disseisee for the procurement does not make him a Disseisor 50 E. 3. 2. v. Lit. in Remit cont If the Issue in tail procure one to Disseise the Disseisor of his Father whose Heir is in by descent against whom the Heir recovers the Issue shall retain it If the Disseisor makes a Feoffment and marries with the Disseisee he may enter in his Wives Right After a Dissent if the possession comes to the Disseisor the Disseisee may enter for the Action remains to him after the descent If one Disseises Tenant for life to the use of him in Reversion and he agrees if he shall have the new Fee or the ancient for now he is a Disseisor ab initio If he had been a Disseisor immediately he had gained but a Freehold by Tort but now he Agrees to that which another hath and that is a Fee If one Jointenant makes a Lease for years of his part a Stranger enters claiming the Moity of the other who waives the possession that is a Disseisin to him though the Termer continues in possession for they were Tenants in Common Otherwise if the Termor had waived the possession and the other had continued in for the Reversioner cannot be out of possession when his joint companion held in Divorce A Reversion is granted to Baron Fem and to a single man and Woman in Fee the single persons marry and the Tenant Atturns then the single man and woman are divorced the Baron Fem shall have but a third part Land is given to I. and A. his Wife and to another Baron Fem in Fee they are disseised and I. releases to the Disseisor and then I. and A. are divorced for cause which hath relation A. and the Baron Fem bring an Assise leaving out I. Some think it is maintainable for when I. and A. are divorced yet the other Baron Fem shall hold the Moity to them for being the purchase took effect and vested by the Livery and at that time the Baron Fem not being divorced took a Moity which remains still A Lease for life is made to a Fem sole she marries the Lessor grants the Reversion the Husband atturns and after they are divorced yet the Wife cannot avoid the Atturnment A woman is divorced upon a surmise made by the Husband of a Precontract upon her part the Wife being seised of Land makes her Will and devises it away an Appeal then depending by the Husband to defeat the Divorce Quaere if the Appeal be not void being sued by the Baron for he is not the party grieved for he was the first Agent in the Divorce and therefore it ought to have ben sued by the Wife and so the Devise stands good 2 R. 2. Quare Impedit 143. Dy. 140. p. 46. 4 H. 7. Peckams case 10 H. 7. 12. 24 H. 8. Ravishment 11. 39. E. 3. 33. A man marries an Infidel the Wife commits Adultery and then becomes a Proselite to the Christian Religion Quaere if this Adultery committed before her Conversion be a sufficient cause whereupon the Husband may sue a Divorce Dower LAnd is given to Husband and Wife in speciall tail reserving a Rent the Wife of the Donor brings Dower against the Heir of the Husband for the third part of the Rent A. having a Daughter dies his Wife enseint with a Son the Daughter disclaims the Lord Recovers in right of the Disclaimer a Son is born the Lord dies and the Land descends to his Son the Wife of the Lord brings Dower against him A. grants a Rent Charge in Fee to commence after the death of the Grantee who dies the Wife of the Grantee shall not be endowed and yet the Son takes as Heir But it was not in the Father and it shall not be Assetts in the Heir But if the Rent had been granted upon Condition that if the Grantee or his Heirs die their Issue within age that the Rent should cease until the Issue comes of full age if the Grantee dies his Issue within age his Wife shall be endowed but the Execution shall cease until the heir be of full age As if the Tenant be in Ward to the Lord and the Lord marries and dies possest of the Ward his Wife shall be endowed of the Seignory which was in suspence for the Freehold was in the Husband so in the last case before 24 E. 3. the Wife of the Father brought a Writ of Dower against the Heir within age and Recovered but cessat Executio until c. If the Heir doth Improve the Land the Wife shall recover her Dower of it as it is But if it be by building or other collaterall Improvement 't is otherwise Quaere if the Heir suffers the Houses to decay upon the Land if the Wife shall be endowed according to the value it was in the possession of her Husband or as it is now and shall be allow'd in Damages The Son of the Disseisor endows his Wife Ex assensu patris the Disseisee releaseth to the Disseisor if the Dower shall be avoided The Tenant Ceases for two years and after marries the Lord Recovers in a Cessavit the Tenant dies his wife shall be endowed against the Lord. If a Rent be reserved upon a Lease for life the Wife shall not have dower for he hath not a Fee neither shall the Heir have an Assize of Mortdancestor If a Disseisor grants a Rent Charge and is disseised and a Release is made to the second Disseisor the Wife shall not be endowed for her Dower is Executory If a Woman hath cause to have Dower of one and the same Acre as Wife to A. and B. If she be barr'd as Wife to A. yet she shall have it as Wife to B. If a Lease be made to Baron Fem for the life of the Husband the Remainder to the Heirs of the Husband who dies the wife shall not have Dower for she cannot disagree to an Estate determined If Land be given to Baron Fem in Fee the Husband makes a Feoffment an Ancestor collateral of the Wife releases with Warranty and dies the Husband dies the Wife cannot disagree and claim her Dower where the Estate was bound and her Right determined by the Warranty If a Villaine purchase an Estate in tail the Lord enters and dies his Wife shall not have Dower for being the Law gave unto him his Entry the Law will not give more to him than the Villein might lawfully give which was an Estate for his own life If Tenant in tail the Reversion in the King be disseised the Disseisor dies his Wife shall not recover her Dower no more than if a Discontinuance takes away an Entry If there be two Tenants in Common and one hath a Wife and the Reversion is granted to both of them and he which hath the Wife dies the Wife shall be endowed of a third
only in privity If two Acres are given to A. Habendum the one in Fee and the other for life and A. grants both over viz. the one in Fee and the other for his own life If the second Feoffee shall have Election If A. had committed wast in both or had made a Feoffment of both the Lessor might have entred into which he had pleased If I give two Acres the one in Fee the other for life and the Donee dies without Heir Quaere if the Lord shall have Election If a Lease be made of two Acres the Remainder of one to A. and of the other to B. and makes no certain description of either He who first enters after the death of Tenant for life shall have the Election If a Lease be made of two Acres Habendum the one in Fee and the other for life reserving a Rent Quaere how the Lord shall avow But his Executor hath no Remedy by the statute of 31 H. 8. If A. grants to another one of his horses the Grantee dies before his Election his Executor shall choose but yet there was no property in the Grantee before Election If two Acres are granted the one in tail and the other in Fee the Heir of the Donee shall make his Election If twenty shillings or a Robe is yearly granted at the Feast of Easter at the day or before the day the Grantee hath Election If it had been by Obligation the Obligor shall have the Election after the day But if one grants to another twenty loads of wood or twenty Oaks yearly at the day or after the Election is in the Grantee for it lies in Prender so that there is a a Difference betwixt a thing in Payment and in Prender 13 E. 4.4 If a Lease for life be made reserving a Rent or a Robe at the day it is in Election of the Lessee but after in the Lessors A Reversion is granted to one for life and before Atturnment it is granted to him in Fee the Grantee may choose his Estate If an Acre is given Habendum in Fee or in tail the Donee shall choose If one be bound or Covenants to infeoffe B. of the Mannor of D. or S. the Obligor c. hath the Election for he is the first Agent But if I give my black horse or white Horse there the Donee hath the Election for there he is the first Agent But otherwise if the words had been that I should deliver also If I infeoffe A. and B. and warrant the Land to the one or the other there is no Election given to either and therefore void But if one be bound to me to pay to A. or B. there the Obligor hath the Election for he is the first Agent but in the other case it ought first to be demanded A. gives two Acres Habend the one for life the other in Fee reserving a Rent or a Robe and does not distinguish which he shall have for life and which in Fee B. makes a Feoffment of both the Rent is behind A. distrains in one only and makes an Avowry for the Robe in that Acre Quere bien If a Rent be issuing out of two Acres the Tenant grants one to another the Grantee may choose in which he will distrain for all A. disseises B. of twenty Acres in C. B. brings a writ of Entry sur Disseisin in ten Acres and recovers and comes upon the Land and enters into one Acre in the name of all he recovered and thereof presently infeoffs D. who enters into the other nine Acres A. brings an Assize for those nine Acres and it is maintainable for by the entry of B. into one Acre in the name of all he recovered nothing vested in him but that Acre for it was a determination of his Election which nine Acres he would have for it was incertain and then nothing passed by the Feoffment but that one Acre for the Feoffee being a stranger shall not make Election which runs in Privity Emblements A Woman hath Title to have dower of three Acres and after the Heir sows one of the Acres and she hath that Acre assigned to her in dower Quaere if she shal have the Emblements for no folly can be imputed to the Heir for the possession was cast upon him by the Law and when he did sow the Land it was uncertain to him whether ever the wife would recover her dower neither could he guesse which Acre would be assigned her in dower and the Heir shall take advantage of this incertainty As if the Condition be performed by the Mortgagor yet the Mortgagee shall have the Emblements If a man devise that his Executors shall sell his Land and before the sale the Heir sows the Land and then the Executors sell it yet the Heir shall have the Emblements 36 H. 6. 36. If the Heir sows the Land and is disseised before severance and the Disseisor endows the wife of the Father Some think the Heir shall not have the Emblements for she is supposed to be in in the Post by the Disseisor Quaere Entry GRandfather Father and Son The Father disseiseth the Grandfather and dies the Son endows the Mother the Grandfather dies the Son may enter upon the Mother for he hath a new Right descended to him from the Grandfather for the Grandfather might have entred upon the Mother so shall his Heir But if there be Great Grandfather Grandfather Father and Son and the Grandfather disseises the Great Grandfather and the Father dies and the Son endows the wife of the Father and the Great Grandfather dies the Son shall not out the Tenant in Dower for the Great Grandfather could not enter by reason of the descent no more can his Heir If a disseisor makes a Lease for life the Remainder in Fee and the disseisee purchaseth the Remainder and grants it over he cannot enter upon the Lessee for life for then he should defeat his own Grant A Feoffment is made upon Condition to re-infeoffe the Feoffee makes a Feoffment to his use If the Feoffor may enter without Request If A. makes a Feoffment reserving a Rent and if it be behind a Re-entry after he releaseth the Rent when he hath Title or Entry he cannot enter after or if he granted the Rent over after his Title of Entry The Eldest Son cannot enter where the Reversion is descended to the youngest by the Custom A Seignory is granted in tail the Tenant aliens in mortmain the Grantee dies within the year without Issue the donor shall enter as well as he in Remainder for there is a Privity of Estate If two Acres descend to A. and a stranger abates into one and A. enters into the other in the name of both that shall not gain the possession of the other But otherwise if he had entred into that Acre wherein the Abatement was in the name of both Tenant for life of a Seignory a Tenancy Escheats a stranger intrudes Tenant for life dies
two the other Moity to the other two the first two are Jointenants with themselves and Tenants in common with the last two and so è converso they are Jointenants of a Moity and Tenants in common of the whole and two Praecipes shall be sued against the four and by the four but for the two joint Praecipes for and against them Jointenants TWo Jointenants in Fee one a Minor makes a Lease for life he of full age dies the other recovers a Moity in a Dum fuit infra c. Tenant for life dies the Heir of the other Jointenant enters the Infant outs him he brings an Assize some think it is maintainable For when he brought a Dum fuit infra c. and recovered a Moity now he defeats the Lease for his moity and makes it as if the other had made the Lease for life only which makes a severance of the Jointure Two Jointenants by twelve pence one grants all that belongs to him upon Condition the Lord grants the Seignory of one with Atturnment the Feoffor Enters for breach of the Condition he shall hold by twelve pence and the other by twelve pence also for there is no Apporcionment Though one Jointenant cannot infeoffe his Companion yet his Companion and another he may and the Livery made to the other shall vest the Estate in both If a Reversion be granted to Tenant for life and a stranger the Jointure of the Fee is severed for Tenant for life hath a Fee in the moity Executed If the Reversion be granted to Tenant in tail and a Stranger the Fee remaines in Jointure And if the Husband be Tenant for life and the Reversion is granted to him and his Wife the Jointure remains for there is no Moities between them If a Lease be made to two Habendum one Moity to one the other to the other for life and after a Confirmation is made to them and their Heirs the Joynture of the Fee is severed for the Confirmation inures according to the Nature of the Estate But if the Reversion had been granted to them in Fee they had been Joyntenants for the particular Estate had been drowned If there be two Tenants in Common for life and the Reversion is granted to two Jointly and one Purchaseth the Estate of one Tenant for life and the other of the other The Joynture is severed For the Purchase being at severall times presently upon each purchase the fee was executed If a Seignory be granted in fee to two one takes an Estate of the Tenancy pur auter vye cesty que vye dies The Jointure remains because they were Jointenants at the beginning Two Jointenants for life and one is bound in a Statute and then grants his Estate yet it is liable to execution during his life but 't is otherwise of an Estate for years for in the one the Land is bound by the Statute in the other not If a Recovery be had against one Jointenant his Companion shall not avoid it for the Right was bound but it is otherwise of Charges for the possession is only chargeable If one Jointenant in Fee takes a Lease by Indenture of his Moity from a stranger the Survivor shall avoid it Land is given to two and the Heirs of their bodies the remainder to their right Heirs they are not Jointenants of the Fee If one Jointenant makes a Lease for five years on Condition that the Lessee doth such an Act by a day he shall have for twenty years and he dies before the day the Condition is void as to the Survivor If there be two Jointenants for life one makes a Lease for years and dies the Survivor shall not avoid it for the same Estate which he had continues now and there is no difference if they had a Feesimple some think the contrary for the Survivor hath not the Freehold of his Companion as he hath the Fee where they are Jointenants in Feesimple for his Estate determins by his death But all agree that if A. and B. be Jointenants for the life of C. and A. makes a Lease for life and dies B. shall not avoid it for the Estate which he had continues Two Jointenants in Fee are disseised by the Father of one who dies and the son enters he is remitted to all the land his Companion shall enter with him And it is not like the case where two are disseised and a Dissent cast during the Nonage of one and he enters and is remitted for a Moity his Companion shall not enter because that this priviledge is given him in respect of his person more than in respect of the Land Neither is it like the case where Tenant in tail enfeoffs one Daughter and she dies she being within age she is remitted and yet her Companion shall not have Advantage of it because the Right was not in them before If a Fem Jointenant for years takes Husband and she dies the Survivor shall have all Two Jointenants of two Acres the Land is confirmed to them in Fee of one Acre to the use of one and of the other to the use of the other they are severall Tenants of the Freehold of the Acres for the Freehold is drownd to the Confirmation to the use Tenant for life makes a Lease for life the remainder to his Lessor and a Stranger they are not Jointenants but the Stranger shall take all for he could not give a Fee to him that had it before As if Tenant in tail infeoffs the Donor or if one Jointenant his Companion and a Stranger the Stranger takes all If two Jointenants makes a Lease for life and one grants his part of the Reversion during the life of the Lessee some think this is a severance of the Jointure If one Jointenant makes a Lease for years the Remainder to the right Heirs of A. if the Lessor dies in the life of A. the Survivor shall have the Reversion for the Lease for yeares was no severance of the Jointure neither could it support the contingent remainder Judgement IN Debt upon a Recovery in trespass the plaintiff recovers there where the action was brought a Writ of Error depending in B. R. upon trespass and after the Judgement given in debt the Judgement in trespass is reversed Quaere what remedy he shall have for the debt recovered for it is a Recovery in the C. B. which he cannot reverse in another Court and though he might yet the Execution of the debt being past he cannot be restored to that by the Reversall in the first Writ of Error in the trespass Lease IF a Lease be made for years and after the Lessor makes another Lease for life to commence after the end of the term the second Lease is void although there be Atturnment for a Freehold cannot passe out of any person that hath a greater Estate reserving an Estate until the Freehold commences but if the Lease had been but for years it had been otherwise
then it would be against reason that the Grantee of the Wife should not have it with the same advantages which the Wife should bave But if the Land had been in Execution then it had been unavoidable because it had been executed If Tenant for life and he in reversion levy a Fine it shall be lyable to the statute of Tenant for life during his life only and never shall be lyable to the Statute of him in reversion for though the words of the Fine be joint yet he may avoid it by shewing the truth of the matter So in the principall case he may shew that the Estate of the Husband was during the Coverture only If the Grantee of a Rent Charge dies without Heir the Land shall be bound with a Statute Merchant entred into by him for though it be determined yet the determination shall not have relation for if the tenant be bound in a statute and dies without Heir it shall be extended against the Lord by Escheat And if one manumits a Villain a Statute in which he was bound shall be executed upon him if the Writ of Execution did issue out against him before Land whereof a man hath onely Seisin in Law shall be lyable to a Statute The Conisor of a Statute is in Execution and his Land also the Conisee releaseth to him all his Debts the Execution it discharged for the Debt remains untill it be levied of the profits If the Son be Tenant in tail the remainder to the Father in Fee the Father is bound in a Statute and dies and the remainder descends upon the Son he aliens in Fee or suffers a Common recovery the Land is lyable to the Execution presently As if the Lord had recovered in a Cessavit against Tenant in tail with a remainder over being charged the Land in the Lords hand shall be lyable to the Statute of him in Remainder presently as it shall be to the Grant of a Rent by him though as a remainder it was not lyable Surrender LEssee for forty years makes a Lease for ten years rendring a Rent the first Lessee surrenders and the Lessor brings Debt against the second Lessee Quaere If Lessee for years makes livery as Atturny to the lessor it was ruled in 34 Eliz. in C B. to be no surrender Tenant for life cannot surrender to him in Remainder for years for he hath a Freehold in possession which cannot drown in a Chattle If a lease be made to commence at Easter and before Easter the lessee takes another lease to begin presently If that be a Surrender Some think it is A lease is made for ten years and after another lease is made to begin after the first lease determined the first lessee Surrenders the second lessee may enter otherwise if the Reversion had been granted for ten years A lessee cannot make an Actual surrender before Entry If a lease be made for years the remainder for years the remainder to the first Lessee in Fee he in remainder may surrender to him and yet he hath nothing in possession So if there be lessee for years the remainder for years and the Fee descends to the first Termor he in remainder may surrender If A. makes a Lease for years to B. to begin at Michaelmas and before the day he enfeoffs B. B. dies before the day and his Son enters if the Executor may enter upon the Heir is the question Tail A. dies leaving Issue two Daughters Land is given by Deed in tail to the youngest and to the Heirs of the body of the Father begotten and she hath Issue and dies and the Issue brings a Formedon against the Eldest Daughter the question is what Estate the Daughter took Tenant in tail in Vse the remainder unto his right Heirs enters upon the Feoffees and makes a Feoffment and takes back an Estate in tail the remainder to his right Heirs and after the Stat. of 27 H. 8. is made and he dies how the Issue may avoid the second Estate tail and take the first is the question It seems he cannot take the first Estate in Tail by no means for when he entered upon the Feoffees and made a Feoffment then the remainder in Fee was not in him yet by his Feoffment a Fee simple passed not determinable by his death but defeasible by the Entry of the Feoffees then the Fee simple must needs pass being he had the Vse to his right Heirs then when the Stat. of 27 H. 8. was made the Vse not being in Esse but the right of an Vse the possession is executed according to the right of the Vse and then when he dies there is no Remitter to the Estate for that was not in Esse A Gift in tail is made with Warranty accordingly the Donee releaseth the Warranty to the Donor and after the reversion is granted and the Donee atturns If the Issue in tail be impleaded he shall not vouch for the release hath extinguished the Warranty for ever for the Statute speaks of Tenements and a Warranty is no Tenement but a Covenant reall which is extinguished by the Release As if an Annuity be granted in tail a Release of the Donor extinguisheth it If Tenant in tail makes a Lease to begin at Easter reserving a Rent and dies and the Issue in tail enters and makes a Feoffment before Easter the Feoffee cannot avoid the lease for the lease was not avoided by the Entry of the Issue A lease is made for years the remainder in tail he in Remainder grants it over in Fee the Lessee atturns the years expire the Grantee enters and dies seised Tenant in tail dies his Issue may enter for the Grant was not but for the life of Tenant in tail and then he did not die seised in Fee if the dying seised had been after the death of Tenant in tail it should not have taken away his Entry Tamen Quaere But if the Issue of the Issue of the Grantee had entered and died seised there his Entry had been taken away and if Tenant in tail enfeoffs the Donor who dies seised by most that Dissent will take away the Entry of the Issue Tenant in tail makes a Feoffment and dies the Feoffee makes a lease for life and grants the Reversion to the Issue he shall not have a Formedon against Tenant for life for he hath assented to the reversion But if Tenant in tail makes a lease Pur auter vye and dies notwithstanding the Dissent in Fee of the reversion the Issue shall have a Formedon for the Reversion is waived by using the Action If Donee in tail to him and his Heirs males the Remainder to him and the Heirs Females of his body makes a Lease for years reserving a Rent and dies without Issue Males if the Heir Female accepts the Rent she shall be bound for the Lease was derived out of both their Estates and she comes in by descent but if the Heir male had made a Lease and
died without Issue the Heir Female cannot make that good by acceptance If Tenant in tail of a Seignory to which a Villain is regardant makes a Lease to the Villain for one and twenty years according to the Statute and dies within the Term If the Issue being Remitted to the Freehold of his Villain may enter into the Mannor and out the Villain Tenant in tail of a Seignory purchaseth the Tenancy and before the Stat. of Quia empto makes a Feoffment thereof reserving a new Rent and dies having Issue the Issue of necessity ought to have the last Seignory for that suspends the first As if the Lord being Tenant in tail purchaseth the Mesnalty in Fee the Issue of him in whom both are suspended cannot distrain for the Rent of the Seignory and choose to have that by descent for the Mesnalty by descent cast upon him is not waivable for notwithstanding any act that he can do to wave it yet the Freehold Fee remains in him before which another hath that by Pernancy but it seems if any takes it before the Issue makes an Act to shew that he will discent to it then he may distrain for the Seignory As if Tenant in tail of a Seignory purchaseth the Tenancy and dies the Issue may distrain if another enters into the Land before him but if he enters and after another enters upon him he cannot distrain after Tenant in tail the remainder to his own right Heirs makes a Lease to the Issue within age upon Condition to have Fee and at full age during the Term he performs the Condition and after grants a Rent Charge and the Grantee is seised and disseised and brings an Assize and pending that Tenant in tail dies the Assize is now abated by the Remitter though the performance of the Condition was at full age for the contract was during the Minority which is the ground and the Issue shall avoid the charge The Donor disseiseth Tenant in tail and dies Tenant in tail and the Heir who is in by descent make a Lease to the Issue within age for life the remainder in Fee Tenant in tail dies although the Issue be remitted yet the Remainder is good for it was once executed and the remitter comes after Tenants in Common IF the Reversion be granted to Tenant for life and a Stranger in Fee the Jointure is severed for the Tenant for life hath the Feesimple in the Moity executed presently But if the reversion be granted to Tenant in tail and another in Fee the Jointure in the Eee remains but if the Husband be Tenant for life and the reversion is granted to him and his wife the Fee remains in them in Jointure for there are no Moities between them If a Lease be made to two Habendum the one Moity to one and the other moity to the other for life and after a Confirmation is made to them and their Heirs the Jointure of the Fee is severed and they are Tenants in common thereof as they were of the Frehold for a confirmation inures according to the nature of the 〈…〉 which it inures and doth not alter the Estate 9 H. 6. 9. But if the Reversion had been granted to them in Fee they had been Jointenants of the Fee presently for their Fee in Jointure drowns their severall Estates of Freehold But if there be Tenants in Common for life and two Jointenants of the Reversion and one of them purchaseth of one Tenant for life his Estate and the other of the other the Jointure is severed for when one of them purchased the Estate of one Tenant for life he had the Moity of the Fee executed to the Moity of the Freehold and by that the Jointure was presently severed but in the other case they come to the Reversion at one instant and that is the diversity Land is given to Baron Fem Habendum the one moity to the Husband the other moity to the Wife and after the Land is confirm'd to them in speciall tail reserving a Hauk the Donor shall have two Hauks for the Husband had the one moity of the Inheritance because his possession was severed from the possession of his Wife so that of that Moity the Husband is seised in his own right in speciall tail and the Wife hath nothing in it Then of the other moity whereof the Wife was Tenant in Common with her Husband the Husband is seised in right of his Wife which is a sufficient Estate whereupon a Confirmation may inure If Land be given to the Husband for life the remainder to the Wife for life and their Estates are confirmed in tail the Husband shall have one moity in tail only and he and his Wife the other moity and yet the Estate tail is not executed for any part Quaere for it is a good moot case If Land be given to two and the Heirs of their bodies begotten and the Donor confirms the Land to them in Fee they are not Jointenants of the Fee for the Estate tail was executed to such purpose and so the confirmation inures severally If Tenant pur auter vye be of a Tenancy and the Seignory is granted to him and another in Fee the Jointure is severed presently and if Cesty que vye dies yet the Seignory is not in Jointure for it was so at the first But if a Seignory is granted to two in Fee and after one accepts the Tenancy pur auter vye and Cesty que vye dies now the Jointure remains because it was Joint at the beginning If Land be given to A. and a Dean and Chapter and his Successors and Livery is made to A. in the name of both nothing vests in the Dean because they take it severally and in common by reason of their severall capacities and so no privity between them for a Release to one Tenant in common will not inure to his Companion but if the Discontinuee in tail enfeoffs the Issue in tail within age and another and makes Livery to the Infant in both their names though the Infant shall be remitted for a moity yet the other takes a moity and they shall be Tenants in common for their capacities are not severall but they take severally by operation of the Law for first it vests and then he is remitted Tenant by the Curtesie IF there be Tenant by the Curtesie of an Advowson and he in reversion is presented by a Stranger his Heir shall not avoid it for it was during the life of Tenant by the Curtesie and he shall not be said to be Tenant for life and the stranger has gained the Patronage and he was not but an Atturny to convey it to him If the Tenant marries the Seignoresse or the Seignoresse takes an Estate for life of the Tenancy and after marries the Husband shall not be Tenant by the Curtesie for the Freehold of the Tenancy was in suspence and then he could not be Tenant by the Curtesie of such a Reversion But
if she had taken an Estate for years or the Tenant had been her Ward and after she had married and died during that Estate he shall be Tenant by the Curtesie for the Freehold was not in suspence but the possession for years only Land is given to two Women Quam diu simul vixerint the remainder to the right Heirs of her who first dies one of them takes Husband hath Issue and dies the Husband shall not be Tenant by the Curtesie for she had not the sole possession Tenant by the Curtesie of a Seignory and a Tenancy Escheats and he makes a Feoffment with Warranty of it If that shall be a bar to the Issue without Assetts is the Question If one hath a Son which is a Bastard Eign and a Daughter Mulier Puisne and dies seised of a Rent the Daughter having a Husband and after the Bastard gets the Rent and thereof dies seised and that descends unto his Issue yet the Husband shall be Tenant by the Curtesie for the Rent was in Esse at the time of the Discent in the Daughter and she may choose whether or no she will admit her self out of possession Tenures IF there be Lord Mesne and Tenant the Tenant holds by four pence and the Mesne by twelve pence and the Tenant makes a Gift in tail saying nothing and the Reversion Escheats after that some think the Donee shall hold by twelve pence so if the Mesnalty descends to the Donor the Donee shall hold by twelve pence and if the Mesne had released to the Donor the Donee shall hold by twelve pence As if the Tenant had made a gift in tail the remainder in fee and the remainder had escheated the Donee shall hold by twelve pence for the first Services which he paid and the first Tenure is extinct by the unity of the remainder to the Seignory so it is cleer the Mesnalty is extinct viz. the four pence then the Donee shall hold by twelve pence and it is all one as if the Mesne had released to him in remainder and the reason in the principall case why the Tenure of the Donee shall be charged is because the Law makes the Tenure of the Donor in respect of the Mesnalty and when the Mesnalty is extinct the Tenure between the Donor and the Donee is extinct also and then by the same reason that the Donee shall take advantage if the Donor by release or Dissent had held by lesser Services he shall be prejudiced when he holds by greater Services And some think if the Wife of the Donee in tail of which the Law makes the Tenure be endowed and after the Estate is extinct she shall hold by Fealty only otherwise if the Tenure had been reserved by expresse words and if the Wife of the Tenant be endowed and after the reversion Escheats the Wife shall hold by Fealty only If the Tenant who holds by four pence makes a Gift in Frankmarriage and after the Donor dies without Heirs so that the reversion is held by twelve pence Quaere how the Donees shall hold whether by such services as the Donor held when the Gift was made or by such as the reversion is now held by If a Gift in Frankmarriage be made the Donees after the fourth degree shall hold as the Donor holds over If a Gift in tail be made rendring two pence during the life of the Father of the Donee during his life the Issue shall hold by the Reservation of the party and after his death by reservation of the Law If an Encroachment of Services be made upon the Husband the wife endow'd shall not be contributory and yet the Heir shall not avoid it A man hath issue two Daughters and holds Land of the Eldest by Suit and a Hawk and dies the Daughters assign a third part to the mother in Dower and after make Partition Tenant in Dower shall not be contributory for any part of the Services for the reversion remains in Parcenary between them for they cannot make partition thereof and then the whole Seignory is in suspence And yet if Land holden by a Hawk descend upon the Seignoresse and her sister and they make Partition the Seignoresse shall have the Hawk but there is no Suit for by the Statute of Marlebr cap. 9. the Eldest shall perform it and the other shall be contributory then if she be Seignoress she cannot do it her self But the reason in the principal case why the youngest shall not be charged is because the Seignory is in suspence it cannot be in Esse for another parcel The Tenancy being a Mannor is holden by twelve pence of another Mannor which is the Mesnalty and holden by six pence and the Mesne enfeoffs the Tenant of the Mannor which is the Mesnalty now he shall hold both the Mannors of the Lord by one Joint tenure of six pence and the Lord shall avow upon the Tenant because the two Mannors are holden of him by six pence so had it been if the Tenancy had escheated to the Mesnalty and the one Mannor is parcel of the other there the Tenancy hath not lost the name of a Mannor for the Land which was held of the Tenancy is not held of another Mannor which was the Mesnalty but as it was before 39 H. 6. 9. b. where one Mannor may be parcel of another If the Tenant who holds by one Hauk makes a Feofment of a Moity to a stranger or of the whole to a Mayor and Commonalty and A. now the Lord Paramount shall have two Hawks for they are severall Feofments for if livery had bin made to one in the name of both nothing passeth but to him who took the Livery and the Lord shall be compell'd to make several Avouries which proves that he shall have severall Hawks If the Tenant who holds by two severall Hawks makes a Gift in tail to two several persons reserving a Rent Habendum the one Moity to one and the other Moity to the other so that they have severall Estates in tail the Donor shall have two Hawks for the Law makes the Tenure and reservation but if the party had reserved it by special words As if a man makes a Lease Habendum one Moity to one the other Moity to the other reserving one Hawk or makes a Lease Pur auter vye to A. and to a Dean and Chapter reserving one Hawk and the Land goes two severall ways and he does reserve but one Hawk he shall not have more than he reserved If a Reversion at the beginning goes severall ways yet they shall not have more than is reserved if it were special reservation by the party Land is given to two and to the Heirs of their two bodies begotten the remainder to their right Heirs and the Land before was holden by one Hawk the Lord shall now have but one Hawk and yet they are not Jointenants of the Fee simple but there is no apporcionment by Moities but if a Lease be made
for life of two Acres the remainder in Fee of one to A. and of the other to B. there he shall have two Hawks Lord Mesne and Tenant the Tenant makes a Gift in tail the remainder in Fee the remainder Escheats upon whom the Lord shall avow and of whom the Donee shall hold is the question So if the Tenant makes a Gift in tail to the Mesne the remainder in Fee or makes a Gift in tail to a stranger the remainder in Fee to the Mesne how the Tenure shall be now is the Question But in the first case if the Mesne had released to him in remainder or to the Donee in tail it seems the Donee ought to avow upon the Donee in tail and that the Donee shall hold immediately of the Lord Paramount after the release Quaere if there be any difference The Tenant who holds by Homage and ten shillings Rent makes a Lease for life the remainder in tail not speaking of any reservation the Tenant for life although he doth not hold by Homage yet he shall hold by Fealty and ten shillings Rent being both the Estates now are but one But a Gift had been made in tail the remainder for life after the Estate tail determined the Tenant for life shall not hold by the same services as the Donee held Causa patet If there be two Jointenants and to the Heirs of one of them who hold ut supra make a Gift in tail the Donee shall hold of them both by the like Services and yet the Freehold is no cause of the tenure Quaere for some say that he that hath the Fee shall have the whole Tenure for the Inheritance passeth only from him If Tenant for life and he in reversion make a Gift in tail Quaere how he shall hold If a Lease be made for life the remainder in Frankmarriage some think the Tenant for life shall hold by Fealty only untill the fourth degree be past If there be Lord and Tenant by Fealty and twenty shillings and the Tenant gives in Frankmarriage to hold of him and his Heirs by Fealty only until the fourth degree be past and after by twenty shillings and Chivalry in that case after the fourth degree be past he shall not have the twenty shillings nor the Chivalry for though he reserved but Fealty until the fourth degree be past yet it is an intire reservation presently and the services are in him although they be not to be performed untill the fourth degree be past and Seisin of the Fealty shall be a Seisin of the rest and therefore the reservation being entire that is the reason that it is void for all because all cannot be reserved upon the Gift in Frankmarriage Testament IF a man makes severall Wills of severall dates and dies and the Executor of the last Will refuseth before the Ordinary yet the first Will is clearly defeated and yet the refusal is peremptory but it is not so if there be two Executors and one refuseth before the Ordinary If a Femsole makes her Will and then marries and he dies Quaere if the Will be revoked Villain IF the Lord deviseth Land to his Villain he shall be enfranchised against the Heir and yet he was a Villain to the Heir at the same time the devise took effect but being the Lord had a power to enfranchise him he shall be enfranchised As if one delivers an Escrowl of Enfranchisement to be delivered seven years after the Lord dies and then the Deed is delivered to the Villain it is a good enfranchisement If a man makes a Lease for life the remainder to the right Heirs of A. who hath Issue a Son who is a Villain by Confession to the Feoffor and the Feoffor dies and A. dies and the Tenant for life dies the Son of A. enters he shall be enfranchized and yet he was not enfranchized in the life of the Feoffor but now he shall be said in by him So if a man devise that his Executors shall sell his Land and they sell it to the Villain of the Testator he shall be enfranchised against the Heir for he comes in in the Per by the Testator If a Fem be endowed of a Villain in grosse and the Tenant in Dower and the Heir enter together into Land purchased by the Villain Quaere in whom the Freehold shall be So if he had been a Villain to an Abbe and a Secular man for his body is intire to every of them And if the Grantee for life of a Villain and he in reversion of a Villain enter together into Land of the Villain it seems that Tenant for life shall gain all but some think that he in reversion shall disable him in an Action If Executors have a Villain that the Testator had and enter into Land purchased by the Villain it shall be Assetts notwithstanding they have a Fee as Land in Fee descended to the Heir shall be assetts to a Chattle viz. a Debt to a Stranger And the reason why they shall have it to the use of the Testator is because they had it in auter droit and so it shall be a Perquisite unto the same right So if a Guardian in Socage of a Mannor to which a Villain is regardant enters into Land purchased by the Villain it shall be to the use of the Infant So if a Bishop enters into Land purchased by a Villain which he hath in right of his Church the Land shall be to the same use so is 42 E. 3. 24. But if one hath a Villain for years in his own right he shall have a Fee in the Land purchased by the Villain It was said if a man be intitled to be Tenant by the Curtesie of a Villain and enters into Land purchased by him he shall be seised of the Land to his own use and not in right of his Wife because he hath the Villain in his own right but Quaere if he were not intitled to be Tenant by Curtesie If the Lord of a Villain gives Land by Fine to the Villain which is Land of Ancient Demesne the Lord reverseth the Fine by Disceit some think the Manumission is destroyed for it doth not appear upon Record otherwise if he enfeoffs his Villain upon Condition and enters for the breach And if a Villain acknowledges an Action brought by Baron Fem that is no Enfranchisement against the Fem for it is but an Enfranchisement in Law upon which she is not examined The Tenant enfeoffs the Villain of the Lord and a Stranger upon Collusion the matter is how the Lord may obtain the Ward without Dammages For if he brings a Writ of Ward the Villain shall be manumitted and if he enters upon the Villain he avoids the Collusion for ever and shall retain the Land but then he shall be Tenant in Common with the other and so he can have no Writ of Ward for the other Moity If Tenant in tail of a Mannor to which a Villain is
regardant makes a Lease for one and twenty years to the Villain rendring a Rent according to the statute and dies within the term if the Issue being remitted to the Freehold of the Villain may enter into the Mannor and out the Villain Upon a plea in Bar of an Assize the parties are adjourned and after the Tenant pleads a Release made after the Darrein Continuance bearing date in a forreign County and after at the Venire fac return'd the Tenant pleads that after the Darrein Continuance he hath purchased the Mannor to which the Plaintiffe is a Villain he shall not have this plea for he shall not delay the Plaintiff by his plea but once where the matter of fact happens de puisne temps for he is at no mischeif if his plea be true But in shewing a Record after he shall plead it if it be in the same Court. And here the Villain shall not be enfranchized for the Plea was pleaded before which now he ought to maintain but if he answers his Villain de Novo that is an Enfranchisement Voucher THe youngest son of an Abator hath Land by descent by the custom of Borough English or by reason of an Estate tail made to his Father and a second Wife in a Mortdancester brought against him he shall vouch notwithstanding the Counterplea given by the Statute for the Statute extends but to Heirs at common Law and therefore if an Abator hath Issue two Daughters and makes a Feoffment and dies and one of them takes a Feofment and an Assize is brought against her she shall vouch for she is not sole Heir but if she had been sole Heir then cleerly she shall not vouch though she doth not come to it as Heir And if an Abator and a stranger being Tenants in a Mortdancester vouch they shall have the Voucher If Feoffee with Waranty to him his Heirs and Assigns makes a Lease for life the Tenant for life in a plea vouches the first Feoffor and recovers in value Land held of the Feoffee if the Feoffee shall have his Seignory For if the Reversion of the Land recovered be in the Feoffee then he shall not avow and if he shall not Quaere if Lessee for life shall vouch as Assignee being that he hath not all the Estate And it is cleer if the Feoffee had made a Lease for life the remainder in Fee the Lessee shall vouch as Assignee and if he recovers in value the remainder shall be in him in whom it was before 28 Ass p. 18. 11 Ass p. 3. If the younger brother and a Stranger abate and the Stranger dies now a Mortdancester doth not lie or if an Abator makes a Feoffment and retakes an Estate to himself and another and the other dies the Voucher does not lie for him and yet before an Assize of Mortdancester and Voucher did lie If a Feoffment be made with Warranty to one his Heirs and Assigns the Feoffee makes a Feoffment over the second Feoffee enfeoffs the Son of the first Feoffee he shall vouch for he may be Assignee of his Father being he does not come in as Heir Lord by Escheat Mortmain or of a Villain c. shall not be said Assignees Land is given to Husband and Wife and to the Heirs of the Husband he makes a Feoffment with Warranty and dies the Wife brings her Cui in vita the Feoffee vouches and recovers in value by reason of the Warranty after the death of the Wife he shall vouch again by reason of the Warranty aforesaid So if a Woman brings a Writ of Dower and the Feoffee vouches by reason of the Warranty he shall vouch again after the death of the Wife because the Voucher and Recovery in value was onely in respect of the Freehold but if he had once recovered in value of the Fee he should never vouch again by reason of the first Warranty for he hath the effect of it and also the Warranty is gone with the Estate But if Tenant in Frankmarriage recovers in value he shall vouch again but it is otherwise of Tenant for life If Tenant in tail to him and his Heirs Females the remainder to him in Fee makes a Feoffment with Warranty and dies the Heir Female recovers and the Feoffee recovers over in value he shall vouch again after the Estate tail is spent by reason of the first Warranty If the Tenant vouches and at the Sequat sub suo periculo the Tenant and the Vouchee make Default whereupon the Demandant hath Judgement to recover against the Tenant and after he brings a Seire fac against the Tenant to execute the Judgement if the Tenant shall have a Warrantia Chartae against the Vouchee But if a stranger brings a Praecipe quod reddat against the Tenant some think that he shall vouch for by the first Voucher and the Judgement given against the Tenant the Warranty was not defeated nor the possession of the Tenant but if the Tenant had judgement to recover in value against the Vouchee he shall never vouch again by reason of this warranty for the warranty hath lost its force being he had Judgment to recover in value by reason of it for if he should recover again he should have 2 Recoveries upon one warranty It was holden cleerly that if the tenant hath Judgment against the Vouchee he shall recover no land in value but that the Vouchee had at the time of the Judgment And note upon a Summoneas ad Warrantizand if the Sheriff returns the Vouchee warned and he makes default the Tenant shall have a Cap. ad val and recover in value but if he returns that he hath nothing then after the Sicut alias pluries a Sequatur sub suo periculo shall issue and there if the Vouchee makes default he shall not have Judgement to recover in value for the Warranty is not confessed and it is uncertain whether he had any thing but in the Cap. ad val it appears that he has Assetts A. seised of two Acres at Common Law and one in Borough English and makes a Gift in tail to a Stranger of one of the two Acres and dies the Donee is impleaded and vouches the eldest Son and recovers in value the other Acre out of his possession as he shall do in this case being he vouches him alone and not the youngest where the eldest hath assetts the question is if he be impleaded for that Acre he hath recovered if he shall vouch the eldest and the youngest If that Acre in Borough English shall be lyable by reason of the said Warranty in Law being it is not the Warranty which descends but the Warranty in Law commenceth first in the Eldest Son for the Recovery in value shall be said in lieu of the first Land given yet it is always to be intended having regard to the estate of the Reversion descended from the Father the Reversion left in the Eldest Son and then the Acre of the youngest is not lyable
with warranty as it is in 31 E. 3. in a Warrantia chartae there the warranty shall not extend to the rent because the rent was not in esse at the time but if upon a rescous she brings an Assize and after is nonsuited and after the Tenant makes a Feofment of the Land with warranty that warranty will extend to the Rent Quod nota A man dies seised of an Acre in Borough English in tail having three Sons the youngest enters and makes a lease to the second for years who makes a Feofment with warranty and dies without Issue the yongest dies without Issue the eldest brings a Formedon if he shall be barred by the warranty It seems though the warranty descends upon the eldest where it was a disseisin to the youngest yet when the right of the Land comes unto him he shall say that the warranty comences by disseisin because he is now privy to the warranty and to the estate for if the Father seis'd in fee makes a lease to the Grandfather for years who makes a Feofment in Fee with warranty and dies and the Father dies that warranty shall not be a bar to the son because it comenc'd by disseisin to him whose Heir he is And if a man hath Issue two Sons the youngest makes a Lease for years to the Father who makes a Feofment with warranty and dies and after the Eldest dies without Issue and the warranty descends upon the youngest that shall be no bar because it comences by disseisin and though the Land doth come immediately to him upon whom the warranty descends as it was in the principall case or although the warranty doth not descend upon the Tenant of the land immediately as heir to him that made the warranty yet all is one Warranty which ommences by disseisin and wrong is made to him in the interim upon whom the warranty descends after although that wrong was not a dissesin to him yet it is a warranty which commences by disseisin As if an Ancestor Collateral to the Donor desseise the Donee to the intent to make a feofment with warranty which is done accordingly and the warranty descends upon the donor and after tenant in tail dies without issue in a formedon in reverter the warranty shal be no bar because it commences by disseisin to the tenant in tail at which time wrong was made to him in reversion and therefore he shal say that the warranty commences by desseisin tamen vid. 30. E. 3. 12. But if a man makes a feofment with warranty and dies which is a disseisin to a stranger the heir of the Feoffor if he hath not the right of the land descended to him after shall be vouched for the warranty then in the principal case if the eldest cannot say that the warranty commences by disseisin yet it shall be lineal against him for by possibility he might have made himself heir to him that made the warranty for the land doth descend to the youngest heir as well as to the youngest Son and so to the youngest unkle for the reason is all one for the young'st brother shal be in as youngest Son to the common Ancester but some say there is not any reason in these two cases If tenant in tail is desseised and release to the disseisor with warranty and after is attained of felony and hath a Charter of pardon and dies it seems it is a discontinuance for if he had purchased land after his Charter it would descend to his heir which proves that the blood betwixt him and his heir is not corrupt as it is between him and his Ancesters then the warranty being in esse at the time of his death there is no impediment but that it may descend But if tenant in tail who hath a warranty annexed to his estate be attainted of felony and executed many think his issue shall not inherit the voucher for the warranty though he hath the land for the warranty is out of the statute de Donis Condit which speaks of lands and tenements which are given upon condition But Plowd thinks the contrary for by the equity of the statute it is preserved as well as Charters 21. H. 6. 20. per Markeham 9. H. 6. 60. b. Cott. for Charters Feoffee with warranty is disseised by the Feoffor who dies seised the Feoffee outs the issues who brings a writ of right the Mise is joyned upon the meere right and the demandant is barred for if the Feoffee being impleaded by a stranger shal arraine the warranty against the issue is the question FINIS