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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33621	An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.; Institutes of the laws of England. Abridgments.	Coke, Edward, Sir, 1552-1634.; Littleton, Thomas, Sir, d. 1481. aut; Davenport, Humphrey, Sir, 1566-1645, attributed name.	1651 (1651)	Wing C4906; ESTC R217258	305,227	456

Rot. Parliament 18. H. 6. 11. 29. Ap Guilliams case 10. E. 3. c. 2. 3. H. 7. f. 6. Sect. 469. Lou home ad forsque droit a la terre nad riens in le reversion ne in le remainder in fait si tiel home release tout son droit a un que est tenant de le franktenement tout son droit ale comment que nul mention soit fait de les heires celuy a que le release est fait To a release of a right made to any that hath an estate of Freehold in Deed or in Law no privity at all is requisite Lessee for life letteth the same land over to another for term of the life of his lessee the remainder to another in fee A release in this case by the first lessor to the lessee doth not enure by way of Mitter le droit for then should he have the whole right but as it were by way of extinguishment in respect of him that made the release and that it shall enure to him in the remainder which is a quality of an inheritance extinguished but yet the right is not extinct in deed Sect. 471. Fol. 275. b. If a disseisor make a lease for life the remainder in fee albeit they to some purposes are as one Tenant in Law yet if the disseisee release all actions to the Tenant for life he in the remainder shall not take benefit of this release for it extendeth only to Tenant for life l. 8 fo 148. Edw. Althams Case Also if the disseisor make a lease for life and the disseisee release all actions to the lessee this enureth not to him in the reversion And so our Author is to be understood of a release of Rights and not of a release of actions to the Tenant for life as to or for the benefit of him in the remainder or reversion Sect. 472. Fol. 276. a. If Tenant for life be disseised by two and he release to one of them this shall enure to them both for he to whom the release is made hath a longer estate then he that releaseth and therefore cannot enure to him alone to hold out his Companion for then should the release enure by way of Entry and grant of his estate and consequently the disseisor to whom the release is made should become Tenant for life and the reversion revested in the lessor which strange transmutation of estates in this case the Law will not suffer 13. E. 4. Discent F. 29. But if lessee for years be ousted and he in the reversion disseised and the lessee release to the disseisor the disseisee may enter for the term of years is extinct and determined And so it is if Donee in Tail be disseised by two c. But if the Kings Tenant for life be disseised by two and he release to one of them he shall hold out his companion for the disseisor gained but the estate for life So if two joynt-tenants make a lease for life and after to disseise the Tenant for life and he release to one of them he shall hold out his companion for the disseisin was but of an estate for life If Tenant for life be disseised by two and he in the reversion and Tenant for life joyn in a release to one of the disseisors he shall hold out his companion and yet it cannot enure by way of entry and Feoffment But if they severally release their severall Rights it shall enure to both the disseisors But here in Littletons Case where Tenant in fee simple is disseised by two and release to one of them this for many purposes enures by way of entry and Feoffment and therefore he to whom the release is made shall hold out his companion and be made sole Tenant of the fee simple Mes fi un disseisor infeffa 2 c. auterment est For that the Feoffees are in by Title and are presumed to have a Warranty which is much favoured in Law and the disseisors are meerly in by wrong 21 H. 6. 41. If two men do gain an Advowson by usurpation and the right Patron release to one of them it shall enure to them both for seeing their Clerk come in by admission and institution which are judiciall acts they are not meerly in by wrong for an usurpation shall cause a Remitter F. N. B. 31. M. But if a lease for life be made the remainder for life the remainder in fee and he in remainder for life disseise the Tenant for life and then the Tenant for life dieth the disseisin is purged and he in remainder for life hath but an estate for life And so note a diversity where the particular estate for life is precedent and when subsequent 19. H 6. 21. 38. H. 6. 28. Case de Occup Where our Author putteth his case of one disseised put the case that two joyntenants in fee be disseised by two and one of the disseisees release to one of the disseisors all his right he shall not hold out his companion because the release is but of the moity without any certainty If a man be disseised by two women and one of them take husband and the disseisee release to the husband this shall enure to the advantage of both the disseisors because the husband was no wrong doer but in a manner by Title If two disseisors be and they make a Lease for life and the disseisee release to one of them this shall enure to them both and to the benefit of the lessee for life also for he cannot by the release have the sole possession and estate for part of the estate is in another And so it is if the disseisors make a lease for years c. But the mortgage upon condition having broken the condition is disseised by two the mortgager having Title of entry for the condition broken releases to the one disseisor albeit they be in by wrong yet the release shall enure to them for two causes 1. For that they are not wrong doers to the Mortgager but to the Mortgagee and by Littletons case it appeareth that wrong is done to him that made the Release 2. That he that makes the Release hath but a Title by force of a condition and Littletons case is of a right Like Law is of an entry for Mortmain or a consent to Ravishment c. Sect. 473. Note that a release by one whose entry is lawfull to him that is in by wrong shall purge and take away all mean estates and titles If A. disseise B. who infeoff C. with warranty who infeoff D. with warranty and E. disseise D. to whom B. releases this doth defeat all the mean estates and warranty causa qua suprae 11. H. 4. 33. 9. H. 7. 25. 2. E. 4. 16. 21. E. 4. 78. 12. Ass 22. vide 3. H. 6. 38. Sect. 474. Fol. 276. b. If the disseisor make a lease for life and the lessee make a feoffment in fee and the disseisee release to

assigned over without Deed the wardship of an Advowson cannot be granted without Deed. Causa qua supra Vide Divers CHAP. V. Socage Sect. 117. OMnium rerum ex quibus aliquid exquiritur nihil agricultura melius nihil uberius nihil dulcius nihil libero homine dignius Cicero lib. 1. offic Virg. Lib. 1. Georg. O Fortunatos nimium sua si bona norunt Agricolas quibus ipsa procul discordibus armis Fundit humo facilem victum justissima tellus Nullum laborem recusant manus quae ab aratro ad arma transferuntur c. Fortior autem Miles ex confragoso venit sed ille unctus nitidus in primo pulvere deficit Seneca in Epist In the Book of Doomesday Land holden by Knights service was called Taniland and Land holden by Socage was called Reveland Fo. 86. a. Nota that the legall signification of agium in composition termineth service or duty as Homagium the service of the man c. Vide Libr. a woundy mistake fignum pro termino Ex donationibus autem feoda militaria vel magnam serjeantiam non continentibus oritur nobis quoddam nomen generale quod est socagium It is a presumption where homage is due that the land is holden by Knights service Sect. 118. and 119. Home poit tener per fealty tantum est a tener en Socage Car chescun tenure que nest pas in Chivalry est tenure en Socage Here Littleton speaketh of Tenures of common persons for grand Serjeanty is not Knights service and yet is not a Tenure in Socage Vide c. And note That some Tenures in Socage are named à causa and some and the greater part ab effectu Socagium idem est quod servitium Socae Soca idem est quod caruca s un soke ou un carve As carucata terrae a plough land may contain houses mils pasture meadow wood c. as pertaining to the plough so under the service of the Plough all services of tillage or husbandry are included Although the cause whereupon the name of Socage first grew be taken away yet the name remains the same it hath been and is used to distinguish this Tenure from a Tenure by Knights service Nomina si perdas certè distinctio rerum perditur Sect. 120. and 121. Escuage certain is not in rei veritate servit ' scuti which is to be done by the body of a man but it is servitium Crumenae of money which is to be drawn out of the purse and that is in effect a Tenure in Socage If a rent be paid for Castlegard it is clear a Socage Tenure but if a sum in gross or other thing be voluntarily paid or given by the tenant and voluntarily received by the Lord in lieu of Castlegard yet the Tenure by Knights service remaineth vide lib. 4. fo 88. in Lutterels Case Rent service is accompanied with some corporal service as fealty at the least Sect. 122. Sect. 123. If lands holden in Soccage be given to a man and the heirs of his body and he dieth his heir within age the next Cosin of the part of the father albeit he be worthier shall not be preferred before the next Cosin of the part of the mother but such of them as first seiseth the heir shall have his Custody fo 88. a. If A. be Guardian in Soccage of the body and lands of B. within age of 14 years A. shall be Guardian per cause de gard But an Infant c. that is not in the custody of another cannot be Gardian en Soccage because no Writ of Account lieth against an Infant Alium regere non potest qui seipsum regere non novit Bract. lib. 2. fo 88. Minor minorem custodire non debet alios enim presumitur male regere qui seipsum regere nescit Fleta lib. 1. cap. 10. Haeres sokmamii sub custodia capitalium dominorum non erit sed sub custod ' consanguineorum suorum propinquorum hoc est eorum qui conjuncti sunt jure sanguinis non jure successionis ex parte quor ' non descendit haereditas c. Hereby not only an immediate descent but all possibility of descent is excluded Vide lib. fo 88. b. The father Guardian in Soccage must by law be accountable to the son both for his marriage and also for the profits of his lands which he should not if he had the custody c. in this case as father in respect of nature And the act of the law never doth any man wrong sic vide diversitatem c. Guardian in Soccage shall not forfeit his interest by outlawry or attainder of Felony or Treason because he hath nothing to his own use but to the use of the heir Legitima aetas as the Statute of Merlebridge 52 H. 3. speaketh or plena aetas as the Writ of Account doth render it are to be understood secundum subjectam materiam that is of the heir of Soccage land whose lawfull and full age as to Guardianship is 14 years And as to the recitall of the Statute it is evident That an action of Account did lie against Guardian in Soccage at the Common Law Vide lib. fo 89. a. * If the Guardian receive the rents and profits c. and he be robbed without his default or negligence he shall be discharged thereof But otherwise it is of a Carrier for he hath his hire and thereby implicitely undertaketh the safe delivery of the goods delivered to him H. 38. Eliz. inter Woodlief Curteis Note it is necessary for any that receiveth goods to be kept to receive in this special manner viz. To be kept as his own or to keep them at the peril of the owner To be kept and to be safely kept is all one in Law sic vide diverfit ' Pascha 43 Eliz. Southcote and Bennet The Gardian en Socage shall account for the marriage of the heir so for so much as any man bona fide had offered for the marriage unto him Le enfant al age de 18 years poit faire son testament c. Nota Executors could not have an action of Account at the Common Law in respect of the privity of the account but the Statute of Westm. 2. cap. 23. hath given the action of account to Executors the Statute of 25. E. 3. cap. 5. to Executors of Executors and the Statute of 31 E. 3. cap. 11. to Administrators The Gardian en Socage is bounden by Law That the heir be well brought up and that his Evidences be safely kept Sect. 124. and 125. Sed quaere si apres lage de 14 ans c. This quaere came not out of Littletons quiver for it is evident That after the age of 14 years Gardian en Socage shall be charged Bayliff at any time when the heir will either before his age of 21. years or after Gardian en Chivalry ad le gard a son proper use Gardian en Socage nad

one that hath a former Right F. N. B. 35. Right and wrong cannot consist together 194. a. Sect. 307. Et en asc ' case un release vera per voy dextinguisment aydera le joyntenant a que le release ne fuit fert c. sicome un home soit disseisee le disseisor fort feoffment a 2. homes in fee si le disseisee release per son f●rt a un des feoffees cel release vera a ambideux c. pur ceo que les feoffees ont estate per la ley scil per feoffment nemy per tort fert a nulluy c. The reason of the diversity between the desseisors and their feoffees is for that the feoffees coming in by Title and Purchase are intended in Law to have a Warranty which is much esteemed in Law and therefore lest the Warranty should be avoided the Release shall inure to both the feoffees in favour of purchasors and so the right and benefit of every one saved And therefore in ancient time if the feoffee of a disseisor had continued in seisin quietly a year and a day the entry of the disseisee had not been lawfull upon him 20 H. 3. Ass 432. Sect. 311. Note that in reall actions and in actions also that are mixt with the personalty Tenants in common shall sever because they have severall Freeholds c. Come si 2 tenants in common sont disseisees ils doient aver 2. Ass pur ceo que ils fueront seisees per several titles c. Vide lib. fol. 195. b. Auterment est de joyntenants Sect. 313. Quant a suer des actions que touchant le realty y sont diversities perenter parceners que sont eins per divers discents tenants in common Vide Sect. 241. Sect. 314. If two Tenants in common be and they grant a rent of 20. s. per annum out of their land the Grantee shall have two rents of 20. s. Pl. Com. Hill and Granges Case 171. vide Sect. 219. But if they two make a gift in taile a lease for life c. reserving 20. s. rent to them and their heirs they shall have but one 20. s. for they shall have no more then themselves reserved And albeit the reservation of rents severable be in joynt words yet in respect of the severall reversions the law makes thereof a severance fol. 197. a Lex spectat naturae ordinem vide Sect. 129. lex neminem cogit ad vana seu inutilia lib. 5. fol. 21. The law wils that in every case where a man is wronged and endamaged that he shall have remedy Aliquid conceditur ne injuria remaneret impunita quod alias non concederetur 31 E. 3. 35. 3 E. 3. 19. a. Tenants in common shall joyn in a Qu. imp because the Presentation to the Advowson is entire 5 H. 7. 8. 33 H. 6. 11. 6 E. 4. 10. Also Tenants in common of a Seigniory shall joyn in a Writ of Right of Ward and Ravishment of Ward for the body because it is intire 6 H. 4. 6 7. If two Tenants in common be of the Wardship of the body and one doth ravish the Ward and the one Tenant in common releases to the Ravisher this shall goe in benefit of the other Tenant in common and he shall recover the whole and the release shall not be any barre to him And so it is if two Tenants in common be of an Advowson and they bring a Qu. imp and the one doth release yet the other shall sue forth and recover the whole Presentment Two Tenants in common shall joyn in a Detinue of Charters and if one be Nonsuit the other shall recover It is said that Tenants in common shall joyn in a Warr. Chartae but sever in Voucher 18 E. 3. 56. Sect. 315. Item Tenants in common averont un action joynt-tenement recoveront joynt-tenement lour damages quant l' action est en le personalty nemy en le realty c. Note a diversity between a Chatel in possession and a personall chose in action belonging unto them As if two Tenants in common be of land and one doth a trespasse therein of this action they are joyntenants and the survivor shall hold place 22 H. 6. 12. S. 319 320. But if two Tenants in common be of goods as of an horse c. there if one dye his Executors shall be Tenant in common with the survivor fol. 198. a. If two Tenants in common be of an Advowson and a stranger usurp so as the right is turned to an action and they bring a Writ of Qu. imp which concerns the realty the six months passe and the one dyeth the Writ shall not abate but the survivor shall recover otherwise there should be no remedy to redresse this wrong And so it is of Coparceners and this is one exception out of our Authors rule 14 H. 4. 12. 38 E. 3. 5. 37 H. 6. 9. b. 10 El. Dyer 279. F.N.B. 35. Pl. Com. Seignieur Barkleys Case But if three Coparceners recover land and damages in an Assize of Mordane ' albeit the judgment be joynt that they shall recover the land and the damages yet the damages being accessory though they be personall doe in judgment of Law depend upon the Freehold being the Principall which is severall And though the words of the judgment be joynt yet shall it be taken for distributive And therefore if two of them die the entire damages doe not survive but the third shall have Execution according to her portion and this is another Exception 14 E. 3. Execution 75. 45 E. 3. 3. b. But if all three had sued Execution by force of an Elegit and two of them had dyed the third should have had the whole by survivor till the whole damages be paid Sect. 317 318. En avowry pur rent tenants en common covient sever car ceo ē en le realty come le Ass ē supra Tenants en common poient bien faire partition enter eux sils voilont c. Sect. 321. Lou divers persons ont chateux reals ou personals en common pur divers Titles si lun de eux mor ' ses executors tienderant occupier ceo ovesque eux que survesquont c. Sect. 322 323. Albeit one Tenant in common take the whole profits the other have no remedy in Law against him for the taking of the whole profits is no Ejectment but if he drive out of the land any of the Cattel of the other Tenant in common or not suffer him to enter and occupy the land this is an Ejectment c. Whereupon he may have an Eject firmae for the one moity and recover damages for the entry but not for the mean profits fo 199. b. Note a diversity between actions which concern Right and Interest as of Eject ' firmae Eject ' de gard quare ejecit infr Term. of a Chattel reall upon an expulsion or Ejectment and actions concerning the bare taking of

upon condition c. and dye his executors or administrators shall enter for the condition broken for they are privy in right and represent the person of the dead Vide 21 H. 7. 18. a. fo 214. b. c. If cesty que use had made a Lease for yeares c. upon condition the Feoffes should not enter for the condition broken for they are privy in estate but not privy in bloud 27 H. 8. 1. 4. Diversity is in case of a Lease for years where the condition is that the Lease shall cease or be void and where the condition is that the lessor shall reenter for there the grantee as Littleton saith shall never take benefit of the condition And note that where the estate or Lease is ipso facto void by the condition or limitation no acceptance of the rent after can make it to have a continuance otherwise it is of an estate or Lease voidable by entry Pl. 136. Brownings case 5. Diversity between condition in Deed and condition in Law As if a man make a Lease for life there is a condition in Law annexed unto it that if the lessee doth make a greater estate c. that then the lessor may enter of this and the like condition in law which doe give an entry to the Lessor the lessor himselfe and his heires shall not only take benefit of it but also his Assignee and the Lord by escheat every one for the condition in law broken in their own time 6. Diversity is between the judgement of the common Law and the Law at this day by force of the Statute of 32. H. 8. ca. 34. for by the Common Law no grantee or Assignee of a reversion could take advantage of a re-entry by force of a condition But now by the said Statute it is otherwise By which act it is provided that as well every person which shall have any grant of the King of any reversion c. of any Lands c. which pertained to Monasteries c. as also all other persons being Grantees or Assignees c. to or by any other person or persons and their heires executors successors and Assignees shall have like advantage against the Lessees c. by entry for non-payment of the rent or for doing of waste or other forfeiture c. as the said lessors or grantors themselves ought or might have had 26 H. 6. tit entreconge 49. Upon this act divers judgments c. have been given which are necessary to be known 1. That the said Statute is generall that the grantee of the reversion of every common person as well as of the King shall take advantage of condition Pl. 175. 76. Hill and Granges case M. 10. and 11 Eliz. 180. Dyer 2. That the Statute doth extend to grants made by the successors of the King albeit the King be only named in the Act. 3. That where the Statute speaketh of Lessees that the same doth not extend to gifts in Taile 14. El. Dyer 309. Winters case 4. That where the Statute speakes of Grantees and Assignees of the reversion that an Assignee of part of the estate of the reversion may take advantage of the condition As if Lessees for life be c. and the reversion is granted for life c. So if Lessee for years be c. and the reversion c. the grantee for years shall take benefit of the condition in respect of this word execution in the Act. Pl. 69. Kidwellies case 7 E. 3. 54. and Vide Dyer 309. 5. That a grantee of part of the reversion shall not take advantage c. As if the Lease be of three Acres reserving a rens upon condition and the reversion is granted of two acres the rent shall be apportioned by the act of the parties but the condition is destroyed for that it is entire and against common right lib. 5. fol. 54. Knights Case Winters Case c. 6. That in the Kings case the condition c. is not destroyed c. 7. By act in Law a condition may be apportioned in the case of a common person as if a Lease for years be made of two acres one Burrough English and the other at the common law and the lessor having issue two sons dieth each of them shall enter for the condition broken and likewise a condition shall be apportioned by the act and wrong of the Lessee as in the Chap. of Rents l. 4. f. 120. Dumpers Case 8. If a Lease for life be made reserving a rent upon condition c. the Lessor levies a fine of the reversion he is Grantee or Assignee of the reversion but without atturnment he shall not take advantage of the condition P. 20. El. in Com. Ba. Dukes Case lib. 5. 112. b. Mallories Case 9. Diversity between a condition that is compulsory and a power of a revocation that is voluntary for a man that hath a power of revocation may by his own act extinguish his power c. in part as by levying of a Fine of part and yet the power shall remain for the residue because it is in nature of a limitation and not of a condition P. 39. El. and 40 41 H. Earl of Salisburies case in Court of Wards 14 El. Dy. 39. 10. If the Lessor bargain and sell the reversion by Deed indenture and inroll the Bargainee is not in the Per by the Bargainor and yet he is an Assignee within the Statute So if the Lessor grant the reversion in Fee to the use of A. and his heirs A. is a sufficient Assignee c. because he comes in by the act and limitation of the party albeit he is in the Post and the words of the Statute be To or By and they be Assignee to him although they be not by him but such as come in meerly by act in Law as the Lord of the villain the Lord by Escheat c. shall not take benefit of this Statute 11. If the Lessor bargain and sell the reversion c. Or make a Feoffment in Fee and the Lessee reenter the grantee or Feoffee shall not take advantage c. Without making notice to the Lessee l. 8. f. 92. Frances Case And 12. albeit the whole words of the Statute be for non-payment of the rent or for doing of wast c. yet the Grantees and Assignee shall not take benefit of every forfeiture c. but onely of such conditions as either are incident to the reversion as rent or for the benefit of the State as for not doing of wast for keeping the houses in repair for making of fences scouring of ditches for preserving of woods c. and not for payment of any summe in grosse delivery of corn wood c. So as other forfeiture shall be taken for other forfeitures like to those examples which were there put viz. of payment of rent and not doing of wast which are for the benefit of the reversion Dyer 309. Sect. 348 349. Seign Tenant le tenant

attorn saving his Acquitall and the Plaintiffe acknowledge it and thereupon Tenant attorn Tenant for life dyeth in this case albeit Reg. the Attornment to the Tenant for life is an Attornment to him in remainder yet in this case he in the remainder shall not distrain till he hath acknowledged the Acquitall which must be in a per que servit brought by him against the Tenant vide S. 557. Sect. 583. Fol. 321. a. Note a diversity between an act in Law that giveth one inheritance in lieu of another and an act in Law that conveyeth the estate of the Conusee only Of the former Littleton here putteth an Example of the escheat of the Mesna●ty which drowneth the Seigniory Paramount and therefore reason would that the Lord by this act in Law should have as much benefit of the Mesnalty escheated as he had of the Seigniory that was drowned and he hath no remedy to compell the Tenant to Attornment Also the Lord cometh to the Mesnalty by a Seigniory Paramount and therefore needeth no Attornment As if lessee for life be of a Manor and he surrender his estate to the lessor there needs no Attornment of the Tenants because the lessor is in by a Title Paramount Temps E. 2. Attor 18. 39. H. 38. per Prifot lib. 6. f. 68. Sir M. Finches Case 5 H. 7. 18. per Cur. But if the Conusee dye and the Law casteth his Seigniory upon his heir by Discent he shall not be in any better estate then his ancestor was because he claimeth as heir meerly by the Conusee Sect. 584. Fol. 321. b. vide c. If a man make a lease for life or years and after levy a Fine to A. to the use of B. and his heirs B shall distrain and have an action of Waste albeit the Conusee never had any Attornment because the reversion is vested in him by force of the Statute and hath no remedy to compell the lessee to attorn 27 H. 8. c. 10. Sect. 585. 586. Fol. 322. a.b. Here doth Littleton put a case where a man may have a Seignory rent reversion or remainder meerly by the act of the party and may distrain and have any action without any Attornment and that is by devise of Lands deviseable by Custom when Littleton wrote by the last Will aad Testament of the owner 34 H. 6. 6. 5 H. 7. 18 F N B. 121. n. Omne Testamentum morte consummatum ultima voluntas testatoris est perimplenda secundum verā intentionem suam reipublicae interest suprema hominum testamenta rata haberi The Will of the Devisor expressed by his Testament shall be performed according to the intent of the Devisor and it shall not lie in the power of the Tenant or lessee to frustrate the Will of the Devisor by denying his Attornment vide S. 167. Brit. fol. 78. 212. b. Sect. 587 588 589. Fol. 323. a b The disseisor cannot disseise the Lord of the Rents or Services without the Attornment of the Tenants to the disseisor for seeing an Attornment is requisite to a feoffment and other lawfull Conveyances A fortiori a disseisor or other wrong doer shall not gain them without Attornment The like Law is of an Abator and an Intrudor But albeit the disseisor hath once gotten the Attornment of the Tenants and payment of their rents yet may they refuse afterwards for the avoiding of their charge And here the Attornment of the Tenant of a Manor to a disseisor of the Demesns shall dispossess the Lord of the rents and services parcell of the Manor because Demesns Rents Services make but one intire Manor and the Demesns are the principall but otherwise it is of rents and services in gross 6 H. 7. 14. 11 H. 7. 28. 11 H. 4. 14. a.b. For a man cannot be disseised of a rent service in gross rent charge or rent seck by Attornment or payment of the rent to a stranger but at his election for the Rule of Law is Nemo redditum alterius invito Domino percipere aut possidere potest vide S. 237 238 239 240. What be disseisins of rent services rent charge and rent secks and payment to a stranger is none of them but at the Lords election 24 E. 3. 4. 1 E 5. 5. A discent of a rent in gross bindeth not the right owner but that he may distrain albeit he admitted himself out of possession and determined his election as by bringing of an Assize c. 5 E. 4. 1. 23 H. 30. Ass 439. 16 Ass p. 15. *** CHAP. XI Of Discontinuance Sect. 592. Fol. 325. a. DIscontinuare nihil aliud significat quàm intermittere desuescere interrumpere 8 H. 4. 8. b. 11 H. 4. 85. b. A discontinuance of estates in Lands or Tenements is properly in legall understanding an alienation made or suffered by Tenant in Taile or by any that is seised in auter debit whereby the issue in Tail or the heir or successor or those in reversion or remainder are driven to their action and cannot enter I have added properly by good warrant of our Author himself for Sect. 470. he useth Discontinuance for a devesting or displacing of a reversion though the entry be not taken away Also vide the Stature of 1 E. 6. c. 7. 31. Eliz. c. 2. lib. 7. fo 30 31. le case de Discontin de processe When Littleton wrote the estate in Lands and Tenemens might have been discontinued five maner of ways viz. By Feoffment by Fine by Release with Warranty Confirmation with Warranty and by suffering of a Recovery of a Praecipe quod red and this was to the prejudice of five maner of persons viz. of Wives of Heirs of Successors of those in Reversion and of those in Remainder But for Wives and their Heirs and for Successors the Law is altered by Acts of Parliament since Littleton wrote Sect. 593. Fol. 325. b. Nota that in Law the Covent albeit they be Regular and dead persons in Law yet are they said in Law to be Capitulum to the Abbot as well as the Dean and Chapter that be Secular to the Bishop But it is to be observed That a sole Body Politick that hath the absolute right in them as an Abbot Bishop c. may make a discontinuance but a Corporation aggregate of many as Dean and Chapter Warden and Chaplains c. cannot make any discent for if any joyn the grant is good and if the Dean Warden c. make it alone where the Body is aggregate of many it is void and worketh a disseisin 21 E. 4. 86. vide Sect. 528 648. By the Statute of 1 Eliz. c. 10. 1 Iac. c. 3. Bishops and all other Ecclesiasticall persons are disabled to alien or discontinue any of their Ecclesiasticall Livings Sect. 594. Fo. 326. a. By the pur vieu of the Statute of 32 H. 8. c. 28. the wife and her heirs after the decease of her husband may enter into the Lands and Tenements of the