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 diesseised 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 dies the Abator shall not hold it charged But by many the Rent in
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 Faâ—ther 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 Disseisoâ— 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 Insidel 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 tp 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 â—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 part of a fourth part if the Reversion passed severally for then the
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 siesed 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 IF 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 Intall 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
tayl after possibility in which case she hath but a Freehold in the remainder otherwise if her Estate had been in tail Land is devised to A. for life the Remainder to him that shall be his first Son the Remainder in Fee A. aliens in Fee if he in the Remainder may Enter for the Forfeiture Quaere Frankmarriage THree Jointenants one of them gives his part with his Daughter in Frankmarriage to one of his Companions and by the same Deed releaseth to them in Frankmarriage and makes Livery some think that is a good gift in Frankmarriage for this reason that although one Jointenant cannot infeoffe his Companion yet his Companion and another he may and the Livery made to the other shall vest the Land in both and that is for the advantage of the third as in Gascoigues case 7 H. 6. 3. It was not a surrender for the advantage of the third Nor in 27 H 7. 41. for the advantage of the Husband so it shall not be void here for the advantage of the third person But others think the contrary because the Husband cannot take it immediately from his Companion and for him it is void and good for his Wife As if a man makes a Feoffment to a stranger his own wife if livery be made to the stranger it will operate but to the benefit of the stranger and will be void for the Wife So here it is good for the wife the Release is good for the Husband Further if one Jointenant cannot infeoffe his Companion as it is holden in 10 E. 4. then it will inure severally viz. to his Companion as a Release and to his wife for life for if it be no good Frankmarriage then 't is the Estate for life and so it was resolved between Webb Porter in 24 Eliz. And then they take in Common and severally and no Frankmarriage Grant TEnant in tail holds by a Rent the Donor grants the services nothing passeth for the Rent cannot passe but as a Rent service Lord and Tenant by Rent and Fealty the Lord grants the services of the Tenant saving the fealty Nothing passes by that Grant for the Rent cannot pass but as a Rent service for a Rent Charge or Rent Seck will not pass by those words The same words cannot be a Grant and a Confirmation too If a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged Causa qua supra If the Lord marries the Tenant or by any means hath as high an Estate in the Tenancy as he hath in the Seignory he cannot grant the Seignory over If the Tenant be in Ward or disclaims the Lord may grant over the Seignory But if the Tenant be Tenant for life of the Seignory and the Seignory is granted to him in Fee he cannot grant it over for he never had possession of it But if he had possession and it is suspended by taking an Estate for life yet he may grant it over If the Parson and Ordinary grant a Rent Charge to the Patron the Successor shall avoid it for the Assent of the Patron ought to be expresse where the Successor shall be bound But if they had all granted it to A. who had granted it to the Patron that had been good If a Rent be granted for life and by another Deed it is granted that it shall be lawfull for the Grantee and his Heirs to distrain for the same Rent it must be a Rent of the same value for the Rent determins by his death So if the King grants to the Mayor and Commonalty of D. the same Liberties which the Mayor c. of L. hath It shall be intended such Liberties A. makes a Lease for life reserving the first four years a Rose and after a yearly Rent of twenty shillings the Lessor grants the twenty shillings to commence after the end of the four years the Grant is void for it is all but one Rent and then if the Grant should be good the Grantor should have a term in the Rose for four years whereas before it was a Freehold and then it is no more but that a man hath a Rent in Fee and grants it after four years that Grant is void otherwise of a Rent created de Novo 8 H. 7. 3. A. seised of a Rent in Fee grants it to one for twenty years from the time of the Atturnment of the Tenant and dies the Tenant Atturns if this be a good Grant Quaere Gavel kind A Lord in Gavel kind hath two Sons the Tenant aliens in Mortmain the Lord dies the eldest Son enters into both parts the Seignory shall descend as the Tenancy But now the Land admitting a Licence had been obtained being aliened in Mortmain the Custom is extinct A. seised of Gavel kind Land is impleaded and vouches the Vouchee enters into Warranty the Tenant dies having two Sons if the Eldest alone shall sue Execution Quaere Habendum A Rent is granted to two Habendum to the one until he be married and to the other until he is advanced to ten pounds per annum Quaere if they be Tenants in Common or Jointenants and when one performs the Condition if the other shall have all So if a Rent is granted to two Habendum to the one for his life and to the other for his life if they be Tenants in Common Vide Baron Fem. Harriot A Fem Lessee for life by the Custome of a Mannor marries by license the Husband dies the Lord shall not have a Harriot for there is no change of his Tenant So if Land be let to Husband and Wife for their lives and the Husband dies the Lord shall not have Harriot for the same reason If a Fem lessee for life marries and she dies the Lord shall not have a Harriot for she had no Chattles And the Custome may be reasonable if in such case the Husband dies where the Wife is seised that he shall pay a Harriot for if the Wife dies there is none due If the Tenant devises all his Goods yet the Lord shall have his Harriot for the devise takes effect after the death If a man hath two Horses at the time of his death one is a young one and the other worth forty shillings and the Lord doth not seise until two years after the death of the Tenant and the youngest becomes worth five pounds the Lord shall not have him for he had a property presently by the death of the Tenant in the other A Cow hath three Calves before the seisure of the Lord the Lord may seise them with the Cow Quaere Husband and Wife and the Son purchase to them and to the Heirs of the body of the Son begotten the Husband dies the Lord shall not have a Harriot 24 E. 3. Husband and Wife purchase land to them and to the Heirs of the Husband who dies the Lord shall not have a Harriot Heir A Rent is
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 collateral1 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 Eldest 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 tall 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 apporcionment 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 Releafe made to him that escapes Possession IF the Tenant dies without Heir the Law casts the possession of the Tenancy upon the Lord before Entry but if the Tenant is attainted of Felony he
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 Quant 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 theDonee 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 Essc 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
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 Esorowle 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 devisethat 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 and her Husband If A. infeoffes his Wife and a Stranger it
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 â—reach 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 theAncestor 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 Aere 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. forall 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 thePartition 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 thatshall 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 Descent if the Eldest had died first as she did then if the youngest dies without Issue
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 paret 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 Tenaney 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 reseaseth 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 Charge and the disseisee releaseth to one he shall hold it discharged for the Grant of the