Plowden's quaeries, or, A moot-book of choice cases useful for the young students of the common law / englished, methodized, and enlarged by H.B.
         Plowden, Edmund, 1518-1585.
      
       
         
           1662
        
      
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         Images scanned from microfilm: (Early English books, 1641-1700 ; 1292:9)
      
       
         
           
             Plowden's quaeries, or, A moot-book of choice cases useful for the young students of the common law / englished, methodized, and enlarged by H.B.
             Plowden, Edmund, 1518-1585.
             H. B., Esquire of Lincolns-Inne.
          
           [14], 304 p.
           
             Printed for Ch. Adams, J. Starkey, and Tho. Basset,
             London :
             1662.
          
           
             Reproduction of original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Law -- Great Britain.
           Common law -- Great Britain.
        
      
    
     
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           PLOVVDENS
           Quaeries
           :
           OR
           ,
           A
           Moot-Book
           Of
           Choice
           Cases
           ,
           useful
           For
           the
           Young
           Students
           OF
           THE
           Common
           Law
           :
           Englished
           ,
           Methodized
           ,
           and
           Enlarged
           ,
        
         
           By
           
             H.
             B.
          
           Esquire
           of
           Lincolns-Inne
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Ch.
             Adams
             ,
             J.
             Starkey
          
           ,
           and
           
             Tho.
             Basset
          
           ,
           at
           their
           shops
           in
           
             Fleet
             street
          
           .
           1662.
           
        
      
       
         
         
         
           To
           the
           Reader
           .
        
         
           THIS
           Piece
           which
           now
           entertains
           your
           Eie
           ,
           was
           originally
           (
           if
           I
           may
           so
           term
           it
           )
           a
           Rhapsody
           of
           Cases
           ,
           wherein
           the
           Author
           did
           not
           so
           much
           consult
           his
           Method
           ,
           as
           the
           choice
           of
           his
           Matter
           :
           for
           as
           they
           proceeded
           from
           his
           hand
           they
           had
           no
           Coherence
           amongst
           themselves
           ,
           except
           such
           as
           were
           voucht
           to
           warrant
           the
           Reasons
           of
           others
           :
           and
           most
           of
           them
           too
           more
           naturally
           referring
           to
           their
           own
           proper
           Heads
           and
           
           Divisions
           ,
           under
           which
           it
           was
           necessary
           to
           reduce
           them
           ,
           according
           to
           that
           form
           I
           had
           propounded
           to
           my self
           .
           So
           that
           it
           was
           not
           difficult
           to
           presage
           how
           great
           a
           Trouble
           must
           be
           encountred
           in
           the
           Attempt
           to
           contrive
           so
           great
           a
           Confusion
           into
           any
           considerable
           Order
           .
           But
           imagining
           the
           effects
           of
           my
           labour
           might
           reward
           my
           pains
           ,
           I
           was
           easily
           prompted
           to
           undertake
           it
           for
           my
           own
           private
           accomodation
           ,
           and
           not
           out
           of
           any
           vain
           glorious
           design
           to
           obtrude
           it
           upon
           the
           world
           ;
           for
           it
           is
           very
           well
           known
           I
           opposed
           a
           three
           years
           importunity
           to
           render
           it
           publick
           ;
           yet
           
             in
             fine
          
           considering
           that
           my
           own
           Reputation
           stood
           responsible
           no
           further
           ,
           than
           for
           
           giving
           it
           this
           shape
           into
           which
           you
           now
           see
           it
           form'd
           ,
           I
           thought
           I
           might
           with
           the
           greater
           freedom
           comply
           with
           the
           desires
           of
           those
           who
           so
           long
           ,
           and
           so
           earnestly
           ,
           had
           invited
           it
           to
           the
           Press
           .
        
         
           For
           the
           work
           it self
           ,
           it
           hath
           gained
           a
           very
           fair
           reputation
           ;
           For
           I
           know
           no
           book
           that
           depends
           meerly
           upon
           the
           strength
           of
           its
           own
           reason
           as
           this
           doth
           ,
           that
           ever
           was
           entertained
           with
           so
           great
           an
           esteem
           as
           this
           hath
           been
           by
           all
           persons
           that
           pretend
           to
           the
           knowledge
           of
           the
           Law.
           But
           the
           most
           signal
           mark
           of
           its
           worth
           was
           set
           upon
           it
           by
           that
           person
           who
           in
           the
           Fabrick
           of
           those
           everlasting
           Monuments
           of
           his
           Fame
           ,
           his
           Reports
           and
           
           Institutes
           hath
           vouchsafed
           to
           honour
           this
           Treatise
           so
           far
           as
           to
           make
           himself
           indebted
           to
           it
           for
           many
           of
           his
           Materials
           ,
           as
           will
           be
           obvious
           and
           visible
           to
           any
           mans
           observation
           that
           hath
           the
           least
           acquaintance
           with
           them
           .
        
         
           You
           will
           find
           upon
           a
           serious
           perusall
           ,
           that
           few
           of
           the
           Cases
           herein
           contained
           are
           any
           where
           else
           to
           be
           found
           ,
           unlesse
           they
           were
           borrowed
           from
           hence
           .
           That
           the
           Author
           was
           a
           person
           of
           a
           most
           refined
           Theory
           :
           And
           that
           the
           work
           it self
           is
           a
           Systeme
           of
           the
           sublimest
           speculations
           in
           the
           Law
           ;
           wherein
           there
           is
           nothing
           Vulgar
           ,
           Trite
           ,
           or
           usuall
           ,
           and
           yet
           every
           thing
           usefull
           .
           You
           will
           perceive
           that
           
           in
           the
           Cases
           that
           are
           controverted
           ,
           as
           some
           of
           them
           be
           ,
           the
           Arguments
           on
           both
           sides
           are
           derived
           from
           such
           apt
           and
           natural
           Topicks
           ,
           and
           the
           Contest
           managed
           with
           so
           even
           and
           equall
           a
           strength
           of
           Reason
           ,
           that
           it
           is
           often
           left
           a
           measuring
           cast
           .
        
         
           Besides
           the
           Generall
           Benefit
           ,
           this
           Piece
           will
           oblige
           the
           Students
           of
           the
           Law
           with
           a
           more
           particular
           Advantage
           ;
           for
           out
           of
           it
           they
           may
           furnish
           themselves
           ,
           not
           onely
           with
           Quaeres
           and
           
             Moot
             Points
          
           for
           their
           Exercises
           in
           their
           respective
           Societies
           ,
           the
           want
           whoreof
           is
           so
           generally
           lamented
           ;
           but
           they
           will
           also
           find
           many
           of
           these
           Problemes
           debated
           
           upon
           either
           side
           .
           So
           that
           they
           are
           not
           onely
           accommodated
           with
           Subjects
           for
           their
           quarrels
           ;
           but
           are
           also
           arm'd
           with
           weapons
           both
           offensive
           and
           defensive
           .
        
         
           It
           would
           too
           much
           resemble
           flattery
           for
           any
           man
           to
           assert
           the
           infallibility
           of
           his
           Treatise
           in
           every
           particular
           .
           It
           is
           a
           prerogative
           to
           which
           few
           books
           in
           the
           Law
           ,
           I
           had
           almost
           said
           none
           ,
           ever
           arrived
           ;
           For
           Littleton
           who
           no
           doubt
           ,
           as
           he
           writ
           in
           the
           quality
           of
           a
           Father
           ,
           was
           most
           accurate
           in
           his
           Composition
           ,
           lest
           the
           Judgement
           of
           his
           Son
           might
           derive
           a
           blot
           from
           his
           own
           pen.
           And
           notwithstanding
           the
           work
           is
           considered
           
           as
           the
           most
           accomplished
           piece
           of
           that
           nature
           that
           was
           ever
           yet
           extant
           ,
           and
           his
           honourable
           Interpreter
           makes
           his
           name
           and
           the
           Law
           Equivocall
           ;
           Yet
           he
           himself
           shuts
           up
           that
           Discourse
           with
           so
           modest
           an
           Epiphonema
           ,
           that
           it
           plainly
           implies
           his
           own
           esteem
           of
           it
           was
           very
           different
           from
           that
           which
           the
           World
           hath
           since
           bestowed
           upon
           it
           :
           And
           the
           same
           Learned
           Commentator
           ,
           although
           he
           was
           sufficiently
           positive
           and
           peremptory
           in
           vindicating
           the
           Authority
           of
           his
           Author
           :
           yet
           when
           he
           comes
           to
           reflect
           upon
           his
           own
           Labours
           ,
           he
           is
           found
           to
           make
           use
           of
           the
           same
           Epilogue
           for
           those
           Truths
           which
           
           depend
           meerly
           upon
           Fancie
           and
           Opinion
           ,
           without
           the
           assistance
           of
           any
           known
           Principle
           to
           support
           them
           ,
           as
           many
           Cases
           in
           the
           Law
           do
           ;
           have
           a
           certain
           fatal
           period
           beyond
           which
           they
           seldom
           survive
           :
           and
           from
           hence
           it
           is
           ,
           that
           what
           was
           reason
           an
           Age
           since
           ceaseth
           to
           be
           so
           now
           :
           And
           some
           Decisions
           have
           a
           shorter
           Date
           ;
           for
           the
           Judgements
           that
           are
           given
           in
           one
           Court
           ,
           and
           that
           too
           upon
           the
           most
           solemn
           Debates
           ,
           are
           often
           times
           Reverst
           in
           another
           before
           the
           breath
           is
           cold
           that
           pronounced
           them
           :
           For
           when
           the
           Determination
           of
           a
           case
           must
           be
           fetcht
           out
           of
           its
           self
           ,
           there
           is
           nothing
           so
           uncertain
           and
           mutable
           as
           the
           Conclusions
           
           that
           are
           made
           thereupon
           .
           And
           thus
           it
           fares
           with
           many
           of
           these
           cases
           ,
           being
           govern'd
           by
           some
           particular
           circumstance
           which
           leads
           them
           out
           of
           the
           common
           Road
           ,
           and
           distinguisheth
           them
           from
           others
           .
           So
           that
           when
           I
           consider
           the
           Niceties
           that
           are
           contained
           in
           it
           ,
           and
           how
           critically
           they
           are
           decided
           ,
           I
           cannot
           but
           admire
           so
           many
           of
           them
           are
           reputed
           for
           Law.
           I
           confesse
           you
           will
           meet
           with
           some
           passages
           that
           are
           not
           agreeable
           to
           the
           received
           opinions
           of
           this
           Age
           ,
           but
           most
           that
           are
           ,
           which
           puts
           me
           in
           mind
           of
           a
           Character
           that
           was
           given
           it
           by
           an
           ingenuous
           and
           intelligent
           person
           in
           the
           Law
           ,
           That
           there
           are
           in
           it
           
             multa
             
             falsa
             ,
             plura
             vera
             ,
             plurima
             ingeniosa
             .
          
        
         
           To
           conclude
           ,
           although
           my
           particular
           Interest
           in
           this
           piece
           be
           so
           inconsiderable
           ,
           that
           I
           cannot
           rationally
           affect
           any
           reputation
           by
           it
           :
           Yet
           if
           there
           be
           any
           thing
           that
           relates
           to
           my
           own
           endeavours
           that
           may
           accidentally
           purchase
           a
           generous
           reception
           from
           any
           ingenuous
           spirit
           ,
           it
           shall
           be
           an
           ample
           compensation
           for
           the
           labour
           and
           pains
           that
           have
           been
           bestowed
           upon
           it
           .
        
         
           Farewell
           .
        
      
       
         
           Errata
           .
        
         
           Pag.
           2.
           l.
           23.
           after
           life
           add
           the
           remainder
           for
           life
           .
           p.
           25.
           
           I.
           12.
           r.
           parol
           .
           l.
           32.
           add
           for
           .
           p.
           70.
           l.
           14.
           dele
           not
           .
           p.
           75.
           l.
           10.
           r.
           pur
           auter
           vye
           .
           l.
           16.
           r.
           pur
           .
           p.
           77.
           l.
           26.
           for
           confirmation
           r.
           freehold
           ,
           p.
           85.
           l.
           12.
           r.
           did
           .
           p.
           99.
           l.
           5.
           r.
           his
           p.
           122.
           l.
           21.
           r.
           estovers
           .
           141.
           l.
           6.
           r.
           acre
           .
           p.
           160.
           l.
           12.
           r.
           by
           .
           p.
           171.
           l.
           9.
           r.
           some
           think
           .
           p.
           185.
           23.
           dele
           If.
           l.
           24.
           for
           heard
           r.
           hard
           .
           p.
           23.
           l.
           7.
           for
           deluge
           r.
           delayd
           .
           p.
           230.
           l.
           18.
           for
           suing
           r.
           saving
           .
           p.
           232.
           l.
           7.
           r.
           vested
           .
           p.
           89.
           for
           Disablement
           r.
           Disability
           .
        
      
       
         
         
           An
           Alphabeticall
           Table
           of
           all
           the
           Principal
           Heads
           contained
           in
           this
           Book
           .
        
         
           
             
               A
            
             
               
                  
              
               
                 Pag.
                 
              
            
             
               
                 ABsence
                 .
              
               
                 1
              
            
             
               
                 Acceptance
              
               
                 ib.
                 
              
            
             
               
                 Administrator
                 .
              
               
                 4
              
            
             
               
                 Advantage
                 .
              
               
                 5
              
            
             
               
                 Agreement
                 .
              
               
                 6
              
            
             
               
                 Aid
                 .
              
               
                 7
              
            
             
               
                 Alien
                 .
              
               
                 ibid.
                 
              
            
             
               
                 Annuity
                 .
              
               
                 9
              
            
             
               
                 Appendant
                 .
              
               
                 10
              
            
             
               
                 Apporcionment
                 .
              
               
                 11
              
            
             
               
                 Arrerages
                 .
              
               
                 16
              
            
             
               
                 Assent
                 .
              
               
                 ibid.
                 
              
            
             
               
                 Assetts
                 .
              
               
                 17
              
            
             
               
                 Assignee
                 .
              
               
                 18
              
            
             
               
                 Attainder
                 .
              
               
                 19
              
            
             
               
                 Atturnment
                 .
              
               
                 24
              
            
             
               
                 Avoid
                 .
              
               
                 29
              
            
             
               
                 Avowry
                 .
              
               
                 31
              
            
             
               
                 Authority
                 .
              
               
                 33
              
            
          
        
         
           
             
               B
            
             
               
                 BArr
                 .
              
               
                 34
              
            
             
               
                 Bargain
                 and
                 Sale.
                 
              
               
                 ibid.
                 
              
            
             
               
                 Baron
                 &
                 Fem.
                 
              
               
                 35
              
            
             
               
                 Bastard
                 .
              
               
                 44
              
            
             
               
                 BonaFelonnm
                 ,
                 &c.
                 
              
               
                 51
              
            
             
               
                 Borough
                 English
                 .
              
               
                 ibid.
                 
              
            
          
        
         
           
             
               C
            
             
               
                 CHarge
                 .
              
               
                 52
              
            
             
               
                 Claim
                 .
              
               
                 57
              
            
             
               
                 Capacity
                 .
              
               
                 59
              
            
             
               
                 Cessavit
                 .
              
               
                 ibid.
                 
              
            
             
               
                 
                 Cessante
                 causa
                 ,
                 &c.
                 
              
               
                 60
              
            
             
               
                 Common
                 ,
                 vide
                 Apporcionment
                 .
              
               
                  
              
            
             
               
                 Condition
              
               
                 61
              
            
             
               
                 Confirmation
              
               
                 72
              
            
             
               
                 Continuall
                 Claim
                 .
              
               
                 78
              
            
             
               
                 Covenant
                 ,
                 
                 videVse
                 .
              
               
                  
              
            
          
        
         
           
             
               D
            
             
               
                 DAmages
              
               
                 80
              
            
             
               
                 Daughter
              
               
                 ib.
                 
              
            
             
               
                 Deed
              
               
                 82
              
            
             
               
                 Debt
                 .
              
               
                 84
              
            
             
               
                 Devastavit
                 ,
                 vide
                 Executor
                 .
              
               
                  
              
            
             
               
                 Devise
              
               
                 86
              
            
             
               
                 Disablement
                 .
              
               
                 89
              
            
             
               
                 Disagreement
              
               
                 90
              
            
             
               
                 Discharge
              
               
                 91
              
            
             
               
                 Dissent
              
               
                 94
              
            
             
               
                 Discontinuance
              
               
                 97
              
            
             
               
                 Disceisor
              
               
                 100
              
            
             
               
                 Divorce
              
               
                 102
              
            
             
               
                 Dower
                 .
              
               
                 104
              
            
          
        
         
           
             
               E
            
             
               
                 ELection
              
               
                 112
              
            
             
               
                 Emblements
                 .
              
               
                 116
              
            
             
               
                 Entry
              
               
                 117
              
            
             
               
                 Escheat
              
               
                 119
              
            
             
               
                 Estate
              
               
                 120
              
            
             
               
                 Estoppple
              
               
                 121
              
            
             
               
                 Estovers
              
               
                 122
              
            
             
               
                 Exchange
              
               
                 123
              
            
             
               
                 Execution
              
               
                 124
              
            
             
               
                 Executors
                 .
              
               
                 126
              
            
             
               
                 Extinguishment
              
               
                 131
              
            
          
        
         
           
             
               F
            
             
               
                 FEoffment
              
               
                 132
              
            
             
               
                 Fem
                 Covert
              
               
                 134
              
            
             
               
                 Fem
                 Sole
              
               
                 135
              
            
             
               
                 Fine
              
               
                 ibid.
                 
              
            
             
               
                 Forfeiture
              
               
                 136
              
            
             
               
                 Frankmarriage
                 .
              
               
                 138
              
            
          
        
         
           
             
             
               G
            
             
               
                 GRant
              
               
                 139
              
            
             
               
                 Gavel
                 kind
                 .
              
               
                 141
              
            
          
        
         
           
             
               H
            
             
               
                 HAbendum
              
               
                 142
              
            
             
               
                 Harriot
              
               
                 ibid.
                 
              
            
             
               
                 Heir
              
               
                 144
              
            
          
        
         
           
             
               I
            
             
               
                 INcertainty
              
               
                 148
              
            
             
               
                 Infant
              
               
                 149
              
            
             
               
                 Joinder
                 in
                 Action
              
               
                 152
              
            
             
               
                 Jointenants
              
               
                 156
              
            
             
               
                 Judgement
              
               
                 161
              
            
          
        
         
           
             
               L
            
             
               
                 LEease
              
               
                 161
              
            
             
               
                 Limitation
              
               
                 166
              
            
             
               
                 Livexyy
                 &
                 seisin
              
               
                 169
              
            
          
        
         
           
             
               M
            
             
               
                 Market
                 overt
              
               
                 171
              
            
          
        
         
           
             
               N
            
             
               
                 Nusance
              
               
                 172
              
            
          
        
         
           
             
               O
            
             
               
                 OBligation
              
               
                 172
              
            
             
               
                 Occupant
              
               
                 173
              
            
             
               
                 Outlawry
              
               
                 174
              
            
          
        
         
           
             
               P
            
             
               
                 PArceners
                 &
                 Partition
              
               
                 175
              
            
             
               
                 Particeps
                 Criminis
              
               
                 182
              
            
             
               
                 Payment
              
               
                 184
              
            
             
               
                 Place
              
               
                 ibid.
                 
              
            
             
               
                 Pleas
              
               
                 ibid.
                 
              
            
             
               
                 Possession
              
               
                 185
              
            
             
               
                 
                 Possessio
                 Fratris
                 .
              
               
                 186
              
            
          
        
         
           
             
               Q
            
             
               
                 Quaere
                 Impedit
              
               
                 188
              
            
          
        
         
           
             
               R
            
             
               
                 REcognizance
                 ,
                 vide
                 statute
                 .
              
               
                  
              
            
             
               
                 Record
              
               
                 189
              
            
             
               
                 Relation
              
               
                 ibid.
                 
              
            
             
               
                 Release
              
               
                 190
              
            
             
               
                 Remainder
              
               
                 217
              
            
             
               
                 Remitter
              
               
                 220
              
            
             
               
                 Rent
              
               
                 227
              
            
             
               
                 Reservation
              
               
                 25
              
            
             
               
                 Reversion
              
               
                 253
              
            
             
               
                 Reviver
              
               
                 257
              
            
          
        
         
           
             
               S
            
             
               
                 SEisin
              
               
                 260
              
            
             
               
                 Severance
                 of
                 the
                 Jointure
              
               
                 ibid.
                 
              
            
             
               
                 Statutes
              
               
                 ibid.
                 
              
            
             
               
                 Surrender
              
               
                 263
              
            
          
        
         
           
             
               T
            
             
               
                 TAil
              
               
                 264
              
            
             
               
                 Tenants
                 in
                 Common
              
               
                 269
              
            
             
               
                 Tenant
                 by
                 the
                 Curtesie
              
               
                 272
              
            
             
               
                 Tenures
              
               
                 274
              
            
             
               
                 Testament
              
               
                 281
              
            
          
        
         
           
             
               V
            
             
               
                 VIllain
              
               
                 281
              
            
             
               
                 Voucher
              
               
                 285
              
            
          
        
         
           
             
               W
            
             
               
                 WAst
                 .
              
               
                 292
              
            
             
               
                 Warranty
                 .
              
               
                 295
              
            
          
        
      
    
     
       
         
         
           
        
         
           
             Absence
             .
          
           
             IF
             one
             in
             the
             absence
             of
             
               I.
               S.
            
             disseiseth
             another
             to
             his
             use
             ,
             or
             in
             his
             absence
             surrenders
             to
             his
             Steward
             ,
             or
             gives
             goods
             to
             him
             in
             his
             absence
             ;
             his
             subsequent
             agreement
             will
             make
             all
             good
             .
             But
             a
             disagreement
             cannot
             be
             in
             his
             absence
             .
          
        
         
           
             Acceptance
             .
          
           
             TEnant
             in
             tail
             grants
             a
             Rent-charge
             in
             Fee
             ,
             and
             then
             makes
             a
             Lease
             for
             forty
             years
             rendring
             a
             Rent
             ,
             and
             dies
             .
             The
             Issue
             ,
             after
             his
             death
             ,
             accepts
             the
             Rent
             ;
             the
             Grantee
             shall
             have
             the
             Rent
             during
             the
             Lease
             ,
             and
             also
             during
             the
             life
             of
             the
             Issue
             ;
             though
             the
             Lessee
             surrenders
             Q.
             for
             the
             Reversion
             is
             discharged
             .
          
           
             A.
             makes
             a
             Lease
             for
             life
             ,
             rendring
             a
             Rent
             ,
             with
             a
             clause
             of
             re-entry
             ;
             after
             he
             has
             title
             of
             entry
             he
             accepts
             the
             Rent
             :
             now
             he
             cannot
             enter
             for
             the
             condition
             
             broken
             ;
             for
             ,
             when
             he
             accepted
             the
             Rent
             ,
             he
             did
             not
             receive
             it
             as
             a
             debt
             ;
             (
             for
             an
             Action
             of
             Debt
             would
             not
             lie
             in
             that
             case
             )
             but
             as
             a
             Rent
             .
             And
             it
             cannot
             be
             a
             Rent
             unless
             the
             Lease
             continues
             .
             So
             if
             a
             Woman
             ,
             Issue
             in
             tail
             ,
             or
             an
             Infant
             accept
             a
             Rent
             reserved
             by
             the
             Husbund
             ,
             &c.
             
             But
             in
             the
             principal
             case
             ,
             if
             the
             Lease
             had
             been
             for
             years
             ,
             there
             the
             Rent
             is
             said
             to
             be
             a
             Debt
             during
             the
             Lease
             as
             well
             as
             after
             .
          
           
             A
             
               Fem
               sole
            
             ,
             being
             Lessee
             for
             life
             ,
             takes
             Husband
             ,
             then
             they
             make
             a
             Lease
             to
             I.
             for
             his
             life
             ,
             rendring
             a
             Rent
             ;
             the
             Husband
             dies
             ,
             the
             Wife
             accepts
             the
             Rent
             in
             Pais
             ;
             the
             Lessor
             may
             enter
             ,
             and
             she
             is
             barr'd
             of
             her
             
               Cui
               in
               vita
            
             ;
             for
             ,
             by
             her
             acceptance
             she
             hath
             agreed
             to
             the
             forfeiture
             .
          
           
             If
             the
             Issue
             in
             tail
             accepts
             the
             Rent
             ,
             with
             a
             Proviso
             ,
             that
             it
             shall
             not
             be
             prejudicial
             to
             his
             entry
             to
             avoid
             the
             Lease
             ,
             yet
             he
             shall
             never
             defeat
             the
             Lease
             .
          
           
             The
             Husband
             and
             Wife
             make
             a
             Lease
             for
             life
             ,
             reserving
             a
             Rent
             ;
             the
             Husband
             dies
             ,
             the
             Wife
             accepts
             the
             Rent
             from
             the
             Lessee
             :
             she
             shall
             not
             avoid
             the
             Remainder
             ;
             for
             they
             are
             both
             but
             one
             Estate
             ,
             and
             an
             Agreement
             cannot
             be
             to
             parcel
             of
             an
             estate
             .
             So
             if
             a
             Lease
             be
             made
             to
             two
             by
             Husband
             and
             Wife
             for
             their
             lives
             ,
             rendering
             a
             Rent
             during
             the
             life
             of
             one
             of
             them
             :
             
             If
             the
             Wife
             ,
             after
             the
             death
             of
             her
             Husband
             accepts
             the
             rent
             ,
             she
             shall
             not
             oust
             the
             Survivor
             .
          
           
             The
             Husband
             and
             Wife
             ,
             being
             tenants
             in
             tail
             ,
             the
             Husband
             makes
             a
             Lease
             for
             years
             ,
             reserving
             a
             Rent
             ,
             and
             dies
             ,
             the
             Wife
             dies
             also
             .
             Quaere
             ,
             if
             the
             acceptance
             of
             the
             Rent
             by
             the
             Issue
             will
             make
             the
             Lease
             good
             ?
          
           
             A
             man
             makes
             a
             Feofment
             upon
             condition
             ;
             the
             Feoffee
             makes
             a
             Lease
             for
             life
             ,
             and
             grants
             the
             reversion
             to
             the
             Feoffor
             .
             If
             he
             hath
             cause
             to
             have
             a
             Writ
             of
             Right
             ,
             or
             other
             real
             action
             ,
             he
             cannot
             have
             it
             against
             the
             Lessee
             for
             life
             ;
             for
             the
             Reversion
             is
             in
             him
             by
             his
             own
             acceptance
             .
          
           
             A
             gift
             in
             tail
             is
             made
             to
             the
             Donee
             ,
             and
             the
             Heirs
             males
             of
             his
             Body
             :
             and
             for
             want
             of
             such
             Issue
             ,
             the
             remainder
             to
             him
             and
             the
             Heirs
             females
             of
             his
             body
             ;
             the
             Donee
             makes
             a
             Lease
             for
             years
             ,
             reserving
             a
             rent
             ,
             and
             dies
             without
             Issue
             male
             .
             If
             the
             Heir
             female
             accepts
             the
             rent
             ,
             she
             shall
             be
             bound
             ;
             for
             the
             Lease
             issued
             out
             of
             both
             the
             estates
             .
             But
             if
             the
             Heir
             male
             had
             made
             the
             Lease
             ,
             the
             Heir
             female
             cannot
             make
             it
             good
             by
             acceptance
             .
          
           
             If
             Tenant
             in
             tail
             dies
             ,
             his
             Heir
             within
             age
             ,
             and
             the
             Guardian
             avoids
             it
             during
             
             the
             minority
             ;
             yet
             the
             Heir
             at
             his
             full
             age
             ,
             by
             his
             acceptance
             ,
             may
             affirm
             it
             .
             So
             if
             the
             Wife
             of
             Tenant
             in
             tail
             avoids
             a
             Lease
             by
             a
             Recovery
             in
             Dower
             ;
             yet
             ,
             after
             her
             death
             ,
             if
             the
             Issue
             accepts
             the
             Rent
             ,
             he
             hath
             made
             good
             the
             Lease
             .
          
        
         
           
             Administrator
             .
          
           
             AFter
             the
             death
             of
             the
             Intestate
             ,
             A
             :
             gets
             the
             goods
             ,
             and
             gives
             them
             to
             B
             :
             and
             after
             Letters
             of
             Administration
             are
             granted
             to
             A
             :
             he
             shall
             not
             take
             the
             Goods
             out
             of
             the
             possession
             of
             B
             :
             for
             the
             Law
             saies
             ,
             by
             the
             first
             taking
             the
             Goods
             ,
             he
             had
             them
             to
             the
             use
             of
             the
             Intestate
             ;
             for
             he
             shall
             be
             charged
             as
             Executor
             
               de
               son
               tort
            
             .
             And
             he
             is
             to
             have
             the
             Goods
             in
             the
             same
             capacity
             .
             But
             it
             is
             otherwise
             if
             A
             :
             takes
             the
             goods
             of
             
               B
               :
               tortiously
            
             and
             gives
             them
             to
             C
             :
             and
             then
             B
             :
             makes
             A
             :
             his
             Executor
             .
             But
             in
             the
             principal
             case
             ,
             if
             A
             :
             releaseth
             to
             a
             Debtor
             of
             the
             Intestate
             after
             administration
             committed
             to
             him
             ,
             he
             may
             have
             an
             Action
             ;
             for
             of
             a
             
               chose
               in
               action
            
             a
             man
             cannot
             gain
             a
             possession
             .
             If
             a
             Lease
             is
             made
             to
             begin
             at
             Easter
             ,
             and
             before
             Easter
             A
             :
             grants
             it
             over
             ,
             and
             before
             Easter
             the
             Lessee
             dies
             ,
             and
             A
             :
             takes
             administration
             to
             the
             Lessee
             ,
             and
             grants
             it
             over
             to
             another
             ,
             
             the
             second
             Grantee
             shall
             enjoy
             it
             .
             If
             a
             Rent
             charge
             is
             granted
             for
             years
             ,
             and
             A
             :
             compels
             the
             Tenant
             to
             pay
             it
             to
             him
             ,
             and
             then
             he
             grants
             it
             over
             ,
             and
             takes
             Letters
             of
             Administration
             to
             the
             first
             Grantee
             ,
             he
             shall
             avoid
             his
             own
             Grant
             :
             for
             the
             possession
             which
             he
             had
             usurped
             shall
             not
             be
             esteemed
             the
             possession
             of
             the
             same
             term
             ;
             but
             it
             shall
             be
             said
             a
             voluntary
             payment
             of
             the
             Tenant
             :
             for
             none
             can
             be
             said
             to
             have
             the
             Rent
             but
             he
             that
             had
             right
             to
             it
             .
          
        
         
           
             Advantage
             .
          
           
             THree
             joint-tenants
             ,
             one
             gives
             his
             part
             to
             his
             Daughter
             in
             Frank-marriage
             to
             one
             of
             his
             Companions
             ,
             and
             makes
             Livery
             .
             This
             is
             a
             good
             Frank-marriage
             ;
             for
             ,
             though
             one
             Joynt-tenant
             cannot
             enfeoffe
             another
             ,
             yet
             his
             Companion
             ,
             and
             a
             stranger
             he
             may
             ;
             because
             't
             is
             for
             the
             Advantage
             of
             a
             third
             person
             ;
             and
             the
             Livery
             being
             made
             to
             the
             third
             person
             shall
             vest
             the
             estate
             in
             both
             ,
             7
             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
             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
             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
             Villains
             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
             pay●
             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
             our
             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
             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
             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
             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
             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
             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
               dvoit
               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
               not
               a.
            
             
          
           
             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
               fa●ias
            
             ,
             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
             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
             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
             foe
             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
             Terinor
             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
             ●alsly
             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
             see
             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
             ,
             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
             to
             the
             Executors
             ,
             and
             not
             to
             the
             Heir
             ,
             as
             it
             shall
             be
             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
             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
             he
             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
             fortisied
             ,
             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
             discent
             ,
             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
             discent
             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
             discended
             .
             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
             Enseint
             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
             the
             delivery
             of
             the
             Deed
             before
             Livery
             be
             made
             .
             
             If
             the
             Mannor
             of
             D.
             be
             given
             by
             Deed
             ,
             with
             all
             the
             Woods
             ,
             and
             within
             the
             Deep
             there
             is
             a
             Letter
             of
             Atturny
             ,
             to
             make
             Livery
             ,
             if
             Livery
             be
             not
             made
             ,
             yet
             his
             Executors
             shall
             have
             the
             Wood.
             But
             if
             Livery
             be
             made
             ,
             then
             the
             Wood
             shall
             go
             along
             with
             the
             Land.
             
          
           
             If
             A.
             requires
             another
             ,
             orgives
             him
             authority
             without
             Deed
             ,
             to
             write
             ,
             seal
             ,
             and
             deliver
             a
             Grant
             of
             a
             Rent
             Charge
             out
             of
             the
             Land
             of
             the
             Grantor
             ,
             in
             the
             name
             of
             the
             Grantor
             ,
             which
             is
             done
             ,
             the
             Grant
             is
             good
             ;
             for
             if
             I
             make
             a
             Grant
             ,
             and
             command
             one
             to
             deliver
             it
             ,
             it
             will
             be
             good
             without
             Deed.
             So
             if
             I
             by
             Paroll
             deliver
             it
             him
             as
             an
             Escrowle
             ,
             to
             be
             delivered
             as
             my
             Deed
             ,
             upon
             Condition
             to
             be
             performed
             ,
             that
             is
             good
             ,
             But
             an
             Authority
             to
             make
             Livery
             must
             be
             by
             Deed.
             
          
           
             Neither
             shall
             a
             Woman
             aver
             the
             Assent
             of
             the
             Father
             for
             Dower
             ,
             
               Ex
               Assensu
               patris
            
             ,
             without
             Deed.
             Neither
             can
             the
             Lessor
             Authorize
             the
             Lessee
             to
             commit
             Wast
             without
             Deed.
             
          
           
             If
             an
             Infant
             delivers
             a
             Deed
             which
             bares
             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
             ,
             no
             more
             than
             a
             
               Fem
               Covert
            
             ,
             otherwise
             every
             Infant
             may
             be
             deluded
             .
          
        
         
           
           
             Debt
             .
          
           
             LEssee
             for
             forty
             years
             makes
             a
             Lease
             for
             ten
             years
             ,
             rendring
             a
             Rent
             ,
             the
             first
             Lessee
             surrenders
             ,
             the
             Lessor
             brings
             Debt
             against
             the
             second
             Lessee
             ,
             Quaere
             .
          
           
             A
             man
             shall
             not
             have
             Debt
             for
             Releif
             or
             Escuage
             granted
             unto
             him
             ;
             for
             it
             is
             mixt
             in
             the
             Realty
             ,
             but
             his
             Executors
             shall
             ,
             but
             he
             must
             distrein
             .
             So
             the
             Lord
             shall
             not
             have
             an
             Action
             of
             Debt
             for
             
               Ayd
               pur
               file
               marier
            
             ,
             or
             
               pur
               fair
               fits
               Chivalier
            
             .
             But
             if
             he
             dies
             before
             it
             be
             levied
             ,
             the
             Tenant
             shall
             be
             discharged
             of
             it
             .
          
           
             An
             Action
             of
             Debt
             shall
             not
             be
             brought
             against
             the
             Heir
             ,
             and
             his
             Brother
             in
             
               Borough
               English
            
             ,
             where
             the
             Eldest
             hath
             nothing
             by
             descent
             ,
             as
             it
             shall
             be
             against
             the
             Heirs
             in
             Gavel
             Kind
             ;
             for
             there
             he
             may
             have
             a
             joint
             judgement
             against
             all
             ,
             and
             not
             against
             the
             Eldest
             in
             the
             other
             case
             ,
             for
             he
             hath
             nothing
             upon
             which
             it
             may
             be
             levied
             ,
             
               Quod
               nota
            
             .
          
           
             An
             Action
             of
             Debt
             brought
             by
             Executors
             shall
             be
             in
             the
             Detinet
             only
             ,
             although
             it
             be
             for
             Arrears
             of
             Rent
             incurred
             after
             the
             death
             of
             the
             Testator
             .
             So
             it
             shall
             be
             against
             a
             man
             acccomptable
             to
             the
             Testator
             .
          
           
           
             A
             Seignory
             is
             granted
             for
             years
             ,
             the
             Rent
             is
             Arrear
             ,
             and
             the
             Tenant
             dies
             ,
             the
             years
             expire
             ,
             if
             the
             Grantee
             shall
             have
             an
             an
             Action
             of
             Debt
             against
             the
             Heir
             ,
             because
             it
             was
             due
             in
             the
             time
             of
             his
             Father
             ,
             and
             also
             some
             was
             due
             in
             his
             own
             time
             ,
             or
             if
             he
             shall
             have
             an
             Action
             of
             Debt
             against
             the
             Executors
             ,
             for
             that
             which
             was
             due
             in
             the
             Testators
             life
             time
             ,
             or
             is
             without
             Remedy
             ?
             Some
             say
             that
             the
             Heir
             ,
             shall
             not
             be
             charged
             in
             Debt
             ,
             if
             the
             Father
             die
             ,
             not
             oblige
             himself
             and
             his
             Heirs
             expressely
             ,
             and
             the
             Executors
             shall
             not
             be
             charged
             ,
             for
             they
             were
             not
             chargeable
             by
             the
             death
             of
             the
             Testator
             ,
             for
             at
             that
             time
             the
             Grantee
             could
             not
             have
             an
             Action
             of
             Debt
             ,
             but
             his
             remedy
             was
             by
             distresse
             ;
             for
             then
             the
             years
             were
             not
             expired
             ,
             and
             so
             no
             remedy
             .
             9
             H.
             7.
             17.
             
               a.
               Co.
            
             4.
             49.
             
          
           
             An
             Annuity
             is
             granted
             for
             the
             life
             of
             A.
             the
             Grantee
             releases
             all
             Actions
             of
             Annuity
             ,
             he
             shall
             not
             have
             an
             Action
             of
             Debt
             for
             the
             Arrerages
             ,
             although
             that
             A.
             dies
             afterwards
             .
          
        
         
           
           
             Devastavit
             ,
             
               vide
               Executor
            
             .
             Devise
             .
          
           
             A
             Woman
             hath
             Issue
             a
             Son
             ,
             and
             by
             another
             Husband
             hath
             Issue
             another
             Son
             ,
             the
             second
             Husband
             devises
             Land
             to
             the
             Wife
             for
             life
             ,
             the
             Remainder
             to
             the
             next
             of
             the
             blood
             of
             the
             Wife
             .
             The
             youngest
             Son
             shall
             take
             in
             Remainder
             ,
             although
             it
             be
             true
             that
             one
             is
             not
             nearer
             of
             blood
             to
             the
             Mother
             than
             the
             other
             ,
             and
             the
             Eldest
             is
             of
             the
             most
             worthy
             blood
             ,
             yet
             he
             is
             not
             neerest
             ,
             and
             so
             it
             is
             uncertain
             who
             should
             take
             ,
             according
             to
             the
             letter
             of
             the
             Will
             ,
             yet
             the
             Intent
             (
             which
             is
             always
             to
             be
             considered
             in
             Wills
             )
             shall
             be
             construed
             in
             Favour
             of
             the
             youngest
             ,
             because
             he
             was
             Issue
             of
             the
             Devisor
             ,
             Pasc
             .
             5.
             
             Eliz.
             A
             great
             Case
             was
             argued
             in
             the
             Exchequer
             .
             There
             were
             three
             Brothers
             ,
             the
             second
             brother
             purchased
             Land
             ,
             and
             devised
             it
             to
             his
             Son
             in
             tail
             ,
             and
             if
             he
             died
             without
             Issue
             ,
             that
             then
             it
             should
             remain
             to
             the
             next
             of
             the
             Kindred
             of
             the
             Lineage
             of
             the
             Father
             ,
             the
             Eldest
             Son
             was
             then
             dead
             ,
             having
             a
             Son
             ,
             it
             was
             adjudged
             that
             the
             Son
             of
             the
             Eldest
             should
             have
             the
             Land
             ,
             for
             he
             is
             next
             of
             the
             Lineage
             .
             
             For
             Lineage
             shall
             be
             taken
             in
             a
             Lineall
             descent
             ,
             which
             is
             the
             most
             worthy
             
               Line
               ,
               Dy.
            
             333.
             pl.
             29.
             
             A
             Devise
             to
             the
             next
             of
             Blood
             ,
             the
             Son
             of
             the
             Eldest
             Brother
             shall
             have
             it
             before
             the
             younger
             Brother
             .
          
           
             If
             Land
             be
             devised
             upon
             Condition
             ,
             or
             rendring
             a
             Rent
             ,
             that
             is
             void
             ;
             for
             it
             cannot
             be
             good
             in
             either
             case
             ,
             except
             the
             Reservor
             might
             take
             advantage
             of
             it
             ,
             and
             the
             Heir
             cannot
             have
             that
             which
             his
             Ancestor
             could
             not
             .
             And
             if
             a
             man
             devise
             Land
             with
             Warranty
             ,
             that
             is
             void
             ,
             because
             the
             Father
             was
             not
             bound
             .
             But
             to
             some
             there
             seems
             a
             Diversity
             ;
             for
             in
             the
             last
             case
             there
             is
             a
             Charge
             to
             the
             Heir
             ,
             and
             in
             the
             first
             it
             is
             for
             his
             advantage
             .
          
           
             If
             the
             Lord
             devises
             Land
             to
             his
             Villein
             ,
             this
             is
             an
             Infranchisment
             against
             the
             Heir
             ,
             and
             yet
             he
             was
             the
             Villein
             of
             the
             Heir
             when
             the
             Devise
             took
             Effect
             .
          
           
             A
             man
             having
             three
             Daughters
             ,
             devises
             to
             them●
             hundred
             pound
             a
             piece
             for
             their
             marriage
             Portions
             ,
             and
             if
             any
             of
             them
             die
             before
             their
             Marriage
             ,
             then
             the
             other
             should
             have
             her
             Portion
             by
             Survivor
             ,
             one
             dies
             in
             the
             life
             of
             the
             Father
             ,
             the
             other
             shall
             have
             three
             hundred
             pound
             after
             the
             death
             of
             the
             Father
             ,
             and
             yet
             nothing
             survived
             ,
             
             for
             she
             had
             nothing
             in
             possession
             ,
             yet
             they
             shall
             take
             it
             by
             the
             ,
             intent
             of
             the
             Devisor
             ;
             for
             when
             he
             says
             ,
             that
             if
             any
             of
             them
             die
             before
             their
             Marriage
             ,
             that
             the
             other
             shall
             have
             her
             Portion
             ,
             this
             makes
             it
             in
             nature
             of
             a
             Remainder
             ,
             and
             then
             though
             the
             first
             Devisee
             does
             die
             in
             the
             life
             of
             the
             Testator
             ,
             yet
             he
             in
             Remainder
             shall
             take
             the
             Estate
             
               per
               Manwood
               ,
               Dy.
            
             127.
             
             P.
             59.
             
             As
             a
             Devise
             to
             a
             Monk
             ,
             the
             Remainder
             to
             another
             ,
             the
             Remainder
             is
             good
             .
          
           
             A.
             Devises
             Land
             upon
             Condition
             ,
             and
             if
             the
             Condition
             be
             broke
             ,
             that
             his
             Executors
             shall
             sell
             the
             Land
             ,
             the
             Devise
             as
             to
             the
             Executors
             is
             void
             ;
             for
             the
             Heir
             must
             enter
             for
             the
             Condition
             broken
             ,
             and
             then
             he
             shall
             hold
             it
             discharged
             of
             all
             Conditions
             .
          
           
             
               A.
               Devises
            
             twenty
             pound
             to
             B.
             when
             he
             arrives
             at
             the
             age
             of
             six
             and
             twenty
             years
             ,
             and
             if
             he
             dies
             before
             ,
             he
             Devises
             it
             to
             
               C.
               B.
            
             releases
             to
             the
             Executors
             of
             A.
             before
             he
             attain●
             〈◊〉
             age
             of
             six
             and
             twenty
             years
             ,
             if
             it
             shall
             be
             a
             
               Bar
               ?
               Quaere
            
             .
          
           
             If
             A.
             Devises
             twenty
             pound
             yearly
             for
             twenty
             years
             ,
             the
             Devisee
             hath
             no
             Remedy
             for
             his
             not
             Is●uing
             out
             of
             any
             Land
             ;
             for
             he
             can
             not
             take
             it
             as
             a
             Legacy
             ,
             and
             an
             An●●●●y
             does
             not
             lie
             
             against
             Executors
             ,
             for
             the
             Testator
             was
             never
             charged
             .
          
           
             A
             Jointure
             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
             T●●●●●r
             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
             Estare
             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
             Lcase
             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
             at
             turns
             ,
             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
             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
             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
             ,
             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
             Fa●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
             Disseiso●
             ,
             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
             ●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
             Reversion
             and
             the
             Fee
             are
             Executed
             for
             the
             fourth
             part
             .
          
           
             A
             Gift
             in
             tail
             is
             made
             rendring
             ,
             during
             the
             life
             of
             the
             Donor
             ,
             
               Socage
               tenure
            
             ,
             and
             after
             his
             death
             Knight
             service
             ,
             the
             Wife
             shall
             be
             endowed
             of
             the
             Knights
             service
             .
          
           
             If
             a
             Rent
             be
             granted
             for
             life
             ,
             and
             after
             by
             another
             Deed
             the
             Grantor
             releases
             all
             his
             Right
             in
             the
             Rent
             ,
             and
             if
             it
             be
             behind
             ,
             that
             the
             Grantee
             and
             his
             Heirs
             shall
             distrain
             ,
             the
             Wife
             shall
             not
             be
             endowed
             ;
             for
             it
             is
             still
             but
             a
             Rent
             Seck
             ,
             and
             the
             distress
             a
             Penalty
             ,
             8
             H.
             4.18
             .
          
           
             A
             Disseisor
             having
             a
             Wife
             makes
             a
             Lease
             for
             life
             ,
             the
             Lessee
             makes
             a
             Lease
             to
             the
             Wife
             for
             her
             life
             ,
             the
             Husband
             accepts
             the
             Deed
             ,
             and
             agrees
             to
             it
             ,
             the
             Husband
             dies
             ,
             the
             Wife
             disagrees
             to
             the
             Lease
             ,
             the
             Lessor
             Enters
             against
             
             whom
             she
             brings
             Dower
             .
             It
             is
             cleer
             ,
             if
             a
             Disseisor
             ,
             having
             a
             Wife
             ,
             makes
             a
             Lease
             to
             A.
             for
             life
             ,
             who
             makes
             a
             Lease
             to
             B.
             for
             life
             ,
             and
             the
             Disseisee
             releaseth
             to
             B.
             the
             Wife
             of
             the
             Disseisor
             shall
             be
             endowed
             ;
             for
             the
             Release
             does
             not
             countervail
             an
             Entry
             and
             Feofment
             .
             If
             a
             Disseisor
             be
             Disseised
             ,
             and
             the
             Disseisee
             releaseth
             to
             the
             second
             Disseisor
             ,
             that
             takes
             away
             the
             Dower
             of
             the
             first
             Disseisors
             Wife
             .
             But
             in
             the
             first
             casethe
             Husband
             is
             remitted
             ,
             and
             no
             possession
             in
             the
             Wife
             whereupon
             a
             Release
             may
             operate
             ,
             and
             so
             she
             may
             disagree
             and
             claim
             her
             Dower
             .
          
           
             If
             an
             Estate
             be
             confirmed
             in
             a
             Rent
             Seek
             ,
             and
             if
             it
             be
             behind
             ,
             that
             it
             shall
             be
             lawfull
             for
             him
             and
             his
             Heirs
             to
             distrain
             ,
             the
             Wife
             shall
             not
             have
             Dower
             ;
             for
             it
             is
             stil
             but
             a
             Rent
             Seck
             ,
             and
             the
             Distresse
             but
             a
             penalty
             .
          
           
             Tenant
             in
             tail
             of
             a
             Rent
             discontinues
             it
             with
             Warranty
             ,
             the
             Issue
             having
             a
             Wife
             ,
             is
             barr'd
             in
             a
             Formedon
             by
             the
             Warranty
             and
             Assetts
             ,
             yet
             his
             Wife
             shall
             be
             endowed
             ;
             for
             the
             Grant
             was
             void
             by
             the
             death
             of
             Tenant
             in
             tail
             ,
             and
             the
             Issue
             had
             possession
             in
             Law
             ,
             and
             might
             have
             distrained
             ,
             and
             though
             he
             determined
             his
             Election
             ,
             yet
             it
             shall
             not
             prejudice
             his
             Wife
             .
          
           
             If
             the
             Husband
             disagrees
             to
             a
             Remainder
             ,
             
             the
             Wife
             shall
             not
             be
             endowed
             ,
             otherwise
             to
             a
             Dissent
             .
             If
             a
             Rent
             Charge
             is
             granted
             ,
             the
             Grantee
             dies
             ,
             the
             Heir
             cannot
             prevent
             the
             Wife
             of
             her
             Dower
             by
             bringing
             his
             Writ
             of
             Annuity
             .
          
           
             The
             Son
             endows
             his
             Wise
             
               Ex
               Assensu
               Patris
            
             ,
             the
             Son
             is
             attainted
             .
             If
             she
             shall
             retain
             her
             Dower
             ?
             Some
             think
             she
             shall
             not
             ;
             for
             she
             claims
             from
             the
             Son
             ,
             and
             
               Ne
               unques
               accouple
               in
               loyall
               Matrimony
            
             is
             a
             good
             plea.
             
          
           
             If
             Tenant
             for
             life
             surrrenders
             upon
             Condition
             ,
             and
             the
             Lessor
             marries
             and
             dies
             ,
             the
             Wife
             is
             endowed
             against
             the
             Heir
             ,
             the
             Lessee
             enters
             for
             the
             Condition
             broken
             ,
             the
             Wife
             shall
             not
             have
             the
             Reversion
             ;
             for
             the
             Freehold
             which
             was
             the
             Wives
             Title
             is
             taken
             away
             by
             the
             Entry
             .
             If
             the
             Grandmother
             recovers
             Dower
             against
             the
             Mother
             ,
             she
             hath
             taken
             away
             all
             the
             estate
             of
             the
             Mother
             ;
             for
             she
             comes
             in
             upon
             an
             
               Eigne
               Title
            
             .
             But
             otherwise
             if
             the
             Father
             had
             been
             infeoffed
             .
             So
             if
             the
             Lessor
             disseiseth
             his
             Tenant
             for
             life
             ,
             and
             marries
             ,
             and
             dies
             ,
             and
             the
             Wife
             is
             endowed
             by
             the
             Heir
             ,
             the
             Lessee
             enters
             &c.
             
             And
             if
             Lessee
             for
             life
             had
             died
             before
             the
             Wife
             had
             been
             endowed
             ,
             she
             shall
             not
             be
             ,
             endowed
             ;
             for
             the
             Heir
             was
             Remitted
             ,
             or
             if
             she
             had
             been
             endowed
             ,
             and
             the
             
             Lessee
             had
             died
             ,
             the
             Heir
             shall
             out
             her
             .
             If
             the
             Mother
             recovers
             Dower
             against
             the
             Son
             ,
             &
             the
             Grandmother
             recovers
             Dower
             against
             the
             Mother
             ,
             and
             dies
             ,
             the
             Son
             shal
             enter
             and
             not
             the
             Mother
             .
             But
             if
             the
             Dower
             of
             the
             Mother
             had
             been
             by
             Assignment
             of
             the
             Heir
             ,
             it
             had
             been
             otherwise
             .
             For
             he
             shal
             be
             concluded
             by
             his
             own
             Assignment
             ,
             Quaere
             ?
             For
             some
             think
             the
             Reversion
             is
             not
             taken
             away
             from
             the
             Mother
             in
             
               Casu
               penultimo
            
             .
          
           
             If
             a
             Feoffment
             be
             made
             to
             A.
             to
             the
             use
             of
             B.
             the
             Wife
             of
             A.
             shall
             be
             endowed
             .
          
           
             A.
             marries
             and
             fells
             his
             Land
             ,
             his
             Wife
             arrives
             at
             her
             age
             of
             nine
             years
             ,
             the
             Husband
             dies
             ,
             she
             shall
             be
             endowed
             ;
             though
             the
             Husband
             had
             no
             possession
             when
             she
             was
             nine
             years
             old
             :
             For
             if
             the
             Husband
             aliens
             his
             Land
             ,
             and
             after
             the
             Wife
             is
             attainted
             and
             pardoned
             ,
             the
             Husband
             dies
             ,
             she
             shall
             recover
             her
             Dower
             .
             If
             a
             woman
             Elopes
             ,
             the
             Husband
             aliens
             his
             Land
             ,
             and
             after
             they
             are
             Reconciled
             ,
             she
             shall
             have
             her
             Dower
             ;
             for
             in
             these
             cases
             the
             Title
             of
             Dower
             is
             not
             consummate
             until
             the
             death
             of
             the
             Husband
             .
             But
             if
             a
             man
             marries
             an
             Alien
             ,
             and
             then
             sells
             his
             Land
             ,
             and
             she
             is
             Endenized
             ,
             and
             the
             Husband
             dies
             ,
             she
             shall
             not
             have
             her
             Dower
             .
          
           
           
             If
             a
             Tenancy
             Escheats
             ,
             the
             wife
             of
             the
             Lord
             shall
             not
             be
             endowed
             of
             the
             Seignory
             .
          
           
             A
             woman
             Intitled
             to
             have
             Dower
             ,
             disseiseth
             the
             Tenant
             ,
             and
             she
             is
             disseised
             by
             another
             ,
             to
             whom
             the
             Disseisee
             releaseth
             ,
             she
             shall
             not
             have
             her
             Dower
             ;
             for
             her
             Dower
             was
             suspended
             in
             the
             possession
             of
             the
             Disseisor
             as
             well
             as
             if
             it
             had
             been
             in
             her
             own
             possession
             ;
             for
             the
             Disseisor
             is
             in
             as
             the
             woman
             was
             ,
             and
             though
             her
             Dower
             should
             have
             been
             Revived
             if
             the
             Disseisee
             had
             entred
             ;
             yet
             this
             Release
             doth
             not
             amount
             to
             an
             Entry
             and
             Feoffment
             .
          
           
             If
             Land
             be
             given
             to
             A.
             and
             his
             Heirs
             Males
             as
             long
             as
             he
             hath
             Issue
             Female
             of
             his
             body
             ,
             A.
             dyes
             having
             a
             Daughter
             ,
             the
             Wife
             is
             endowed
             ,
             and
             the
             Daughter
             dies
             without
             Issue
             ,
             the
             wife
             loseth
             her
             Dower
             ;
             for
             there
             is
             a
             difference
             between
             a
             Condition
             in
             Deed
             ,
             and
             in
             Law
             ;
             for
             if
             the
             Issue
             of
             Tenant
             in
             tail
             dies
             without
             Issue
             ;
             yet
             his
             wife
             shall
             keep
             her
             Dower
             ;
             for
             it
             is
             a
             Condition
             in
             Law.
             And
             yet
             if
             an
             Estate
             tail
             be
             made
             upon
             Condition
             ,
             that
             if
             the
             Donee
             dies
             without
             Issue
             ,
             that
             it
             shall
             be
             lawful
             for
             the
             Donor
             to
             re-enter
             ,
             the
             Wife
             of
             the
             Donee
             shall
             not
             lose
             her
             Dower
             ;
             for
             the
             Condition
             does
             not
             take
             effect
             untill
             the
             estate
             be
             
             determined
             by
             the
             Condition
             in
             Law
             ,
             upon
             which
             determination
             she
             is
             endowable
             .
          
           
             A.
             seised
             in
             Fee
             grants
             a
             Rent
             Charge
             ,
             and
             aliens
             ,
             and
             takes
             an
             Estate
             in
             Fee-simple
             ,
             or
             in
             tail
             ,
             and
             dies
             seised
             ,
             the
             Wife
             Recovers
             in
             Dower
             ,
             and
             then
             she
             surmises
             that
             her
             Husband
             died
             seised
             ,
             and
             prays
             a
             Writ
             of
             Enquiry
             of
             Damages
             ,
             14.
             
             H.
             8.
             6.
             
             She
             shall
             hold
             it
             charged
             ;
             for
             she
             hath
             admitted
             her self
             dowable
             of
             the
             second
             Estate
             .
          
           
             A.
             has
             a
             Wife
             ,
             and
             is
             seised
             of
             four
             Acres
             ,
             and
             makes
             a
             Feofment
             of
             three
             of
             the
             Acres
             with
             Warranty
             ,
             and
             dies
             ,
             the
             Wife
             brings
             her
             writ
             of
             Dower
             against
             the
             Feoffee
             ,
             and
             he
             vouches
             the
             Heir
             .
             Now
             if
             the
             Wife
             may
             stop
             the
             Judgement
             ,
             viz.
             That
             she
             shall
             not
             recover
             immediately
             against
             the
             Heir
             is
             the
             question
             ;
             for
             then
             she
             hath
             lost
             her
             Dower
             of
             the
             fourth
             Acre
             ,
             as
             some
             think
             she
             hath
             ,
             because
             it
             was
             her
             own
             folly
             that
             she
             did
             first
             recover
             her
             Dower
             of
             that
             .
          
        
         
           
             Election
             .
          
           
             IF
             a
             Rent
             be
             granted
             in
             Fee
             ,
             and
             the
             Grantee
             grants
             it
             over
             for
             yeares
             ,
             the
             Grantee
             for
             years
             hath
             no
             Remedy
             ,
             if
             it
             be
             denied
             him
             ;
             for
             he
             shall
             
             not
             have
             a
             writ
             of
             Annuity
             ;
             for
             the
             Election
             is
             given
             only
             to
             the
             first
             Grantee
             and
             his
             Heirs
             ,
             and
             the
             Election
             runs
             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
             defear
             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
             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
             Forme●on
             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
             ,
             she
             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
             infeoffe
             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
             in
             a
             Formedon
             and
             dies
             ,
             the
             son
             born
             cannot
             enter
             ,
             or
             have
             Execution
             .
             But
             if
             the
             Issue
             in
             tail
             recovers
             against
             the
             Discontinuee
             ,
             and
             after
             is
             attainted
             of
             Felony
             ,
             his
             Issue
             shall
             enter
             ,
             or
             sue
             Execution
             ,
             for
             he
             is
             privy
             in
             Estate
             .
             Tenant
             in
             tail
             recovers
             in
             value
             by
             Voucher
             of
             the
             donor
             ,
             and
             is
             attainted
             of
             Felony
             ,
             his
             Issue
             shall
             not
             have
             Execution
             .
          
           
             If
             the
             Son
             hath
             the
             Land
             of
             the
             Father
             ,
             and
             of
             another
             in
             Execution
             upon
             a
             Statute
             ,
             and
             the
             Land
             descend
             from
             the
             Father
             to
             the
             Son
             ,
             the
             whole
             Execution
             is
             discharged
             .
          
           
             In
             Judgement
             for
             debt
             the
             party
             shall
             not
             have
             Execution
             ,
             but
             of
             that
             Land
             only
             which
             he
             had
             at
             the
             time
             of
             the
             Judgement
             ,
             and
             not
             at
             the
             time
             
             of
             the
             purchase
             of
             the
             Writ
             .
             But
             in
             debt
             against
             the
             Heir
             ,
             if
             he
             aliens
             hanging
             the
             Writ
             ,
             it
             shall
             be
             liable
             to
             the
             Execution
             ,
             although
             the
             alienation
             was
             before
             the
             judgement
             ;
             for
             the
             Action
             was
             conceived
             against
             him
             in
             consideration
             of
             the
             land
             ;
             but
             in
             the
             first
             case
             it
             was
             in
             respect
             of
             the
             person
             .
          
           
             The
             Conisor
             of
             a
             Statute
             is
             in
             Execution
             ,
             and
             his
             Land
             also
             ,
             the
             Conisee
             releases
             to
             him
             all
             debts
             ,
             the
             Execution
             is
             discharged
             by
             this
             Release
             ;
             for
             the
             debt
             was
             in
             being
             ,
             until
             it
             was
             levied
             of
             the
             profits
             ,
             but
             though
             the
             Execution
             be
             discharged
             by
             the
             party
             ,
             yet
             until
             it
             be
             discharged
             in
             fact
             ,
             if
             the
             Goaler
             had
             suffered
             him
             to
             go
             at
             large
             ,
             he
             could
             not
             have
             said
             but
             that
             he
             was
             in
             Execution
             .
          
        
         
           
             Executors
             .
          
           
             IF
             a
             Lease
             for
             years
             be
             made
             ,
             reserving
             a
             Rent
             upon
             Condition
             of
             Re-entry
             for
             not
             payment
             .
             If
             the
             Executor
             breaks
             the
             Condition
             ,
             so
             that
             the
             Lessor
             re-enters
             ,
             it
             is
             a
             Devastavit
             in
             them
             ,
             otherwise
             if
             the
             Condition
             were
             performable
             on
             the
             part
             of
             the
             Lessor
             ,
             
               Br.
               Extinguishment
            
             54.
             for
             every
             voluntary
             act
             of
             the
             Executor
             ,
             
             by
             which
             ,
             the
             Goods
             of
             the
             Testator
             are
             consumed
             without
             any
             benefit
             to
             the
             Testator
             ,
             is
             a
             Devastavit
             .
             But
             if
             an
             Executor
             having
             such
             a
             term
             as
             Executor
             purchaseth
             the
             Reversion
             ,
             that
             is
             not
             a
             Devastavit
             ;
             for
             the
             Term
             ,
             as
             to
             Assetts
             is
             in
             being
             still
             .
             If
             a
             man
             Mortgages
             his
             Term
             and
             dies
             ,
             and
             his
             Executors
             do
             not
             redeem
             it
             ;
             some
             think
             it
             is
             a
             Devastavit
             .
             If
             they
             have
             Assetts
             in
             their
             hands
             wherewith
             to
             redeem
             it
             ,
             and
             the
             Term
             be
             better
             than
             the
             price
             of
             the
             Redemption
             ,
             so
             if
             an
             Executor
             sells
             a
             term
             under
             the
             value
             ,
             by
             which
             the
             Creditors
             lose
             their
             Debts
             ,
             this
             ,
             some
             think
             ,
             is
             a
             Devastavit
             .
             But
             if
             a
             man
             be
             possest
             of
             a
             term
             ,
             and
             devises
             it
             to
             his
             Executors
             to
             be
             sold
             
               Meliori
               modo
               quo
               possunt
            
             for
             payment
             of
             his
             Debts
             ,
             they
             sell
             it
             under
             the
             value
             ,
             that
             is
             no
             Devastavit
             ;
             for
             it
             may
             be
             it
             was
             the
             best
             price
             they
             could
             get
             .
          
           
             If
             Husband
             and
             Wife
             make
             a
             Lease
             of
             the
             Wives
             Land
             ,
             reserving
             a
             Rent
             ,
             the
             Husband
             distreins
             and
             avows
             ,
             and
             has
             a
             Return
             and
             dies
             ,
             the
             Cattle
             are
             discharged
             ;
             for
             the
             Executors
             cannot
             have
             them
             ;
             for
             they
             are
             but
             as
             a
             Pledge
             ,
             and
             being
             the
             Executors
             cannot
             pretend
             any
             Right
             to
             the
             duty
             ,
             they
             cannot
             detain
             the
             Pledge
             ;
             for
             
             the
             Wife
             is
             to
             have
             the
             Duty
             .
             Vide
             33
             H.
             6.
             48.
             
          
           
             If
             a
             Rent
             Charge
             be
             granted
             in
             Fee
             ,
             the
             Grantee
             dies
             without
             Heir
             ,
             the
             Executors
             shall
             not
             have
             an
             Action
             of
             Debt
             for
             the
             Arrerages
             .
             But
             if
             the
             Grantee
             had
             brought
             a
             writ
             of
             Annuity
             ,
             and
             Recovered
             ,
             then
             the
             Executors
             should
             have
             an
             Action
             of
             Debt
             for
             the
             arrerages
             ;
             for
             if
             the
             Inheritance
             of
             a
             Rent
             determins
             ,
             the
             Arrerages
             are
             extinct
             ,
             otherwise
             of
             an
             Annuity
             .
          
           
             If
             a
             Grant
             be
             made
             of
             a
             Robe
             ,
             or
             twenty
             shillings
             ,
             and
             the
             Grantee
             dies
             before
             Election
             ,
             his
             Executors
             cannot
             demand
             the
             Arrears
             .
          
           
             The
             Executors
             of
             a
             Grantee
             for
             years
             of
             a
             Rent
             Charge
             shall
             have
             Election
             ,
             either
             to
             have
             an
             Action
             of
             Debt
             ,
             or
             Annuity
             .
          
           
             If
             a
             man
             be
             bound
             in
             twenty
             pound
             ,
             and
             his
             Executors
             have
             but
             ten
             pound
             ,
             an
             Action
             of
             Debt
             lies
             against
             the
             Heir
             for
             all
             ;
             〈◊〉
             if
             he
             chooseth
             the
             Executor
             he
             cannot
             sue
             the
             Heir
             for
             the
             Remnant
             .
             If
             an
             Obligor
             in
             twenty
             pound
             hath
             Goods
             to
             the
             value
             of
             ten
             pounds
             only
             ,
             and
             makes
             the
             Obligee
             his
             Executor
             ,
             he
             shall
             retain
             that
             as
             parcell
             of
             the
             Duty
             ,
             and
             for
             the
             rest
             bring
             his
             Action
             against
             the
             Heir
             ;
             for
             
             it
             is
             by
             the
             act
             of
             the
             Law
             that
             the
             duty
             is
             apporcioned
             .
          
           
             If
             A.
             by
             Deed
             gives
             the
             Mannor
             of
             D.
             with
             all
             the
             Woods
             to
             B.
             if
             Livery
             be
             not
             made
             ,
             the
             Executors
             shall
             have
             the
             Woods
             .
          
           
             If
             there
             be
             two
             Wills
             ,
             and
             the
             Executor
             of
             the
             last
             refuseth
             before
             the
             Ordinary
             ,
             yet
             the
             first
             is
             revoked
             by
             the
             intent
             of
             the
             Testator
             .
             If
             the
             Executor
             Releases
             a
             duty
             of
             the
             Testator
             ,
             this
             is
             so
             much
             an
             Administration
             ,
             so
             that
             he
             cannot
             after
             refuse
             ,
             but
             yet
             if
             he
             doth
             after
             avoid
             the
             Release
             ,
             he
             may
             refuse
             .
          
           
             A
             Lease
             for
             life
             is
             made
             ,
             rendring
             a
             Rent
             at
             Mich
             :
             and
             the
             Annunc
             :
             the
             Land
             is
             sowen
             at
             Mich
             :
             and
             the
             Lessee
             dies
             ,
             if
             the
             Executors
             shall
             have
             the
             Land
             untill
             the
             Corn
             be
             ripe
             ,
             if
             they
             ought
             to
             pay
             the
             Rent
             ?
             Some
             think
             the
             Lessor
             may
             have
             an
             Action
             upon
             the
             case
             ;
             for
             the
             Executors
             have
             the
             profits
             of
             the
             Land
             ,
             &c.
             and
             no
             fault
             in
             the
             Lessor
             :
             As
             if
             a
             gift
             in
             tail
             be
             made
             ,
             Reserving
             thirty
             Shillings
             ,
             and
             the
             Donee
             dies
             without
             Issue
             and
             the
             Wife
             is
             endowed
             ,
             she
             shall
             pay
             ten
             shilshillings
             ,
             and
             yet
             the
             Estate
             is
             determined
             ,
             but
             she
             claims
             under
             the
             Estate
             of
             the
             Husband
             .
          
           
           
             A
             man
             makes
             a
             Lease
             for
             life
             reserving
             a
             Rent
             ,
             upon
             Condition
             that
             if
             the
             Rent
             be
             behind
             ,
             that
             the
             Lessor
             shall
             enter
             ,
             and
             retain
             untill
             he
             be
             satisfied
             of
             the
             Arrears
             ,
             he
             enters
             and
             dies
             ,
             his
             Executors
             shall
             not
             retain
             ;
             for
             the
             Arrears
             were
             not
             Chattles
             at
             the
             beginning
             ,
             and
             therefore
             they
             shall
             not
             ●etain
             the
             Land
             as
             a
             Gage
             ,
             as
             they
             shall
             do
             for
             the
             double
             value
             ;
             for
             that
             was
             a
             Chattle
             at
             the
             beginning
             .
             But
             in
             the
             first
             case
             the
             Arrears
             are
             given
             to
             the
             Executors
             by
             the
             Statute
             of
             32
             H.
             8.
             
             Yet
             being
             the
             Arrears
             were
             no
             Chattles
             at
             the
             first
             ,
             and
             so
             not
             due
             to
             them
             by
             their
             own
             nature
             ,
             therefore
             they
             shall
             not
             retain
             .
             As
             in
             15
             E.
             4.
             10.
             
             In
             Rescous
             there
             it
             is
             said
             ,
             if
             the
             Defendant
             in
             a
             Replevin
             avows
             for
             a
             Rent
             due
             to
             him
             and
             his
             Wife
             ,
             and
             upon
             that
             he
             hath
             a
             Return
             and
             dies
             ,
             the
             Tenant
             shall
             have
             his
             Cattle
             back
             again
             without
             any
             Agreement
             ,
             because
             the
             Executors
             could
             not
             have
             the
             distresse
             ,
             being
             they
             could
             not
             have
             the
             Rent
             ,
             but
             the
             Wife
             was
             to
             have
             it
             .
          
           
             If
             an
             Executor
             delivers
             a
             Legacy
             upon
             Condition
             ,
             it
             is
             no
             good
             delivery
             .
          
           
             The
             Debtee
             and
             another
             are
             Executors
             to
             the
             Debtor
             :
             the
             Debtee
             recovers
             
             against
             the
             other
             ,
             and
             after
             Administers
             with
             the
             other
             ,
             and
             then
             sues
             Execution
             by
             
               Scire
               facias
            
             :
             If
             the
             other
             shall
             have
             an
             
               Audita
               Querela
            
             ?
             and
             in
             whose
             name
             it
             shall
             be
             sued
             ,
             or
             if
             the
             property
             shall
             be
             altered
             in
             the
             Recoveror
             ?
             or
             if
             Execution
             be
             discharged
             ?
             but
             some
             think
             that
             Execution
             cannot
             be
             stopt
             ,
             but
             the
             Recoveror
             shall
             have
             it
             to
             the
             use
             of
             the
             Testator
             .
          
           
             Vide
             
               Condition
               &
               Debt
            
             .
          
        
         
           
             Extinguishment
             .
          
           
             THe
             Tenant
             holds
             ten
             Acres
             by
             ten
             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
             or
             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
             may
             enter
             into
             the
             Moity
             for
             the
             Forfeiture
             ?
             For
             now
             she
             is
             Tenant
             in
             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
             granted
             to
             commence
             after
             the
             death
             of
             the
             Grantee
             the
             Heir
             shall
             take
             it
             by
             Descent
             .
          
           
             A.
             makes
             a
             Feossment
             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
             inseoffs
             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
             inseoffs
             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
             deseasible
             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
             Infant
             shall
             have
             a
             
               Dum
               fuit
               infra
               aetatem
            
             ;
             for
             he
             demands
             the
             possession
             to
             which
             he
             had
             more
             right
             than
             the
             Disseisee
             had
             .
             As
             if
             the
             Heir
             ,
             who
             is
             in
             by
             Descent
             brings
             an
             Assize
             against
             his
             Disseisor
             ,
             it
             is
             no
             plea
             for
             him
             to
             plead
             the
             Release
             of
             the
             Disseisee
             ,
             
               Causa
               qua
               supra
            
             .
          
           
             If
             a
             Reversion
             be
             granted
             to
             an
             Infant
             ,
             and
             the
             Tenant
             atturns
             at
             his
             full
             age
             ,
             yet
             he
             may
             disagree
             ;
             for
             the
             Grant
             which
             was
             the
             principal
             was
             in
             his
             minority
             .
          
           
             If
             an
             Infant
             makes
             a
             Lease
             to
             commence
             
               in
               futuro
            
             ,
             and
             after
             makes
             a
             Feoffment
             ,
             being
             either
             at
             full
             age
             ,
             or
             under
             age
             ,
             the
             Feoffee
             shall
             not
             avoid
             the
             Lease
             .
          
           
             If
             an
             Infant
             delivers
             a
             Deed
             bearing
             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
             .
          
           
             If
             a
             Fem
             Tenant
             in
             tail
             marries
             an
             Infant
             ,
             who
             aliens
             and
             dies
             ,
             the
             wife
             cannot
             enter
             upon
             the
             Feoffee
             ;
             for
             she
             is
             not
             privy
             in
             blood
             to
             the
             Infant
             ,
             and
             privy
             in
             Estate
             onely
             will
             not
             do
             .
             As
             if
             there
             be
             two
             Jointenants
             ,
             and
             one
             is
             a
             Minor
             and
             they
             are
             disseised
             ,
             and
             a
             Dissent
             cast
             ,
             the
             Infant
             dies
             ,
             the
             Survivor
             cannot
             enter
             as
             the
             Infant
             
             might
             .
             Neither
             shall
             a
             Lord
             by
             Escheat
             or
             Donor
             take
             advantage
             of
             Infancy
             .
             If
             Land
             be
             given
             to
             an
             Infant
             and
             his
             Heirs
             Females
             ,
             and
             he
             hath
             a
             Son
             and
             a
             Daughter
             ,
             and
             aliens
             and
             dies
             ,
             his
             Daughter
             cannot
             enter
             ;
             for
             she
             is
             but
             a
             speciall
             Heir
             ,
             
               Quoad
               hoc
            
             .
             In
             the
             principall
             case
             if
             the
             Wife
             had
             been
             Tenant
             in
             Fee
             simple
             ,
             the
             Heir
             of
             the
             Infant
             shall
             not
             enter
             upon
             his
             alienation
             ,
             as
             Litt.
             says
             ;
             for
             the
             Wife
             had
             the
             Right
             ,
             and
             a
             Title
             of
             Entry
             which
             was
             in
             Right
             cannot
             descend
             to
             the
             Heir
             of
             the
             Husband
             :
             but
             in
             this
             case
             ,
             being
             the
             Husband
             hath
             given
             a
             Fee
             simple
             ,
             and
             had
             but
             an
             Estate
             in
             tail
             ,
             in
             Right
             of
             his
             Wife
             ,
             so
             that
             more
             is
             given
             than
             he
             had
             in
             Right
             of
             his
             wife
             ,
             makes
             this
             case
             more
             doubtfull
             than
             Litts
             .
             but
             yet
             it
             seems
             the
             Heir
             may
             not
             enter
             ;
             for
             he
             cannot
             have
             the
             same
             Estate
             which
             his
             Ancestor
             had
             ,
             and
             the
             Right
             of
             the
             Estate
             tail
             survives
             to
             the
             Wife
             ;
             for
             if
             Land
             be
             given
             to
             an
             Infant
             in
             tail
             ,
             who
             aliens
             and
             dies
             without
             Issue
             ,
             his
             collateral
             Heir
             cannot
             enter
             ;
             for
             the
             Estate
             is
             determined
             which
             the
             Infant
             had
             at
             the
             time
             of
             the
             Gift
             ;
             for
             if
             an
             Infant
             be
             Tenant
             
               Par
               auter
               vye
            
             ,
             and
             aliens
             ,
             and
             
               Cesty
               que
               vye
            
             dies
             ,
             the
             Infant
             himself
             cannot
             enter
             ,
             5
             E.
             4.
             5.
             
             But
             in
             
             the
             principall
             case
             ,
             if
             the
             Infant
             had
             made
             a
             Gift
             in
             tail
             his
             Issue
             might
             have
             entred
             by
             reason
             of
             the
             Reversion
             ,
             but
             otherwise
             where
             no
             Estate
             descends
             to
             the
             Heir
             .
             If
             Tenant
             in
             tail
             to
             him
             and
             his
             Heirs
             Females
             aliens
             and
             dies
             ,
             leaving
             Issue
             a
             Son
             and
             a
             Daughter
             ,
             the
             Son
             shall
             not
             enter
             ,
             no
             more
             shall
             the
             Daughter
             ,
             so
             of
             the
             youngest
             Son
             in
             
               Borough
               English
            
             .
             If
             Tenant
             in
             tail
             infeoffs
             within
             age
             ,
             and
             after
             is
             attainted
             of
             Felony
             ,
             his
             Issue
             shall
             not
             enter
             ,
             for
             he
             is
             Disabled
             in
             blood
             .
          
           
             If
             an
             Infant
             be
             disseised
             ,
             and
             a
             descent
             cast
             during
             non-age
             ,
             and
             after
             he
             comes
             of
             full
             age
             ,
             the
             Heir
             of
             the
             Disseisor
             dies
             before
             his
             Entry
             ;
             the
             Infant
             may
             enter
             ,
             for
             the
             Heir
             was
             never
             possest
             ;
             for
             he
             had
             but
             a
             possession
             in
             Law.
             
          
        
         
           
             Joinder
             in
             Action
             .
          
           
             IF
             two
             Parceners
             dye
             before
             Partition
             ,
             and
             a
             stranger
             abates
             ,
             the
             Issues
             shall
             not
             join
             in
             a
             Mortdancester
             ,
             for
             the
             Stat.
             of
             
               Gloucester
               ca.
            
             17.
             is
             only
             when
             one
             Right
             descends
             to
             divers
             ,
             but
             every
             issue
             claims
             her
             right
             from
             and
             by
             her
             Mother
             ,
             so
             that
             severall
             Rights
             descended
             to
             them
             ,
             and
             so
             out
             of
             the
             Stat.
             and
             is
             as
             it
             was
             at
             the
             
             common
             Law
             ,
             and
             therefore
             if
             Parceners
             are
             disseised
             ,
             their
             issues
             shall
             not
             join
             in
             a
             Writ
             of
             Entry
             ,
             but
             shall
             have
             severall
             Writs
             in
             respect
             of
             their
             severall
             Rights
             ,
             as
             they
             shall
             have
             severall
             Formedons
             .
             If
             one
             hath
             cause
             to
             have
             a
             Writ
             of
             Ayel
             ,
             another
             of
             Besayel
             they
             shall
             not
             join
             ;
             for
             they
             have
             cause
             to
             have
             severall
             Writts
             ;
             But
             where
             one
             is
             intitled
             to
             have
             a
             Writ
             of
             Mortdancester
             ,
             and
             another
             Ayel
             ,
             or
             Besayel
             ,
             there
             they
             shall
             join
             .
             But
             if
             none
             of
             them
             may
             have
             an
             Assize
             ,
             then
             there
             is
             no
             Remedy
             by
             the
             Statute
             ,
             2
             E.
             3.
             34.
             48
             
             E.
             3.
             14.
             24
             
             E.
             3.
             13.
             
          
           
             If
             I
             recover
             in
             an
             Assize
             ,
             and
             after
             I
             am
             disseised
             by
             the
             same
             person
             and
             another
             ,
             I
             shall
             not
             have
             a
             Redisseisin
             ;
             for
             it
             must
             be
             against
             the
             same
             person
             .
             If
             two
             Parceners
             make
             partition
             upon
             Record
             of
             an
             Advowson
             ,
             the
             Eldest
             presents
             first
             ,
             and
             after
             the
             youngest
             ,
             and
             the
             Eldest
             and
             a
             Stranger
             present
             in
             the
             turn
             of
             the
             youngest
             ,
             the
             youngest
             shall
             not
             have
             a
             
               Scire
               facias
            
             against
             them
             ;
             for
             the
             Stat.
             of
             Westm
             .
             2.
             does
             give
             it
             against
             those
             that
             were
             parties
             to
             the
             Record
             ,
             but
             she
             may
             have
             it
             against
             her
             Sister
             :
             But
             in
             the
             first
             case
             a
             Redisseisin
             doth
             not
             lie
             against
             the
             Redisseisor
             ;
             for
             he
             may
             plead
             Jointenancy
             ,
             but
             in
             the
             last
             case
             it
             is
             no
             
             plea
             that
             another
             presented
             with
             her
             ;
             for
             she
             may
             have
             a
             
               Quare
               Impedit
            
             against
             both
             ,
             or
             several
             Actions
             ,
             as
             a
             man
             may
             in
             Trespasse
             made
             by
             two
             .
             So
             if
             the
             Lord
             distrain
             his
             Tenant
             ,
             and
             he
             sues
             a
             Replevin
             ,
             and
             after
             the
             Lord
             distrains
             the
             beast
             of
             a
             stranger
             and
             another
             beast
             of
             his
             Tenant
             ,
             the
             Tenant
             shall
             have
             a
             Recaption
             .
             But
             if
             the
             Lord
             had
             distrained
             again
             the
             beasts
             which
             his
             Tenant
             and
             the
             stranger
             had
             in
             common
             ,
             there
             he
             could
             not
             ,
             because
             for
             the
             last
             distress
             they
             ought
             to
             joyn
             ,
             and
             the
             stranger
             cannot
             join
             in
             the
             Recaption
             .
          
           
             If
             a
             stranger
             makes
             a
             Rescous
             to
             the
             Lord
             ,
             the
             Lord
             shall
             not
             have
             an
             Assize
             against
             him
             alone
             without
             the
             Tenant
             ,
             because
             he
             cannot
             be
             said
             Tenant
             of
             the
             Rent
             ,
             but
             against
             the
             Pernor
             he
             may
             have
             an
             Assize
             only
             .
             And
             if
             there
             be
             Lord
             ,
             Mesne
             ,
             and
             Tenant
             ,
             and
             the
             Tenant
             makes
             Rescous
             to
             the
             Lord
             ,
             ●an
             Assize
             is
             not
             maintainable
             only
             against
             the
             Tenant
             .
             And
             if
             there
             be
             Lord
             ,
             two
             jointenants
             ,
             Mesnes
             ,
             and
             Tenant
             ,
             and
             one
             of
             the
             Mesnes
             ,
             and
             the
             Tenant
             makes
             Rescous
             the
             Lord
             shall
             not
             have
             an
             Assize
             against
             one
             only
             ,
             but
             he
             ought
             to
             name
             both
             the
             Mesnes
             .
          
           
           
             Two
             Fems
             Jointenants
             in
             Fee
             have
             Husbands
             ,
             who
             make
             severall
             Feofments
             of
             their
             Moities
             ,
             and
             die
             ,
             the
             Wives
             shall
             not
             join
             in
             one
             Writ
             of
             Right
             ;
             for
             their
             Right
             was
             discontinued
             at
             several
             times
             .
             So
             if
             one
             Jointenant
             disseiseth
             the
             other
             and
             makes
             a
             Feofment
             within
             Age
             ,
             and
             dies
             ;
             or
             if
             two
             Infants
             Jointenants
             make
             several
             Feofments
             ,
             and
             one
             dies
             ,
             the
             other
             hath
             no
             Remedy
             for
             the
             Moity
             ;
             but
             otherwise
             if
             wrong
             had
             been
             made
             to
             them
             at
             one
             time
             ,
             though
             severall
             wayes
             .
          
           
             If
             there
             be
             issue
             of
             two
             Parceners
             ,
             one
             dies
             ,
             and
             the
             other
             endows
             the
             Wife
             ,
             one
             Action
             shall
             be
             maintained
             against
             both
             ,
             v.
             9
             E.
             4.
             14.
             against
             Tenant
             by
             the
             Curtesie
             ,
             and
             the
             other
             Parcener
             ,
             21
             E.
             3.
             
             A
             
               Scire
               facias
            
             brought
             against
             Tenant
             by
             the
             Curtesie
             ,
             and
             the
             other
             Parcener
             ,
             and
             good
             .
          
           
             Land
             is
             given
             to
             four
             ,
             Habendum
             ,
             one
             Moity
             to
             the
             first
             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
             infeosfs
             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
             ,
             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
             until
             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.
             faith
             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
             ,
             there
             the
             Feoffee
             shall
             have
             the
             Fee
             to
             his
             own
             use
             .
          
           
             If
             a
             man
             makes
             a
             Lease
             for
             life
             to
             the
             use
             of
             A.
             and
             his
             Heirs
             ,
             there
             A.
             bath
             a
             Fee
             determinable
             .
          
           
             Land
             is
             given
             to
             a
             man
             and
             to
             two
             women
             Cousins
             of
             the
             Donor
             in
             Frank-marriage
             ,
             or
             to
             a
             man
             ,
             and
             to
             two
             
             women
             ,
             and
             to
             the
             Heirs
             of
             their
             bodies
             begotten
             ,
             or
             to
             two
             men
             &
             to
             two
             women
             ,
             and
             to
             the
             Heirs
             of
             their
             bodies
             begotten
             ,
             in
             every
             of
             these
             cases
             each
             hath
             an
             Estate
             tail
             in
             one
             part
             ,
             and
             shall
             be
             Jointenants
             of
             the
             Freehold
             ,
             and
             in
             none
             of
             these
             cases
             there
             shall
             be
             a
             speciall
             tail
             .
             So
             Land
             given
             to
             three
             ,
             one
             Moity
             to
             
               Baron
               &
               Fem
            
             in
             Frankmarriage
             ,
             or
             in
             speciall
             tail
             ,
             and
             another
             Moity
             to
             the
             same
             man
             ,
             and
             another
             woman
             in
             speciall
             tail
             ,
             or
             when
             it
             is
             given
             to
             a
             man
             ,
             and
             to
             two
             women
             ,
             or
             two
             men
             and
             two
             women
             ,
             and
             the
             Heirs
             of
             their
             bodies
             ,
             this
             is
             as
             much
             as
             to
             say
             ,
             to
             the
             Heirs
             of
             all
             their
             bodies
             ,
             so
             that
             by
             the
             words
             ,
             the
             Heir
             that
             must
             inherit
             must
             be
             Heir
             of
             all
             their
             bodies
             ,
             which
             is
             impossible
             :
             and
             being
             the
             words
             cannot
             be
             performed
             litterally
             ,
             the
             Law
             will
             make
             the
             best
             Construction
             ,
             and
             make
             them
             severall
             Estates
             tail
             in
             every
             of
             them
             ,
             and
             joint
             Freeholds
             ,
             
               Quod
               nota
            
             .
          
           
             If
             Land
             be
             given
             to
             two
             ,
             to
             the
             one
             for
             life
             ,
             and
             to
             the
             other
             for
             years
             ,
             they
             are
             Tenants
             in
             Common
             .
             But
             if
             a
             Gift
             be
             made
             to
             
               Baron
               &
               Fem
            
             ,
             and
             to
             a
             third
             person
             ,
             that
             is
             ,
             to
             the
             third
             person
             for
             life
             ,
             to
             the
             Husband
             in
             tail
             ,
             and
             to
             the
             Wife
             for
             years
             ,
             if
             the
             third
             
             shall
             take
             the
             moity
             ?
             Quaere
             how
             the
             Husband
             and
             Wife
             shall
             take
             jointly
             ,
             or
             severally
             ,
             or
             how
             much
             severally
             ?
          
           
             If
             Tenant
             for
             life
             makes
             a
             Lease
             for
             life
             ,
             the
             Remainder
             to
             the
             Lessor
             and
             a
             Stranger
             ,
             some
             think
             the
             Stranger
             shall
             take
             all
             ;
             for
             he
             cannot
             give
             a
             Fee
             to
             him
             that
             had
             a
             Fee
             before
             ;
             as
             if
             one
             Jointenant
             infeoffs
             his
             Companion
             and
             a
             Stranger
             ,
             and
             if
             he
             had
             made
             a
             Lease
             
               Pur
               auter
               vye
            
             ,
             the
             Remainder
             
               ut
               supra
            
             ,
             there
             perhaps
             it
             would
             inure
             jointly
             ,
             but
             the
             limitation
             of
             the
             Fee
             here
             works
             by
             wrong
             ,
             and
             it
             is
             better
             for
             the
             Lessor
             that
             the
             Stranger
             takes
             all
             ;
             for
             then
             he
             may
             have
             his
             Action
             for
             all
             .
          
        
         
           
             Livery
             &
             Seisin
             .
          
           
             IF
             a
             man
             makes
             livery
             of
             one
             Acre
             in
             the
             name
             of
             that
             and
             another
             ,
             which
             he
             hath
             for
             life
             in
             tail
             in
             right
             of
             his
             Wife
             ,
             or
             of
             his
             Parsonage
             ,
             or
             Bishoprick
             ,
             all
             pass
             .
             But
             if
             it
             be
             in
             the
             name
             of
             an
             Acre
             ,
             which
             he
             hath
             for
             years
             ,
             or
             as
             Guardian
             ,
             or
             by
             reason
             of
             an
             Execution
             ,
             it
             is
             otherwise
             .
          
           
             If
             a
             man
             makes
             a
             Feofment
             to
             A.
             and
             the
             Mayor
             and
             Commonalty
             of
             London
             ,
             and
             makes
             livery
             to
             one
             in
             the
             name
             of
             both
             ,
             none
             takes
             ,
             but
             him
             that
             took
             the
             livery
             .
          
           
           
             If
             Tenant
             for
             life
             enfeoffs
             the
             Wife
             of
             the
             lessor
             ,
             and
             the
             lessor
             makes
             the
             livery
             ,
             yet
             it
             is
             a
             Forfeiture
             .
          
           
             If
             a
             Feofment
             be
             made
             of
             a
             Mannor
             with
             an
             Advowson
             appendant
             ,
             if
             livery
             be
             not
             made
             the
             Advowson
             will
             not
             passe
             in
             grosse
             by
             the
             delivery
             of
             the
             Deed.
             
          
           
             A
             Disseisee
             cannot
             make
             a
             Letter
             of
             Atturney
             to
             deliver
             seisin
             ,
             for
             he
             hath
             not
             possession
             :
             but
             if
             he
             delivers
             the
             letter
             of
             Atturney
             as
             an
             Escrowl
             ,
             to
             deliver
             seisin
             after
             his
             Entry
             ,
             it
             may
             be
             good
             .
             If
             a
             man
             makes
             a
             lease
             for
             life
             ,
             and
             after
             makes
             a
             Feofment
             with
             a
             letter
             of
             Atturney
             ,
             &c.
             and
             after
             Tenant
             for
             life
             dies
             ,
             if
             he
             may
             now
             make
             livery
             ?
          
           
             If
             a
             Feofment
             be
             made
             to
             A.
             and
             a
             
               Fem
               sole
            
             ,
             with
             a
             letter
             of
             Atturney
             to
             deliver
             seisin
             ,
             and
             before
             seisin
             they
             intermarry
             ,
             and
             then
             seisin
             is
             delivered
             ,
             they
             shall
             take
             by
             moities
             .
          
           
             A.
             makes
             a
             Feofment
             of
             three
             Acres
             ,
             and
             after
             purchaseth
             another
             Acre
             ,
             and
             delivers
             seisin
             in
             that
             Acre
             in
             the
             name
             of
             the
             rest
             ,
             if
             the
             other
             shall
             passe
             ,
             Quaere
             ?
          
           
             If
             two
             Jointenants
             make
             a
             Feofment
             with
             a
             Letter
             of
             Atturny
             to
             deliver
             seisin
             ,
             and
             one
             makes
             a
             Feoffment
             and
             Livery
             in
             person
             ,
             it
             is
             a
             Countermand
             
             of
             the
             whole
             Livery
             ;
             for
             he
             that
             took
             the
             Livery
             hath
             no
             privity
             with
             the
             other
             as
             to
             that
             .
          
           
             Livery
             made
             to
             the
             particular
             Tenant
             within
             view
             is
             not
             good
             to
             him
             in
             Remainder
             ;
             for
             it
             can
             benefit
             none
             but
             him
             that
             took
             it
             ;
             And
             if
             there
             be
             two
             particular
             Tenants
             with
             a
             Remainder
             over
             some
             ,
             that
             Livery
             made
             to
             one
             will
             not
             transfer
             the
             Remainder
             .
             And
             if
             a
             Lease
             be
             made
             to
             A.
             and
             B.
             upon
             Condition
             ,
             that
             if
             A.
             doth
             such
             an
             Act
             ,
             that
             he
             shall
             have
             Fee
             ,
             and
             Livery
             is
             made
             to
             B.
             onely
             ,
             that
             will
             not
             enlarge
             the
             Estate
             of
             A.
             for
             he
             that
             took
             the
             Livery
             hath
             no
             privity
             with
             the
             other
             as
             to
             that
             .
          
           
             Livery
             cannot
             enlarge
             an
             Estate
             if
             the
             determination
             of
             it
             be
             certain
             .
          
        
         
           
             Market
             overt
             .
          
           
             IF
             my
             Goods
             are
             stollen
             ,
             and
             I
             sell
             them
             
               in
               Market
               overt
            
             for
             a
             certain
             sum
             ,
             the
             Vendor
             hath
             no
             Remedy
             for
             his
             money
             ;
             for
             the
             Contract
             was
             void
             ;
             for
             if
             one
             buyes
             goods
             in
             
               Market
               overt
            
             knowing
             them
             to
             be
             stollen
             ,
             the
             property
             is
             not
             changed
             ,
             no
             more
             is
             it
             here
             ;
             for
             the
             Vendor
             knew
             they
             were
             stollen
             from
             himself
             .
          
           
           
             If
             he
             which
             knows
             the
             Goods
             were
             stollen
             ,
             and
             another
             buys
             them
             in
             
               Market
               overt
            
             ,
             and
             the
             Stranger
             dies
             ,
             he
             shall
             have
             all
             the
             Goods
             ,
             and
             the
             property
             was
             not
             altered
             at
             the
             first
             ,
             but
             for
             a
             Moity
             .
          
           
             If
             Goods
             be
             stolen
             and
             are
             sold
             in
             a
             
               Market
               overt
            
             ,
             and
             after
             he
             that
             sold
             them
             buys
             them
             again
             ,
             yet
             the
             first
             Owner
             cannot
             take
             them
             ;
             for
             the
             property
             was
             altered
             by
             the
             first
             sale
             .
          
        
         
           
             Nusance
             .
          
           
             IF
             one
             hath
             a
             Mill
             or
             House
             which
             falls
             down
             ,
             and
             in
             the
             mean
             time
             a
             Nusance
             is
             levied
             ,
             and
             then
             it
             is
             rebuilt
             ,
             he
             shall
             not
             have
             an
             Assiz●
             of
             Nusance
             ,
             nor
             abate
             it
             ;
             for
             it
             was
             not
             made
             to
             the
             Nusance
             of
             his
             Frank
             Tenement
             ;
             for
             it
             was
             not
             then
             in
             being
             ,
             but
             the
             Nusance
             is
             elder
             than
             the
             Freehold
             .
             Some
             think
             all
             is
             one
             ,
             if
             the
             Nusance
             had
             been
             levied
             in
             the
             time
             of
             the
             old
             house
             .
          
        
         
           
             Obligation
             .
          
           
             IF
             A.
             hath
             two
             Daughters
             ,
             and
             binds
             himself
             and
             his
             Heirs
             in
             an
             Obligation
             
             to
             the
             Eldest
             ,
             and
             dies
             seised
             of
             Lands
             ,
             and
             leaves
             Assetts
             to
             his
             Executors
             ,
             the
             Obligation
             is
             discharged
             ;
             for
             it
             cannot
             be
             apporcioned
             .
          
           
             If
             two
             are
             bound
             jointly
             ,
             and
             one
             delivers
             the
             Deed
             at
             one
             time
             ,
             and
             the
             other
             at
             another
             ,
             yet
             it
             is
             a
             good
             joint
             Obligation
             .
          
           
             If
             an
             Obligation
             be
             made
             to
             a
             
               Fem
               sole
            
             and
             another
             ,
             and
             the
             Fem
             marries
             and
             dies
             ,
             the
             other
             shall
             have
             the
             whole
             duty
             ;
             for
             a
             
               Chose
               in
               action
            
             does
             survive
             .
          
        
         
           
             Occupant
             .
          
           
             A
             Lease
             is
             made
             to
             one
             for
             the
             lives
             of
             A.
             and
             B.
             the
             Lessee
             makes
             a
             Lease
             for
             the
             life
             of
             A.
             only
             ,
             if
             the
             second
             Lessee
             dies
             ,
             living
             A.
             the
             Occupant
             shall
             have
             it
             .
          
           
             If
             Land
             be
             given
             to
             two
             ,
             to
             one
             for
             the
             life
             of
             A.
             and
             to
             the
             other
             for
             the
             life
             of
             B.
             if
             one
             dies
             ,
             the
             other
             shall
             make
             himself
             a
             Title
             against
             an
             Occupant
             .
          
           
             If
             a
             Lease
             be
             made
             upon
             Condition
             ,
             that
             if
             the
             Rent
             be
             behind
             ,
             the
             Lessor
             shall
             enter
             and
             retain
             ,
             and
             the
             Lessor
             enters
             and
             dies
             ,
             his
             Heir
             shall
             have
             it
             against
             an
             Occupant
             .
          
           
           
             If
             I
             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
             ●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
             ,
             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
             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
             ,
             sc
             .
             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
             ,
             theSon
             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
             nothings
             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
             morethan
             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
             exemplisied
             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
             th
             e
             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
             shail
             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
             ro
             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
             releafeth
             
             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
             and
             Feoffment
             doth
             not
             extend
             to
             Titles
             ,
             If
             a
             Disseisee
             enters
             upon
             two
             Disseisors
             ,
             and
             they
             recover
             falsly
             in
             an
             Assize
             ,
             and
             he
             Releaseth
             to
             one
             ,
             that
             shall
             inure
             to
             both
             ;
             for
             between
             themselves
             and
             the
             Disseisee
             also
             they
             are
             in
             by
             Title
             .
             If
             an
             Infant
             infeoffs
             two
             ,
             and
             at
             his
             full
             age
             releaseth
             to
             one
             ,
             it
             goes
             to
             both
             .
             If
             two
             Disseisors
             make
             a
             Feoffment
             ,
             and
             take
             back
             an
             Estate
             ,
             a
             Release
             to
             one
             inures
             to
             both
             ;
             for
             though
             in
             Respect
             of
             the
             Disseisee
             they
             be
             Disseisors
             ,
             yet
             in
             Relation
             to
             themselves
             they
             are
             in
             by
             Title
             .
             So
             if
             a
             Disseisor
             makes
             a
             Feoffment
             ,
             and
             takes
             back
             an
             Estate
             to
             himself
             for
             life
             ,
             a
             Release
             to
             him
             will
             go
             to
             him
             in
             Remainder
             .
          
           
             If
             a
             Disseisor
             makes
             a
             Lease
             for
             life
             ,
             and
             the
             Lessee
             makes
             a
             Feofment
             ,
             and
             the
             Disseisee
             releaseth
             to
             the
             Feoffee
             ,
             the
             right
             of
             Entry
             which
             the
             Disseisee
             had
             is
             taken
             away
             ;
             for
             a
             Release
             of
             the
             Disseisee
             will
             avoid
             all
             rights
             of
             entry
             ,
             but
             not
             Titles
             .
          
           
           
             If
             a
             Disseisor
             grants
             a
             Rent-charge
             ,
             and
             is
             disseised
             ,
             and
             a
             Release
             is
             made
             to
             the
             second
             Disseisor
             ,
             the
             Charge
             remains
             ,
             but
             the
             Dower
             of
             the
             Wife
             not
             ;
             for
             the
             one
             is
             executed
             ,
             and
             the
             other
             executory
             only
             .
             If
             two
             Disseiors
             make
             a
             lease
             for
             life
             ,
             with
             a
             Remainder
             in
             fee
             ,
             the
             Disseisee
             releaseth
             to
             the
             Tenant
             for
             life
             ,
             the
             Wife
             of
             the
             first
             Disseisor
             shall
             be
             endowed
             .
             If
             my
             Tenant
             for
             life
             is
             disseised
             by
             A.
             who
             is
             disseised
             by
             B.
             to
             whom
             I
             release
             ,
             the
             Wife
             of
             A.
             shall
             be
             endowed
             ;
             and
             if
             Tenant
             for
             life
             dies
             ,
             A.
             may
             enter
             upon
             B.
             and
             retain
             for
             ever
             .
          
           
             After
             the
             Vouchee
             hath
             entred
             into
             Warranty
             ,
             an
             Ancestor
             collaterall
             of
             the
             Demandant
             releaseth
             to
             the
             Vouchee
             with
             warranty
             and
             dies
             ;
             now
             the
             Vouchee
             cannot
             plead
             this
             Warranty
             against
             the
             Demandant
             ,
             for
             the
             release
             was
             void
             ;
             for
             though
             the
             Vouchee
             shall
             be
             Tenant
             to
             the
             Demandant
             ,
             yet
             he
             shall
             not
             be
             so
             to
             a
             Stranger
             ,
             for
             if
             a
             stranger
             will
             release
             to
             him
             after
             he
             hath
             entred
             into
             Warranty
             ,
             the
             Release
             is
             void
             .
             But
             if
             an
             Ancestor
             collateral
             had
             released
             to
             the
             Tenant
             after
             the
             Entry
             of
             the
             Vouchee
             into
             Warranty
             ,
             the
             Vouchee
             may
             plead
             it
             .
             Quaere
             in
             the
             first
             case
             ,
             though
             the
             Release
             
             be
             void
             ,
             yet
             if
             the
             Warranty
             shall
             not
             be
             good
             ?
          
           
             A
             Feofment
             is
             made
             rendring
             a
             Rent
             ,
             and
             upon
             default
             of
             payment
             a
             re-entry
             ,
             the
             Rent
             is
             behind
             ,
             and
             then
             the
             Lessor
             releaseth
             the
             Rent
             .
          
           
             There
             is
             a
             difference
             between
             a
             Releafe
             in
             Fact
             and
             in
             Law.
             If
             the
             Tenant
             makes
             a
             Lease
             for
             life
             ,
             and
             the
             Lord
             releaseth
             to
             the
             Tenant
             for
             life
             ,
             all
             his
             right
             in
             the
             Seignory
             is
             utterly
             extinct
             .
             But
             if
             the
             Lord
             distrein
             the
             Tenant
             ,
             and
             makes
             a
             Lease
             for
             life
             ,
             he
             hath
             not
             extinguished
             his
             Seignory
             for
             ever
             ,
             for
             a
             Release
             in
             Law
             is
             taken
             most
             favourable
             .
          
           
             If
             a
             Rent
             be
             granted
             for
             life
             ,
             and
             by
             another
             Deed
             theGrantor
             releaseth
             to
             the
             Grantee
             all
             his
             right
             in
             the
             Rent
             ;
             and
             if
             it
             be
             behinde
             ,
             that
             he
             shall
             distrain
             for
             it
             ,
             yet
             it
             is
             but
             a
             Rent
             Seck
             .
          
           
             If
             two
             are
             disseised
             ,
             and
             one
             releaseth
             to
             the
             Disseisor
             all
             his
             right
             in
             the
             one
             moity
             ,
             his
             right
             is
             gone
             in
             al●
             ,
             and
             yet
             his
             right
             was
             
               per
               my
               &
               per
               tout
            
             ;
             but
             being
             he
             hath
             released
             all
             his
             right
             in
             one
             moity
             ,
             which
             extends
             
               per
               my
               &
               per
               tout
            
             ,
             that
             is
             the
             reason
             why
             ,
             &c.
             
             So
             if
             there
             be
             two
             Disseisors
             ,
             and
             one
             Disseisee
             releaseth
             to
             one
             ,
             for
             he
             was
             seised
             
               per
               my
               &
               per
               tout
            
             .
             But
             if
             he
             had
             
             released
             all
             all
             his
             right
             to
             one
             ,
             viz.
             in
             the
             moity
             of
             that
             one
             ,
             and
             not
             in
             a
             moity
             generally
             ,
             the
             Law
             had
             been
             otherwise
             ,
             viz.
             that
             his
             moity
             remains
             in
             the
             moity
             of
             the
             other
             moity
             .
          
           
             A
             Disseisor
             having
             a
             Wife
             makes
             a
             Lease
             for
             life
             ,
             the
             Lessee
             makes
             a
             lease
             to
             the
             Wife
             ,
             for
             the
             life
             of
             the
             Wife
             ,
             the
             Husband
             accepts
             the
             Deed
             ,
             and
             agrees
             to
             it
             ,
             the
             Disseisee
             releaseth
             to
             the
             Wife
             ,
             the
             Husband
             dies
             ,
             the
             Release
             is
             void
             ;
             for
             ,
             by
             the
             Lease
             to
             the
             Wife
             the
             Husband
             had
             title
             of
             Entry
             for
             the
             Forfeiture
             ,
             and
             then
             he
             is
             remitted
             ,
             and
             though
             he
             agrees
             that
             the
             Wife
             shall
             take
             the
             Estate
             ,
             yet
             it
             is
             no
             Estopple
             ,
             then
             the
             Husband
             being
             remitted
             there
             is
             no
             possession
             in
             the
             Wife
             upon
             which
             the
             Release
             may
             operate
             .
             If
             a
             Disseisor
             having
             a
             Wife
             makes
             a
             lease
             for
             life
             to
             A.
             who
             makes
             a
             lease
             to
             B.
             for
             life
             ,
             the
             Disseisee
             releaseth
             to
             B.
             the
             Wife
             of
             the
             Disseisor
             shall
             be
             endowed
             ,
             for
             the
             release
             doth
             not
             countervail
             an
             Entry
             and
             Feofment
             .
             If
             a
             Disseisor
             makes
             a
             Lease
             for
             life
             ,
             the
             Lessee
             makes
             a
             Feofment
             ,
             and
             the
             Disseisee
             Releaseth
             to
             the
             Feoffeo
             ,
             that
             takes
             away
             the
             Entry
             of
             the
             Disseisor
             ;
             For
             such
             a
             Release
             takes
             away
             all
             rights
             ,
             but
             not
             Titles
             ,
             as
             Conditions
             or
             Dower
             .
             But
             if
             a
             Dis
             
             seisor
             be
             disseised
             ,
             &
             the
             Disseisee
             releases
             to
             the
             second
             Disseisor
             ,
             that
             takes
             away
             the
             Dower
             of
             the
             first
             Disseisors
             Wife
             .
          
           
             
               Tenant
               pur
               auter
               vy
            
             ,
             the
             Remainder
             to
             I.
             for
             his
             life
             ,
             I.
             releaseth
             to
             the
             Lessee
             ,
             that
             Release
             is
             good
             ,
             and
             inures
             by
             way
             of
             
               Fezance
               de
               Estate
            
             ,
             for
             if
             a
             Remainder
             had
             been
             limited
             to
             the
             Tenant
             for
             the
             life
             of
             I.
             that
             had
             been
             good
             ,
             therefore
             here
             he
             hath
             a
             sufficient
             Tenant
             for
             life
             ,
             and
             a
             possession
             whereupon
             a
             Release
             may
             operate
             ,
             but
             if
             the
             first
             Lessee
             had
             had
             an
             Estate
             for
             his
             own
             life
             ,
             then
             the
             Release
             had
             inured
             by
             way
             of
             Extinguishment
             ;
             for
             the
             first
             Estate
             was
             greater
             having
             regard
             to
             the
             Lessee
             .
             If
             a
             Lease
             be
             made
             for
             forty
             years
             ,
             the
             Remainder
             for
             ten
             years
             ,
             and
             he
             in
             Remainder
             releaseth
             to
             the
             Tenant
             for
             forty
             years
             ,
             he
             shall
             have
             it
             for
             fifty
             years
             ;
             for
             the
             forty
             years
             cannot
             be
             drown'd
             :
             If
             the
             Remainder
             had
             been
             a
             lease
             for
             an
             hundred
             years
             ;
             for
             one
             Chattle
             cannot
             consume
             another
             ,
             for
             it
             is
             all
             one
             as
             if
             Lessee
             for
             forty
             years
             should
             make
             a
             lease
             for
             ten
             years
             ,
             and
             after
             will
             release
             to
             the
             Lessee
             ,
             he
             shall
             have
             it
             for
             forty
             ,
             and
             not
             for
             thirty
             years
             .
             If
             a
             lease
             be
             made
             for
             years
             ,
             the
             remainder
             to
             A.
             for
             life
             ,
             the
             remainder
             to
             B.
             for
             life
             :
             if
             B.
             will
             release
             
             to
             the
             Lessee
             ,
             that
             is
             cleerly
             Good
             ;
             for
             there
             is
             sufficient
             privity
             between
             them
             although
             he
             hath
             not
             the
             next
             immediate
             Estate
             .
          
           
             But
             if
             the
             Lessee
             will
             release
             to
             his
             Lessor
             ,
             that
             is
             void
             ;
             for
             the
             Lessee
             was
             in
             possession
             .
             So
             if
             the
             Guardian
             Releaseth
             to
             the
             Heir
             ,
             that
             is
             void
             .
             If
             two
             Disseisors
             make
             a
             Lease
             for
             life
             ,
             and
             the
             Disseisee
             releaseth
             to
             one
             ,
             that
             will
             inure
             to
             both
             ;
             for
             of
             necessity
             it
             will
             inure
             to
             Lessee
             for
             life
             :
             and
             so
             by
             consequence
             to
             them
             in
             Reversion
             ,
             and
             that
             is
             to
             two
             .
             If
             Tenant
             for
             life
             is
             disseised
             by
             two
             ,
             who
             are
             disseised
             by
             another
             ,
             the
             Lessor
             releaseth
             to
             the
             last
             Disseisor
             ,
             the
             first
             Disseisors
             may
             enter
             notwithstanding
             the
             Release
             ;
             for
             the
             Releasor
             had
             no
             Title
             of
             Entry
             .
             But
             if
             his
             Entry
             had
             been
             lawful
             ,
             as
             if
             his
             Tenant
             for
             life
             had
             infeoffed
             a
             Stranger
             ,
             who
             had
             been
             disseised
             ,
             and
             the
             Lessor
             had
             released
             to
             the
             Disseisor
             the
             Lessee
             could
             not
             have
             entred
             ;
             for
             the
             Entry
             of
             the
             Lessor
             (
             who
             had
             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.
             ours
             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
             demauds
             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
             ,
             orherwise
             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
             ●jected
             ,
             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
             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
               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
             other
             by
             the
             Release
             is
             discharged
             ,
             and
             the
             Grant
             being
             but
             by
             one
             is
             discharged
             as
             to
             all
             .
             And
             the
             Pernor
             shall
             hold
             it
             subject
             to
             the
             Agreement
             of
             A.
             for
             some
             think
             there
             shall
             be
             an
             Election
             after
             ,
             as
             if
             he
             had
             granted
             his
             part
             to
             a
             Stranger
             .
          
           
             A
             Release
             to
             one
             Tenant
             in
             Common
             will
             not
             inure
             to
             his
             Companion
             for
             want
             of
             privity
             .
          
           
           
             A.
             seised
             of
             an
             House
             on
             the
             part
             of
             his
             Mother
             ,
             is
             disseised
             by
             two
             ,
             and
             they
             have
             Estovers
             granted
             to
             them
             in
             the
             same
             House
             ,
             the
             disseisee
             releaseth
             to
             one
             ,
             the
             Estovers
             remain
             for
             part
             ;
             for
             as
             to
             a
             Stranger
             the
             Release
             doth
             not
             countervail
             an
             Entry
             and
             Feoffment
             .
             As
             if
             a
             disseisor
             takes
             a
             Confirmation
             to
             hold
             by
             lesser
             Services
             ,
             and
             after
             the
             disseisee
             releaseth
             ,
             yet
             he
             shall
             take
             advantage
             of
             the
             Confirmation
             .
             If
             the
             Son
             endows
             his
             Wife
             ,
             
               Ex●●assensu
               patris
            
             ,
             and
             the
             disseisee
             releaseth
             to
             the
             disseisor
             ,
             if
             the
             dower
             shall
             be
             avoided
             or
             not
             ?
             A
             Warranty
             made
             to
             the
             disseisor
             is
             not
             gone
             ,
             by
             a
             release
             made
             by
             the
             disseisee
             .
          
           
             If
             a
             disseisor
             having
             a
             Wife
             makes
             a
             Lease
             to
             A.
             for
             life
             ,
             who
             makes
             a
             Lease
             to
             B.
             for
             life
             ,
             the
             disseisee
             releaseth
             to
             B.
             the
             Wife
             of
             the
             disseisor
             shall
             be
             endowed
             ;
             for
             the
             Release
             doth
             not
             amount
             to
             an
             Entry
             and
             Feoffment
             .
          
           
             Two
             Fems
             disseise
             one
             ,
             one
             marries
             ,
             the
             disseisee
             releaseth
             to
             the
             Husband
             in
             Fee
             ,
             that
             goe●●
             by
             way
             of
             Extinguishment
             to
             both
             the
             women
             ;
             for
             it
             cannot
             inure
             as
             an
             
             Entry
             and
             Feofment
             to
             one
             Woman
             ,
             for
             she
             is
             not
             privy
             to
             the
             Deed
             ,
             and
             as
             an
             Entry
             and
             Feofment
             to
             the
             Husband
             it
             cannot
             inure
             ;
             for
             he
             was
             in
             by
             title
             :
             and
             if
             the
             Release
             had
             been
             to
             the
             other
             Woman
             ,
             that
             should
             not
             have
             devested
             the
             possession
             of
             the
             Husband
             .
          
           
             The
             Lord
             disseiseth
             the
             Tenent
             and
             is
             disseised
             ,
             the
             disseisee
             releaseth
             to
             the
             disseisor
             of
             the
             Lord
             ,
             the
             Seignory
             is
             extinct
             ;
             for
             it
             doth
             not
             countervail
             an
             Entry
             and
             Feofment
             in
             respect
             of
             the
             Lord
             ,
             but
             extinguisheth
             the
             right
             of
             the
             Lord
             to
             the
             land
             ,
             in
             which
             right
             to
             the
             land
             ,
             the
             right
             which
             he
             had
             to
             the
             Seignory
             was
             suspended
             .
             But
             if
             the
             Lord
             and
             a
             Stranger
             disseise
             the
             Tenant
             ,
             and
             the
             Tenant
             releaseth
             to
             the
             Stranger
             ,
             the
             Seignory
             is
             revived
             ,
             for
             there
             it
             inures
             as
             an
             Entry
             and
             Feofment
             against
             the
             Lord
             ,
             and
             the
             Lord
             had
             not
             the
             right
             to
             the
             land
             :
             So
             if
             the
             Lord
             dies
             ,
             and
             the
             other
             hath
             that
             by
             survivorship
             .
          
        
         
           
           
             Remainder
          
           
             LAnd
             is
             given
             to
             Husband
             and
             Wife
             ,
             and
             to
             the
             Heir
             of
             the
             Husband
             begotten
             on
             the
             body
             of
             the
             Wife
             ;
             and
             if
             the
             Husband
             dies
             without
             Issue
             by
             the
             Wife
             ,
             then
             the
             land
             to
             remain
             to
             A.
             in
             Fee
             ;
             the
             Husband
             and
             Wife
             die
             without
             Issue
             ,
             A.
             enters
             ,
             upon
             whom
             the
             Feoffor
             enters
             ,
             and
             A.
             brings
             an
             Assize
             ;
             some
             think
             it
             is
             maintainable
             ,
             14
             H.
             6.
             25.
             such
             a
             limitation
             good
             .
          
           
             Tenant
             in
             tail
             makes
             a
             Feofment
             and
             dies
             ,
             the
             discontinuee
             makes
             a
             Gift
             in
             tail
             ,
             the
             remainder
             in
             fee
             to
             the
             first
             Issue
             in
             tail
             ,
             the
             second
             Tenant
             in
             tail
             dies
             without
             Issue
             ,
             his
             Wife
             Enseint
             with
             a
             Son
             ,
             the
             Issue
             of
             the
             first
             entail
             enters
             ,
             and
             after
             the
             other
             Issue
             is
             born
             ,
             and
             enters
             upon
             him
             ,
             and
             he
             brings
             an
             Assize
             ;
             some
             think
             it
             is
             not
             maintainable
             .
          
           
             A
             Fem
             Lessee
             for
             life
             marries
             ,
             a
             Confirmation
             is
             made
             to
             them
             two
             for
             their
             lives
             ,
             that
             is
             a
             Remainder
             in
             the
             Husband
             ,
             by
             reason
             of
             the
             joint-Estate
             of
             the
             Wife
             .
             So
             if
             land
             be
             given
             to
             A.
             &
             
             B.
             for
             the
             life
             of
             B.
             and
             after
             a
             Confirmation
             is
             made
             to
             them
             two
             for
             their
             lives
             ,
             that
             is
             a
             Remainder
             in
             A.
             and
             the
             Jointure
             remains
             .
          
           
             Land
             is
             given
             to
             Husband
             and
             Wife
             ,
             and
             to
             the
             Heirs
             of
             the
             body
             of
             the
             Husband
             ,
             the
             Remainder
             to
             Husband
             and
             Wife
             in
             speciall
             tail
             ;
             the
             Remainder
             is
             void
             .
             If
             a
             lease
             be
             made
             for
             the
             life
             of
             the
             Lessee
             ,
             the
             Remainder
             to
             the
             Lessee
             for
             the
             life
             of
             A.
             that
             Remainder
             is
             void
             .
          
           
             If
             land
             be
             given
             to
             one
             ,
             Habendum
             to
             him
             and
             the
             Heirs
             males
             of
             his
             body
             ,
             and
             the
             Heirs
             females
             of
             his
             body
             ,
             he
             shall
             have
             it
             as
             a
             Remainder
             .
          
           
             Land
             is
             given
             to
             two
             Women
             ,
             
               Quam
               diu
               simul
               vixerint
            
             ,
             the
             remainder
             to
             the
             right
             Heirs
             of
             her
             who
             first
             dies
             ;
             one
             marries
             ,
             and
             hath
             issue
             and
             dies
             ;
             it
             seems
             the
             remainder
             is
             good
             notwithstanding
             the
             incertainty
             .
             But
             if
             the
             Land
             shall
             be
             Assets
             in
             a
             Formedon
             or
             Debt
             against
             the
             Heir
             ,
             Quaere
             ?
             some
             think
             it
             is
             not
             ,
             for
             it
             was
             never
             in
             the
             Mother
             .
          
           
             The
             Donor
             disseises
             Tenant
             in
             tail
             ,
             and
             dies
             ,
             and
             the
             Heic
             who
             is
             
             in
             by
             descent
             makes
             a
             Lease
             to
             the
             Issue
             within
             age
             ,
             the
             Remainder
             in
             Fee
             ,
             Tenant
             in
             tail
             dies
             ,
             though
             the
             Issue
             be
             remitted
             yet
             the
             Remainder
             is
             good
             ,
             because
             it
             was
             a
             Livery
             once
             ,
             and
             the
             Remitter
             was
             subsequent
             ,
             as
             if
             the
             Lessor
             disseiseth
             his
             Tenant
             for
             life
             ,
             and
             lets
             for
             the
             life
             of
             the
             disseisee
             ,
             the
             remainder
             in
             Fee
             ,
             the
             disseisee
             enters
             ,
             yet
             him
             remainder
             shall
             hold
             it
             :
             but
             in
             both
             cases
             it
             is
             a
             reversion
             ,
             and
             not
             a
             remainder
             .
             Quaere
             of
             the
             first
             case
             .
          
           
             If
             a
             Lease
             be
             made
             for
             life
             upon
             Condition
             ,
             that
             if
             the
             Lessee
             shall
             not
             have
             Issue
             during
             his
             life
             ,
             that
             then
             it
             shall
             remain
             in
             Fee
             to
             A.
             and
             he
             dies
             without
             Issue
             ,
             the
             remainder
             is
             void
             ;
             for
             although
             a
             remainder
             may
             be
             limited
             upon
             Condition
             ,
             yet
             the
             Condition
             ought
             to
             be
             performed
             during
             the
             life
             of
             Tenant
             for
             life
             .
             But
             if
             the
             Condition
             had
             been
             that
             if
             he
             had
             Issue
             during
             his
             life
             ,
             that
             then
             it
             should
             remain
             ,
             the
             remainder
             had
             been
             good
             ,
             if
             he
             had
             Issue
             ,
             7
             H.
             4.
             6.
             
             A
             rent
             granted
             to
             one
             for
             the
             life
             of
             A.
             the
             remainder
             to
             the
             right
             Heirs
             of
             A.
             that
             cannot
             be
             during
             the
             life
             of
             A.
             and
             yet
             thought
             to
             be
             a
             good
             remainder
             ;
             for
             it
             vests
             in
             the
             same
             instant
             that
             the
             first
             Estate
             determines
             .
          
           
           
             A
             remainder
             may
             be
             good
             to
             him
             that
             had
             the
             Remainder
             before
             .
          
           
             Tenant
             for
             life
             makes
             a
             Lease
             for
             life
             ,
             the
             remainder
             to
             his
             Lessor
             ,
             and
             a
             Stranger
             in
             Fee
             ,
             some
             think
             the
             Stranger
             shall
             take
             all
             ;
             for
             he
             cannot
             give
             a
             Fee
             in
             any
             part
             to
             him
             that
             had
             a
             Fee
             before
             .
          
        
         
           
             Remitter
             .
          
           
             TEnant
             in
             tail
             makes
             a
             Feoffment
             and
             dies
             ,
             the
             Discontinuee
             makes
             a
             gift
             in
             tail
             ,
             the
             Remainder
             to
             the
             Issue
             in
             Fee
             ,
             the
             second
             Tenant
             in
             tail
             dies
             without
             Issue
             ,
             his
             Wife
             enseint
             with
             a
             Son
             ,
             the
             Issue
             in
             the
             first
             intail
             enters
             ,
             the
             Son
             is
             born
             ,
             and
             enters
             upon
             him
             ,
             and
             he
             brings
             an
             Assize
             ,
             it
             is
             maintainable
             ;
             for
             the
             remainder
             is
             limited
             to
             the
             Issue
             in
             the
             first
             intail
             ,
             and
             he
             by
             vertue
             of
             his
             remainder
             enters
             ,
             then
             he
             is
             remitted
             ,
             but
             Dy.
             129.
             makes
             it
             a
             Quaere
             ,
             but
             Bendlows
             195.
             he
             is
             remitted
             ,
             and
             so
             is
             the
             Inst
             .
             357.
             11
             
             H.
             4.1
             .
          
           
             If
             the
             Disseisee
             enters
             upon
             the
             Heir
             of
             the
             Disseisor
             ,
             and
             grants
             a
             Rent
             Charge
             and
             dies
             ,
             the
             Issue
             shall
             hold
             it
             discharged
             ;
             for
             though
             he
             hath
             the
             Right
             form
             the
             same
             Ancestor
             that
             granted
             the
             Rent
             Charge
             ,
             yet
             he
             is
             
             remitted
             to
             another
             possession
             than
             descended
             to
             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
             Paramouns
             enters
             ,
             and
             grancs
             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
             a
             
             gainst
             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
             fee
             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
             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
             ,
             som
             e
             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
             difcharged
             .
          
           
             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
             indurcs
             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
             se●k
             .
             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
             our
             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
               Demesue
            
             ,
             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
             mangrants
             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
             Feoffec
             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
             cafe
             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
             lastant
             .
             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
             dristrain
             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
             so
             ●●
             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
             distranger
             the
             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
             Alience
             shall
             not
             distrain
             out
             of
             the
             Mannor
             ,
             and
             in
             that
             case
             the
             penalty
             of
             the
             distresse
             is
             gone
             ,
             but
             in
             the
             other
             case
             ,
             the
             Grante
             being
             of
             a
             distresse
             in
             the
             same
             place
             out
             of
             which
             the
             rent
             issues
             ,
             this
             is
             now
             a
             rent
             charge
             ,
             and
             by
             consequeuce
             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
             ,
             non
             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
             ceserved
             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
             M●●ssoc
             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
             Franckmarriage
             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
             seifin
             of
             Fealty
             shall
             be
             a
             Seifin
             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.
             fortheir
             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
             Seiguory
             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
             
             thing
             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
             then
             it
             would
             be
             against
             reason
             ,
             that
             the
             Grantee
             of
             the
             Wife
             should
             not
             have
             it
             with
             the
             same
             advantages
             which
             the
             Wife
             should
             have
             .
             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
             Eastar
             ,
             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
             hi●
             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
             thereofasthey
             were
             of
             the
             Frehold
             ;
             for
             a
             confirmation
             inures
             according
             to
             the
             nature
             of
             the
             
             estate
             on
             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
             
               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
             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
             Fcalty
             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
             
               Fem
               sole
            
             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
             Judgement
             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
             to
             that
             Warranty
             .
             So
             if
             the
             Father
             had
             given
             a
             Seignory
             to
             the
             Eldest
             Son
             in
             tail
             ,
             and
             died
             seised
             of
             Land
             in
             
               Borough
               English
            
             ,
             which
             descended
             to
             the
             youngest
             Son
             ,
             and
             after
             the
             Tenancy
             escheats
             ,
             the
             Eldest
             being
             impleaded
             vouches
             himself
             to
             save
             the
             Intail
             ;
             but
             if
             the
             Land
             of
             the
             youngest
             shall
             be
             lyable
             ,
             is
             the
             question
             ?
          
           
             Lessee
             for
             life
             ,
             the
             remainder
             to
             the
             right
             Heirs
             of
             A.
             who
             is
             dead
             ,
             having
             a
             Daughter
             ,
             his
             Wife
             enseint
             with
             a
             Son
             ,
             the
             Lessor
             warrants
             the
             Land
             in
             
               forma
               praedicta
            
             ,
             the
             Son
             is
             born
             ,
             the
             Daughter
             cannot
             vouch
             by
             reason
             of
             
             the
             Warranty
             ;
             for
             the
             Warranty
             is
             a
             thing
             executory
             which
             cannot
             be
             deraigned
             ,
             but
             by
             the
             right
             Heirs
             of
             A.
             For
             if
             a
             Feoffment
             be
             made
             to
             the
             Son
             with
             Warranty
             ,
             and
             he
             dies
             without
             Issue
             ,
             and
             the
             Land
             comes
             from
             the
             Unkle
             to
             the
             Father
             ,
             he
             cannot
             take
             advantage
             of
             this
             Warranty
             as
             Heir
             to
             his
             Son
             ;
             so
             if
             
               Possessio
               Fratris
            
             makes
             the
             Sister
             Heir
             ,
             she
             shall
             not
             vouch
             ,
             35
             H.
             6.
             34.
             
             Danby
             ;
             but
             he
             shall
             be
             voucht
             as
             Heir
             for
             the
             possession
             ,
             so
             shall
             the
             Father
             ,
             so
             shall
             the
             youngest
             Son
             in
             
               Borough
               English
            
             ,
             but
             shall
             not
             vouch
             ,
             Vide
             
               Fitzh
               .
               Voucher
            
             94.
             35
             
             H.
             6.
             33.
             
             If
             Land
             be
             given
             to
             two
             brothers
             in
             Fee
             with
             Warranty
             to
             the
             eldest
             ,
             the
             eldest
             dies
             having
             Issue
             ,
             and
             the
             youngest
             dies
             without
             Issue
             ,
             the
             Issue
             of
             the
             Eldest
             being
             his
             Heir
             ,
             and
             he
             enters
             ,
             he
             shall
             not
             take
             advantage
             of
             this
             Warranty
             by
             Voucher
             or
             Rebutter
             ;
             for
             the
             Warranty
             was
             void
             ,
             having
             regard
             to
             the
             Survivor
             ,
             because
             his
             Title
             hath
             relation
             before
             the
             Warranty
             .
          
           
             If
             the
             Eldest
             Son
             is
             voucht
             as
             Heir
             to
             the
             Warranty
             ,
             and
             the
             youngest
             as
             Heir
             in
             Borough
             English
             ,
             and
             the
             Eldest
             voucheth
             over
             ,
             if
             the
             Eldest
             or
             the
             youngest
             shall
             have
             the
             Recompence
             in
             value
             ?
             It
             would
             be
             unreasonable
             ,
             
             that
             the
             eldest
             should
             have
             it
             ,
             for
             he
             lost
             nothing
             ,
             for
             by
             the
             law
             the
             tenant
             cannot
             sue
             Execution
             against
             the
             Vouchee
             ,
             untill
             the
             demandant
             ,
             hath
             sued
             execution
             against
             him
             ,
             and
             in
             this
             Case
             execution
             was
             never
             sued
             against
             the
             Eldest
             ,
             for
             he
             hath
             no
             land
             ,
             and
             the
             youngest
             hath
             not
             the
             warranty
             by
             descent
             ,
             (
             though
             he
             hath
             the
             land
             )
             and
             so
             he
             cannot
             vouch
             ,
             and
             therefore
             it
             is
             hard
             he
             should
             be
             bard
             by
             it
             .
          
        
         
           
             Wast
             .
          
           
             LAnd
             is
             given
             to
             
               Baron
               &
               Fem
            
             ,
             and
             to
             a
             third
             person
             ,
             the
             third
             person
             releaseth
             the
             Fem
             all
             his
             right
             ,
             and
             the
             
               Baron
               &
               Fem
            
             makes
             a
             Lease
             of
             the
             whole
             for
             yeares
             ,
             and
             brings
             a
             writ
             of
             Wast
             against
             the
             Lessee
             .
          
           
             The
             Lessee
             is
             not
             punishable
             in
             Wast
             if
             a
             house
             falls
             that
             was
             ruinous
             at
             the
             time
             of
             the
             demise
             ,
             and
             he
             may
             cut
             Trees
             to
             repair
             it
             ,
             so
             he
             may
             do
             if
             the
             Lessor
             covenants
             to
             repair
             it
             ,
             vid.
             12
             ,
             H.
             8.
             1.
             
             If
             a
             house
             with
             land
             is
             let
             ,
             upon
             which
             is
             a
             Wood
             without
             impeachment
             of
             wast
             for
             the
             house
             ,
             yet
             if
             the
             house
             becomes
             ruinous
             ,
             he
             may
             cut
             timber
             for
             the
             reparation
             ,
             and
             a
             Lessee
             may
             take
             timber
             for
             fier-boot
             ,
             if
             there
             be
             no
             other
             wood
             .
             
               quod
               vid.
            
             21.
             
             
             H.
             6.
             47.
             
             If
             a
             man
             makes
             a
             lease
             upon
             condition
             ,
             or
             that
             the
             Lessee
             is
             bound
             in
             an
             obligation
             not
             to
             do
             wast
             ,
             and
             that
             his
             estate
             shall
             cease
             :
             If
             a
             Stranger
             commits
             Wast
             ,
             that
             is
             no
             forfeiture
             of
             the
             Lease
             ,
             for
             the
             condition
             extends
             only
             to
             the
             person
             of
             the
             
               Lessee
               .
               vid.
            
             3.
             
             H.
             6.
             17.
             
             But
             if
             a
             stranger
             commits
             Wast
             upon
             the
             Lessee
             for
             years
             ,
             or
             
               Guardian
               in
               Chivalry
            
             ,
             they
             shal
             render
             treble
             and
             shall
             lose
             the
             ward
             ,
             but
             
               Guardian
               in
               Socage
            
             shall
             not
             be
             punisht
             for
             wast
             of
             a
             stranger
             ,
             for
             the
             heir
             himself
             shall
             have
             an
             action
             .
          
           
             If
             a
             Lease
             is
             made
             for
             life
             ,
             the
             Lessor
             dies
             having
             two
             Sons
             by
             divers
             venters
             ,
             the
             eldest
             grants
             to
             the
             Lessee
             that
             he
             shall
             be
             dispunisht
             of
             wast
             ,
             yet
             that
             shall
             not
             bind
             the
             youngest
             ,
             for
             he
             does
             not
             claim
             as
             heir
             to
             his
             brother
             ,
             but
             as
             an
             heir
             to
             his
             father
             ,
             who
             was
             last
             actually
             seised
             .
          
           
             Fem
             tenant
             for
             life
             ,
             the
             remainder
             for
             years
             to
             I.
             S.
             who
             marries
             with
             the
             Fem
             ,
             and
             Commits
             wast
             .
             quaere
             ,
             if
             the
             land
             be
             lost
             ?
             If
             tenant
             for
             life
             makes
             a
             lease
             for
             years
             ,
             and
             after
             enters
             upon
             the
             termor
             ,
             and
             commits
             wast
             ,
             and
             the
             Lessor
             recovers
             ,
             the
             Lessee
             shall
             lose
             his
             term
             .
             A
             man
             shall
             not
             be
             punished
             for
             comming
             on
             the
             land
             to
             see
             if
             wast
             be
             committed
             .
          
           
           
             The
             heir
             makes
             a
             Lease
             for
             years
             ,
             wast
             is
             committeed
             ,
             the
             wife
             recovers
             in
             Dower
             ,
             the
             heir
             shall
             have
             an
             action
             of
             wast
             in
             the
             tenuit
             .
          
           
             A
             man
             makes
             a
             lease
             for
             twenty
             yeares
             without
             impeachment
             of
             Wast
             ,
             and
             the
             Lessor
             confirmes
             for
             forty
             years
             ,
             the
             Lessee
             shall
             be
             dispunisht
             for
             twenty
             years
          
           
             A
             man
             makes
             a
             lease
             rendring
             rent
             on
             condition
             ,
             that
             if
             the
             rent
             be
             behind
             ,
             that
             the
             Lessor
             shall
             reenter
             and
             retain
             until
             he
             be
             satisfied
             the
             rent
             out
             of
             the
             profits
             ,
             the
             Lessor
             doth
             enter
             and
             a
             stranger
             commits
             wast
             ,
             and
             then
             the
             Lessor
             is
             satisfied
             of
             the
             rent
             ,
             if
             the
             wast
             be
             punishable
             .
          
           
             If
             one
             doth
             devise
             his
             lands
             which
             he
             hath
             for
             years
             and
             dies
             ,
             the
             Executors
             commits
             wast
             ,
             and
             then
             agree
             to
             the
             devise
             ,
             an
             action
             of
             wast
             lies
             against
             them
             ,
             notwithstanding
             the
             relation
             ;
             So
             if
             Lessee
             for
             years
             grants
             his
             term
             upon
             condition
             ,
             and
             the
             grantee
             commits
             wast
             ,
             and
             the
             Lessee
             for
             years
             enter
             for
             the
             condition
             broken
             ,
             yet
             wast
             lies
             against
             the
             grantee
             .
          
           
             Where
             a
             man
             hath
             election
             to
             take
             two
             estates
             ,
             his
             committing
             of
             wast
             will
             be
             a
             determination
             of
             his
             election
             .
          
           
             If
             there
             be
             Lessee
             for
             life
             ,
             the
             remainder
             for
             life
             ,
             and
             the
             Lessor
             grants
             
             the
             reversion
             to
             him
             in
             remainder
             ,
             quaere
             ,
             if
             he
             shall
             have
             an
             action
             of
             wast
             ?
             If
             Tenant
             for
             life
             makes
             a
             lease
             for
             years
             ,
             and
             enters
             and
             commits
             wast
             ,
             the
             tenant
             for
             yeares
             leases
             his
             term
             ,
             wast
             by
             the
             assignee
             of
             an
             infant
             or
             
               fem
               Covert
            
             shall
             take
             away
             the
             special
             right
             of
             Infancy
             Coverture
             or
             condition
             ,
             but
             otherwise
             if
             it
             had
             it
             been
             made
             by
             themselves
             .
          
        
         
           
             Warranty
             .
          
           
             GRandfather
             Father
             and
             Son
             ,
             the
             Grandfather
             makes
             a
             lease
             of
             an
             Acre
             for
             life
             ,
             and
             dies
             ,
             the
             Father
             being
             tenant
             in
             taile
             ,
             discontinues
             it
             in
             Fee
             with
             warranty
             ,
             and
             dies
             ,
             the
             tenant
             for
             life
             dies
             ,
             the
             Son
             enters
             into
             the
             Acre
             after
             his
             death
             ,
             and
             brings
             a
             Formedon
             ,
             the
             warranty
             of
             the
             Father
             with
             this
             Assets
             seemes
             no
             barr
             .
          
           
             The
             discontinuee
             of
             a
             tenant
             in
             tail
             makes
             a
             Feofment
             on
             condition
             ,
             and
             a
             warranty
             collateral
             is
             made
             to
             the
             Feoffee
             of
             the
             discontinuee
             ,
             the
             discontinuee
             enters
             for
             the
             condition
             bro
             ken
             ,
             the
             issue
             hath
             no
             remedy
             against
             him
             .
          
           
             If
             a
             Collaterall
             Warranty
             descends
             within
             a
             year
             upon
             him
             that
             hath
             Title
             to
             enter
             for
             Mortmain
             ,
             he
             cannot
             enter
             after
             ;
             for
             if
             he
             himself
             had
             re
             
             leased
             he
             could
             not
             have
             entred
             ,
             and
             the
             Warranty
             will
             bind
             him
             as
             well
             as
             his
             Release
             :
             but
             Quaere
             ,
             if
             a
             collaterall
             Warranty
             extends
             to
             a
             Title
             of
             Entry
             ?
          
           
             If
             a
             man
             devises
             Land
             with
             Warranty
             ,
             that
             is
             void
             ;
             because
             the
             Father
             himself
             was
             not
             bound
             .
          
           
             A
             Warranty
             made
             to
             a
             Disseisor
             is
             not
             destroyed
             by
             the
             Release
             of
             the
             Disseisee
             .
          
           
             A
             Collateral
             Warranty
             shall
             not
             bar
             Execution
             of
             a
             Recovery
             in
             value
             ;
             for
             it
             is
             but
             a
             Title
             ,
             to
             which
             a
             Warranty
             does
             not
             ex●end
             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
             theFather
             ,
             and
             collateral
             to
             theSon
             ;
             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
             theFreehold
             ,
             but
             for
             the
             Fec
             t
             is
             collateral
             .
             Quaere
             by
             some
             in
             all
             cases
             every
             man
             shal
             a
             void
             a
             Warrantywhich
             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
             provethat
             the
             greater
             drowns
             the
             Warranty
             ,
             it
             was
             said
             if
             Tenant
             in
             tail
             be
             with
             Warranty
             to
             him
             ,
             his
             Heirs
             and
             Assigns
             ,
             hisFeofee
             in
             Fee
             shall
             not
             besaid
             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
             firstLease
             had
             been
             for
             years
             ,
             that
             the
             Warrantycould
             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
             thenhe
             cannot
             take
             as
             an
             immediate
             Warranty
             ,
             because
             the
             first
             Estate
             was
             of
             another
             nature
             ,
             a
             reversion
             descends
             to
             
               Barow
               &
               Fem
            
             Lessees
             for
             life
             as
             to
             the
             Issues
             of
             two
             parceners
             ,
             theHusband
             dies
             ,
             thewife
             shall
             have
             the
             wholeFreehold
             asSurvivor
             ,
             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
             ,
             not
             with
             standing
             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
             a
             rises
             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
             theRent
             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
             theHeir
             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
             aFeofment
             of
             the
             Land
             with
             warranty
             ,
             thatwarranty
             can't
             extend
             to
             the
             rent
             and
             yet
             theLand
             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
             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
             thatmade
             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
             shalsay
             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
             〈◊〉
             to
             him
             that
             made
             the
             〈…〉
             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
             desseisor
             with
             warranty
             ,
             and
             after
             is
             attained
             of
             felony
             ,
             and
             hath
             a
             Charter
             of
             pardon
             and
             dies
             ;
             it
             ●●●ms
             it
             is
             a
             discontinu●●ce
             ,
             for
             if
             he
             had
             purchase●
             land
             after
             his
             Charter
             ,
             it
             would
             descend
             to
             his
             heir
             ,
             which
             proves
             that
             the
             blood
             betwixt
             him
             and
             his
             he●●●●ot
             corrupt
             ,
             as
             it
             is
             between
             him
             and
             his
             Ances
             〈…〉
             then
             the
             warranty
             being
             in
             esse
             at
             the
             time
             〈…〉
             death
             there
             is
             no
             i●pediment
             ,
             but
             that
             〈◊〉
             descend
             :
             But
             if
             t●nant
             in
             rail
             ,
             who
             hath
             a
             〈◊〉
             annexed
             to
             h●s
             estate
             ,
             be
             attained
             of
             sel
             〈…〉
             executed
             ,
             many
             think
             his
             issue
             〈◊〉
             not
             i●herit
             the
             voucher
             for
             the
             warranty
             〈…〉
             th
             the
             land
             ;
             for
             the
             warranty
             is
             out
             of
             〈…〉
             
               de
               Donis
               Condit
            
             ,
             which
             〈◊〉
             of
             〈…〉
             ements
             which
             are
             given
             upon
             addition
             〈…〉
             sowd
             .
             thinks
             the
             contrary
             for
             by
             the
             equity
             〈…〉
             statute
             ,
             it
             is
             pres
             〈…〉
             as
             well
             〈◊〉
             Charters
             〈◊〉
             1.
             
             H.
             6
             ,
             20.
             per
             M
             〈…〉
             60.
             
               b.
               C.
            
             〈◊〉
             for
             Charters
             .
          
           
             Feoffee
             with
             〈…〉
             by
             the
             Feoffor
             who
             dies
             sell
             〈…〉
             he
             issues
             who
             brings
             a
             w●●●
             of
             〈…〉
             ●oyned
             upon
             the
             mecre
             〈…〉
             the
             〈…〉
             barred
             ,
             for
             if
             the
             Feoffee
             〈…〉
             ●●mpleaded
             〈◊〉
             ●●ranger
             ,
             shal
             arraine
             the
             w●●●
             〈…〉
             aganist
             〈◊〉
             Issue
             ,
             is
             the
             question
             .