A TREATISE OF THE PRINCIPAL GROUNDS AND MAXIMS OF THE LAW Of this Nation.  
Very useful and commodious for all Students, and such others as desire the knowledge and understanding of the Laws.  
Lex plus laudatur, quando Ratione probatur.  
Written by that most Excellent and Learned Expositor of the Law, W. N. of Lincolns-Inn, Esquire.  
The second Edition, with Additions.  
LONDON, Printed by T. N. for W. Lee, D. Pakeman, R. Best, and G. Bedell, and are to be sold at their shops in Fleetstreet, and Grays-Inn gate, 1651.   

An Analysis of the Laws of England, by the honourable and most learned William Noy Esq Attorney Gen: and of the Privy Council to the late King.  

Justice is a constant & perpetual will to render every man his own right: It is 

Natural  
According to law whereare considered 

Law Divine  
Law of Reason  
Law Humane 

Foreign  
English 

Common, where is treated 

I. Of law where is considered 

The law itself, which is 

By Tradition, which is 

General, and belongs to *  
Written  
Statute  
Injuries forbidden by that Law 

Private, against 

The person and goods  
Public against 

the King & Commonwealth          
2. Of the manner of delivering that Law  
Civil 

Ecclesiastical  
Temporal 

In peace the Admiral  
In war the Marshal 

* The Person, where is considered 

the Quality; as  
Name 

the King the subject who is 

of Baptism Creation   

Natural who is  
Politic 

Free, who is  
Villain 

In his own Power, where is considered  
Not in his own Power 

Intention  
Action there 

Cause  
Time  
Place 

Efficient  
Material  
Formal  
Final.       

by Nature  
Action of the person     

by common law, or the King's Charter             

The Thing, which is 

universal which is 

Of natural  
Right  
Out of divers causes     

Particular, in which dominion may be gained 

Where are considered             

Peculiar, which belongs to 

the King to the  
Subject 

according to his prerogative 

Legal & ordinary  
Regal & absolute     

According to peculiar  
Custom of place prescription of persons                     

1. Things or goods themselves; which are 

Real  
Personal 

Primary  
Secondary 

Simple  
Compound   

Of the land  
Upon it     

Corporate  
Incorporate       

2. To have ownership, which is 

by Estate and Propriety  
by Right 

By his own Right  
Right of another 

Single  
Joint 

by Possession  
Possibility 

Of franktenement  
Chattels 

Hereditary  
Franktenement alone 

in Fee  
in Tail 

absolute  
conditional  
qualified   

general  
special     

by Law  
by Gift 

as Dower  
courtesy of Engl.   

for Life, or Life of another       

Real  
Personal 

Term of years at Will   

Animate  
Inanimate       

Remote  
Near 

reversion remainder       

Parceners joint tenants  
Tenants in common     

Interest and Propriety  
Use Authority     

of Action  
of Entry       

3. The manner of acquiring ownership 

by Law  
by Purchase 

Descent, or Forfeiture   

absolute 

With consideration 

by Writing  
by Word  
by Devise 

by Record  
by Deed 

Fine  
Recovery 

Executed  
Executory   

with Voucher  
without 

Single  
Double     

Feoffment  
Grant with attorney  
Barg. & sale enrolled   

by Grant  
Ratification 

Release  
Confirmation       

Render  
Election  
Concord  
Assignment   

by Common-law  
by Statute             

4. The manner of admitting ownership 

by operation of Law  
by act of the party 

Extinguishment  
Suspension  
Descent, which takes away Entry   

Commission  
Omission 

Discontinuance  
Warranty  
Estoppell  
Forfeiture         

II. The manner of delivering the law is 

By Law  
By act of the party 

Immediate  
Mediate, by actions in Courts where are considered 

Claim  
Entry         

1. The divers Actions in which Right is given 

Writs  
Plaints 

Original  
Judicial 

Real  
Personal  
Mixed 

For the Right  
The possession   

For the Person  
The Goods   

Of Right of law  
Of the King's grace     

Of Course  
Magistral     

Pleas of the Crown  
Common Pleas       

2. The divers Courts where remedy is had; here are considered 

The Courts themselves  
Their jurisdictions; & there 

Temporal 

Of the King  
The subject 

Superior  
Inferior   

Of Record  
Of Barony       

The persons  
Pleas 

Of the  
Courts  
In them 

Judges  
Ministers   

Demand '  
Tenant   

Real  
Personal 

Plaintiff  
Defend '       

Of the Crown Common         

3. The manner of prosecution in Courts 

Direct  
Collateral 

By Process  
By Pleading with that 

Pleas  
Trial  
Judgement  
Execution     

by the Court-Adjornment  
by persons in the Court, as-Essoin       

4. The manner of defeating the Process 

by Prohibition  
assignation of Errors     

5. The manner of taking away the punishment 

Flight  
Pardon.        


CHAP. I. The Laws of England are threefold; Common Laws, Customs, and Statutes.  

THE COMMON LAW.  
THE Common Law is grounded on the Rules of reason, and therefore we use to say in Argument, That reason will that such a thing be done, or that reason will not that such a thing be done; The rules of reason are of two sorts, some taken from Learning▪ as well Divine as Humane, and some proper to itself only.   

OF THEOLOGIE.  

1. Summa ratio est, quae pro Religione facit.  
ATenure to find a Preacher, if the Lord purchase parcel of the Land▪ yet the whole service remaineth, because it is for the advancement of RELIGION.   

2. Dies Dominicus non est Juridicus.  
Sale on a Sunday shall not be said Sale in a Market, to alter the property of the Goods.    

OF GRAMMBR.  
OF Grammar, the rules are infinite in the Etymology of a Word, and in the construction thereof; what is nature, is single.  

3. Ad proxium antecedens fiat relatio, nisi impediatur Sententia.  
As an indictment against I. S. servant to I. D. in the County of Middlesex▪ Butcher, etc. is not good; for servant is no Addition, and Butcher shall be referred to I. D. which is the next Antecedent.    

OF LOGIC.  

4. Cessante causa, cessat effectus.  
THe Executor, nor the husband, after the death of a woman Guardian in soccage, shall not have the Wardship, because (viz.) the natural affection is removed which was the cause thereof.  
Some things shall be construed according to the original cause thereof.   

5.  
The Executor may release before the probate of the Will, because his title and interest is by the Will, and not by the probate.  
To make a man swear to bring me money upon pain of killing, and he bringeth it accordingly, it is felony.  
Outlawry in Trespass, is no forfeiture of Land, as outlawry in felony is; for although the non-appearance is the cause of the Outlawry in both, yet the force of the Outlawry shall be esteemed according to the heinousness of the offence, which is the principal cause of the Process.   

6. According to the beginning thereof:  
As if a Servant, which is out of his Master's service, kill his Master, through the malice which he bore him when he was his servant, this is petty Treason.   

7. According to the end thereof;  
As if a man warned to answer a matter in a Writ, there he shall not answer to any other matter than is contained in the Writ; for that ●as the end of his coming.   

8. Derivativa potestas non potest esse majus primitiva.  
A Servant shall be stopped to say the  
Franktenement is belonging to his Master, by a recovery against his Master, although the servant be a stranger to the Recovery; for he shall not be in better case than he is in, whose Right he claimeth, or justifieth.   

9 Quod ab initio non valet, in tractu temporis non convalescit.  
If an Infant, or a married woman, do make a Will, and publish the same, and afterwards dyeth, being of full age, or sole, notwithstanding this Will is void.   

10. Vnumquodque dissolvitur eo modo quo colligatur.  
An Obligation or other matter in writing, may not be discharged by an agreement by word, but by writing.   

11. He that claimeth a thing on high, shall neither have gain, nor loss thereby.  
As if one joint-tenant make a Lease o● his Joyntee, reserving rend, and die; the heir which surviveth shall have the reversion of his Joyntee, but not the Rent, because he cometh in by the first Feoffer, and not under his companion.  
Also where the husband being leased for years in right, reserving a Rent, the woman shall have the residue of the term, but not the rent.   

12. Debile fundamentum, fallit opus.  
When the estate whereunto the Warranty is annexed is defeated, the Warranty is also defeated.   

13. Incidents may not be severed.  
As if a man grant Wood to be burnt in such a house, wood may not be granted away, but he which hath the house, shall have the wood also.   

14. Actio personalis moritur cum persona.  
As if battery be done to a man, if he that did the battery, or the other die, the Action is gone.  
If the Leasor covenant to pay quitrents, during the term, his Executor shall not pay it, for it is a personal covenant.   

15. Things of higher nature, do determine things of lower nature.  
As matters of writing do determine an agreement by words.  
If an offence which is murder at the Common law, be made high Treason, no appeal lieth for it, for that the Murder is drowned, and punishable as Treason, whereof no appeal lieth.   

16. Majus continet minus.  
Whereby the Custom of a Manor, a man may demise for life, he may demise to his Wife, durante viduitate.   

17. Majus dignum trahit ad se minus dignum.  
As the Writings, the Chest or Box they are in.    

OF PHILOSOPHY.  

18. Naturae vis maxima.  
NAtural affection or brotherly love, are good causes or considerations to raise an use.  
And one brother may maintain a suit for another.   

19 The law favoureth some persons. Viz.  
Men out of the Realm,- or in Pison, Women married, Infants, Idiots, Madmen, Men without intelligence, Strangers, that are neither parties, nor privy, and things done in another's right.  
A descent shall not take away the entry of a man out of the Realm, or in prison, or of a married woman, or of an infant.  
And a lease made to the husband and wife, after the death of the husband, the wife shall not be charged for waste, during the marriage.  
An Idiot shall not be compelled to plead by his Guardian or next friend, but shall be in the Court; and he that pleadeth the best plea for himself, shall be admitted:  
If a dumb man bring an action, he shall plead by his next friend:  
If a Lessee for years grant a Rent-charge, and surrendereth, the rent shall be paid, during the term, to the Stranger:  
A man Outlawed or Excommunicated▪ may bring an Action as an Executor:   

20. And a man's person before his possessions,  
Mentioned of corporal pain, shall avoid a Deed, but not his Goods.   

21. And matter of possession more than matter of right, when the right is equal.  
As if a man purchase several lands at one time, held of several Lords by Knight's service, and dieth, the Lord which first seizeth the Ward, shall have it, otherwise his elder Lord.   

22. Matter of profit or interest shall be taken largely: and it may be assigned, and it may not be countermanded; but matter of pleasure, trust or authority, shall be taken strictly, and may be countermanded.  
As licence to him in my Park, or in my Garden to walk, extendeth only to himself, and not to his servant, nor any other in his company; for it is matter of pleasure only; otherwise it is of a Licence to hunt, kill, and carry away the Deer, which is matter of profit.  
A Churchway is matter of ease.    

OF POLITICAL.  

23.  
NOthing shall be void, which by possibility may be good; If Land be given to a man, and to a woman married to another man, and the heirs of their two bodies, this is a present estate Tail, because of the possibility.   

24. Ex nudo pacto non oritur actio.  
No man is bound to his promise, nor any use can be raised without good consideration.  
A consideration must be some cause or occasion which must amount to a recompense in Deed, or in Law, as money, or natural affection, not long acquaintance, nor great familiarity.   

25. The Law favoureth a thing that is of necessity.  
As to pay several expenses, shall not be said to Administer; to distrain in the night, damage pheasant, to kill another to save his own life.  
A servant to beat another to save his Master, if he cannot otherwise choose.  
To drive another man's cattle amongst mine own, until I come to a place to shift them, is no Trespass.   

26. And for the good of the Commonwealth.  
As killing of Foxes, and the pulling down of an house of necessity to stay a fire.   

27. Communis error facit jus.  
As an Acquittance made by a Major alone, where there be a hundred precedents, is good.   

28. And things that are in the Custody of the law.  
Goods taken by Distress, shall not be taken in Execution for the debt of the owner thereof.   

29. The husband and the wife are one person.  
They cannot sue one another, nor make any Grant one to another: And if a woman marry with her Obligor, the debt is extinct; and she shall never have any action, if another were bound with him; for by the marriage the Action is suspended; and an action personal suspended against one, is a discharge to all.   

30.  
An Obligation with a condition to enfeoff a woman before such a day, and before the day the Obligor taketh her to wife, the obligation is forfeited, because he cannot infeoff her, but he may make a lease for years with a remainder to his wife.  
When a joint Purchase is, during the marriage, every one shall have the whole.  
When a joint purchase, during the marriage, is made, and the husband sell; the wife shall have a Cui in vitâ for the whole against both, and on a feoffment made to one man and his wife, and to a third person, the third person shall have one moiety.   

31. All that a Woman hath, appertaineth to her Husband.  
Personal things, and things absolutely real, as Lands, rents, and so forth, or Chattels real, and things in Action, are only in her right; notwithstanding real things, and things in Action, he may dispose at his pleasure, but not Will or charge them; and he shall have her real Chattels, if he survive. Of things in Action, the woman may dispose by her last Will, and she may make her husband her Executor, and he shall recover them to the use of the last will of his wife.  
If a Leassee for years grant his term to a man, or woman, and to another, they are joint-tenants; But if goods be given to her and to another, her husband and the other are Tenants in common.  
The Husband may release an Obligation, or trespass for goods taken when his wife was sole, and it shall be good against the woman if he die; but if he die without making any such Release, the woman shall have the Action, & not the Executor of her husband.  
The woman surviving, shall have all things in Action; or her Executors, if she die.  
The Husband shall be charged with the debts of his wife but during her life.   

32, The will of the Wife, is subject to the will of her husband.  
Note, a Feoffment made to the wife, she shall have nothing, if her husband do not thereunto agree.    

MORAL RULES.  

33.  
THe Law favoureth works of Charity, right, and truth, and abhorreth fraud, coven and incertainties, which obscure the truth; contrarieties, delays, unnecessary circumstances, and such like.   

34. Dolus & fraus una in parte sanari debet.  
No man shall take benefit of his own wrong; if a man be bound to appear at a day, and before the day the Obligee casts him in prison, the bond is void.  
A Grant of all his woods in B. Acre, which may be reasonably spared, is a void Grant, if it be not reserved to a third person, to appoint what may be spared.  
A Feoffment made in Fee of two Acres to two men, Habend one acre to one, and the other acre to the other; this Habend▪ is void.   

35. Lex neminem cogit ad impossibilia etc.,  
The Law compelleth no man to show that which by intendment he doth not know; as if a servant be bound to serve his Master in all his commandments lawful, it is a good Plea, to say, he served him lawfully.  
A Covenant to make a new Lease upon the Surrender of the old Lease, and after the Covenanter doth make a Lease by Fine, for more years to estrange, the Covenant is broken, although the Lessee did not surrender, the which by the words ought to be the first Act, for that the other had disabled to take, or to make.    

LAW CONSTRUCTIONS.  
THe Law expoundeth things with equity and moderation, to moderate the strictness; it is no Trespass to beat his Apprentice with a reasonable correction, or to go with a woman to a Justice of Peace, to have the peace of her husband, against the will of her husband, which equity doth restrain the generality, if there be any mischief or inconvenience in it; As if a man make a feoffment of his lands in, and with Common, in all his Lands in C. the Common shall be intended within his Lands in C. and not in his other Lands he shall have elsewhere.  

36. Every Act shall be taken most strictly against him that made it.  
As if two Tenats in Common, grant a Rent of 10. shillings, this is several, and the Grantees shall have 20. shillings: but if they make a Lease, and reserve 10. shillings, they shall have only 10. shillings between them▪  
So an obligation to pay 10. shillings at the feast of our Lord God; it is no Plea to say that he did pay it; but he must show at what time, or else it will be taken he paid it after the feast.   

37. He that cannot have the effect of a thing, shall have the thing itself.  
Vtres magis valeat quam pereat.  
As if a Termor grant his Term, Habendum immediate è post mortem suam; the Grantee shall have it presently.   

38. When many join in one Act, the Law saith it is the Act of him that could best do it, and that thing should be done by those of best skill.  
As the Disseizee, and the heir of the Disseizor, who is in by descent, join in a Feoffment; This shall be the Feoffment of the heir only, and the confirmation of the Disseizee.  
And the Merchant shall weigh the Wares, and not the Collectors▪   

39: When two titles concur, the elder shall be preferred.   

40: By an acquittance for the last payment, all other Arrearages are discharged.   

41: One thing shall enure for another:  
If the Leasor enfeoff the Lessee for life, it shall be taken for a confirmation▪   

42. In one thing, all things following shall be concluded, in granting, demanding, or prohibiting.  
If one except a Close, or a Wood, the Law will give him a way to it.   

43. A man cannot qualify his own Act.  
As to release an Obligation until such a time.   

44. The construction of the Law may be altered by the special agreement of the parties.  
If a house be blown down by the wind, the Lessee is excused in waste; but if he have covenanted to repair it, there an Action of Covenant doth lie by the agreement of the parties.   

45.  
The Law regardeth the intent of the parties, and will imply their words thereunto; and that which is taken by common intendment, shall be taken to the intent of the parties; and common intendment is not such an intendment as doth stand indifferent; but such an intent as hath the most vehement presumption. All incertainty may be known by circumstances, every deed being done to some purpose, reason would that it should be construed to some purpose, and variance shall be taken most beneficial for him to whom it is made, and at election.   

46.  
An intendment of the parties shall be ordered according to the Law.  
If a man make a Lease to a man, and to his heirs, for ten years, intending his heirs shall have it, if he die, notwithstanding the intent, the Executors shall have it.   

47. Qui per alium facit, per seipsum facere videtur.  
A promise made to the Wife in consideration of a thing to be performed by her Husband, if he agree, and perform the Consideration, in an Action of the case, he shall declare the assumption was made to him.  
And if my servant sell my goods to another in deqt I shall suppose, he bought them of me.    

CUSTOMS. Consuetude est altera lex.  
Customs are of two sorts; General Customs in use throughout the whole Realm, called Maxims; and particular Customs used in some certain County, City, Town, or Lordship, whereof some have been specified before, and some follow here, and where occasion is offered.   

GENERAL CUSTOMS.  
THe King's Excellency is so high in the Law, that no Freehold may be given to him, nor derived from him, but by matter of Record.  
Every Maxim is a sufficient authority to itself; and which is a Maxim, and which is not, shall always be determined by the Judges, because they are known to none but to the learned.  
A Maxim shall be taken strict.  
A particular Custom, except the same be a Record in some Court, shall be pleaded, and tried by 12. men.    

CHAP. II. Statutes.  
THe last ground of the Laws of England standeth in divers Statutes made by our Sovereign Lord the King, and his Progenitors, and by the Lords Spiritual, and Temporal, and the Commons in divers Parliaments, in such cases where the former Laws seemed not sufficient to punish evil men, and to reward the good.  
Of general Statutes the Judges will take notice if they be not pleaded, but not of special, or particular.  
All Acts of Parliaments, as well private as general, shall be taken by reasonable construction, be collected out of the words of the Act only, according to the true intention and meaning of the maker.  
Four lessons to be observed, where contrary Laws come in question.  
1. The inferior Law must give place to the superior.  
2. The law General must yield to the Law special.  
3. Man's laws to God's Laws.  
4. An old law to a new law.  
And oftentimes all these laws must be joined together to help a man to his right; as if a man disseized, and the disseizor made a Feoffment to defrand the plaintiff, in this case, it appears that the said unlawful entry is prohibited by the law of Reason.  
But the Plaintiff shall recover double damage, and that is by the Statute of 8 Hen. 6. And that the damage shall be sessed by 12. men, that is, by the custom of the Realm, and so in some case, these three laws do maintain the Plaintiff's right.  
And these laws concern either men's possessions, or the punishment of offences.  
And so much shall be sufficient to be said touching common Law, Customs, and Statutes.  

CONCERNING POSSESSIONS.  
The difference between Possession and Seizing, is,  
Lease for years is possessed, and yet the Lessor is still seized; and therefore the terms of the Law are, that of Chattels a man is possessed; whereas in Feoffments, gifts in tail, and Leases for life, he is called seized.    

CHAP. III. Of possession of Franktenement.  
TEnant in Fee-simple, is he which hath Lands, or Tenements to hold to him and his heirs for ever. It is the best Inheritance a man may have; He may sell, or grant, or make his Will of those Lands.  
And if a man die, they do descend to his heir of the whole blood.   

CHAP. IV. FEE-TAIL.  
Fee-tail is, of what body he shall come that shall inherit.  
Tenant in Tail, is said to be in two manners.  
Tenant in Tail General, and Tenant in Tail Special.  
GEneral Tail is, where Lands or Tenements be given to a man, and his wife, and to the Heirs of their two bodies, or to his heirs males, or to his heirs females.  

Tenant in Tail, is not punishable for waste.  
Tenant in Tail cannot Will his Lands, nor bargain, sell or grant, but for term of his life, without a Fine, or Recovery.  
If a man will purchase lands in Fee, it behoveth him to have these words, Heirs, in his purchase.  
If a man would grant Lands in Tail, it behoveth him to appoint what body they shall come of.  
Yet a devise of lands to a man and his heirs males, is a good entail; and of lands to a man for ever, a good Free-Simple.   

How Lands shall descend.  
Inheritance is an estate which doth descend; it may not lineally ascend from the son which purchaseth in Fee, and dyeth, to his Father; but descendeth to his Uncle or Brother, and to his heirs, which is the next of the whole blood, for the half blood shall not inherit: But the most worthy of Blood, as of the blood of the Father before the Mother; of the elder Brother before the other, and borne within espousal.  
A descent shall be intended to the heir of him which was last actually seized; That the Sister of the whole blood, where the elder Brother did enter after the death of his Father, and not his Brother of the half blood, nor any other collateral Cousin shall inherit; yet notwithstanding such a one is heir to a common Ancester; in which Rule, every word is to be observed, and so in every Maxim, if the Land, Rent, Advowson, or such like do descend to the elder Son, and he die before any entry, or receipt of the rent, or presentment to the Church, the younger son shall have and inherit; and the reason is, because that in all inheritances in possession, he which claimeth title there unto as heir, aught to make himself heir to him that was last actually seized.  
Here the possession of the Lessee for years, or of the Guardian, shall invest the actual possession, and Franktenement in the elder brother.  
But he dying seized of a Reversion, or a Remainder, or an estate for life, or in tail; There he which claimeth the Reversion, or Remainder as heir, aught to make himself heir to him that had the Gift, or made the purchase.  
Feodo excludeth an estate tail, where the second son shall inherit before the daughter.  
And if the Lands be once settled in the blood of the father, the heir of the mother shall never have them, because they are not of the blood of him that was last seized.  
And to the heir of the blood of the first Purchaser;  
As if the Father purchase Lands, and it descendeth to the son, who entereth, and dieth without heirs of the Father's part, than the Lands shall descend to the heirs of the mother or father of the father, and not to the heirs of the mother of the son; although they are more near of blood to him that was last seized, yet they are not of the blood of the first Purchaser.  
If the heirs be females in equal distance, as Daughters, Sisters, Aunts, and so forth, they shall inherit together, and are but one heir, and are called Parceners.   

Gavill-kinde.  
Doth descend to all the sons, and if no sons, to all the daughters: And may be given by Will by the Custom.    

CHAP. V. PARCENERS.  
Parceners are of two sorts.  
Women and their heirs by the Common law. Men by the Custom.  
THey may have a Writ of Partition, and the Sheriff may go to the Lands, and by the oath of 12: men, make Partition between them, and the eldest shall have the Capital Message by the Common Law, and the youngest by the Custom; Where the parties will not show to the Jewry the certainty, there they shall be discharged in conscience, if they make Partition of so much as is presumed and known by presumptions and likelihoods.  
Parceners' may by agreement make partition by Deed, or by Word, and the eldest first choose, unless their agreement be to the contrary.  
Every part at the time of the partition must be of an even yearly value, without encumbrance.  
Rend may be reserved for equality or Partition (and may be distrained for) without a Deed.  
Parceners by divers descents, before partition, being disseized, shall have one assize.  
A Parcener before partition, may charge, or demised her part.  
The entry or Act of one Copartner, or joint-tenant shall be the Act of both; when it is for their good.  
If a Parcener after Partition be entered, she may enter upon her Sister's part, and hold it with her in Parcenary, and have a new Partition, if she hold none of her part before she was outed, viz. in exchange.   

CHAP. VI joint-tenants.  
Ioynttenants be such as have joint estates in goods, or lands, where he that surviveth shall have all without encumbrance, if the Tenements abide in the same plight as they were granted.  
joint-tenants may have several estates;  
A joint-tenant cannot grant a Rent-charge, but for term of his own life.  
A joint-tenant may make a Lease for life, or for years, of his part, or Release, and the Lessee for years may enter, although the Lessor die before the Lease begin, and his heir shall have the Rent, but the Survivor the Reversion.  
A joint-tenant may have a Writ of Partition by the Statute of the 31. of H. 8. cap. 32. A Partition made by joint-tenants, or Tenants in Common of Estates of Inheritance, must be by Indenture; by Word 'tis void.   

CHAP. VII. TENANTS in COMMON.  
Tenants in Common, are those that hold Lands and Tenements by several titles.  
They may join in action personal, but they must have several actions Real.  
They may have a Writ of Partition by the Stat. of 31. H. 8. cap. 32.  
IF one Parcener, joint-tenant, or Tenant in Common take, all the other have no Remedy, but by Ejectione firm, or such like, or Waste.  

Gavil-kinde-Lands.  
Tenant by the courtesy of Kent, whether he have Issue or no, until he marry, and so forth, he may not commit Waste.    

CHAP. VIII. TENANT in DOWER.  
A Woman shall be endowed of all sorts of inheritance of her husband, where the Issue that she had by him may inherit, as heir to his father, by meets, and bounds of a third part,  
She shall have houseroom, and meat, and drink in common, for forty days; But she may not kill a Bullock within those 40. days after the death of her husband, in which time her Dower ought to be assigned her.  
The Assignment by him that had the Franktenement is good, but by him that is Guardian in Soccage, or Tenant by Elegit, verte Elegit, or Statutes, or Lessee for years, is not.  
She is to demand her Dower on the Land.  
She shall recover damages when her husband died seized, from the death of her husband; if the heir be not ready at the first day to assign her Dower.  
She shall have all her Chattels real again, execept her husband sell them; he may not charge them, or give them by his Will; and likewise her bonds, if the money were due in the life of her husband, and all convenient apparel; but if she have more than is fit for her degree, it will be assets.  
A woman shall be barred of her Dower so long as she detaineth the body of the heir, being Ward, or the Writing of the sons Land.  
A woman shall not be endowed of any lands that her husband jointly holdeth with another, at the time of his death.  

Dower of Gavil-kind Lands.  
If the woman shall be endowed of one half so long as she is unmarried, and chaste, and it may be held with the heir in Common.  
It is of Lands and Tenements, and not of a Fair or such like; where the Heir loseth not his inheritance, there she loseth not her Dower.   

Jointure.  
IF a woman have a Jointure be fore marriage, she may claim no Dower, 27. Hen. 8.  
If it be made during marriage, she may enter into her Jointure presently.  
If she enter, or accept of it, she shall not be endowed.  
If she shall be expulsed of any part of her Jointure, she shall be endowed of the residue of her husband's Lands.    

CHAP IX. Tenant for term of Life.  
TEnant for term of life, is he that hath Lands or Tenements for term of his life, or another man's life, and none of lesser estate may have a freehold.  
If a Tenant for life sow the Lands and die before the corn be reaped; his Executor shall have it, but not the Grass, nor other fruit.  
If a Tenant for life be impanelled upon an Inquest, and forfeit Issues and die, they shall be levied upon him in the Reversion; and so likewise if the Husband, on the Lands of the Wife.   

CHAP. X. Tenant for Term of years.  
Tenant for term of years, is where a man letteth lands or tenements to another for certain years.  
HE may enter when he will, the death of the Lessor is no let, and may grant away his term before it begin; but before he enter, he cannot Surrender, nor have any action of trespass, nor take a release.  
He is bound to repair the Tenements.  
The Lessor may enter to see what Reparations or Waste there is, and he may distrain for his rent or have an action of debt.  
If Tenant for life or years granteth a greater estate than he hath himself, he doth forfeit his term.   

CHAP. XI Tenant at Will.  
Tenant at Will is he that holdeth lands, or tenements at the Will of another.  
THe Lessor may reserve a yearly rent, and may distrain for it, or have an Action of debt; the Lessee is not bound to repair the Tenements.  
The Will is determined by the death of the Lessor, or of a woman Lessee by her marriage, or when the Lessee will take upon him to do that which none but the Lessor may do lawfully, it determineth the Will and Possession, and the Lessor may have an action of Trespass for it.  
The Lessee shall have reasonable time to have away his goods, and his corn; But he shall lose his Fallow, and his dung carried forth.   

CHAP. XII. REMAINDER:  
A Remainder is the residue of an estate at the same time appointed over, and must be grounded upon some particular estate given before▪ granted for years or for like, and so forth.  
And aught to begin in possession, when the particular estate endeth, there may be no mean time between; either by Grant or Will.  
No remainder can be of a Chattel personal; a Remainder cannot depend on a matter ex post facto, as upon Estate tail, upon condition That if the Tenant in Tail sell, than the Land to remain to another, is a void Remainder.   

CHAP. XIII. REVERSION.  
A Reversion is the residue of an estate that is left after some particular estate, granted out in the Grantor; as if a man grant Lands for life, without further granting; the Reversion of the Fee-simple is in the Lessor.   

CHAP. XIV. WASTE:  
WASTE lieth against a Tenant by the courtesy, for life, for years, or in Dower, and they shall lose the place wasted, and treble damages.  
Waste lieth not against a Tenant by Elegit, Statute-Merchant, or Staple; but account after the debt or damage levied.  
Waste, or account will lie against a Tenant in Mortgage, because he had Fee conditional.  
Waste is not given to the heir for Waste in the life of his Father.  
Waste is given against the Assign of the Tenant for life, or of another's life, but not against the Assignee of a Tenant in Dower, or of the courtesy, it is to be brought against themselves.  
It is Waste to pull up the forms, benches, doors, windows, walls, Filbert-Trees, or Willows planted.   

CHAP. XV. DISCONTINUANCE.  
DIscontinuance is where a man that hath the present possession, by making a larger estate than he may, divesteth the inheritance of the Lands or Tenements out of another, and dieth, and the other hath right to have them, but he may not enter, because of such alienation, but is put to his Writ.  
If a man seized in the right of his Wife, or if a Tenant in Tail made a Feoffment, and died, the Wife might not enter, nor the Issue in Tail, nor he in Reversion, but are put to the Waction.  
Now the wife may enter by the Statute, 3: 2. H. 8. and a recovery suffered by the Tenant by courtesy, or by the Tenant after possibility of issue extinct, or for term of life, is now made no discontinuance.  
Such things that pass by way of a grant by deed without livery, and seizing, cannot be discontinued as a reversion, or Rent-charge Common, etc.  
A Release or Confirmation without Warranty, maketh no discontinuance.   

CHPP. XVI. DESCENTS.  
Descents which take away entries, is where a man disseizeth another, and dieth, and his heir entereth, or maketh a Feoffment to another in Fee, or in tail, and he dieth, and his heir entereth; these descents put a man from his entry.  
A descent, during minority, marriage, non sanae mentis, imprisonment, or being out of the Realm, do not take away an entry.  
Descents of Rents in gross, the Lord notwithstanding may distrain.  
A dying seized of a term for life, or of a Remainder, or Reversion, doth not take away an Entry, he must die seized in Fee▪ and Franktenement.  
A diseizin cannot be to one joint-tenant or Parcener alone, if it be not to the other.  
If a condition be broken after a descent, the Donor, Feoffor, or his heirs may enter.  
A wrongful diseizin is no descent, unless the diseisor have quiet possession five years without entry, or claim, 32. H. 8.   

CHAP. XVII. CONTINUAL CLAIM:  
COntinual Claim is a demand made by another of the property or possession of a thing which he hath not in possession, but is withholden from him wrongfully; defeateth a descent, happening within a year and a day after it is made, and now by the statute within five years.   

CHAP. XVIII REMITTER.  
REmitter is, when by a new title, the Franktenement is cast upon a man, whose entry was taken away by a descent, or discontinuance, he shall be in by the elder title; as if Tenant in tail discontinue the tail, and after diseizeth his continuance, and dieth thereof seized, and the land descend to his Issue, in that case he is said to be in his Remitter, viz. seized his Ancient Estate tail.  
When the entry of a man is lawful, and he taketh an estate to himself, when he is of full age, if it be not by Deed indented, or matter of Record which shall estop him, it shall be to him a good Remitrer.  
A Remitter to the Tenant shall be a Remitter to him in the remainder, and reversion   

CHAP. XIX. TENORS.  
ALL lands are holden of the King immediately, or of some other person, and therefore when any that hath Fee, dyeth without heir, the lands shall escheat to the Lord.  
And they are holden for the most part either by Knight's service, or in Soccage.  
Knight's Service draweth to it Ward, Marriage, and Relief, viz.  

Of Ward, Marriage, and Relief.  
THe heir male unmarried, shall be in Ward until 21 years of age.  
If he be married in the life of his Ancestors, yet the Lord shall have the profit of the ●●nd till his full age.  
None shall be in Ward during the life of ●he Father.  
If the heir refuse a convenient marriage, he shall pay to the Lord the value, when he cometh to full age.  
If the Ward marry against the will of the Guardian, he shall pay him the double value of his Marriage; but if the heir be of the full age aforesaid, he shall pay a relief.  
A relief for a whole Knight's Fee, is 5l for half a Knights Fee 50s. for a quarter 25, for more, more; for less, less, accordingly.  
A Relief is no service, but is incident to a Service, the Guardian must not commit Waste, viz. Chattels.   

Tenure in Soccage.  
TEnure in Soccage is, where the Tenant holdeth of his Lord by fealty, suit o● Court, and certain Rent for all manner of Service.  
The Lord shall not have the Wardship but a relief presently after the death of his Tenant.  
A Relief for Soccoge land, is a years ren● and is to be paid presently upon a descent o● purchase. As if the Land were held by Fealty and 10s. Rent per annum, ●0s. shall be pai●… for Relief.  
The next of the kin to whom the inheritance may not descend, shall have the Wardship of the Land, and of the heir, until his age of 14. years, to the use of the heir, at which age, the heir may call him to account.  
If the Guardian die, the heir cannot have an Action of account against the Executor of the Guardian.  
The Executor of the Guardian may not have the Wardship, but some other of the next of kin; the Husband may not alien the interest of the Wife, in the Guardianship, nor hold it; if she die, it may not be sold.  
If another man occupy the Lands of the heir, as warden in Soccage, the heir may call him to account, as Guardian.  
If the Guardian hold the Lands, after the heir is 14. the heir shall call him to account, as his Bailiff.   

Gavill-kinde.  
THe next of kin shall have the Guardianship of the body, and lands until the heir be 15. years of age.   

Diversities of ages.  
A man hath but two ages.  
The full age of Male and Female is one and twenty.   

A Woman hath six ages.  
THe Lord her father may distrain for aid for her marriage, when she is seven. She is double at nine.  
She is able to assent to Matrimony at twelve.  
She shall not be in Warde, if she be fourteen.  
She shall go out of Ward at sixteen.  
She may sell, or give her lands at 21.  
No man may be sworn in any Jury, before he be 21. before which age, all gifts, grants, or deeds as do not effect by delivery of his own hands, are void, and all others voidable, except for necessary meat, drink, and apparel, etc.  
An infant may do any thing for his own advantage, as to be Executor, or such like; an Infant shall sue by his next friend, and answer by his Guardian.   

Gavill-kind.  
The heir may give or sell at fifteen years of age.  

1. The land must descend, not be given him by Will.  
2. He must have full recompense.  
3. It must be by Feoffment, and livery of seizing with his own hands, not by warrant of Attorney, nor any other conveyance.   
BY the Civil Law, an Infant may be Executor at 17. years of age.  
An Infant may make a Will of his goods at 14. years of age, and a Maid at 12.    

CHAP. XXI. RENTS.  
There are three manners of Rents.  

Rent-Service.  
Rent-Charge.  
Rent-Seck.   
REnt-Service is, where a man holdeth his lands of his Lord by certain Rent, and so forth.  
Rent-Charge is granted, or reserved out of certain Lands by Deed, with a clause of distress.  
Rent-Seck, is a Rent granted without a distress; or Rent-service, severed from other service, becometh a Rent-seck.  
The Reversion of a Rent without a Deed, is void if the Reversion be not in the reservor; if a Rent be granted from the Reversion, it is a Rent-seck  
He which is not seized of a Rent-seck, is without remedy for the same.  
The gift of a penny by the Tenant, in name of seizing of a Rent-seck, is a good possession and seizin.  
No Rent may be reserved upon any Feoffment, Gift, or Lease, but only to the Donor, and his heirs, not to any stranger.  
A Rent-charge is extinct by the Grantees purchase of parcel of the Land, but by the purchase of any of his Ancestors it shall not, it shall be apportioned like Rent-service, according to the value of the land; but if the whole Land descend of the same inheritance, the rent is extinguished.  
By the grant of the Reversion, the rents and Services pass: If Rent be granted to a man without more; saying, he shall have it for term of his life.  
If the Lord accept of Rent or service of the Feoffment, he excludeth himself of the Arrearages of the time of the Feoffment.  
For a Rent-charge behind, one may have an Action of annuity, or distrain.  

Distress.  
For what, when, and where a man may distrain.  
A man may distrain for a Rent-Charge, Rent-Service, Herriot▪ service, and all manner of Service, as  

Homage.  
Escuage.  
Fealty.  
Suit of Court.  
And Relief, etc.   
HErriot custom must be seized: and for Amerciaments, in a Leete, upon whose ground soever it be in the liberty; a man may not distrain for rent, after the Lease is ended, nor have debt upon a Lease for life, before the estate of Franktenement be determined.  
A man may not distrain in the night, but for damage Feasant.  
A man may not distrain upon the possessions of the King, but the King may distrain of any Lands of his Grantee, or Patentee.  
A man may not distrain the beasts of a stranger that come by escape, until they have been Levant, and Couchant on the ground, but for damage Feasans.  
A man may not distrain the Oxen of the Plough, nor a Millstone, nor such like that is for the good of the Commonwealth, nor a Cloak in a Tailor's shop, nor victuals, nor corn in sheaves, but if it be in a Cart, for damage Feasans.  
A distress must be always of such things as the Sheriff may make a Replevin.  
A man may not sever horses joined together, or to a cart.  
If a man put cattle into a pasture for a week, and afterwards I. N. doth give him notice that he will keep them no longer, and the owner will not fetch them away; I. N. may distrain them damage Feasans.  
If a man take beasts damage Feasans, and driving them by the high way to a pound, the beasts enter into the house of the owner, and the taker prayeth the delivery of them, and the owner will not deliver them: a Writ of Rescous lieth.  
If a man distrain goods, he may put them where he will.  
But if they perish, he shall answer for them.  
If cattle, they ought to be put in a common pound, or else in an open place, where the owner may lawfully come and feed them, and notice given to him thereof, and then if they die, it is in default of the owner.  
cattle taken damage Fesans, may be impounded in the same land; but goods or cattle taken for others things may not.  
Sheep may not be destreined, if there be a sufficient distress besides.  
No man shall drive a distress out of the County wherein it was taken.  
No distress shall be driven forth of the hundred, but to a pound Overt within three miles.  
A distress may not be impounded in several places, upon pain of five pounds, and treble damage,  
Fees for impounding one whole Distress, Four pence.  
The executor or administrator of him which had Rend or Fee-farm in Fee, in Fee-tail, or for life, may have debt against the Tenant that should pay it, or distrain: and this is by the Statute 32: H. 8.  
So may the husband after the death of his Wife, his Executor, or Administrator. So may he which hath Rend for another man's life, distrain for the arrearages after his death, or have an action of Debt, 32. H. 8.  
But if the Landlord will distrain the goods, or cattle of his Tenant, and do sell them, or work them, or convert them to his own use, he shall be executor of his own wrong.    

CHAP. XXIII. Diseizin of Rents▪  
Three causes of Diseizin of Rents-Service.  

Rescous.  
Replevin.  
Enclosure.   
Four of Rent-Charge, Denier, & Enclosure. Forestall is a Diseizin of all.  
Forestall is, when the Tenant doth with force, and arms, waylay, or threaten in such manner, that the Lord dareth nor distrain, or demand the Rent.  
Denial is, if there be no distress on the Land, or if there be none ready to pay the Rent, etc.  
And of such diseizins, a man may have an action of Novel diseizin against the Tenant, and recover his Rent, and arrearages, and his damage and costs; and if the Rent be behind another time, he shall have a Redisseizin, and recover double damage.  

Rescous, and Pound-breach.  
IF the Lord distrain when there is no rent nor service behind, the Tenant may not rescue; otherwise if another distrain wrongfully; but no man may break the Pound, although he did tender amends before the cattle were impounded.  
If the Lord come to distrain, and see the beasts, and the servant drive them out of his fee, the Lord may not have Rescous, because he had not the Possession, but he may follow them, and distrain, but not damage feasans.    

CHAP. XXIV. COMMON.  
COMMON is the right that a man hath to put his beasts to pasture, or to use, and occupy ground that is another man's.  
There be divers Commons, viz. Common in gross, Common appendent, Common appertinant, Common, because of neighbourhood, viz. the terms of Law.  
The Lords of Wastes, Woods and pasture, may approve against their Tenants and neighbours with common appertenant, leaving them sufficient Common, and pasture to their Tenants.  
As if one Tenant, surcharge the Common; the other Tenants may have against him a Writ de admensuratione pasturae; But not against him that hath Common for beasts without number, neither may the Lord enclose from such Tenants: if he do, the Tenant may bring an assize against him, and recover Treble damage, but the Lord may have a quo jure, and make the Tenant show by what title he claimeth.   

CHAP. XXV. WAYS.  
The King's highway is that which leadeth from village to village.  
A common highway is that which leadeth from a village into the fields.  
A private way is that which leadeth from one certain place unto another, 3. Ed. 3.  
IN the King's highway, the King hath only passage for himself and his people; and the Franktenement, and all the profits are in the Lord of the soil, as they be presented at the Leete.  
Of a Common highway, the Franktenement and profits are to him that hath the land next▪ thereto adjoining, and if it be stopped, and I be damnified by it, I have no remedy, but by presentment in the Leete.  
If a private way be straitened, or if a bridge there, which another aught to repair, be decayed, an action of the case lieth; But if the way be stopped, an Assize of Nuisance lieth, and the Lessee may have it after the Lessors years begin, or the Lessee may have an action of the case: if the most part of a Water-Way, be stopped, an Assize will lie.   

CHAP. XXVI. LIBERTIES.  
A Liberty is, a royal privilege in the hands of a subject.  
ALL Liberties are derived from the Crown, and therefore are extinguished if they come to the Crown again by escheat, forfeiture, or such like, for the Greater doth drown the lesser.  
One may have Park, a Leete waif, stray, wreck of Sea, and ●enura placitorum, by prescription, and without allowance in Eyre.  
But not Cognizance of plea, nor Cattalla fellonum, vel fugitinorum, aut ut ligatorum  
A liberty may be forfeited by misusing, as to keep a market otherwise than it is granted.  
A liberty may be forfeited for not using, when it is for the good of the Commonwealth; as not to exercise the Office of the Clerk of the Market; but not to use a market, is not.  
Whatsoever is in the King, by reason of his Prerogative, may not be granted, or pardoned by general words, but by special.   

CHAP. XXVII. Of Chattels Real.  
Chattels Real, are Guardianships, Leases for years, or at will, etc.  
GUardianship is a Commodity of having the custody of the body, or lands, or both, where the heir is within age; and the Lord of whom the Land is holden, by Knight's service, shall have the same to his own use; for it is a Chattel Real, and therefore his Executor shall have it.  
The Guardian must not do waste, nor in▪ feoff, upon pain of losing the Wardship. But he must maintain the buildings out of the Issues of the Lands, and so restore it to the heir.  
If the Committee of the King commit, the Wardship shall be committed to another; if the Grantee, he shall lose the Wardship.  
And one of the friends of the Ward, being his next friend that will, may sue for him.  
If a Lease be made to a man and his heirs for 20. years, it is a Chattel, and his Executor shall have it; otherwise if a man Will a Lease to a man and his heirs, here the word Heirs, are words of purchase, and his heirs shall have it▪  
If a man grant, Proximam advocationem to I. S. and his heirs, it is but a Chattel, for it is but for unicâ vice.  
Writings pawned for money lent, are Chattels.  
If a woman have execution of Lands by Statute-Merchant, and taketh a husband, he may grant it, for it is a chattel.  

Of Chattels Personal.  
Chattels Personal, are Gold, Silver, Plate, Jewels, Utensils, Beasts, and other Chattels, and movable Goods whatsoever; Obligations, and Corn upon the ground.  
All goods, as well movable, as unmoveable, Corn upon the ground, Obligations, right of Actions, money out of bags, and corn out of sacks, Sunt Cattalla.  
Money is not to be passed by the grant of all his goods, and Chattels; nor Hawks, nor Hounds, nor other things; ferae naturae, for the property is not in any, not after they are made tame, longer than they are in his Possession; as my Hounds following me, or my man, or my Hawk flying after a foul, or my Deer haunting out of my Park. But if they stray of their own accord, it is lawful for any man to take, and the heir shall have them.  
All Chattels shall go to the Executors; Fats, and Furnaces, fixed in a Brew house, or Dyhouse by the Lessee; if they be fixed by Tenant in Fee, the heir shall have them.  
Now something hath been said concerning Possessions, it followeth, that it be showed, how they may be conveyed from one man to another.    

CHAP. XXVIII. OF CONVEYANCES.  
In every Conveyance, there must be a Grantor, and a Grantee, and something granted.  
The Conveyance of some persons is void, of others voidable.  
CONVEYANCE of a Woman Covert is void, without the consent of her husband, and it ought to be made in her and his name, except it be done as Executor to another.  
Of an Infant, that which doth not take effect with the delivery of his own hands, is void, and an Action of Trespass will lie against him, for taking the things given.  
Otherwise it is but voidable, except it be as Executor, or for necessary meat, and drink, etc. for his advantage.  
Voidable Of non sane memory, Royal.  
Voidable or made by duresse, Royal.  
voidable by the parties themselves, and their heirs, and by them that shall have their estates, except Non sane himself.  

Grants by Fine.  
voidable by Writ of Error, by an Infant▪ during his nonage, and by the Husband for a Fine levied by his Wife alone, during their marriage.  
Conveyance of some persons cannot be good for ever, without the consent of others, as the Dean without the Chapter; the Major without the Commonalty, and of other bodies politic, that have a common Seal, or of a Parson without the Patron and Ordinary.  
If there be no condition in the Conveyance, it shall be intended the elder.  
A Conveyance made to a feme Covert, shall be good, and of effect, until her husband do disagree.  
An Infant may be Grantee, so may a Woman Outlawed, a Villain, a Bastard, and a Felon.  
A Bastard can have no heir, but the Issue of his body lawfully begotten.  
An Infant at the age of discretion, by his actual entry; and a woman against the will of her husband may be a disseisor, or a Trespassor.  
In all conveyances there must be one named, which may take by force the grant, at the beginning of the grant.  
A grant made to the right heirs of one that is dead, is good, or Custodibus Eccle. is good for goods.  
All Chattels, real or personal, may be granted; or given without a Deed.  
Rent-service, Rent-seck, Rent-charge, Common of Pasture, or of Turbarie, Reversion, Remainder, advowson, or other things which lieth not in manual occupation, may not be conveyed for years, for life, in tail, or in Fee, without writing.  
The Major, or Commonalty, or such like, cannot make a Lease for years, without a Deed.    

CHAP. XXIX. OF DEEDS.  
Three things needful, and pertaining to every Deed; Writing, Sealing, and delivering.  
IN the Writing must be showed the persons names, their dwelling place, and degree. The things granted, upon what consideration, the estate, whether absolute, or conditional, with the other circumstances, and the time when it was done.  
No grant can be made, but to him that was party to the Deed; except it be by way of Remainder.  
The words must be sufficient in Law to bind the parties; as if a man grant omnes terras certa sua, a Lease for years passeth not, but for Franktenement, at least, nec per omnia bona sua.  

Exceptio semper ultimo ponenda est:  
THe Habendum must include the premises:  
A Condition cannot be reserved, but by the Grantor, and it is proper to follow the Habend. presently.  
The Habendum, or Condition must not be  
Repugnant to the Premises, if it be, it is void, and the Deed will take effect by the Premises.  
A Warrant is good, although it extend not unto all the Lands, nor to all the Feoffees, or made by one of the Feoffors.  
If it be razed, or interlined in the Date, or in any material place, it is very suspicious.   

Of Sealing.  
A Writing cannot be said to be a Deed, if it be not sealed, although it be written, and delivered, it is but an Escrowe.  
And if it were sufficiently sealed, yet if the Print of the seal be utterly defaced the Deed is unsufficient; it is not my Deed.  
It may not be pleaded, but it may be given in Evidence.   

Of Delivery.  
A Deed taketh effect by the delivery, and if the first take any effect, the second is void.  
A Jury shall be charged, to inquire of the delivery, but not of the date, yet every Deed shall be intended to be made, when it doth bear date.   

Diversity in delivering of a WRITING.  

As a Deed.  
As Escrow.   
THis Delivery ought to be done by the party himself, or by his sufficient Attorney, and so it shall bind him, whosoever wrote, or sealed the same.  
If one be bound to make assurance, he need not to deliver it, unless there be one to read it to him before.  
And if any writing be read in any other form to a man unlearned; It shall not be his Deed, although he Seal and deliver it.   

▪ There are two sorts of Deeds.  
A Deed Poll, which is the Deed of the Grantor, a Deed indented, which is the mutual Deed of either parties; but in Law, one is the Deed of the Grantor, and the other the counter-partie, and if any variance be in them, it shall be taken as it is in the Deed of the Grantor; and if the Grantor Seal only, it is good.    

CHPP. XXX. BARGAINS and SALES.  
NO Mannor-lands, Tenements, or other hereditaments can pass, alter, or change, from one man to another, whereby an estate of Inheritance or freehold is made, or taketh effect in any person or persons, or any use thereof is made, by reason only of any Bargain and Sale therefore, except the same be made by writing indented, sealed, and enrolled in one of the Courts of Record at Westminster, or within the same Court or County where the Tenements so bargained, do lie, before the Custos Rotulorum, and two Justices of Peace, and the Clerk of the Peace, or two of them, where of the Clerk of the Peace to be one, and that within six months after the date of such writing indented, 27, H. 8.  
The enrolment shall be indented the first day of the Term, and shall have relation to the delivery of the Deed, against all strangers.   

CHAP. XXXI. FEOFFMENTS.  
A Feoffment, is an estate made by delivery of Possession, and seizing by the party, or his sufficient Attorney.  
A man cannot make livery of seizin, before he have the Possession.  
A joint-tenant cannot enfeoff his Companion.  
A Copartner make a Feoffment of his part, or release.  
A man cannot enfeoff his Wife.  
A Disseizor cannot enfeoff the Dsseizee; for his entry is lawful upon the disseizor.  
Such persons as have possession in lands for years, or for life, &c. cannot take by livery and seizin of the same Lands.  
IF a Feoffment be made, and the Lessee for years give leave to the Lessor to make Livery and seizin of the Premises, saving to himself his Lease, etc. and he doth, the term is not surrendered; for the Lessee had an Interest which could not be surrendered without his consent to surrender, & here his intent to surrender doth not appear; wherefore he may enter, & have his term & the rent is renewed, but it is otherwise with a Lessee for life, and the rent is extinct.  
The Lessor cannot make Livery and seizin against the Will of the Lessee being on the Land; But he may grant the Reversion, and if the Lessee do Attorn, the freehold will pass without Livery of seizin.  

Livery of Seizing.  
LIvery of seizin, is a Ceremony used in Conveyance of Lands, that the Common people might know of the passing, or alteration of the estate: it is requisite in all Feoffments, gifts in the tail, and Leases for life, made by deed, or without deed.  
No freehold will pass without Livery of seizin, except by way of surrender, Partition, or exchange, or by matter of Record, or by Testament.  
Livery of seizin must be made in the life-time of him that made the estate.   

Dona clandestina sant semper suspitiosa.  
BY Livery of seizing in one County, the Lands in another County will not pass.  
Livery within view, is good, if the Feoffee do enter in the life-time of the Feoffor.  
Livery may not be made of an estate to begin in Future, for no estate in Franktenement may be given in Futuro, but shall take effect presently, by Livery and Seizing.   

Of Uses.  
THe Statute of 27. H. 8. hath advanced uses, and hath established surety for him that hath the Use against his Feoffees; for before the Statute, the Feoffees were owners of the Land, but now it is destroyed, and the cestyaque Use is owner of the same; before the possession ruled the Use, but since the Use governeth the possession, Indentures subsequent be sufficient to direct the Uses of a Fine or Recovery precedent, when no other certain and full declaration was made before.   

Attorney.  
AN Attorney ought to do every thing in the name, and as the act of him which gave him the authority; as Leases in name of the Lessor, but he must say, by virtue of his Letter of Attorney, I do deliver you possession and seizin of, etc. for, etc.  
An Attorney must first take possession before he can make Livery of Seizing.  
If an Attorney do make Livery of Seizing; otherwise than he hath warrant, than it is a diseizin to the Feoffor.  
An Attorney must be made by writing sealed, and not by word.    

CHAP. XXXII. EXCHANGE.  
In Exchange, both the estates must be equal, there must be two Grants; & in every grant, mention must be made of this word exchange. It may be done without Livery of Seizing, if it be in one Shire, or else it must be done by Indenture, and by this word Exchange, or else nothing passeth without livery.  
EXCHANGE, importeth in the Law a Condition of Reentry, and a Warranty voucher, and recompense of the other land that was given in Exchange; an Assignee cannot re-enter, nor vouch, but Rebate; Exchanger may re-enter upon an Assignee. And the same condition defeated in part, is defeated in the whole, and the same law is in partition.   

CHAP. XXXIII. GRANTS.  
GRants must be certain. A Grant to I. S. or I. N. is void for the incertainty, although it be delivered to I. S. The delivery of the Deed will not make a void Grant good, or to take effect.  
The Lord cannot Grant the Wardship of his living Tenant; because of the uncertainty who shall be his heir, unless he name some person.  
When any thing is granted that is not certain, as one of my horses, than the choice is in the Grantee.  
When several things are granted, than it is in the choice of him that is to do the first Act.  
A man cannot grant, nor charge that which he never had.  
A man may charge a Reversion.  
A Parson may grant his tithes, or the Wool of his Sheep for years.  
A thing in action, a cause of a suit, right of entry, or a Title for a condition broken, or such like, may not be given or granted to a Stranger; But only to the Tenant of the ground, or to him that hath the Reversion, or Remainder.  
A thing that cannot begin without a Deed, may not be granted without a Deed; as a Rent-Charge, Fair, etc. Every thing that is not given by delivery of hands, must be passed by Deed, the right of a thing real or personal, may not be given in, not released by Word; a Rent of condition, or a reentry may not be reserved to one that is not party to the Deed.  
All things that are incident to others, pass by the grant of them that they are incident unto.  
A man by his Grant, cannot prejudice him that hath an elder title.  
If no estate be expressed in the Grant, and Livery and seizin be made, than the Grantee hath but estate or life; But if there be such Words in the Grant, which will manifest the Will of the Granter, so his will be not against the law, the estate shall be taken according to his intent and will.  
All Grants shall have a reasonable construction, and all Grants are made to some purpose, and therefore reason would they should be construed to some purpose.  
All Grants shall be taken most strong against him that made it, and most beneficial to him to whom it is made.  
To Grants of Reversion, or of Rents, etc. there must be Attornment, otherwise nothing passeth, if it be not by matter of Record.  

ATtornment is the agreement of the Tenant to the Grant, by writing, or by Word; as to say, I do agree to the Grant made to you, or I am well contented with it, or I do Attorne unto you, or I do become your▪ Tenant, or I do deliver unto the Grantee a penny, by way of seizing of a Rent, or pay, or do but one service only in the name of the whole; it is good for all.  
It must be done in the life-time of the Grantor.  
Without Attornment, a Signiory, a Rent-charge, a Remainder, or a Reversion, will not pass, but by matter of Record.  
Without Attornment, services pass not by the sale of the Manor, nor from the Manor, but by bargain and sale enrolled.  
Attornment must be made by the Tenant of the freehold, when a Rent-charge is granted.  
By the Attornment of the Termor to the Grantee of a Reversion, with Livery, and the Rent also, though no mention be made thereof; before attornment a man may not distrain, nor have an action of waste.  
By fine, the Lord may have the Wardship of the body, and Lands before the attornment of his Tenant.  
The end of attornment, is to perfect Grant, and therefore may not be made upon condition, or for a time.  
A Tenant that is to perfect a Grant by Attornment, cannot consent for a time, nor upon a Condition, nor for part of a thing granted: But it shall enure the whole absolutely.  
If the Tenant have true notice of all the Grant, than such Attornment is void.  
Attornment necessary upon a Devise.    

CHAP. XXXIV. LEASES.  
A Lease for years must be for a time certain, and aught to express the term, and when it should begin, and when it should end certainly; And therefore a Lease for a year, and so from year to year; during the life of I. S. but for two years, it may be made by Word or Writing; If I Lease to I. N. to hold until a hundred pounds be paid, and make no livery of seizin, he hath estate only at Will.  
A Lease from year to year, so long as both the parties please, after entry in any year, it is a Lease for that year, etc. till warning be given to depart. 14. H. 8. 16.  
A Lease beginning from henceforth, shall be accounted from the day of the delivery▪ from the making▪ shall be taken inclusive from the day of the making, or of the date exclusive.  
If Lands descend to the heirs before his entry, he may make a Lease thereof.  
A man lets a house, cum pertinent▪ no lands pass; but if a man let a house, cum omnibus terris eidem pertinent, there the lands thereunto used pass.  
If a man lets Lands, wherein is Coale-mines, quarries, and such like, if they have been used, the Tenant may use them. if they be not open, if the Tenant for them, employ them not on the Land, it is waste, likewise marl; the land is the place where the Rent is to be paid and demanded, if no other place between the parties be limited.  
Trespass is not given for paying of the Rent to the Lessor, howsoever it be payable there.  
And if a man let lands without impeachment of Waste, and a Stranger cut down the trees, and the Lessee doth bring an action of Trespass, he shall not recover for the value of the Trees, but for the Crop, and bursting of his close, and the heir of the Lessor shall have such trees, and not the Executor of the Lessee, unless they be cut by the Lessee, and enjoyed by the Grantee, without Waste.  
Lessee for years, or for life, Tenant in Dower, or by the courtesy, or Tenant in tail after possibility, etc. have only a special interest or property in the trees, being upon the ground, growing as a thing annexed unto the Land, so long as they are annexed thereunto.  
But if the Lessee, or any other sever them from the Land, the property and interest of the Lessee in them, is determined; and the Lessor may take them▪ as things that are parcel of his Inheritance, the Interest of the Lessee being determined.  
To accept the rent of a void Lease, will not make the Lease good; But avoidable it will.  
If the Husband and Wife do purchase Lands to them and the heirs of the Husband, and he make a Lease, and die; his Wife may enter, and avoid the Lease for her life, but if she die, leaving the husband, who afterward dies, before the term ends, the Lease is good to the Lessee, against the heir.  
Where it is Covenanted and granted to S. I. that he shall have five Acres of land in D. for years, this is a good Lease, for consessit is of such force as dimisit.  
If a man make a Lease for 10 years, and afterwards maketh another lease for 21 years▪ the latter shall be a good Lease for eleven years, when the first is expired.  
If the Lessee at his cost, do put glass in the Windows, he may not take the same away again, but he shall be punished for Waste; and so of Wainscot, and ceiling, if it be not fixed with Screwes.  
Tenant in tail may make a lease for such lands or inheritance, as have been commonly let to farm▪ if the old lease be expired, surrendered or ended, within one year after the making of the new; But not without impeachment of Waste, nor above 21 years, or three lives, from the day of the making, reserving the old Rent, or more, 32. H. 8. By Indenture of Lease, by Tenant in tail, for 21 years, made according to the form of the Statute, rendering the ancient, or more Rent. If the Tenant in tail die, it is a good lease against ●his Issue; But if a Tenant in tail die without Issue; the Donor may avoid this Lease by entry, 32. H. 8. 28. And if he in the Remainder, do accept the Rent, it shall not tie him, for that the Tail is determined, the Lease is determined, and void. Ed. ●. 19  
The Husband may make such a Lease of his wife's lands by Indenture, in the name of the husband and wife, and she to seal thereunto, and the rent must be reserved to the husband and his wife, and to the heirs of the wife, according to her estate of Inheritance.  
A Lease made by the husband alone, of the Lands of his wife, is void after his death; But the Lessee shall have his Corne.  
By the husband and wife, voidable, if it be not made as aforesaid.  
If a man do let Lands for years, or for life, reserving a Rent, and do enter into any part thereof, and take the profit thereof, the whole Rent is extinguished, and shall be suspended, during his holding thereof.  
The aceptation of a re-demise, to begin presently, is suspension of the Rent, before any entry; otherwise of a re-demise to begin in suturo.  

Reservations and Exceptions.  
THere are divers words, by which a man may reserve a Rent, and such like, which he had not before▪ or to keep that which he had, as Tenendum, reservandum, solvendum, saciendum, it must be out of a Message▪ and where a distress may be taken; and not out of a Rent: and it must be comprehended within the purport of the same Word.  
Exceptions of part ought always to be o● such things which the Grantor had in possession at the time of the Grant.  
The heir shall not have that which is reserved, if it be not reserved to him by special words.  
If a man make a Feoffment of Lands, and reserve any part of the profits thereof, as the grass, or the Wood, that reservation is void, because it is repugnant to the feoffment.  
A man by a Feoffment, Release, Confirmation, or Fine, may grant all his right in the Land, saving unto him his Rent-charge, etc.  
Things that are given only by taking and useing: As pasture for four Bullocks, or two loads of Wood, cannot be reserved but by way of Indenture, and then they shall take effect by way of Grant, of the Grantor, during his life and no longer, without special Words.  
Exceptions of things, as Wood, Mine, Quarry, Marle, or such like, if they be used, it is implied by the Law that they shall be used; and the things without which they cannot be had, is implied to be excepted, although no, etc.  
But otherwise, if they be not used, than the way and such like must be excepted.  
An Assignee may be made of Lands given in Fee, or for life, or for years, or of a Rent-charge, although no mention be made of the Assignee in the Grant.  
But otherwise it is of a promise, Covenant, or Grant, or Warranty.  
If a Lessee do assign over his term, the Lessor may charge the Lessee, or assign at is pleasure.  
But if the Lessor accept of the Rent of the Assignee, knowing of the assignment, he hath determined his acception, and shall not have an action of debt against the Lessee, for Rent due after the assignment.  
If after the assignment of the Lessee, the Lessor do grant away his Reversion, the Grantee may not have an action of debt against the Lessee.  
If a Lessee do assign over his interest, and die, his Executor shall not be charged for rend due after his death.  
If the Executor of a Lessee do assign over his interest, an action of debt doth not lie against him for rend due after the assignment.  
If the Lessor enter for a condition broken, or the Lessee do surrender, or the term end, the Lessor may have an action of debt for the arrearages.  
A Lease for years, vending rend, with a condition, that if the Lessee assigneth his term, the Lessor may re-enter. The Lessee assigneth, the Lessor receiveth the Rent of the hands of the assignee, not knowing of the assignment, it shall not exclude the Lessor of his entry.  
A thing in a Condition may be assigned over for good cause, as just debt: as whereas a man is indebted unto me 20. pounds, and another do owe him 20. pounds, he may assign over his Obligation unto me, in satisfaction of my debt, and I may justify the suing for the same, in the name of the other, at my own proper costs and charges.  
Also where one hath brought an action of debt against I. N. which promiseth me, that if I will aid him against I. N. I shall be paid out of the sum, in demand I may aid him.  
An assignee of Lands, if he be not named in the condition, yet he may pay the money to save his Land.  
But he shall receive none, if he be not named; the tender shall be to the Executor of the Feoffees.  
Assignee shall always be intended, he that hath the whole estate of the assignor, that is assignable; a Condition is not assignable, and not of an Executor, or Administrator: if there be such an assignee, the law will not allow an assignee in the law, if there be an assignee indeed; so long as any part of the estate remaineth to the assignor, the tender aught to be made to him or his heirs, it serveth; yet a colourable payment to the heir, shall not veste the estate out of the assignee, as a true payment will, viz. Covenant.    

CHAP. XXXVI: SURRENDERS.  
A Surrender is an Instrument testifying with apt words, that the particular Tenant of Lands, or Tenements for life, or years, doth sufficiently consent, that he which hath the next immediate Remainder, or Reversion thereof, shall also have the particular estate of the same in possession; and that he yieldeth, or giveth the same to him for ever; Surrender aught forthwith to give a present possession of the thing Surrendered unto him which hath such an estate, where it may be drowned.  
A joint-tenant cannot surrender to his fellow.  
Estating of things that may not be granted without a Deed, may be determined by the Surrender of the Deed to the Tenant of the Land.  
Lease for years cannot surrender before his Term begin; he may grant, he cannot surrender part of his Lease.  

Surrenders are in two manners;  

In Deed.  
In Law.   
A Surrender in Law, is when the Lessee for years, doth take a new Lease for more years.  
A Surrender in Deed, must have sufficient words to prove the assent, and will of the Surrenderer to Surrender; and that the other do also thereunto agree.  
The husband may Surrender his Wife's Dower for his life, and her Lease for ever.  
By Deed Indented, a man may Surrender upon condition.    

CHAP. XXXVII. RELEASES.  
A Release is the giving or discharging of a Right, or Action which a man hath or claimeth against another, or out of, or in his lands.  
A Release or Confirmation made by him that at the time of the making thereof had no right, is void; if a right come to him afterwards, unless it be with warranty, and then it shall bar him of all right that shall come to him after the warranty made.  
Release, or confirmation made to him that at the time of the Release, or Confirmation made, had nothing in the Lands, is void, it behoveth him to have a freehold or a possession and privity.  
A Release made to a Lessee for years, before his entry, is void.  
A man may not release upon a Condition, nor for a time, nor for part; But either the Condition is void, and the time is void, and the Release shall enure to the party to whom it is made for ever, for the whole, by way of extinguishment: But a man may deliver a Release to another, as an Escrowe, to deliver to I. S. as his Act and Deed if I. S. do perform such a thing, or Release upon a condition by Deed indented, may be good.  
A joint-tenant or a Rent-charge, may release, yet all the Rent is not extinct, nor yet if he purchase the lands, his fellow shall have the Rent still.  
If the grantee release parcel of a Rent-charge to the Grantor, yet all the Rent is not extinct.  
A Release to charge an estate, aught to have these words, Heirs, or words to show what estate he shall have.  
A release made to him that hath a Reversion, or a remainder in Deed, shall serve and help him that hath the Franktenement; So shall a Release made to a Tenane for life, or a Tenant in Tail, inure to him in the Reversion, or Remainder, if they may show it, and so to Trespassors and Feoffees, but not to Disseisors.  
A Release of all manner of Actions doth not take away an entry, nor the taking of ones Goods again, nor is any Plea against an Executor.  
A Release of all demands, extinguisheth all Actions Real and Personal, appeals, Executions, Rent-charge, Common of Pasture, Rent-Service, and all right, and Seizure, and all right in Lands, and property in Chattels: But not a possibility, or future duty, as a Rent payable after my death, and such like.   

CHAP. XXXVIII. CONFIRMATION.  
Confirmation, is when one ratifieth the possession, as by Deed to make his passession perfect; or to discharge his estate, that may be defeated by another entry.  
AS if a Tenant for life, will grant a Rent-charge in Fee, than he in the Reversion may confirm the same Grant.  
Whereas a man by his entry, may defeat an estate; there by his Deed of Confirmation, he may make the estate good.  
A Confirmation cannot charge an estate that is determined by express Condition, or limitation; To confirm an estate for an hour, if it be for Tenant for life, it is good for life; if to Tenant in Fee, for ever.  
A lease for years may be confirmed for a time, or upon condition, or for a piece of the Land; But if a Franktenement be, it shall enure to the whole absolutely.  
A Confirmation to charge an estate, must have words to show what Estate he shall have.  
To confirm the Estate of Tenant for life, to his heirs, cannot be but by Habendum, the Land to him and his heirs: And therefore it is good to have such a Habendum in all confirmations.  
In a Confirmation, new service may not be reserved, old may be abridged.  
A Confirmation made to one Disseizor, shall be voidable to the other, so shall not a Release.   

CHAP. XXXIX. CONDITION.  
There are two manner of Conditions, one expressed by Words, another employed by the Law; the one called a Condition in deed, the other, a Condition in Law.  
ESTATE made, and the condition against the law, the Estate's good, the Condition's void.  
If the Estate beginneth by the Condition, than both are void.  
Bonds with Conditions expressly against the Law, are void.  
Conditions repugnant, the estate good, the Condition void.  
Conditions impossible, are void, the Estate good; it shall not enlarge any estate.  
By pleading, a man may not defeat an Estate of Franktenement, by force of a condition in Deed; without he show the Condition of Record, or in writing sealed; yet the Jury may help a man, where the Judges will take their Verdict at large: of Chatttels he may.  
Promise doth make a Condition; but when it doth depend upon another sentence, or hath reference to another part of the deed, it maketh no condition, but a qualification, or limitation of the sentence, or of that part of the Deed, as provided, that the person of the Grantee shall not be charged.  
He which hath interest in a Condition, may fulfil the same for safeguard of himself.  
Between the parties, it is not requisite the Condition be performed in every thing if the other do agree, but to a stranger it must.  
If the Obligee be party to any Act. by which the Condition cannot be performed; then the Obligor shall be discharged; So he shall be by the Act of the Condition.  
Where the first Act in the Condition is to be performed by the Obligee, and he will not do it, there the Obligation is not forfeited.  
Where no time is set, if the Condition be for the good of a stranger, or of the Obligee, than it is to be performed within convenient time, if for the good of the Obligor at any time during their lives; Immediately, shall not have such a strict construction; but that it shall suffice, if it be done in convenient time.  
If a man be bound to pay money, or farm Rent, he must seek the parties. But if he be bound to perform all payments: if he render his farm on the land, it sufficeth.  
If the Feoffee, or Feoffor die before the day of payment, the tender shall be to the Executor, although the heir of the Feoffee do enter, if the heir be not named, vide, Assignee in assignment.  
The money must be tendered so long before Sunset, that the receiver may see to tell it.  
To pay part of a Sum at the day, cannot be satisfaction for the whole sum, as a horse or a robe is. But before the day, or at another place, at the day of the request, and acceptance of the Obligee, is full satisfaction.  
An Acquittance is a good bar, if nothing be paid.  
In all cases of Conditions, a payment of a certain sum in gross, touching Lands, or Tenements, if lawful tender be once refused, he which made the tender is discharged forever.  
And the manner of the tender, and payment shall be directed by him that made it, and not by him that did accept it, as that he paid the sum in full satisfaction, and that he accepted thereof in full satsfaction.  
An acquittance is a good bar, etc.  
Where a man is bound to pay money, to make a Feoffment, or renounce an Office, or the like, and no time is limited when the shall do it, then upon request, he is bound to perform it, in so short a time as he may.  
Bu● where the time is limited, if he do refuse before the day it is no matter, if he be ready to perform it at the day.  
Where a Covenant or Condition is to marry or Enfeoff a stranger by such a day; the refusal of the stranger is no Plea, as that of the Obligee is; The Obligee is to be ready on the Land, at his own peril; a Stranger must be requested: if he refuse, the Obligation is forfeited, wherefore it is good to have these words, if the Stranger do there unto assent.  

Entry.  
THe determination of an estate is not effected before entry.  
When any person will enter for a Condition broken, he must be seized on the same course and manner he was when he departed from his possession.  
It behoveth such persons as will re-enter upon their Tenants to make a demand of the rent.  
If the Lessor demand before he die, his heir may enter.  
If the Lessor distrain, he may not re-enter.  
The Lessor may accept of the Rent, and yet re-enter: but if he receive the next rent he may not, for that establisheth the Lease.  
Entry into one acre in the name of more, is good; it doth not extend into two Counties.  
By the Entry of the Husband, the Francktenement shall be in the wife, and so of such like.  
In Gavill-kind Land, the eldest son only shall enter for the breach of a Condition.   

Demand.  
THe Land is the place where the rent is to be paid and demanded, if there be no other place appointed.  
And there the Lessor himself, or his sufficient Attorney, a little before Sun set, in the presence of two or three sufficient witnesses, shall say, here I demand of I. B. 10. l. due to me at the Feast of, etc. for a Message, etc. Which he holdeth of me in Lease by Indenture, etc. and there remain; the last day the rent is due to be paid until it be dark, that he cannot see to tell the money.    

CHAP. XI. WARRANTIES.  
There are three manner of Warranties.  

Lineal.  
Collateral.  
By Descent.   
Warranty Lineal, is where a man by his Deed bindeth him and his heirs to Warranty, and dieth, and the Warranty doth descend to his issue.  
Warranty Collateral is in another line, so that he to whom it diseendeth, cannot convey the title that he hath in the Testaments by him that made warranty.  
Warranty by Disseizin, is where he which hath no right to enter, entereth, and maketh a warranty: this is by Disseisin, and barreth not.  
Line all Warranty barreth him that claimeth Fee; and also Fee-tail with assets in Fee; if he sell, his son may have a Formedon.  
Collateral Warranty is a bar to both, except in some cases that be remedied by Statute, as Warranty by Tenement, by the courtesy, except he hath enough by descent, by the same Tenement.  

Tenant,  
In dower, for life, not remedied, but do bar the heir, and him in reversion.  
AWarranty diseendeth always to the heir at the Common law, viz the eldest Son, and followeth the estate, and if the estate may be defeated, the Warranty may also.  
It barreth not the second Son in Gavill-kind, although all the sons shall be vouched, and not the eldest alone. Yet he only shall be barred.  
To plead a Warranty against him that made it, or his heirs, is called a Rebutter.  
Where Fee, or Franktenement is Warranted, the party shall have no advantage, if he be not Tenant.  
Where a Lease for years is warranted, it shall be taken by way of Covenant, and good, if he be outed.  
The Feoffor by the words dedi & concessi, shall be bound to warranty, during his own life.    

CHAP. XLI. COVENANTS.  
COvenants are of two sorts; expressed by words in the Deed, or employed by the Law. A covenant in Deed, is an agreement made by the Deed in writing, between two persons to perform some things, and sealed: for no writ of Covenant is maintainable without such a specialty, but in London, etc.  
When a Covenant doth extend to a thing in being parcel of the demise, or thing to be done by force of the Covenant is quodamodo, annexed, or appertaining to the thing demised, and goeth with the land, it shall bind the assignee, if he be not named: as to repair the houses, it shall bind all that shall come to the same by the act of the law, or by the act of the party.  
But if the Covenant do concern the land, or thing demised in some sort, the Assignee shall not be charged, although he be named; as to make a Wall at another's bodies house, or to pay a sum of money to the Lessor, or to a stranger, But the Lessee his executors and Administrators shall be charged.  
If the Covenant do extend to a thing that had no being, but to be made new upon the Land, it should bind the Assignee, if he be named, because he shall have the benefit of it.  
If a man make a Lease for years, and the Lessee covenanteth and granteth to pay, etc. to the Lessor his heirs and assigns, yearly during, etc. ten pound, his Executors shall have it.  
A Covenant in Law, upon a demise, or grant, the Assignee in Deed, or in law may have a Writ of Covenant.  
An Obligation to perform all Covenants and grants is forfeit on the breach of a Covenant in law.  
A Covenant in Law is not broken but by an elder title.  
A Covenant in Law may be qualified by the mutual consent of the parties.   

CHAP. XLII.  
How Chattels personal may be bargained, sold, exchanged, lent, and restored.  
AContract is properly where a man for his money shall have by the assent of another, certain goods, or some other profit at the time of the contract, or after.  
In all Bargains, Sales, Contracts, Promises, and Agreements, there must be quid pro quo, presently, except day be given expressly for the payment, or else it is nothing but communication.  
If a man do agree for a price of wares, he may not carry them away before he hath paid for them, if he have not day expressly given him to pay for them.  
But the Merchant shall retain the wares until he be paid for them, and if the other take them, the Merchant may have an action of trespass, or an action of debt for the money at his choice.  
If the bargain be that you shall give me ten pound for my Horse, and you do give me a penny in earnest, which I do accept: This is a perfect bargain, you shall have the Horse by an action of the Case, and I shall have the money by an action of debt.  
If I say the price of a Cow is four pounds, and you say you will give me four pounds, and do not pay me presently, you may not have her afterwards, except I will; for it is no contract. But if you go presently to telling of your money, if I sell her to another, you shall have your action of the Case against me.  
If I buy one hundred loads of Wood to be taken in such a Wood at the appointment of the vendor, if he upon request will not assign them unto me. I may take them, or I may sell them: But if a stranger do cut down any part of the trees, I may not take them; But I may supply my Grantee of the residue, or have my action of the Case.  
If the bargain be, that I shall give you ten pounds for such a Wood, if I like it upon the view thereof, this is a bargain at my pleasure upon my view; and if the day be agreed upon, if I disagree before the day, if I agree at the day the bargain is perfect, although afterwards I do disagree. But I may not cut the Wood before I have paid for it; if I do, an action of Trespass will lie against me, and if you sell it to another, an action of Trespass on the Case will lie against you.  
If I sell my horse for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered, yet the property of the horse is by the bargain in the bargainer, or buyer; but if he do presently tender me my money, and I do refuse it, he may take the horse, or have an action of detainment. And if the horse die in my stable between the bargain and the delivery, I may have an action of debt for my money, because by the bargain the property was in the buyer.  
If a Deed be made of Goods and chattels, and delivered to the use of the Donee, the property of the Goods and Chattels are in the Donee presently: before any entry, or agreement, the Donee may refuse them if he will.  
If I take a horse of another man's, and sell him; and the owner take him again: I may have an action of Debt for the money, for the bargain was perfect by the delivery of the horse, & caveat Emptor. Every Contract importeth in itself an assumption: for when one doth agree to pay money, or deliver a thing upon consideration, he doth as it were, assume and promise to pay and deliver the same, and therefore when one selleth any goods to another, and agreeth to deliver them at a day to come: and the other in consideration thereof, agreeth to pay so much money on the delivery, or after, in this Case, he may have an action of Debt, or an action on the Case upon the assumption.  
The duty to resign an Action personal, may not be apportioned; as if I sell my Horse, and another man's for ten pounds, who taketh his Horse again, I shall have all the money.  
If a man retained a servant for 10. l. per annum, and he depart within the year, he can have no wages: if it were to be paid at two Feasts, and the man after the first Feast die, he shall have wages but for the first Feast; therefore men take order for it in their Wills.  
By a Contract made in a Fair or Market, the property is altered; Except it be to the King; so that the buyer know not of the former property, and do pay toll, and enter it; and those things as thereupon aught to be done, it must be on the Market, and at the place where such things are usually sold, as Place at the Goldsmith's stall, and not in his Inner shop.  
In exchange of a Horse for a Horse, or such like, the bargain is good without giving of day, or delivery.  
If a thing be promised by way of recompense for a thing that is past; it is rather an accord than a contract; & upon an accord, there lieth no account, but he unto whom the promise is made, may have charge, by reason of the promise, which he hath also performed; then he shall have an account for the thing promised, though he that made the promise have no profit thereby; as if a man say to another man, heal such a poor man, or make such a highway, etc.  
The intent of the party shall be taken according to the Law, as if a man retain a servant, and do not say one year, or how long he shall serve him, it shall be taken for one a year, according to the Statute.  
In all contracts he that speaketh obscurely, or ambiguously is said to speak at his own peril, and such speeches are to be taken strongly against himself.   

CHAP. XLIII.  
Of Lending and Restoring.  
IF Money, Corn, Wine, or such other things, which cannot be redelivered, be occupied or borrowed, if it perish, it is at the peril of the borrower.  
But if a Horse, or a Cart, or such other things, as may be used, and delivered again, be used in such manner as they were lent, if they perish, he that oweth them shall bear the loss, if they perish not through the default of him that did borrow them, or that he did make a promise at the time of delivery, to redeliver them safe again. If they be occupied in any other wise then according to the lending, in what wise soever it perish; if it be not in default of the owner, he that did borrow them, shall be charged with them in Law and Conscience.  
If a man have goods to keep to a certain day, he shall be charged, or not charged after as default or defaults is in him.  
But if he have any thing for keeping them safe, or make promise to redeliver them, he shall be charged with all chances that may fall because of his promise.  
If a man find goods of another man's, if they be hurt or lost by the negligence of him that found them he shall be charged to the owner.  
If a common carrier go by ways that be dangerous for robbing, and will drive by night, or other unfit times, and is robbed; or if he do overcharge his Horse, or driveth so that his stuff fall into the Water, or otherwise be hurt by his default, he shall be charged by his default.  
And if a Carrier would percase refuse to carry, unless a promise were to him, that he shall not be charged with any such misdemeanour, that promise were void.  
Every Inholder is bound by the Law, bona & Cattalla of his Guest to keep in safety, so long as it is within the Inn, if the Guest did not deliver them unto him, nor acquaint him with them.  
He shall not be charged if the Servant or Companion of the Guest do imbezel them; or if the Guest do leave them in the outward Court.  
The Offler shall not answer for the Horse that is put to pasture at the request of the Guest: but if he do it of his own head, he shall.  
If any man offer to take away my Goods, I may lay my hands upon them, and rather beat him, then suffer him to take or carry them away.   

CHAP. XLIV.  
How far other men's Contracts and misdemeanours do bind us.  
A MAN shall be bound by many Trespasses of his wife, but not to sustain corporal punishment for it.  
For Murder, Felony, Battery, Trespass, borrowing or receiving of money in his Master's name, by a Servant, the Master shall not be charged unless it be done by his command, or came to his use by his assent.  
If I command one to do a Trespass, I shall be a Trespassor, or otherwise if I do but consent: There is no accessary in Trespass.  
We shall be charged if any of our family lay or cast any thing into the high way, to the noisance of his Majesty's Liege People.  
Every man is bound to make recompense, for such hurt as his beasts shall do in the corn or grass of his neighbour, though he knew not that they were there; and for his Dogs, Bears, etc. if they hurt the goods or Chattel of any other; for that he is to govern them.  
A man shall not be charged by the contract of his wife or his servant, if the thing come to his use, having no notice of it: But if he command them to buy, he shall be charged though they come not to his use; or had notice thereof.  
If a Wife or Servant use to buy or sell, if he sell his Master's Horse, and exchange his Ox for wheat that cometh to his Master's use, his Master may not have an action of Trespass for it, but he shall be charged for the corn, and the other need not to show that he had warrant to buy for him.  
If a manservant that keepeth his shop, or that useth to sell for him, shall give away his goods, he shall have Trespass against the Donee.  
But if I deliver my Goods to another to keep to my use, and he do give them away, I shall not: for the Donee had notice whose goods they were, as in the case of the servant.  
If a man make another his general receiver, which receiveth money, and maketh an acquittance, and payeth not his Master; yet that payment dischargeth the debtor.  
If a servant keep his Master's fire negligently, an action lieth against the Master: Otherwise if he bear it negligently in the street.  
If I command my servant to distrain, and he doth ride on the distress; he shall be punished, not I  
If a man command his servant to sell a thing that is defective, generally to whom he can sell it; deceit lieth not against him: Otherwise if he bid him sell it to such a man, it doth.  
A Contract or a promise made to the wife is good, when the husband doth agree, so it is to a servant; and it shall be said to be made to the husband and Master himself.  
If a man taketh a wife that is in debt, he shall be charged with her debts, during her life; if she die, he shall be discharged.   

CHAP. XLV. Wills and Testaments.  
Having hitherto treated of such contracts as de take effect in the life time of the parties, with their differences, it is now to deal with Instruments which take effect after their Deaths; that those things which they have preserved with care, and gotten with pains in their life, might be left to their posterity in peace and quietness after their Death: of which sort are last Wills and Testaments.  

There are two sorts of Wills; Written and Nuncupative.  
ANuncupative Testament is when the Testator doth by Word only without writing declare his Will, before a sufficient number of Witnesses, of his Chattels only: for Lands pass not but by writing; It may for the better continuance after the making, be put in writing, and proved: But it is still a Testament Nuncupative.  
A written Testament is that, which at the very time of the making thereof is put in writing; by which kind of Testament in writing, only Lands and Testaments pass, and not by word of mouth only.  
Two things are required to the perfection of a Will, by which Lands pass, viz. First writing, which is the beginning. Secondly, the death of the Devisor, which is the finishing.  
In a Will of Goods, there must be an Executor named; otherwise of Lands.  
A man may make one Executor or more simply, or conditionally for a time, or for parcel of his Chattels.  
If no Executor be named, than it still retaineth the name of last a Will, and shall be annexed to the Letters of Administration in regard of the Gift.  
Gavil kind Lands may be devised by custom.  

Lands bolden  In Socage tenure all is devisable Knight's Service 2 parts 3 in writing.  
FEAR, fraud, and flattery, three unfit accidents to be at the making of a Will.  
A woman may make a Will of the goods of her husband, by his consent and licence; by Word is sufficient, and of the goods she hath as Executor, without his consent; but she cannot give them unto him.  
A boy after his age of fourteen, and a Maid after her age of twelve may make a Will of their goods and Chattels by the Civil Law.  
The will of the Donor shall be always observed, if it be not impossible, or greatly contrary to the Law.  
A Devisor is intended Inops consilii, and the Law shall be his Counsel, and according to his intent appearing in his Will, shall supply the defect of his words.  
A Prerogative Will is five pound in another Diocese.  
A man may not traverse the Probate of a Testament, or Letters of Administration directly, but he may say against the Testament that the Testator never made the party his Executor.    

CHAP. XLVI. DEVISES.  
A Devise aught to be good and effectual at the time of the death of the Devisor.  
The Devisee may not enter into the term, or take a Chattel, but by the delivery of the Executor.  
But he may sue for it in Court Christian.  
Into Franktenement, or inheritance he may enter.  
Devisees are Purchasees, as if a Lease for years be Willed to a man and his Heirs, the Heir shall have it; for Heir is a name of purchase here.  
A Reversion of Lands or Tenements will pass by the name of Lands and Tenements in a Devise.  
If a man devise all his Lands and Tenements; a Lease for years doth not pass, where he hath Lands in Fee, and also a Lease there; otherwise it will.  
If a man devise all his goods, a Rent-charge which he had for years will pass, and all other his personal Chattels.  
And if a man give all his moveables to one, he shall have all his Horses, cattle, pans, and personal chattels; and all his immovables to another, he shall have all his Corn growing, and fruit on his Trees, and the chattels real.  
A man may devise Lands or goods to an Infant in the mother's belly, or goods to the Churchwardens of D.  
There is great diversity where the property is devised, and when the occupation is devised: A man may devise that a man shall have the occupation of his Plate, or other chattels during his life, or for years, and if he die within the term, that it shall remain to M. A. and it is good, for the first hath but the occupation, and the other after him shall have the property.  
But if a chattel be given to one for life, the remainder to another, the remainder is void.  
For a Grant or Devise of a Chattel for an hour, is good for ever; and the Devisee may dispose of it; but if he do not, the other shall have it.  
A man may Devise his Lands he holdeth in Lease, but not his Lease, under this condition; Provided, that if the Devisee die within the term than he shall have it.  
If a man Will his goods to his wife, and that after her decease, his Son and Heir shall have the House wherein they are; she shall have the house for term of her life, yet it is not devised unto her by express words. But it doth appear that his intent was so by the words.  
If a man willeth his Lands to his wife, till his Son cometh to the age of 21 years, and the woman taketh another husband, and dyeth, the husband shall have the Interest.  
By a Devise a man may have the Fee-simple without express words of Heirs, as if Lands be willed to a man for ever, or to have and to hold to him and to his assigns, etc.  
By Will, Lands may be entailed without the word, Body: as if Lands be given to a man, and to his heirs male, it doth make an estate tail.  
If a man Will that his Executors shall sell his Lands, the inheritance doth descend to the Heir; yet the Executors may enter, and enfeoff the Vendee.  
But if Lands be given to the Executor to sell, and they receive the profits thereof to their own use, and do not sell the same in reasonable time, the Heir may enter.  
An Executor may sell, if the other will not.  
If Lands be recovered against Tenant for life or for years, by an action of Waste, or former title, he may not give his Corn.  
If the Cognizee have sown the Lands, and the Cognizor bring a scire: he may give the Corn sown.  
If a man Devise omnia bona & Cattalla, Hawks nor Hounds do not pass, nor the Deer in the Park, nor the Fish in the Ponds.   

CHAP. XLVII. EXECUTORS.  
AN Executor is he that is named and appointed by the Testator, to be his successor in his stead to enter, and to have his goods and chattels, to use Actions against his Debtors, and Legacies, so far as his goods and chattels will extend.  
Where two Executors are made, and one doth prove the Will, and the other doth refuse, notwithstanding he that refuseth may administer at his pleasure, and the other must name him in every action, for every duty due to the Testator, and his release shall be a good bar: If he do survive he may administer, and not the Executor of him that died; but otherwise if all had refused.  
If one prove the Will in the name of both, he that doth not administer shall not be charged.  
If the Executor do once any action that is proper to an Executor, as to receive the Testators debts, or to give acquittance for the same, etc. he may not refuse.  
But other acts of charity or humanity, he may do; as to dispose of the Testators goods about the Funeral, to feed his cattle lest they perish, or to keep his goods lest they be stolen, these things may every one do, without danger.  
When Executors do bring an action, it shall be in all their names, aswell of them that do refuse, as of other,  
But an action must be brought against him that doth administer only, and he which first cometh shall first answer.  
An Executor of an Executor, is Executor to the first Testator. And shall have an action of debt, account, etc. or trespass, as of the goods of the first Testator carried away, and execution of Statutes and Recognizances, etc. St. 25. Ed. 5.  
The title and interest of an Executor, is by the Testament, and not by the Probate, but without showing it, they may release the Probate.  
The Justices will not allow them tosue actions.  
The Executor shall have the wardship of the Body and Lands of the Ward in Knight's service, but not in Soccage, and Leases for years, and rend charges for years, Statutes, Recognizances, Bonds, Lands in Executions; Corn upon the ground, Gold, Silver, Plate, Jewels, Money, Debts, cattle, and all other goods and Chattels of the Testator, if they be not devised, and may devise them; But if he do will omnia bona & Cattallasua, the goods of the Testator pass not, neither shall they be forfeited by the Executor.  
An Executor is chargeable for all duties of the Testator that are certain; but not for Trespass, nor for receipt of rents, nor for occupation of Lands, as Bailiff or Guardian in Soccage, etc. For this is not any duty certain so far as he shall have Assets; If the Executor do waste the goods of the Testator, he shall pay them of his own.  
An Executor shall not be charged, but with such goods as come to his hands, but if a stranger take them out of his possession, they are assets in his hands.  
If an Executor take goods of another man's amongst the goods of the Testator, he shall be excused of the taking in Trespass.  
Duties by matter of record shall be satisfied before duties by specialty, and duties by specialty before charges, and Legacies before other duties.  
An Executor may pay a debt or credit of some kind, depending the writ, before notice of the action, but not after notice or issue joined.  
An Executor may pay debts with his own money, and retain so much of the Testators goods, but not Lands appointed to be sold.  
Any of these words, debere, solvere, recipere, borrowed, or any word that will prove a man a debtor or to have the money; If it be by Bill will charge the Executor, or Administrator, but not the Heir, if he be not named.   

CHAP. XLVIII. ADNINISTRATORS.  
AN Administrator, is he to whom the Ordinary of the place where the intestate dwelled, committeth the Testators goods, Chattel, credits, and rights.  
For wheresoever a man dieth intestate, either for that he was so negligent he made no Testament, or made such an Executor as refused to prove it, or otherwise is of no force; the Ordinary may commit the administration of his goods to the Widow, or next of kin, or to both, which he pleaseth, making request; and revoke it again at his pleasure.  
The Ordinary may assign also a Tutor to the intestates children, to his sons until twelve year.  
But so that it be not a prejudice to him that is the Guardian; and after those years, he or she may respectively choose their own Curators, and the Guardian may confirm them, if there be not good order taken by their fathers Will.  
As if such a Tutor die, the Infant cannot have an Action of account against his Executor.  
The power and charge of an Administrator is equal in every point to the power and charge of an Executor: a man may have an action of the case against the Executor or Administrator upon the assumption of the Testator, upon good consideration, or debt for Labourers wages, by the Statute.  
And if a man make an Infant his Executor, the Ordinary may commit the Execution of the will to the Tutor of the Child, to the Child's behoof, until he be of the age of 17. years, and if he be granted for longer time, it is void.  
An Administrator dur ante minoritate, may do nothing to the prejudice of the Infant, he may not sell any of the goods of the deceased unless it be upon necessity, as for the payment of debts, or that they would perish; nor let a Lease for a longer time, then whilst he is Executor.  
An infant upon the true payment of a debt due to the Testator, may make an acquittance, and it shall be good.  
For a Child may better his estate but not make it worse.   

CHAP. XLIX. HEIR.  
IF a man die seized of any Lands, and do not dispose of them by his Will they do descend to his Heir, as aforesaid.  
And he shall have not only the Glass, and Wainscot, but any other of such like things affixed to the freehold, or ground; as Tables, Dormant, Furnances, Fats in the Brewhouse, or Dye-house; and the Box or Chest wherein the Evidences are; the Hawks and the Hounds, the Doves in the Dove-house, the Fish in the Pond, and the Deer in the Park, and such like.  
He shall be charged by specialty, for the debts of his Ancestor, so long as he hath assets, if the Executor or Administrator have not sufficient.  
No Law nor Statute doth charge the Heir for the wrong, or trespass of his Father, but by express words.  

Widow.  
THe Widow shall have all her apparel, her bed, her copher, her chains, borders, and Jewels, by the honourable Custom of the Realm, except her Husband unkindly give any of them away; or be in debt, that it cannot be paid without her Bed, etc. yet she shall have her necessary apparel.   

What things are Arbitrable, and what not.  
THings, and Actions personal incertain are Arbitrable, as Trespass, taking away of a Ward, etc.  
But things certain are not arbitrable, but when the submission is by specialty, if they be not joined with others incertain, as debt with trespass, etc.  
Matters concerning the commonwealth; some are not arbitrable as criminal offences▪ felonies and such like, concerning the crime.  
In the submission, three things are to be regarded.  
First, that it be made in writing with the parties Covenants, or bonds subsequent and sufficient to bind them, their heirs, Executors, and Assigns to perform the Award, which shall be thereupon made, that both the Arbitrators may know their power, and the parties revoke not their power. For all is void that is not contained in the Submission, or necessarily depending thereupon; And the Arbitrators labour lost, if they want means to compel the same to be executed.  
Secondly, that there be power given to them sufficient to do all things necessary for the ordering of the controversies, as to appoint times and places for their meetings, to examine and decide the matters committed, and to bring their parties with their proofs, evidences, and witnesses thither together before them, and to punish the place defective, and to expound and correct such doubtful sentences, and questions, as may arise upon their Award, afterwards inconvenient to either parties, contrary to equity, and the Arbitrators good meaning; which inconveniencies not before by them seen, at the making of the Award, Tempor is filia veritas.  
Thirdly, convenient time and place are to be limited for the yielding up their Award to the parties, or to their assigns.   

Six things to be regarded in an Arbitrement.  
1. THat it be made according to the very submission, touching the things committed, and every other circumstance,  
2 That it be a final end of all controversies committed.  
3 That it appoint either party to give or do unto the other something beneficial in appearance at least.  
4 That the performance be honest and possible.  
5 That there be a mean how either part by the Law may attain unto that which is thereby awarded unto him.  
6 That every party have a part of the Award delivered unto him.  
For if it fail in any of these points, then is the whole Arbitrament void, and of none effect:   

Examples there of.  
1 AN Award that the parties shall obey the Arbitrament of A. M. is void, for power may not be assigned.  
2 An Award that any of the parties shall be bound, or do any other Act by the advice of the Arbitrator, is not good except it be in the submission so, but that the parties shall be bound, or make assurance by the advice of Counsel, is good.  
2 An Award, that the parties shall be nonsuited, is not good, because it is no final end, for the party may begin again: that the party do withdraw his suit, is good.  
If the submission be of divers things, and the Award only of some of them, yet is the Award good for that part, as if the Submission be of all Actions real and personal only, or if it be only, the possessione.  
3 If to submit themselves to the Arbitrament of all trespasses, and it is awarded that the one shall make amends to the other, and nothing is awarded for the others benefit; this Award is void.  
So it were if one of them should go quite against the other, if the Submission were not by bond, for an Award must be final, obligatory, and satisfactory to both parties.  
An Award, that either party shall release to the other all actions, and that because the one hath trespassed more than the other, he shall pay to the other first, is good.  
In debt or trespass of goods taken, that the Defendant shall retain part, and the Plaintiff to have the rest, is not good.  
4 An Award, that one of the parties shall do an act to any Stranger, the act is void, if the parties be not bound.  
Or if it be that he shall cause a Stranger to enfeoff, or be bound to the other party, because he hath no means to compel the stranger.  
5 An Award is void, if it be neither executed, nor any means by law for the execution thereof, as if it should be awarded that one should pay the other 10 pounds, this is good, for he may recover the same by an action of debt. But if it were awarded, the one should deliver to the other an acre of Land, or do such like act Executory, it were void, if it be not delivered straightway, or provision made by bond, or otherwise to compel the payment thereof, according to the Award, if the submission be not by specialty.  
6 Indentures of Arbitrament must be made of so many parts, that every person may have a part.   

Arbitramentum aequum tribuit cuique suum.  
AN Award is commonly made by Laymen, and shall be taken according to their intent, and not in so precise a form as Grants, or plead, but as verdicts, yet the substance of the matter ought to appear either by express words, or by words equivalent, or by those that do amount thereunto.  
But it were good that Awards were drawn up by some that is skilful, for the avoiding of Controversies, which otherwise may arise about the same.   

Agreement.  
AN agreement is made between the parties themselves; there must be a satisfaction made to either party presently, or remedy for the recompense, or else it is but an endeavour to agree.  
Tender of money without payment, or agreement to pay money at a day to come, is not any satisfaction before the day be come, and the money be paid; it cannot be pleaded in Bar, in an action of Trespass. For that as the other party hath no means to compel the other to pay the money: So he may refuse it at the day, if he will, otherwise in an Arbitrament; but money paid at a day, before the Action brought, is a good plea.  
FINIS.     

A TREATISE OF PARTICULAR ESTATES.  
Written By Sir JOHN DODDRIDGE KNIGHT.  
LONDON, Printed, Anno. Dom. 1651.   

A TREATISE OF PARTICULAR ESTATES.  

Particular ESTATES.  
A Particular Estate is such, as is derived from a general Estate, by separation of one from the other; As if a man seized in Fee simple of Lands, or Tenements, doth thereof cheat by gift or grant an ●state Tail, or by demise a Lease for life, or ●…y estate for years, these are in the Donee, or leasee. Particular Estates in possession derived ●nd separated from the Fee simple, in the De●…nor, or Leasor in Reversion.  
Also if Lands be demised to A. for life, the remainder to B. and the Heirs of his body, the remainder to C. and his heirs, the Estate for life limited to A. the Estate Tail limited to B. are particular Estates derived ut supra, and separated in Interest from the Fee simple; the remainder given to C. albeit the same remainder doth depend upon those Particular Estates.  
And of Particular Estates, some are created by agreement between the Parties; and the particular Estates before specified: And some by act of Law; as the state in Tail apres possibility de issue extinct, Estates by the courtesy of England, Dower and Wardship for albeit an estate in Dower, be not complete until it be assigned, which oftentime is done by assent and agreement between parties; yet because the party that so assigneth the same, is compellable so to do by coarse of Law, that Estate is also said to be created by Law; also an Estate at will is a kind of particular Estate, but yet not such as makes any Division of the Estate of the Lessor, is seized, for notwithstanding such an Estate, the Lessor is seized of the Land in this Deme●…sure as for Fee in possession, and not in Reversion.  
Also an Estate at will is not such particular Estate, whereupon a Remainder may depend; But of all the Estates before mentioned, many fruitful rules, and observations, are both generally, and particularly so lively set forth by the said Mr. Littleton in the 1, 2, 3, 4, 5, 6, 7, and 8. Chapters of his first Book, which is extant as well in English as in French, whereunto I refer you.   

Possession.  
IT is further to be observed, that all Estates that have their being, are in Possession, Reversion, Remainder, or in Right, but of all these, Possession is the Principal: there are two degrees of the first, and chiefest possession, in fait poss, in Law or Deed, is such as is before spoken of: And that is most proper to an Estate, which is present and immediate; but yet such possession of the immediate Estate, if it be not greater than a term doth operate and enure to make the like possession of the freehold, or Reversion; when a man is said to have a Term, it is to be intended for years, when it is said, a man to have the Fee of Lands, it is also to be intended a Fee simple; Possession is that possession, which the Law itself casteth upon a man before any Entry, or Pernancy of the profits: As if there be Father and Son, and the Father dieth seized of Lands in Fee, and the same do descend to the Son, as his next Heir in this case, before any entry, the same hath a possession in Law; so it is also of a Reversion exportant, or a Remainder dependant upon particular Estate, or life; in which case, if Tenant for life die, he in Reversion, or Remainder, before his Entry, hath only possession in Law. All manner of possessions that are not possessions in fait, are only possessions in Law; and it is to be observed then, if a man have a greater Estate in Lands then for years, the proper phrase of speech is, that he is thereof seized; but if it be for years only, than he is thereof possessed: But yet nevertheless the Substantive (possession) is proper as well to the one as to the other.   

Reversion.  
A Reversion is properly an Estate which the Law reserveth to the Donor, Grantor, or Lessor, or such like, which he doth dispose parcel of his Estate, when he doth dispose less Estate in Law then that whereof he was seized, at the time of such disposition: as if a man seized of Lands in Fee, doth give the same to another; and the Heirs of his body, or if he doth dismiss the same for life or years; in these cases the same reserveth the reversion thereof in Fee, to the Donor, or Lessor, and his Heirs; because he departed not with his whole Estate, but only with a particular Estate, which is less than his Estate in Fee; and such Reversion is said to be expectance upon the particular Estate. Also if he that is but Tenant for life, for Land, and doth by Deed or paroll, give the same S. in Tail, or for term of his life, which is a greater Estate than he may lawfully dispose; In this case the Law reserveth a Reversion in Fee, in such Donor, though he were formerly but Tenant for life: and the reason thereof is, for that by such unlawful disposition, which by deed or word, cannot be without livery and seisin, he doth by wrong pluck out the rightful state in Fee, from him that was thereof formerly seized in Reversion or Remainder, and thereof by a priority of time, gained in an instance, he was seized of a Fee simple, at the time of the executon thereof. But if a man seized of Lands in Fee simple, giveth the same to A. and his heirs, until B. do die without heir of his body; in this case the Law reserveth no Reversion in the Donor, because the state is disposed to A. is a Fee simple, determinable, is in nature so great as the state, which the Donor had at the time of such gift, and consequently he departed thereby with all his state, and thereby an apparent difference is between a gift made to A. and the heirs of his own body, and a gift made to him and his heirs, until B. die without heir of his body: for in the one case the Donor hath but an Estate Tail, and in the other a Fee simple determinable, hath a possibility of Revertor: for if B. die without heir of his body, then whether A. be living or dead, shall revert to the Donor, but such possibility of Reversion, for he that hath but such a possibility, hath no Estate, nor hath he power to give his possibility; but in the other case, the Donor hath Estate in Fee; and therefore he hath power to dispose thereof at his pleasure.   

Remainder.  
A Remainder is a remnant of an estate disposed to another at the time of creation of such particular Estates, whereupon it doth depend, as if S. seized of lands in Fee, demiseth the same to B. for life, the remainder to C. and the heirs of his body, the remainder to D. and his heirs; In this case I. S. hath a particular Estate of the Lessor, is then also disposed to C. and D. ut supra, whereby B. hath an Estate for life, C. a Remainder in Tail, and D. a Remainder in Fee, depending in order upon the particular Estate in possession; and in every Remainder five things are requisite.  
First, That it depend upon some particular Estate.  
Secondly, That it pass out of the Grantor, Donor, or Lessor, at the time of the creation of the particular Estate, whereon it must depend.  
Thirdly, That it veste during the particular Estate, or at the instant time of the determination thereof.  
Fourthly, That when the particular Estate is created, there be a Remnant of an Estate left to the Donor, to be given by way of Remainder.  
Fifthly, That the person or body to whom the Remainder is limited, be either capable at the time of limitation thereof, or else in potentia propinqua, to be thereof capable, during the particular Estate; If Lands be given to I. S. and his Heirs, the Remainder for default of such Heir to I. D. and his Heirs, that Remainder is void, because it doth not depend upon any particular Estate; But if Lands be given to I. D. the life of I. D. the Remainder to I. B. his Remainder is good, for it is not limited to depend upon a Fee-simple, but upon a particular Estate; which is only called an Estate for life of I. B. descendable: if Lands be given to B. for 11. years, if C. do so long live, the Remainder, after the death of C. to D. in Fee, this Remainder is void, for in this case it cannot pass out of the Lessor at the time of the creation of the particular Estate for years: but if a Lease be made to B. for life, the Remainder to the Heirs of C. (who is then living) this Remainder is good, upon a contingency, that if C. die in the life of B. for that Remainder may well pass out of the Leassor presently without be yaunce, without any inconveniency, because only the inheritance separated from the freehold, is in abeyance: if Lands be given for life, with a Remainder to the right Heirs of I. S. and the Tenant for life dyeth in the life of I. S. this Remainder is void, because it died not vest or settled, either during the particular Estate, or at the time of the determination thereof, for until, I. S. die, no person is thereof capable, by the name of the Heir.  
But if Lands be given to I. S. for term of his life, the Remainder to his right Heir, (in the singular number) and the Heirs of his body, and after I. S. hath issue a Son and dyeth, that is a good Remainder, and the Son hath thereby an Estate Tail, for although it were impossible that such Remainder should vest during the particular Estate; because during his life, none could be his Heir; yet it might be and did vest at the instant of his death, which was at the time of his determination of the particular Estate.  
Concerning the fourth thing, if a man seized of Lands in Fee, granteth out of the same a Rent, or Common to Pasture, or such like things, which before the grant had no being, to I. S. for term of life, the Remainder to I. D., in Fee, this Remainder is void, because of this thing Granted, there was no Remnant in the grant to dispose. And because some heretofore have been of opinion, that albeit the same cannot take no effect, as another Grant of a new Rent or Common. Vtres magis valeat quam operat.  
This is a rule in Law, that a thing enjoyed in a superior degree, shall not pass under the name of a thing, in any inferior degree; and therefore if Lands be given unto two persons, and unto the Heirs of one of them, unto the Husband and Wife, and Heir of the Husband; and he that hath the Estate of Inheritance, granteth the Version of the same Land to another in Fee, such Grant is void, because the Grantor was thereof seized in a superior degree, viz. in Possession, and not in Reversion, as appeareth 22. Ed. 4. fol. 2 & 13. Ed. 3. Brook. title of Grants, 137.  
And concerning the first and last thing, if a Lease be made of Land, for term of life, the Remainder to the Major and Commonalty of D. whereas there is no such Corporation therein, being this Remainder is merely void, albeit the King's Majesty by his Letters Patents, do create such Corporations, during the particular Estate; for at the time of such grant, the Remainder was void, because then there was no such body corporate thereof capable, or potentia propinqua to be created and made capable thereof, during the particular Estate, but the possibility thereof, was then foreign and probably intended. The like law is, if a remainder be limited to I. the Son of T. S. who had then no Son, and afterwards during the particular Estate, a Son is born who is named John, yet this Remainder is void; for at the time of such a Grant, as was not to be probably in tender, that T. S. should have any Son of that name.  
Also before the dissolution of Abbeys; if a Lease of Land were made to I. S. for life, the Remainder to one that then was a Monk, such Remainder was void, for the cause before alleged, albeit we were deraigned during the particular Estate. But if such Remainder had been limited to the first begotten Son of I. S. it had been good, and should accordingly have vested in such a Son afterwards born, during the particular Estate.   

Rights.  
A Right in Land, is either clothed or naked; a Right clothed, is when it is wrapped in a possession, Reversion, or Remainder; a naked Right, which is also most commonly called a Right, is when the same is separated from the possession or Remainder, by dissessin, discontinuance, or the divesting, and separating of the possession; as for example, if a Lease of Land be made for life to I. S. the Remainder to I. D. in Fee, in this case I. S. hath a Right clothed with a Remainder. But if a Stranger that hath no Right or Title, doth in the same case enter into the Land by wrong, and put I. S. out of possession, such entry by wrong is called a disseisin; and therefore the possession is moved from the Right by reason thereof, the Disseisor, is seized of the Land, and I. D. hath also the like naked clothing to the Remainder, by such dissessin, is likewise devested, and plucked out of him, cannot be revested in him, during the Right of such particular Estate, unless the possession of the particular Tenement but therewith revested; which must be by this entry or recovery by action; and by such entry of the particular Tenement, or by his Recovery, with execution, the Remainder shall be invested, as well as the particular Estate; and so there is a Right in goods and chattels, as well as Lands, Tenements, and Hereditaments, which is also clothed with a possession, so long as the Rightful proprietor hath the same, but if another doth take them from him by wrong, he now hath only a naked Right to the same, which cannot be by him granted, for the cause before alleged, but yet he may release his Right there unto him that is thereof possessed; for the same reason that is before alleged, if a release of Right, happen to be forfeited to the King, his Highness may grant the same by his Prerogative.  
FINIS.    

CERTAIN OBSERVATIONS CONCERNING A DEED OF FEOFFAMENT.  
By T. H. Gent.  
Cujus posse est velle.  
LONDON, Printed, Anno Dom. 1651.   

CERTAIN OBSERVATIONS CONCERNING A DEED OF FEOFFAMENT.  

The Premises.  
YOU may find in the Premises, First, The direct nomination, as well of the Feoffor, as of the Feoffee, together with their places of residence, habitation or dwelling, and their qualities, estates, additions, or conditions. Secondly, The certain expressement and setting down of the Lands conveyed.  
In Com. Norff.) Comitatus dicitur a comitando, of accompanying together, for generally at Assizes and Sessions, those of that County where such Assizes or Sessions are kept use to be impanelled upon Juries, etc. for trial of issue taken upon the fact betwixt party and party, and not those in another County; and it is a common presumption, that all persons within their Counties take notice of such things as are there publicly done, hereupon it happeneth, that where Lands, etc. lie in divers Counties, if they be conveyed by Feoffament, etc. livery of seisin, must be made in every County, where any parcel of the lands, etc. do lie. Otherwise it is of two parcels of land in one and the same County. The name County, is in understanding all one with Shire, which is so called from dividing, and either of them contain a certain portion of the Realm, which is parted into Counties, or Shires, for the better government thereof, and the more easy administration of Justice; hence it cometh to pass, that there is no parcel of this Kingdom, which lieth not within the circuit or precinct of some County or Shire. There are reckoned in England, 41, Counties or shires, and in Wales 12. The County of Norfolk lying Northward, is so called, in opposition to Suffolk, which lieth towards the South, each one in respect of other gaineth his name.  
The addition given to the Feoffor, you may perceive to be Yeoman, the Etymology whereof, Mr. Verstegan fetcheth from Gemen, a word anciently used amongst the teutonics, which as my Author saith, signifieth vulgar or common, and so the letter G. by corruption being turned into the letter Y. instead of Gemen, we say and read Yemen, or Yeomen. Others, (how probably I dare not affirm) derive it by contraction from these two words, viz. Young Men. Famous Master Cambden, in his Britannia, after he hath reckoned up sundry degrees, both of Nobility, and Gentry, ranketh Yeomen in order next Gentlemen, naming them Ingenuous, in which sense I apprehend Yeomen to be mentioned in a certain Statute made 16 R. 2. and in divers other Statutes. And although the derivations of words be conveniently required in the Law, & in every liberal Science, for ignoratis termiignoratur & ars, yet to use the expression of a learned Divine, though spoken in another case Melius est dubitare de occultis quam litigare de incertis: So I must leave you to your own conceit, concerning the original of the word Yeoman, having only set you down one or two opinions about it: however, I must not forget what Sir Thomas Smith saith in his Repub. Anglorum, who very truly and properly calleth him a Yeoman whom the Laws of England call legalem hominem, that is to say a free man born, and M. Lambert in his Eirenarcha, will excellently inform you who are, and who are not probi & legales homines.  
There is no special, but only a general consideration expressed in the Feoffament, neither of which (as I conceive) is in such case absolutely material (though I may say formal) in regard of the notoriety of deeds of Feoffament, etc. for livery and seisin (as shall be said afterwards) is essentially required to make them perfect, which cannot be without the knowledge of others, besides the parties themselves, and a Feoffament doth thereby always import a free and willing consent, otherwise peradventure it might have happened in a Bargain and sale, before 27. H. 8. cap. 16. for the better illustration whereof, take this example: You and another man agree together, theat you shall give him a certain sum of money, for a parcel of Land, and that he shall make you an assurance of it, you pay him the money, but he maketh you no assurance; in this case although the state of the Land be still in him▪ nevertheless, the equity in conscientia boni viri, is with you, which equity is called the use, for which until the 27. H. 8. cap. 10. there was no remedy (as saith Sir Francis Bacon) and that very truly, except in the Court of Chancery, but the same Statute conjoineth and annexeth the Land and the use together, so you by this means for the consideration have the Land itself, without any further Conveyance, which is called a bargain and sale. But those grave Senators, and worthy States men who made the said Act of the 2●. H. 8. cap. 10. for the transferring of uses into possession, wisely foreseeing that it would be very inconvenient and prejudicious, nay, mischevous, that men's possessions should upon such a sudden, by the payment of a little money be transported from them, (and perhaps in a Tavern or Alehouse, and upon straynable advantages) did discreetly provide in the same Parliament, the said Act of 27. H. 8. cap. 16. that Lands, etc. upon the payment of money as aforesaid, should not pass without a Deed indented and enrolled, as by the purport of the same Act may appear. Now seeing that before the said Act of 27 H. 8. c. 16. Lands might pass by bargain and sale upon consideration, without deed indented and enrolled, and might not pass▪ without consideration in such manner, therefore I have heard Lawyers say that consideration is still required in a bargain and sale, though it be by deed indented and enrolled, according to the same Statute. Sure I am that regularly in a deed of Feoffament, it is not so as formerly is declared, and for the reason before expressed.   

Dedisse.  
The word dedi (by force of an act of Parliament made 4. Ed. 1. c. 4. commonly called the Statute de Bigamis,) implieth a warranty to the Feoffee▪ and his Heirs during the life of the Feoffor, whereupon Fitz Herbert in his Natura brevium. fo. 134. h. puts a case to this effect, viz. If a man give Lands to one in Fee, by Deed, by the words dedi▪ concessi, etc. hereby he shall be bound to warrant the Lands of the Feoffee, by virtue of those words, and if the Feoffee be impleaded he shall have his writ of Warrant' Chart. against the Feoffor, by reason of the words Dedi, concessi, etc. but not against his Heir, for the Heir shall not be bound to Warranty, except the Father bind himself and his Heirs to Warranty, etc. by express words in the deed, I know some allege, that because as well the Statute, as Fitzh. mention not only dedi. but concessi also, therefore the one without the other, implieth no warranty▪ to whom it may be answered that the Statute itself doth plainly prove against them, for the conclusion thereof hath these words, ipse tamen feoffator invita sua ratione proprii doni sui tenetur warrantizare; and also the Testimony of Sir Edward Coke, may be produced herein, who affirmeth that the Statute of Bigamis, anno. 14. Eliz. in the Court of Common Pleas was expounded, as above is mentioned, namely that dedi did imply the Warranty, and Mr. Perkins, cap. 2. saith that dedi in a deed of Feoffament, comprehendeth in it a Warranty, against the Feoffor, and so doth not the word Concessi.   

Concessisse.  
I conceive the word concessi in Feoffaments and Grants (the employed warranty excepted which dedi creates) to be of the same effect with dedi; & also with confirmavi, especially in some cases: to which purpose hear what Littleton speaketh in his Chapter of Discontinuance, Also (saith he) in some case this verb dedi, or this verb concessi, hath the same effect in substance, and shall enure to the same intent, as the verb confirmavi; as if I be disseised of a carve of Land, and I make such a deed Sciant presents, etc. quod dedi to the disseisor, etc. or quod concessi, to the said disseisor the said carve, etc. and I deliver only the deed to him, without any livery of seisin of the Land, this is a good confirmation, and as strong in Law, as if there had been in the Deed this verb confirmavi, etc.   

Liberasse.  
The word Liberavi, I take to be of the same nature with Tradidi, which I have often seen in Feoffaments, whereof it is remarkable, that Hephron the Hittite, when he assured the field of Machpelah to Abraham, Gen. 32. 11. used the word trado: agrum trado tibi, that is, to Abraham, as Hieromes Translation reads it.   

Feoffasse.  
This word cometh from feudum or feodum, which signifieth Fee, and is always, or for the most part used in Feoffaments, as participating of the same nature.   

Confirmasse.  
Concerning the word confirmo, somewhat may be gathered from what hath been spoken about the Verb concessisse, yet I cannot forget how Hierome renders the expresment of the said assurance of the said field of Machpelah to Abraham for a possession, in these words, co. firmatus est ager. etc. Gen. 23. 17.  
And now I come to the second thing considerable in the premises, namely, the Feoffee whose addition is generoso.   

Generoso.  
Generosus, in English we read Gentleman, which some derive from the two French words, Gentil-houme, denoting such a one as is made known by his birth, stock, and race. Sir Tho. Smith calleth all those Gentlemen that are above the degree of Yeomen, whence it may be concluded, that every Nobleman may be rightly termed a Gentleman, sed non vid versed. Master Cowel conceiveth the reason of the appellation to grow, because they observe Gentilitatem suam, the propagation of their blood, by giving or bearing of arms, whereby they are differenced from others, and show from what Family they are descended.   

Haeredi & assignatis suis  
Some will have an Heir so called, quia haeret in haereditate, or quia haeret in se haereditas, but to let such conceits of witty invention pass, it is certain, that an Heir is so called from the Latin word Haeres.  
Littleton in his Chap. of Fee-simple saith, that these words (his Heirs) only make the estate of inheritance in all Feoffaments, and Grants, etc. Sure then it is necessary for him that purchaseth Lands, etc. in Fee simple, to have the Feoffament run to himself & haeredibus suis, for if it run only to himself, & assignatis suis, although livery and seisin be made accordingly, and agreeable to the deed; yet thereby only an estate for life shall pass, because there wanteth words of Inheritance: and without livery and seisin in the case aforesaid, only an Estate at Will shall pass. And the reason why the Law is so strict in this thing (as in many others) for to prescribe and appoint such certain words to create and make an estate of inheritance, is, as Master Plowden saith in his Commentaries, for the eschewing and avoiding of incertainty, the very Fountain and spring, from whence floweth all manner of confusion and disorder, which the Law utterly contemneth and abhorreth; what herein hath been said, is to be apprehended and understood of persons in, and according to their natural capacities. Yet perhaps an estate of inheritance may sometime pass in a Deed of Feoffament, by words, which may have reference, and will relate to a certainty, for Certumest quod certum reddi potest: as for example, You enfeoff me and my Heirs of a certain piece of Land, to hold to me, & my Heirs, etc. and I reinfeoff you, in as large, ample, and beneficial manner, as you enfeoffed me: in this case (they say) you have a Fee simple for the reason above expressed. So I come next to see what observations the Deed of Feoffament further affordeth.   

Totam ill. pec. tre cont.  
Very necessary and convenient it is in deeds of Feoffament, etc. to have the Lands, etc. thereby intended to be conveyed, certainly and expressly to be set down, aswell how much by estimation in quantity, they do contain, as the quality of the same whether Meadow, Pasture, etc. being the species of Land, which is the genus, and the place where, and manner how they exist and lie, the better to shun and avoid doubt, and ambiguity, which oftentimes stir up occasions of unkind suits and contentions betwixt party and party, I know that Grammarians reading the word peciam, will be ready to smile, and allege, that it cannot defend itself in bello Grammaticali, which I easily confess; but what then what can they infer from hence? will they therefore utterly condemn the use thereof? me thinks they should not, but might give Lawyers leave to speakin their own Dialect. But what, if some take exceptions at this word, having occasion to meet with it here, what would they do, should they read the volumes of the Law, where instead of bellum, they shall find guerra, instead of Sylva they shall sinned boscus, and subboscus, with a thousand the like? Surely (as saith Erasmus) they might commend or else condemn what they could not understand, or happily understanding, might admire from whence such uncouth words should proceed: for their better information (if I thought they would thank me for my labour) I could tell them that because the Saxons, Danes, and Normans, have all had some hand, or at least a finger in our laws, therefore through the commixtion of their several Languages, it comes to pass that such difficult terms, and harsh Latin words (if I may so call them) are frequenly obvious in the books and writings of the Law. And indeed I see no reason why any man should object or cavil against the usage of such words, though they be not classical, seeing that aswel in the Art of Logic, as in Philosophy, there are found many words, which they call Vocabulaartis, vocables of Art, which can no better stand, according to the strict rules of Grammar, than the ancient words of Law which cannot be changed without much inconvenience.   

Acra.  
Acra, in English an Acre, seemeth to come from the Latin word ager; an acre is taken to be a quantity of Land containing 40 perches in length and 4 in breadth. Master Crompton in his Jurisdiction of Courts saith that a Perch is in some places more, and in some places less, according to the different usages in different Countries, and so then it must needs be of an Acre. But ordinarily, or for the most part, a Perch is accounted, and esteemed to contain 16 foot and an half in length. I take it to be the same with that measure which we call a Rod or Pole. A Perch in Law-latin, is called pertica, or perticata. See the Ordinance made for measuring of Land, anno 34. Ed. 3. in Pulton's abr. titl. Weights and Measures.   

Quaren.  
Quarentena, in English a Furlong, or Furrow long: Firlingus, or firlingum is the same, it hath been sometime accepted and taken for the eighth part of a mile, anno 35. El. c. 6. and I have read that Firlingus, or ferlingus terrae continet 32. acras. The Latins call it Stadium.   

Abbutt.  
Abbutto is a verb used by Lawyers, to show how the heads of Lands do lie, and upon what other Lands or places, denoting for the more certainty, what Lands, etc. are adjacent about the Lands, etc. abbuttelled. And now that I may speak once for all, in regard that Lawyers do use to abbreviate their words in writing, the reason is not as some ignorantly have supposed, because they cannot express their terminations and end, as they ought to be, but because of the multiplicity of business which they are to go through, oftentimes requiring very sudden dispatch. Yet I could wish that the custom of short writing alicui scriptori non esset dispendium, but I fear me too many hereby take occasion to be wilfully ignorant, which otherwise peradventure they would not do.   

Militis.  
Miles, amongst the Latins, signifieth a soldier, and in this place, and the like, Miles is to be Englished a Knight, which (as Master Cambden noteth) is derived from the Saxon Gnite, or Cnight. The Heralds will inform you of divers and sundry orders of Knights, if you please to consult with them, or their writings thereabouts. A Knight at this day is, and anciently hath been, reputed and taken for one, who for his valour, and Prowess, or other service for the good of the Commonwealth performed, hath by the King's Majesty, or his sufficient Deputy, on that behalf, been as it were lifted up on high, advanced above or separated from the common sort of Gentlemen: The Romans called Knights Celeres, and sometimes Equites from the performance of their service upon horseback, and amongst them there was an order of Gentility, styled Ordo Equestris, but distinguished from those they called Celeres, as several Roman Histories do plainly testify. The Spaniards call them Cavalleroes. The French men Chivaliers. And the Germans Rieters, all which appellations evidently enough appear to proceed from the Horse, which may be some testimony of the manner of the execution of their warlike exercises. And surely it is a very commendable policy in States to dignify well deserving persons with honourable Titles; that others may thereby be stirred up to enterprise, and undertake Heroic Acts, and encouraged to the imitation of worthy and renowned virtues.   

Armig.  
Armiger, in English signifieth Esquire, from the French Escuier, and perhaps an Esquire may be called Armiger quasi arma gerens, from his bearing of arms. Ancient Writers, and Chronologers, make mention of some who were called Armigeri, whose office was to carry the shield of some Nobleman. Master Cambden calls them Scutiferi. which seems to import as much, and homines ad arma dicti: they are esteemed and accounted of amongst us next in Order to Knights.   

Clerici.  
Clericus, in English we read Clerk. It hath with us two sundry kinds of acceptations. In the first sense it noteth such a one, who by his practice and course of life doth exercise his pen in any the King's Majesty's Courts, or elsewhere, making it his calling or profession: hereupon you shall find in the current of Law, mention made of divers Clerks; as for example, The Clerk of the Crown: The Clerk of Assize: The Clerk of the Warrrants: The Clerk of the Market: The Clerk of the Peace, with many others. In the second sense it denoteth such a one as belongeth to, and is employed about the Ministry of the Church, that being his function: in which signification it is to be taken in this place, and in the like; for I, for my part, did never find Clerk in the first sense appropriated to any, as an addition simply. We have the use of the word Clericus, from Clerus, or Clerecutus, signifying the Clergy, that is to say, the whole number of those, which properly so called, or rather strictly, are de Clero domini, i. e. Hereditate sive sorte domini, for Clerus cometh from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Greekword, signifying the same with sors in Latin; namely, a lot or portion.   

The Habendum. Habend'.  
THe Office of the Habendum, is to name again the Feoffee, and to limit the certainty of the estate, and it may and doth sometimes qualify the general implication of the estate, which by construction and intendment of Law passeth in the premises: for an example whereof see Bucklers case in the second Book of Sir Ed. Coke Reports, and Throgmortons' case, in Plowdens' Commentaries. It is to be noted, that the premises may be enlarged by the Habendum, but not abridged, as it plainly appeareth, aswell in the said case of Throgmorton, as in Worteslies' case reported also by Master Plowden, and I have read (as my collections tell me) that it is required of the habendum, to include the premises. Moreover, the habendum, (as W. N. Esquire, hath it in the treatise of the grounds and maxims of the Law) must not be repugnant to the premises, for if it be, it is void, and the Deed will take effect by the Premises, which is very worthy of Observation.   

The Tenendum. Tenend'.  
THe Tenendum, before the Statute of Quia emptores terrarum, made 18. Ed. 1. was usually de Feoffatoribus & haeredibus suis & non de capitalibus dominis feodorum, etc. viz. of the Feoffors, and their Heirs, and not of the chief Lords of the Fee, etc. whereby there happened divers inconveniences unto Lords, as the losing of their Escheats, or forfeitures and other rights belonging to them by reason of their Signories, which as the same Statute expresseth it, durum & difficile videbatur, etc. whereupon it was granted, provided and enacted quod de caetero liceat unicuique libero homini terras sitas seu tenementa sua, seu partem inde ad voluntatem suam vendere, ita tamen quod feoffatus teneat terram illam seu tenementum illud de capitali domino feodi illius per eadem servitia & consuetudines per quae feoffator suus illa prius de eo tenuit. Q'S estat' fuit fait (as saith one) pur l'advantage de Senior ', which statue was made for the advantage of Lords, and indeed I easily believe it. Now it is evident from that which hath been declared out of the said Statute, that at this day the tenendum, where the Fee simple passeth, must be of the chief Lords of the Fee, etc. for no man since the said Statute could convey Lands in Fee, to hold of himself, out of which rule the King only (I think) may be excepted, and 'tis not in silence to be passed over, that where Lands, etc. are conveyed in Fee, though there be no tenendum at all mentioned, yet the Feoffee shall hold the same in such manner as the Feoffor held before, quia fortis est legis operatio: the Statute so determines.   

The clause of warranty.  
Et ego & haeredes mei, etc. warrantizabimus, etc. defendemus, etc.  
WArrantizo, is a verb used in the Law, and only appropriated to make a Warranty. Littleton in his chapt. of Warranty saith, Que cest parol, etc. that this word Warrantizo, maketh the Warranty, and is the cause of Warranty, and no other word in our law, and the argument to prove his assertion, is produced from the form and words used in a fine, as if he should say, Because the word defendo, is not contained in fines to create a Warranty, but the word warrantizo only, ergo, etc. which argument deduced and drawn à majori ad minus, is very forcible, for the greater being enabled, needs must the lesser be also enabled: Omne majus in se continet quod minus est, & quoth in majori non valet, nec valet in minori. But certainly Littleton is to be understood only of an express warranty indeed, and of a warranty annexed to Lands, for there may be, and are other words, which will extend and inure sufficiently to warrant chattels, etc. and which will imply a warranty in Law, as dedi, etc. and excambium (as I have heard say) implieth a warranty in Law, which from Glanvil's vel in excambium, or escambium datione lib. 3. cap. 1. may receive some confirmation: And Littleton in his Chapter of parceners, teacheth that partition implieth a warranty in Law, etc. And lest some may here say, that defendemus stands for a cipher, I will tell them what Bracton declareth of it, speaking about a warranty in deed, from the Feoffor and his heirs, whose words are these: per hoc autem quod dicit (scilicet Feoffator) defendemus, obligatses & haeredes suos ad defendendum fi quis velit servitutem ponere rei datae contra formam donationis, etc. Lawyers in their Books make mention of three kinds of Warranties, viz. Warranty lineal, Warranty collateral, and Warranty which commences by disseisin. The first is when one by Deed bindeth both himself and his heirs to Warranty, and after death, this warranty descendeth to and upon his Heir. The second is in a transverse, or overthwart line, so that the party upon whom the warranty descendeth, cannot convey the title which he hath in the Land, from him that was the maker of the Warranty. The third and last is, where a man unlawfully entereth upon the Freehold of another, thereof disseising him, and conveyeth it with a warranty, but this last cannot bar at all. Of these, you may read plentiful and excellent matter and examples in Littleton's Chapter of Warranty, and Sir Ed. Coke, learnedly commenting upon him, to whom for further illustration hereof, I refer you, as also unto Master cowel's interpretation of words in the title Warranty, who there remembreth divers things very worthy observation concerning it. Before I come to the fifth part of the Deed of Feoffament, give me leave to observe that a Warranty always descendeth to the Heir at the Common Law, and followeth the Estate (as the shadow the substance) and whensoever the Estate may, the Warranty may also be defeated, and every Warranty (as saith Sir Ed. Coke) which descends, doth descend to him that is Heir to him which made the Warranty, by the Common-Law.  
And moreover it is to be noted, as may be gathered from what hath been formerly said, that an Heir shall not be bound to an express Warranty, but when the Ancestor was bound by the same Warranty, for if the Ancestor were never bound, the Heir shall never be charged. And I remember I have read a case in Br. abr. 35. H. 8. pl. 266. to this purpose. Si home dit en son guarantee, Et ego tenementa praedicta cum pertinentiis praefato A. B. le donee warrantizabo, & ne dit, ego & haeredes mei, il mesme garrantera, mes son heir nest tenus de garranter, pur ceo que (Heirs) ne sont expresse en le garranty. B. garr. 50. So I will forbear to speak any further herein, being a very intricate and abstruse kind of learning, requiring the pen of a most cunning and experienced Lawyer and now I address myself to the fifth orderly, or formal part of the Deed of Feoffament   

The clause of in cujus, etc. In cujus rei testimonium.  
THis clause is added as a preparatory direction to the sealing of the Deed, for sealing is essentially required to the perfection thereof, because it doth plainly show the Feoffors' consent to, and approbation of what therein is contained, hereupon it will not be much devious or out of the way, to make some mention of those fashions, which in the manner of sealing, and subscribing of deeds, have been anciently used by our Ancestors: Some report that the Saxons in their time, before the Conquest, used to subscribe their names to their Deeds, adding the sign of the cross, and setting down in the end, the names of certain witnesses, without any kind of sealing at all. But when the Normans came in, as men loving their own Country guises, they per petit & petit changed that custom (as also many others) which they found here, and Ingulphus who was made Abbot of Croyland, in an. dom. 1075. seemeth to confirm this opinion in these words: Normanni cheirographorum confectionem cum crucibus aureis, & aliis signaculis sacris in Anglia firmari solitam, in cera impressa mutant. Yet I have read of a sealed Charter in England before the Conquest, namely that of St. Ed. made to the Abbey of Westminster: yet surely this doth not altogether repugn that which hath been formerly said, for I have seen in Master Fabians Chronicle, and elsewhere that Saint Ed. was educated in Normandy, and 'tis not unlikely but he might in some things incline to their fashions. The Frenchmen have a proverb, Rome n'a este bastie tout en un jour; and we in England use the same, namely Rome was not built in one day: So it cannot be conceived that the Normans in an Instnat did alter the Saxon custom wholly in this particular, but that it did change by degrees, and perhaps at the first, the King and some nigh unto, and about him did use the impression of a Seal, which I am somewhat persuaded to believe, from a certain story which I have heard, concerning Richard de Lucy, chief Justice of England, who in the time of H. 2. is said to have chidden an ordinary man, because he had sealed a Deed with a private Seal Quant ceopertaine all Roy & Nobility solement. In the days of Edward the third, sealing and Seals were very usual amongst all men, for proof whereof I need not produce any other testimony, but the Deeds themselves, whereof almost every man hath some. But I must remember that Sir Ed. Coke, in the first part of his Institutes, fo. 7. a. seemeth to overthrow the former opinions about the first using of Seals in England, The sealing of Charters and Deeds, (saith he) is much more ancient than some have imagined, for the Charter of King Edwin brother of King Edgar, bearing date an. dom. 956. made of the Land called Jecklea, in the Isle of Ely, was not only sealed with his own seal (which appeareth by these words) Ego Edwinus gratia Dei totius Britannicae telluris Rex meum donum proprio figillo confirmavi, but also the Bishop of Winchester put to his seal, Ego Aelfwinus Winton' Ecclesiae divinus speculator proprium sigillum impressi. And the Charter of King Offa, whereby he gave the Peter-pences, doth yet remain under Seal. The either of which two Charters, are much more ancient than that of Saint Edw. before mentioned, yet happily there may be some reason probably affirmed why as well King Edwin and the Bishop of Winchester, as Offa, who was King of Mereia about the year 788. did annex their Seals to their Charters, which no King of England or Nobleman did before or after them, (except Saint Ed.) until the coming in of the Conqueror, that ever I could learn, hear, or read of, in any Author. Nevertheless, I must of necessity leave the search of such reason to others better studied in the Commentations and alterations of persons, times, and customs than I myself, however I never heard any one deny, but that the frequent use of sealing Deeds did commence in the time of Ed. 3. and was not ordinarily used amongst private men until then, as hath been formerly touched.   

Of the Date. Dat'.  
IN this clause the Style of the King at large, the year of his Reign, and the year of our Lord God, according to the computation and account of the Church of England, together with the day of the month are expressed. In former times Deeds were often made without date, and that of purpose, that they might be alleged within the time of prescription, as Sir Ed. Coke, in his said Book of Institutes, fo. 6. very worthily observes, and moreover that the date of Deeds, was commonly added in the Reign of Ed. 2 and Ed. 3. and so ever since, to whom I refer you, who in the place last quoted, hath very excellent matter and observations thereabouts. And thus to perform what I promised, I will speak a word or two concerning Livery of Seisin, and so conclude.   

Livery of Seisin.  
LIvery of Seisin is a ceremony in Law, used in the conveyance of an Estate of Freehold at the least in Lands and other things corporeal: but in a Lease for years, at Will, etc. Livery of Seisin is not required, it being only a Chattel and no freehold. By Livery of Seisin, the Feoffor doth declare his willingness to part with that whereof he makes the Livery, and the Feoffees acceptance thereof is thereby made known and manifest. The Author of the new Terms of the Law, saith that it was invented as an open and notorious thing, by means whereof the Common people might have knowledge of the passing or alteration of Estates from man to man, that thereby they might be the better able to try in whom the right and possession of Land's and Tenements were if they should be impanelled on Juries, or otherwise have to do concerning the same. The usual and common manner in these days of delivering of Seisin, I know to be so frequent, that of purpose I will omit it: But I pray you note with me before I make an end, that Livery of Sesin is of 2 sorts, viz. Livery of Seisin in Deed, and Livery of Seisin in Law, which is sometimes termed livery of Seisin within the view. Livery of Seisin within the view cannot be good or effectual, except the Feoffee doth enter into the Lands, etc. whereof the Livery of Seisin was made unto him in the life time of the Feoffor; & it is not to be passed over in silence, that a Livery in Law may sometimes be perfected by an entry in Law, as if a man maketh a deed of Feoffament, and delivers Seisin within the view, the Feoffee dares not enter for fear of death, but claims the same, this shall vest the Freehold and inheritance in him, to which effect you may see the opinion of certain Justices, 38. Assis. Pl. 23. upon a verdict of Assize in the County of Dorc. And I conceive that this vesting of a new Estate, in the said case in the Feoffee, making his claim were he dares not enter, stands upon the same reason, for (contrariorum eadem est ratio) that the revesting of an ancient Estate and Right in the disseisee doth by such claim, whereof you may read plentifully in Littleton his Chapter of Continual Claim. It is worth the observation that no man can constitute another to receive Livery for him, within the view, nor yet to deliver (as I have heard my Master say) for none can take by force or virtue of a Livery in Law, but he that taketh the freehold himself, & è contra. Otherwise it is to take and give Livery of Seisin in Deed, for there aswel the Feoffee in the one case may ordain and make his Attorney, or Attorneys in his name and stead, to take Livery, as the Feoffor in the other case to give Livery, Concurrentibus iis quae in jure requiruntur. And now let Delivery of the Deed to be added to the sealing thereof, and the state executing of the Lands thereby conveyed, and then I presume none will refuse to allow that every thing hath been named, which is essentially required to the perfection of a bare Deed of Feoffament, and although I have mentioned the delivery of the Deed in the last place, yet it is not the least thing, or of the least consequence or moment, for after a Deed is sealed, if it be not delivered, est anul purpose, it is to no purpose, and the delivery must be by the party himself, or his sufficient warrant: So it may be gathered from what hath been said, that sealing of Deeds without Delivery is nothing, and that Delivery without Sealing will make no Deed, but that both Sealing and Delivery must concur and meet together, to make perfect Deeds.  
I hope such as are present at the Sealing and Delivering of Deeds of Feoffament, and the State executing thereupon, will not forget to subscribe their names, or marks, as witnesses thereof, whereby they may the better be enabled to remember what therein hath been done, if peradventure there shall be occasion to make use of them. And it is not amiss here before I end, to observe, that although upon Deeds of Feoffament, etc. it was not usual before the latter end of Hen. 8. or thereabouts to endorse or make mention upon such Deeds of the Sealing and Delivering of the Deeds, or state executing of the Lands, etc. intended thereby to be conveyed, (for I myself have many Deeds of Feoffament which do testify as much) yet it is to be credibly supposed, and not without some manifest probability, that such persons whose names are inserted after a certain clause in such Deeds, beginning with hiis testibus, were eye-witnesses of all. Thus desiring you to take notice that I have called the said six parts of the Feoffament formal, because they are not absolutely of the essence of Deeds, etc. manebo in hoc gyro. I will here conclude, requesting all those to whom any sight hereof shall, or may happen to come, friendly to admonish me of my failings herein: Whereby they shall ever engage me thankfully.  
FINIS.