THE LAW OF CONVEYANCES, SHOWING The Natures, Kind's, and Effects, of all manner of Assurances, with the manner of their several executions and operations.  
ALSO Directions to Sue out and Prosecute all manner of Writs, of Extent, Elegit, and Judicial Writs upon Statutes, Recognizances, Judgements, etc.  
A Warrant to Summon a Court of Survey: And the Articles to be given in Charge, and Inquired of in that Court.  
With an Exposition of divers obscure Words and Terms of Law, used in Ancient Records, etc.  
AND ALSO Plain decimal Tables, whereby may be found the true Values of Lands, Leases, and Estates, in Possession, or Reversion. With a Concordance of Years, etc.  
By JOHN HERNE Gent.  
LONDON; Printed by T. R. for Hen. Twyford, and Tho. Dring, and are to be sold at their Shops, in Vine Court Middle Temple, and at the George in Fleetstreet near Clifford's Inn, 1656.   

TO THE READER:  
Courteous Reader,  
THIS Tract, for the drawing and right managing of all the Essential and Accidental parts of the Laws touching Conveyances and Assurances (which before lay diffusedly in the Books of Law in large Volumes) are here now methodically handled, being Composed by a very eminent Lawyer and Great Conveyancer in the City of London (lately deceased) which coming into my hands, and being by men of good judgement held to be of excellent use, I was persuaded to make the same public for the General good, which I have done accordingly. And for the further advantage of those that desire knowledge in Records, and in Buying and Selling Land, etc. I have added an Exposition of many obscure and abstruse words used in the Book of Doomsday, and in other ancient Records, Charters, and Writings: And likewise very exact decimal Tables, whereby the value of Lands sold or let in Possession or Reversion may easily be known: And also a Concordance of years from King William the Conqueror to this present time, in which the year of our Lord, and the year of the Reign of each King are plainly set down. I doubt not but this piece will be of much use and little Charge, which is the only desire and end of  
J. H.   

THE LAW OF CONVEYANCES OR, A perfect explanation of all the essential and accedentall parts of all sorts of instruments, for the conveying of all things, whether corporal or incorporal, and what words, actions, and circumstances are required by Law thereunto.  
THe Office of the Premises of the Deed is to express the Grantor, Grantee, 
Premises.  and the thing to be granted.  
The Office of the Habendum is to limit the Estate and to explain the Premises. 
Habendum  And his Office is to give, to enlarge and to be pursuing to the Estate contained in the Premises of the Deed, but his Office is not to be repugnant, contrary, lesser, nor to exclude any of the interest before given in the Premises, for if it so doth the estate precedent given shall stand, and the habendum shall be void.  
As if a Feoffment be made to one and his heirs by the Premises of the deed, Habendum to him and his heirs during the life of I. S. Or if a Feoffment be made to one and his heirs by the Premises of the Deed, Habendum to the lessee for term of his life, those words of limitation during the life of I. S. or during the life of Tenant for life, are void words, for that the Habendum is repugnant to the Premises, vide Lo. Coke, 2. Reports, Baldwins Case Fol. twenty three, touching repugnancy between the Premises and the habendum.  
Sometimes the habendum doth control and qualify the general implication of the estate, which passeth by construction of Law, by the Premises of the Deed, as for example.  
A Lease to two, habendum to one for life, the remainder to the other for life, this limitation doth alter the general implication of the joint-tenancy which would have been without the habendum, and therefore the habendum void, in that the Premises doth make them joynttenants, & the habendum would sever the jointure, and make the one to have the whole during his life, and the other the whole after him, Plowden foe 133. vide Sir Ed. Coke, 2. Par. fo. 55. Buchlers case, such a remainder is good.  
And if two acres be given to two habendum, the one acre to one, and the other to the other, that is a void habendum, because it excludeth the interest of the one in the one acre, and of the other in the other acre, where the Premises of the deed hath made them joint-tenants of every parcel.  

Remainders  Every remainder ought to have these several properties and things following, as Notes and Rules to discern and know when remainders are good.  

But note that where a remainder is once well raised by the Livery and Seisin, though the particular estate be afterwards avoided by condition in Law, as by a recovery in waist, or if a Feme Tenant for life disagree to the Livery after the death of her husband etc. Yet he to whom the remainder is limited shall be Tenant in tail in remainder, vi. 1. part. Shellies' case, fol. 101. good cases upon this.  An estate precedent made at the same time the remainder doth commence.  
As if the lessor confirm the estate of his Lessee for years, the remainder in Fee, this remainder is void, because the estate for years was made before the remainder, and not at the time of the remainder.  
If the lessor disseise his Tenant for life, and then makes a new Lease to him for life, the remainder in in Fee, that remainder is void, because the Tenant for life is remitted to the estate which was made long time before the remainder appointed, so the estate precedent was not made at the same time of the remainder, and therefore the remainder void.  
So if the heir endow his mother, the remainder in Fee, this remainder is void though Livery and Sesin be made to the mother, because the dowry hath relation to the death of her husband, and so for that the estate precedent was not made when the remainder was appointed, the remainder is void.  
The particular estate must continue when the remainder shall vest, and the remainder must commence in possession at the very time the particular estate endeth as well in Wills as in the grants, for there may not a mean time between them.  
As if one make a Lease for life, and that a day after the death of Tenant for life it shall remain over, this remainder is void, because the first estate is determined before the appointment of the remainder.  
So if one make a Leese for life upon condition, that if he doth not such an Act, that his estate shall cease, and that then it remain over in Fee, this remainder is void, because it doth not vest during the estate precedent.  
The remainder must be out of the lessor, executed or executory at the time of the Livery and season made, and at the time of the possession taken by the particular Tenant.  
If a man hath issue a Son of nine years, and makes a Lease till his son shall come to his full age, & then the remainder to another in Fee, nothing vesteth forthwith to him in remainder, and the remainder is utterly void, and yet it may take effect, because the remainder ought to pass out of the lessor, forthwith executed or executory, either to him in remainder, or to be in abeyance or custody of the Law, and a franktenement in such case cannot be an abeyance, and therefore the remainder void.  
Lease for years, the remainder over in Fee, if the tenant enter before livery, his term is good, but the remainder is void, because the remainder was not out of the lessor at the time of the possession taken by the particular tenant, but if I appoint the Lease to commence at Michaelmas next, the remainder over in Fee, there although the lessor make Livery to the Lessee, yet the Livery and Seisin and the remainder shall be void; because there was no estate present, whereunto the Livery may be annexed, and whereunto it might unite in the mean time.  
HE to whom the remainder is appointed, must at that very time be a person able and of capacity to take the remainder, or else the remainder shall be void; and it is a principle in Law, that in all gifts, be they by devise, or otherwise, it behooveth to have a Donee in esse, which hath power and capacity to take the thing given, at the very time when it ought to vest, for if there be not any such in rerum natura when the thing ought to vest, 
There is a diversity between a remainder limited by a particular name, for a remainder limited by a general name, may be good, though the person be not in esse at the time of the remainder limited, as in this case next following. This remainder to I S may be good, & yet he hath no heir at the time of the remainder limited, & so of a remainder limited Primogenito filio. But a remainder limited in particular by name of Baptism and Surname, is not good if the party be not in esse, Coke 2. part. Fo. 51. Sir Hugh Cholmleis case.  the gift shall be void, Plowden Fol. 345.  
And therefore if a Lease be made to one for life, the remainder to the Mayor and Commonalty of Cirencester, which then have not capacity to purchase Lands, and after they have gained a capacity to purchase, and then the tenant for life dyeth, the Mayor and commonalty shall not take the remainder; because he was not a person able at the time of the remainder appointed, to take it: so if the remainder were appointed to him whom tenant for life shall name.  
If a Lease be made to one for life, the remainder to I. S. in Fee, who is a monk professed, and afterwards is derained, and then the Tenant for life dyeth, I. S. shall not have the remainder, because he was not a person able to take it at the time of the remainder appointed.  
But if Land be given to one Et filio suo primogenito, and he hath no issue at the time of the gift, and afterwards he hath a son, that Son shall have the Land by way of remainder, and yet the remainder was not out of the lessor, neither did it vest at the time of the Livery, but the law shall construe the Livery and limitation most strong against the lessor. Plowden, 296.  
Lessee for years, the remainder to the right heirs of I. S. this remainder is utterly void, and the Livery thereupon is void, because there is no person capable to take the Frank tenement at the time, and Livery & Seisin may not be in suspense, where the franktenement may not be in obeisance, but Affees may, where the francktenement is well disposed, and where there is a Tenant thereof to the Praecipe.  
THe thing whereof a Remainder shall be created, must be in esse before, and at the time of the appointment and creation thereof, or else the remainder is void.  
For if I grant a rent out of my Land, 
Vide fo. 38.  the remainder in Fee, this remainder is void, because the rent was not in esse before. But at the beginning of a grant, a man may grant a rent in such manner as pleaseth him. And a man may grant a rent newly created to begin after the death of I. S. But when a rent is in esse, or a reversion, remainder, or other thing, a man may not make it to be in esse for a time, and to cease for another time, as to grant it to one after the death of another, or from a day to come, reserving to him an estate in the mean time.  
NO remainder may commence upon any repugnancy or impossibility precedent, nor upon any condition that goeth to the destruction of the particular estate, for conditions always inure in a privity, so that none shall take advantage of conditions, but those which are privies, for none shall enter for a condition broken, but only the Feoffor, donor, and Lessor and their heirs. And as none shall avoid an estate formerly made by the breach of a condition, but only the privies, see none shall take a new estate by the performance of a condition, but only the privies.  
If a Lease be made to two, the remainder over in Fee, after the death of the first of them, this remainder is void, because the Servivor shall hold place after the death of the first, and therefore repugnant and void.  
If a Lease be made for life, the remainder for life, and if the first tenant for life dy, than the remainder over to a stranger over in Fee, this remainder dependeth on a repugnancy precedent, and therefore void.  
If a Lease be made for years rendant rent, and upon condition of none payment; the remainder to a stranger, and Livery is made accordingly, that is a void remainder which doth commence upon a repugnancy precedent, and which dependeth upon a condition which goeth to the destruction of the particular estate, and especially where such a remainder is created by livery and sesin.  
But by a limitation of a devise, or by limitation of use, such remainder is good, as a Feoffment to the use of I. S. for years and upon payment by him of twenty pounds, the remainder to I. D. for life, this is a good remainder. So it is where the remainder is created by the limitation of a last will, as if a man devise his Lands to his wife etc.  
If a man make a Lease for life rendant rent, and upon condition that if the rent be behind, than the remainder to a stranger in Fee, after the first estate ended, that remainder is void because conditions inure always in a privity &c,  
Lessee for life upon condition that if I.S. pay the lessor twenty pounds, that then the lessor shall enter upon Tenant for life, and then the remainder over to another, that remainder is void, because by the entry the first livery is made void, and there is no particular estate continuing whereof a remainder may depend.  
If a man devise his Lands to his wife for her life, upon condition that if she marry, that then the Land shall remain to F. M. in tail, this is a good remainder, for the construction of this demise is to make the same condition to be a limitation, and not a condition, and upon a limitation or determination of a particular estate which is taken and not uncertain, a remainder clearly may well depend.  
As if a Lease be made for life upon condition, that if the Lessee die, the remainder to a stranger, that is a good remainder, because it commenceth upon the determination of an estate which is certain and not uncertain; for every man must die, and every term must end, and therefore it is no condition but a limitation, or appointment when the term shall commence.  
If I make a Lease for life upon condition, that if the Lessee doth such an act, he shall have fee, and he doth it accordingly, there he shall have Fee, because he is privy to the condition, and therefore shall take the benefit thereof.  
A Lease made for years (if the Lessee shall so long live) which is a word conditional, and doth precede the remainder, therefore the remainder which doth commence upon a condition is void, Plowden foe 25.  
But if I make a Lease for life upon condition, that if the Lessee doth such an act, that then he shall have Fee, and he doth it accordingly, there he shall have fee, because he is privy to the condition.  
Lessee for five years upon condition, that if he pay me twenty pounds within two years he shall have fee, the Fee passeth forth of the lessor forthwith.  
Lessee for years upon condition, that if I. S. marry my daughter, during the estate for life, that then it shall remain unto him, this is a good remainder, and yet it doth commence upon condition, for there is an estate whereupon a remainder may be founded, and the condition doth not tr●nch to the destruction of the particular estate.  
If I make a lease for years, the remainder for life, upon condition that if he in remainder doth not such an act, that the remainder shall be void: Now before the condition is broken, the remainder is good, and in him to whom it is appointed, but if the condition be broken then the remainder is out of him, and in the person of lessor again.  
Lessee for life, the remainder to A his wife for her life (if she live so long sole and unmarried) the remainder to D. their Son for his life, the remainder to D. is good, though it commence upon a condition, because the particular estate continueth, and the condition goeth not to the destruction of the particular estate, and the first remainder doth vest during the particular estate, which maketh the latter to be good, though it commence upon the condition. But quaere whether the 2. remainder shall begin upon her marriage or death.  
WHen a particular estate which doth support a remainder, may determine before the remainder may commence, there the remainder doth not vest forthwith but dependeth in contingency.  

Contingent Remainders. Vid. fol. 29.  As if one make a Lease to I S. for life, and after the death of I D. the remainder to another in Fee, this remainder dependeth in contingency, for if I S die before I D. the particular estate is determined before the remainder can commence. So if a Lease be made to A for life, and if B die before A, that then it shall remain to C for life, this is a good remainder upon contingent (if A survive B) A Lease is made to one for life, the remainder to the right heirs of I S. this remainder is good upon contingent, that is if lessee for life survive I. S. or else not.  
A lease to A. for life, the remainder to B for life, & if B. die before A. the remainder to C for life, this is a good remainder on contigent (if A survive B) Plowden Colethirst and Beiushin.  
H. leased to I. for the life of I. & after the death of H. to I and his heirs, this is a good remainder upon contingent, for if H. die living I. than the remainder is good, but if H. survive I. than the remainder is void.  
WHen a remainder is limited to take effect by doing of an act, which act shall be the determination of the particular estate, yet if the act depend upon a casualty and mere incertainty whether it shall happen or not, there the remainder vesteth not forthwith, but dependeth in contingency, 
Vide fo. 51. a good note.  & if a man make a Feoffment to the use of B until C. shall come from Rome into England, & after from such coming, to remain over in fee, this remainder dependeth in contingency, for it is uncertain whether I. will ever come into England or not, and a remainder ought to commence in possession when the particular estate endeth, as well in Wills as in grants, for there may not be a mean time between them.  
And every remainder contingent aught to vest either during the particular estate, or eo instant, 
Contingent remainder.  that it determineth, for if the particular estate be ended or determined in deed or in Law before the contingency happen, than the remainder is void.  
As for example Fr. Archarde was seized of lands in fee holden in Socage, and by his will in writing devised the Land to Ro. Archarde the father for his life, and after to the next heir male of Robert, and to the heirs males of the body of such next heir male, Ro. hath issue Jo. Fr. dieth, Ro. enffeoffeth Ren. with warranty, upon whom J. entereth, and Ren, reenters, and then Ro. dyeth, the right heir male of Robort may not enter for the forfeiture in the life of Robert, for he may not be heir as long as Robert liveth: Note that.  
By the Feoffment of tenant for life, the remainder is destroyed, for by the Feoffment of Ro. his estate for life was determined by condition in law thereunto annexed, and that may not be revived, afterwards by any possibility, & therefore the contingent remainder destroyed.  
So if Tenant for life, the remainder to the right heirs of I S be disseised, and the disseisor levies a fine at the common Law, the right heir of I S shall be bound.  
But in the former case if the tenant for life had been disseised, and died, yet the remainder is good, for the particular estate remaineth in right, and might have been revested, but not in this case Archers case prima pars Lo. Coke.  

Remanere definitio.  Remanere dicitur quasi terra remanens. A remainder is that which passeth forth of the Lessor at the time of the particular estate made.  

Reversionis definitio.  A reversion is that which is left in him that made the particular estate, reversion is derived of this word revertor, so that reversio terrae is the returning of the Land, which is as much in sense as my Lord Dyer defineth it, as the Land returning, so that reversio terrae is terra revertens which is the Land in a certain degree, that is to say, when it is discharged of the particular estate, and possession thereof is come thither where the reversion was, Plowden, 160, 196.  


Creation of Estates.  The Creation of all manner of Estates by the Habendum of the Deed.  
TO have and to hold to the said William Hum her his Executors Administrators and Assigns, from the ensealing and delivery of these presents unto the end and term, 
Habendum  and for, and during the whole time and term of a hundred years from henceforth then next and immediately ensuing, and fully to be completed and ended; (if the said William Humber so long shall live) and if it shall happen the said William to decease, before the end and determination of that said Term (living the said Margaret) then to have and to hold the same message etc. from and immediately after the decease of the said William, unto the said Margaret, for and during the whole Term of 100 years, from thenceforth then next, and immediately ensuing and fully to be completed and ended: (if the said Margaret so long shall live, and keep herself sole and unmarried) and if it shall happen the said Margaret to decease before the end and determination of the said term, or not to keep herself sole and unmarried during the said term, then to have and to hold the said Premises unto Henry Humber.  

Habendum  To have and to hold to the said Edmund Clark and his Assigns, immediately from and after the death and decease of the said Maud Symmes unto the end and term, and for and during the whole time and term of 100 years, from thenceforth next, and immediately following fully to be completed and ended, (if the said E C. so long live) and to have and to hold the said Message etc. to the said Jane C. and her Assigns immediately, from and after the decease of them t●e said M. S. and E. C. unto the end and term of 100 years from thenceforth &c, Note that in such a Lease all those that shall take in remainder, 
Note.  must be made parties to the Lease.  
To have and to hold to the said R. I. and his Assigns from the feast of St. John Baptist last passed before the date hereof &c, from hence forth from the ensealing and delivery of these presents unto the end and term, and for & during the whole term of his natural life; and from and immediately after the death of him the said R. I. the said Message or Tenement, and all other the Premises with all and singular their and every of their appurtenances to remain, and be unto the said I. I. and her assigns for and during the term of her natural life. And after the death of the said R. and I. etc.  
To have and to hold, unto the said R. I. his Executors and Assigns, for the time and term of 99 years from henceforth next ensuing fully to be completed and ended, (if G.I. R. I. and M. I. the sons and daughters of the said R. I. party to these presents by Joan his now wife, or if any of them the said G. R. and M. children of him the said R. I. party to these presents as aforesaid, shall so long live.)  
To have and to hold, to the Lessee and his heirs during the lives of A. B. C. and the longest liver of them, 
To prevent an Occupant.  this limitation shall prevent the occupant, and yet the Lessee may assign it to whom he will, or if he hath already an estate for another man's life, it were good to assign his estate to divers men, and their heirs during the life of ceste que vie. For  
If A. hath Land conveyed to him for the life of B, and A. dieth without making any estate of it, whosoever first entereth into the Lands after the death of A, shall have the Land during the life of B. For to the heir of A. it cannot go, because it is no inheritance, nor to his Executors, because it is not a testimentary estate that should go to the Executors, as goods and Chattels.  

Limitations which do determine an estate without entry or claim. vide plus. fo. 17.  To have and to hold to the Lessee, quousque (viz.) until I. S. come from Rome. A Lessee to a woman, quam diu casta vixerit, or to a Widow for her life, si tam diu in pura viduitate vixerit, or to another, dummodo solverit talem redditum, or quamdiu, as the Lessee shall be dwelling on the Manor, or quamdiu the Lessee se benegesserit donee: us quead: quousque tam diu, to have to the Lessee for 100 years, (if the Lessee so long live) all these are limitations which do determine the estate without any entry or claim.  
A Lease is made to A. and his assigns, habendum to A. during his and the lives of B. and C. this is a good Lease for these three lives, and the longest liver of them. Lo. Coke. 5. part. fo. 13.  
A Lease to A. and B. for their lives, A. dieth B. shall have it during his life, it is an interest. But if a Lease be made to I. S. during the life of A. and B. there if one of them die the estate is utterly determined, for that is a limitation.  

Habendum & reddendum.  To have and to hold unto the said I. W. his Executors and Administrators, from and immediately after the time, that the estate term and interest which the said I G now hath, of, in, or to the Premises, shall happen to be ended, by the death, forfeiture, surrender, or other expiration of the estate and term of the said I G. formerly granted by copy of Court-Roll, by Sir S. P. Knight deceased, to the said I G. and I W. and to one Do. White deceased for the term of their lives, and the longest liver of them successively, at the will of the Lord, according to the custom of the Manor of R. aforesaid; which said Copy of Court-roll beareth Date the fifth day of April, in the ninth year of the reign of our Lady Q. E. for and during the term of 99 years, from henceforth then next and immediately ensuing, and fully to be completed and ended: 
Reddendum.  (if the said I. W. A. W. and B. W. or either of them so long shall live) yielding and paying therefore yearly unto the said H. P. his Heirs and Assigns during the said respective term hereby limited, at the Manor house of the said Sir H. P. at Saparton aforesaid, the sum of thirteen shillings four pence of currant english money, at the feasts of St. Michael the Archangel, and the Anuntiation of the blessed Virgin Mary, by equal portions, the first payment thereof to begin and to be made in manner aforesaid, at such of the said feast days which shall next ensue the expiration, forfeiture, or surrender of the said estate and term formerly granted by the said Sir I.P. to the said I G. as aforesaid. And also yielding and paying to the said Sir Henry P. his Heirs or Assigns at and upon the death and decease of every person dying tenant in possession of the Premises by virtue of this demise, and grant, his, her, and their best beast, for and in the name of a Herriot, or three shillings of currant etc. at the only choice and election of the said H P. his Heirs and Assigns.  
And if it shall happen the said yearly Rent of etc. 
Contingat.  to be behind unpaid in part or in all by the space of etc. after any the said Feasts or days of payment whereat or wherein the said aught to be paid, or the said Herriots or Herriots money, not to be paid in form aforesaid when the same shall be due or aught to be paid, that then etc.  
Habendum to one for life, and three years over to his heir, he is tenant for life, 
Habendum for life and 3. years over etc. Habendum for life, the remainder for years.  and this term for years is a Chattel in the Lessee, which his heir shall not have but the Executor.  
Habendum to I S. for life, the remainder for ten years & doth not speak to what person, that is a term for 10. years in the Lessee created by the Livery & Seisin, for the term for years may be in the person of him that hath the franktenement, dependant after the estate for life, but not before or precedent to the state for life in the same person, because a term may not divest or suspend a franktenement.  
A Lease to one for life, and for 2. years over to his Executors or Assigns, or to his Heirs, all is in the Lessee because all is coupled and conjoined in one gift. But otherwise it is where a Lease is made to one for life, the remainder to his Executor for 2. years or the remainder to his heir for 2. years, this remainder is in obeyance, until after the death of the Lessee, and then it shall vest in the Executor or heir as a chattel by them purchased, for heir, or executor is a good name of purchase of it, and tenant for life may not give forfeit, or devise the same term.  
The same Law is where a Feoffment is made to the use of I N. for life and after to the use of his assign for twenty years, the lessor may nominate an assignee that shall have it, and it shall vest in him as a Chattel by him purchased, for he shall be said assignee in sense of an assignee to take it, and in the mean time it shall be in Abeyance, and note that assignee is 2. ways, the one is the grantee of the estate which was in the grantor before, and the other is a person nominated or appointed to take any thing.  
Lessee for life, the remainder to him for 21, years, he hath both estates in him so distinctly, as he may grant away either of them, for a greater estate may uphold a lesser, but not e converso, for if a man make a Lease to one for 21. years, the remainder to him for term of his life, the lease for years is drowned.  
Lessee for life, the remainder to his Executors for 21 years, the term for years shall vest in him, if an estate be made to A for life, the remainder to B in tail, the remainder to the right heirs of A, the Fee vesteth in A. as if it had been limited to him and his heirs.  

Exclusive and inclusive. vi. fo. plus. 48. 23.  If a Lease be made by indenture dated the 26. of May to have and to hold from the Date, or from the day of the Date from the day of the making, or from the day of the sealing and delivery, the Lease shall begin upon the twenty seaventh day of May, for these words are exclusive, and do exclude the day of the date, and makes it to be no part of the demise.  

Inclusive.  But if the Lease bear date the twenty sixth of May, to have and to hold from the making, from henceforth, or from the ensealing and delivery hereof, than it shall begin on the day it was delivery, for the words of the Indenture are not of any effect till the delivery, for these words are inclusive, and make the day to be parcel of the Term.  
Where the words of the statute of 27. H. S. Cap. 16. 
Inrolements. 27 H. 8.  of Inrolements are (within six Months, after the date of the same writings indented) that if such writings have a Date, that the six months shall be accounted from the Date, and not from the delivery, but if it want date then from the delivery, Di●r. 5. Eliz. 218.  
An Indenture of Bargain and sale, bare date 4. 
vi. fo. 23  October 4. and 5. B. and M. and was enrolled, 21. Martii prox. sequen. which was the last day of the six months accounting the day of the date exclusive, this Deed was well inroled within the said act, for the whole day of 4. Octo. shall be accounted in Law the date of the Indenture, unde sequitur, that from the Date and from the day of the date, are all of one sense, insomuch as in judgement of Law, the Date includeth all the day of the Date.  
If the habendum be for the term of 21. years without mentioning when it shall begin, it shall begin from the delivery, for there the words take effect as aforesaid.  
If an Indenture of Lease bear date, which is void or impossible, as the thirtieth day of February, or the fortieth day of March; if in this case the term be limited to begin from the date, it shall begin from the delivery, as if there had been no date at all.  
And so it is if a man by Indenture of Lease either write a Lease which is not, or is void, or misrecite a Lease in point material which is in esse. To have and to hold from the ending of the former lease, this lease shall begin in course of time from the delivery thereof, Coke. Lib. 5. fo. 1. 12. Eliz. Dier. 218.  
Habendum to I. and to the heirs of his body lawfully begotten. 
Taile general.   
Habendum, to I. and A. his wife and to the heirs of their two bodies. 
Taile special.   
Habendum, to I. and A. his wife and to the heirs males of their two bodies.  
Habendum, to I. and to the heirs males of his body, or heirs female.  
Habendum to I. & A. uxor ejus and to the heirs of I. which he shall beget of the body of A. his wife.  

Taile special in the husband & the wife for life only.  Habendum to I and A his wife and to the heirs of the body of I. engendered.  
* Habendum to I. and A. his wife, and to the heirs of A. of her body by I. to be begotten.  

* Tail general in the husband & the wife for life only.  Habendum to I. and A. his wife and to the heirs which I. shall beget upon the body of A. his wife, both have estate tail, because these words (heirs) is not limited more to one then to the other.  

* The wife hath tail general & the husband frank tenement. Both have estate tail. Taile special in both.  Habendum to I. and A. his wife, and to the heirs of their two bodies, this is tail special as well in the husband as in the wife. But if I. give Lands to I. & A & to his heirs which he shall beget of A. his wife, here A. hath but estate for life, and I. hath estate in tail special, but in this case if he had said to the heirs, and not to his heirs, then either of them should have had an estate in tail special, because these words (heirs) is referred as well to the one as to the other.  
If Tenant in tail special, hath issue and die, the issue is forthwith remitted to the tail general, and such issue and all his issue shall stand so seized for evermore.   


Uses 27. H. 8. cap. 10.  Creation of estates tail raised by way of limitation of uses.  

The expression of divers and sundry uses.  TO have to the said Feoffees, their heirs and assigns for ever, by the several uses, intents, and purposes, and under and upon the conditions, provisoes and limitations hereafter, in and by these presents limited and declared, and to no other use, intent or purpose, that is to say, the aforesaid Manors of Compton, etc. withal and singular their and every of their rights, members and appurtenances whatsoever, to the use and behoof of the said H. P. for the term of his life without impeachment of etc. 
For sale of Lands to pay debts and Legacies.  and after his decease to the use and behoof of the abovenamed Feoffees and their heirs in trust and confidence, and to the intent & purpose that they the said Feoffees and the survivors or Survivor of them, shall and will by sale of such parts and parcels of the Premises, as they or the survivors or survivor of them or their heirs shall think fit to be sold, and by the issues and profits of the residue pay and discharge all the Debts, Legacies, and Funeral expenses of the said Sr. H. P. and after payment and discharge of the same debts, Legacies, and expenses, shall and will convey and assure all the residue of the Premises limited to their use, 
For intailing of Lands to the tenth generation.  and remaining unsold unto the said H. P. Esq son of the said Sir H P. and the heirs of his body issuing, and for default of such heirs to the use of the said La. F. P. La. S. and I. F. and the heirs of their several bodies issuing, and for default of such issue to the use of the right heirs of the said Sir H. Poole for ever. 
To the use of the first son of the body of the said K. P. lawfully to be begotten, and of the heirs males of the body of such first son issuing. Entail first to the issue male, and then to the issue female, when they shall come to the age of 〈◊〉.   
And the said Manors of S. P. C. etc. and all other the Premises, whereof and wherein there is not any use in and by these presents already specially limited and declared, to the use and behoof of the said Sir H. P. Knight, for the term of his life without impeachment etc. And from and after his decease to the use and behoof of the said H P. son of the said Sir H P. for the term of the life of the said H P. the son without impeachment &c and from and after his decease, to the use of the first son to be begotten of the said H. P. son of the said Sir H. P. and of the heirs males of the body of the said first son issuing, and so on to the tenth son, and for default of such heirs to the use of every other the sons to be begotten by the said H. son of the said Sir H P. as they shall be in seniority or age, and of the heirs males of the several bodies issuing, that is to say, as for and concerning the Manors of etc. with their and every of their several rights members, and appurtenances to the use of him the said H. P. for and during the term of his natural life without etc. and from and after his decease to the use of the first son of the body of the said H P lawfully to be begotten, 
A Fine was levied to the A. uses of and the heries males of his body until he, or the heirs males of his body. have done such an act, and after such a thing or act done, to the use of another in tail, & died without issue without anything done, and it was adjudged that the remainder was in contingency, & shall never fall Coke, 10. a part. fo. 85. Uses. Jointer for the Wife. Taile special.  and of the heirs males of the body of such first son issuing, and so to the tenth son. And for default of such issue, then to the use of every other the sons etc. and for default of such, issue to the use of B P. the now first begotten daughter of him the said H P. from and after such time as the shall accomplish the age of sixteen years, for and during the term of her life, and after her decease to the use of the first Son of her body which shall be begotten, by such her husband which shall be of the surname and blood of the Pools, and of the heirs males of the body of such her first son issuing, and so to the tenth son. Then entail the lands in form aforesaid to the first, 2. 3. 4. 5. and tenth daughter, and this limitation following, and to the use of the Executors of him the said H P. for and until such time as the several daughters which shall take any benefit, by virtue of these presents, shall accomplish their several ages of 16. years respectively, and after the death of the said H P. without issue male or female qualified as aforesaid.  
Then to the use of Dame F P wife of one Sir N P Knight, sister of the said H P for and during the term of her natural life, and after her decease to the use of H P. Esq the first son of the said sir N. P. and Dame F and of the heirs males of the body of the said H issuing, and so to the tenth son. And for default of such issue, then to the use of the right heirs of the said H P party to these presents, for ever.  
And as for and concerning the Manors of C and S to the use of the said H P for the term of his life, without etc. and from and after his decease to the use and behoof of B. P. his wife for and during the term of her life for her jointure. And from and after the several deceases of them the said H and B P. then to the use of the heirs males of the body of the said H P lawfully to be begotten. And for default of such issue then to the use of Dame F. P. for and during the term of her life, until such time as she the said Dame F. or any other by her allowance shall by any public act by him or them done or suffered to be done, seek, endeavour, 
To the use limited for life, until she shall practise to do an act.  or put in practice for to avoid or question the jointure, of the said B P either in part or in all, or any other estate, grant, Lease, or use whatsoever now made or at any time hereafter to be made and limited by the said H P of any part or parcel of the said Manors, Lands, and other the Premises, and immediately from and after such public act as aforesaid, or after the decease of the same Dame F then to the use of H P Esquire son of the said &c. until etc.  
And for and concerning the enclosed ground and Park, to the use and behoof of the said H P for his life, 
To the use of a woman for part of her Jointure. Jointure by way of the lymitation of a yearly anuity.  and after his decease to the use of the said Dame G. for term of her life for part of her Jointure.  
And after her decease to the use, intent, and purpose, that such other wife as the said H P. shall have at his decease (other than the said Dame G) shall and may receive, and take out of the said Park ground, and other the last mentioned Premises one yearly rend of 200 pounds of lawful money of England, for the term of the life of such wife for her jointure, the said rend to be paid at the feast of St Michael the Archangel, and the anuntiation of our Lady, by equal portions.  
And after etc. to such uses, intents, and purposes, 
Uses limited to one's last will and testament, and for want of such will to any other uses etc. vide plus, 18. 2. 8, Uses first of all raised for divers men's lives.  as the said H P by his last will and Testament in writing, or by any writing, or by any writing to be made by him, sealed and subscribed, shall limit and declare, and for default of such limitation or declaration, to the use and behoof of the said H P. and his heirs for ever.  
That is to say, to the use and behoof of the said F M and of his Assigns, for, and during the joint lives of him the said F M. and the said E M his son without impeachment etc. and from and after the decease of the said F in case the said F shall fortune to departed this present life during the life of the said E M. his son, then as for and concerning the manor and Lordship of T. with all his rights, members, & appurtenances, to the use and behoof of the said A. now wife of the said F F.M. and of her assigns for and during the term of her natural life (if the said E. M. the son shall happen so long to live) and from and after the decease of the said E. M. 
Uses raised for satisfaction of Jointure & dower.  then as for and concerning the Scite or chief Mansion house etc. to the only use and behoof of the said B. for term of her natural life, for and in full satisfaction and recompense of all such Jointure and Dower, as to the same B. shall or of right aught to belong or appertain, by, from, and after the decease of the said E. M her husband. And as for and concerning the residue of the said Manor of etc. to the only use and behoof of the said A. and of her assigns, absolutely for term of her life in full satisfaction of the Jointure of the said A.  

And then after the lives ended, the use of the reversion expectant on those lives is settled.  And as for and concerning the reversion and reversions, remainder or remainders of the said Manors etc. as the said uses, estates, and interest thereof, herein before limited or expressed, shall be fully ended and determined, and for and concerning the said Manor of &c. as the estates and interests thereof before limited or expressed in these present Indentures, shall fully end and determine. Then to the use and behoof of the said F. M. for term of his natural life without etc. and from and after his decease, then to the use and behoof of E. M. for term of his life, without etc. and from and after his decease to the use and behoof of the first son to be begotten by the body of the said E. M. and of the heirs males of the same first son lawfully begotten, 
To the use of every other the sons as they shall be in seniority or age. Lands conveyed to uses for the raising of portions for daughters.  and so to the second son unto the tenth son.  
And for default of such issue then to the use and behoof of every other the sons to be begotten by the body of the said E. M. successively as they shall be in seniority or age, and of the heirs males of their several bodies lawfully begotten.  
And for default of such issue then to the use and behoof of all, and every the daughters which the said E. M. shall have begotten on the body of the said B. at the time of his decease being then unmarried, and of their assigns, from and after such time as each of them shall have accomplished their several ages of 18 years, or be married, to and until such time as every of the same daughters, successively one after another as they shall be in seniority or age, shall or may levy, receive, and take to every of their own  uses and behoofes of the rents, profits, and issues of the Premises; the several sums of 300. pounds a piece, of currant money of England, or otherwise shall be fully satisfied, contented, or paid of the said several sums, by such person or persons to whom the next immediate reversion or remainder of the premises shall then by the intent and meaning of these presents of right belong and appertain. And from and after such time as the said several sums, of 300. pounds shall be fully levied, received, or paid, as is aforesaid etc. and for default of such daughters, whichsoever of them shall first happen. Then to the use of T. M. second son of the said F. M. for term of his life, and so on with an entail as before; and for default of such issue, then to the use and behoof of the said E. M. and of his heirs for ever.  
And as for and concerning the said Manor of etc. 
Uses raised for payment of debts and performance of his last Will.  to the use of F. M. for life, and then to daughters for portions, in such manner as is next before limited. And from and after such time as the said several sums of etc. shall, or may be had, levied, or taken; then to the use and behoof of the Executors and Administrators of the said F. M. for, and during the term of ten years then next following, for, and towards the payment of the debts of the said F. M. the father, and for, and towards the performance of his last Will & Testament, and from and after the end of the said term of 10. years, then to the use and behoof of the said E. M. for his life, without etc. and so on with an entail, et supra.   


Reddendo & reservando. A rent must be reserved out of Lands or tenements, whereunto the Lessor may have resort or recourse to distrain, & therefore a rent cannot be reserved by a common person out of any incorporeal inheritance, as advowsons, commons, Offices, corody, multure of a Mill.  Reservations of Rent, with all incidents belonging thereunto, and how tenant in tail must reserve the rent upon his Lease.  
A Man makes a Lease the first of October for ten years from the feast of St. Michael then last passed, yielding to him and his heirs 20. pounds at Michaelmas or within one month after in this, case if the lesser die between the feast of St. Mic. and the end of the month, the heir shall have the rent as incident to the reversion, and not the executors as rend behind, because it was not due till the end of the Month. And so if the Lessor between the said two days had granted the reversion over, and the Tenant attorne the Grantee shall have the rent as incident to the reversion  

Tithes, Fairs, Markets, Liberties, Privileges, Franchises, and the like: But if the lease be made of them for years, by deed it may be good by way of contract, to have an action of debts, but distrain the lessors cannot, neither shall it pass with the grant of the reversion, for that it is no rent incident to the reversion, but if any grant be reserved in such case upon a lease for life, it is utterly void because in that case no action of debt lieth. But if a man deviseth the vesture or herbage of his land, he may reserve a rent, for that the thing is maynorable, and the lessor may distrain the cattle upon the land, a reversion or remainder of Lands or Tenants may he granted, reserving a rent for the apparent possibility, that it may come in possession, & they are tenements within the words of Litleton Vide fo. 44.  A man makes a Lease for years yielding a yearly rent at the feast of Pasch. or a month after, with condition of reentry, and the Lessee tenders the rent at the last instant of the day of the feast of Pasch. The Lessor in the case may not re-enter upon demand made the last instant of the month, because the Lessee hath liberty to pay it then, and the diversity was taken between the disjunctive reservation, and when the reservation is at a certain feast, and a condition is added, that if it be behind by the space of a month after the feast, that then the Lessor shall re-enter, there the lessee for the salvation of his Lease may not tender it at the last instant of the Feast day, because he hath not such liberty and election as in the other case, and it was resolved by all the Justices that in the said case of the disjunctive reservation, if the lessor die between the said two days the heir shall have the rent, and not the Executor.  
A man leased certain lands for years yielding yearly a rent of thirty pounds at Michaelmas, and the Anuntiation, or within 12. days after every of the said feasts, payable at the Fontstone in the Temple Church London, upon condition that if the said rend of 30 l. or any part thereof be behind and unpaid by the aforesaid space of twelve days next after any of the aforesaid Feasts or days of payment thereof, as is aforesaid, thereof as is aforeraid that then the said Lease shall be void, and it was adjudged that the lessee in safeguard of his Lease shall have 12. days, after the 12. days to pay the rent, for when the rent is not paid at the first day, it is as much as if it had been reserved upon the twelfth day after.  
And where it is said per perdictum spacium 12, dierum post etc. by good construction all the words ought to take effect, (viz.) post aliquod festorum praedict. seu dierum solutionis inde, and dies solutionis is the 12. day after the feast, and therefore the Lessee shall have 12. days, after the twelfth day which is, dies solutionis post festum etc. and that for the most a veil of the Lessee, for whose benefit over time was given, and those words praedictum spatium 12. dierum, standeth well in good sense (viz.) post praedictum spacium 12. dierum post praedictos 12. dies, for that is praedictum spacium, though it hath not the same commencement a the other hath. And so the quere in 3. and 4. P. M. fo. 142. well resolved. Dier.  
A Parson of a rectory made a lease for years, rendant rent at Michaelmas or within a month after. The Lessor died ten days after Michaelmas, and was barred by judgement of the Court because the lessor died before the rent was due.  
Dame Eliz. Pawlet seized of the Manor of Wade, for her life by Deed indented, demised the Manor to William Pawlet for 99 years (if she the said Dame Eliz. did so long live) yielding the rent of 100 pounds, at Michaelmas and Pasch. or within 40. days after either of the said feasts, W. Pawlet made Dulcibel his wife Executrix and died, Dulcibel took to husband john More Esq Dame El. Pawlet made Edward Walgrove her Executor & died the thirteenth day after Michaelmas, her Executor brought an Action of Debt for the half years rend ended at the Feast before the death of the said Eliz. & tota Cu●ia contra quaerentem.  
Yielding and paying therefore yearly during the said term unto the said etc. the yearly rent or sum, of a 100 pounds, 
Rend reserved to be paid of the thing demised and without any demand of the rents; so note, that by special consent of the parties a reentry may be for default of payment of rent without demand thereof. Nomine penae forfeited for nonpayment of rent without any demand made.  at two terms or Feasts in the year most usual by equal portions, the first payment thereof to begin at the Feast etc. next ensuing the date hereof, the same payments to be made yearly, at or in the Manor house etc. And if it shall happen the said yearly rend of 100 pounds, or any part or parcel thereof to be behind, unpaid, in part, or in all, by the space of 40. days over or after any the said Feasts or days of payment thereof before mentioned, at or on which the same aught to be paid as aforesaid, that then and so often without any demand to be made at the said Manors or either of them or other the Premises, or to the person of the said H. P. his Executors and Assigns, the said H. P. his Executors Administrators and Assigns shall forfeit, lose and pay for and in the name of a pain, or nomina paenae, the sum of 5. pounds of etc. and then and from thenceforth it shall and may be lawful to and for the said A. B. C. D. their Executors Administrators and Assigns, or any or either of them, into the said Manors, Lands, Hereditaments and Premises with the appurtenances to enter and distrain, as well for the said rend of 100 pounds, or any part or parcel thereof so behind and unpaid, and the arrearages thereof (if any b●…) as also for the said sum of 5. pounds nomine paenae, so to be lost as aforesaid, and the distress and distresses so there taken and had, lawfully to lead, drive, take, & carry away, imparke and impound, and in pound to detain and keep until they shall be thereof lawfully satisfied and paid.  
And if it shall happen the said yearly rent of etc. 
A reentry for non payment of rent though no demand be made of the rent. vide plus fo. 13.  or any part or parcel thereof, to be behind and unpaid in part, or in all by the space of 40. days, over or after any or either the said Feasts or days of payments thereof before mentioned, at or which the same aught to be paid as aforesaid, that then and so often and without any demand thereof as aforesaid, it shall and may be lawful to and for the said A. B. C. D. their or either of their Executors, Administrators or Assigns into the said Manors and Premises with the appurtenances, to re-enter and the same to have again, retain, repossess and enjoy, as in their first and former estate, any thing herein to the contrary contained in any wise notwithstanding.  
Note, when any sum, nomine paenae shall be forfeited, demand must be made precisely at the day, a convenient time before sun setting. In the one case in respect of the condition, and in the other in respect of the penalty, unless it be made without any demand, as it is in this last case before, Coke. 7. part. fo. 28. mands case.   

Demand of Rent, and how it ought to be made to take benefit of a reentry. 
How to make a perfect demand to re-enter for nonpayment of rent.   
ANd if it happen the said rend to be behind and upaid by the space of ten days, after any the said Feasts etc.  
The last instant of the last ten days is only of effect, aswell for the Lessee to be ready to pay it, as for the lessor to demand it, and to demand it the last instant of the tenth day, is sufficient for him without any demand at the first day, or Feast when it was first due. Howbeit the Lessor must make demand the last instant of the tenth day before the sun setting, or else he may not re-enter, and if the lessor do not come upon the land the last instant of the last day for to demand the rent, nor the Lessee is there to pay it, the Lessor shall never enter, because he ought to do the first act, (viz.) to demand it, and such demand shall not be until the other be holden to pay it, and that is not till the last instant of the last day, which time is only material for them both. Plowden. fo. 173.  
If a man make a Lease for life or years, rendant rent at such a Feast, and if it be behind, that he shall enter, there the Lessor ought to come to the Land and demand the rent, otherwise he shall never enter, for there the rent is only payable upon the land, and the land is his Debtor, and therefore though the Lessee be absent yet the lessor ought to demand the rent of the Land as of the principal Debtor, and as that which may yield a distress, if the rent be not ready thereupon, for if he doth not make a demand he shall never enter for default of payment, although the lessee be absent, for the lessors being upon the land at the extreme time of payment of the rent, and to testify to the jury that he was there ad petendum redditum, and not prove quod petebat redditum, his being there before sun set, and staying there after sunset doth nothing avail, Plowden Kedwelley verse. Brande.  
If a Lease be made rendant rend, with reentry for default of payment, if the rent be behind and title of entry given, and then the lessor distraineth for the rent, he shall never enter afterwards for that rent then behind, because that by the distress he affirmeth the term to have continuance, Plowden foe 133.  
If the lessor made an acquittance to the Lessee for rend behind after the time in which the condition is supposed to be broken, he shall never re-enter afterward,  
If one Lease two Acres for life, rendant to him and his heirs for the one 12. pence, and rendant to him 12. pence for the other, his heir shall not have the 12. pence last reserved, because it was not reserved to him & his heirs, and yet if he had reserved the rent without saying any more, the law would have said, that he and his heirs should have had it, but when he saith, reserving to him, the law will not help any further than his own words extend, Plowden, foe 171.  
Yielding and paying to the Lessor, 
How tenant in tail ought to reserve the rent reserved on his lease.  and to every person to whom the inheritance or the reversion of the Premises shall appertain during the term, this is a good reservation, for the law will distribute it to whom any limitation of use shall be made; but it was agreed that the clearest and surest way was to reserve the rent yearly during the term, and leave the law to make distribution, without any express reservation to any person, but it was resolved that all the said three several ways were good and effectual, Coke. 8. part. fo. 69. Whitlocks case.  
Queen Eliz. made a lease for years rendant rent, 
Demand where it must be made.  payable at her receipt of her Exchequer at Westminster, or to the hands of her Bailiff, or Receavor etc. with the usual condition, to be void for none for non payment of the rent, afterwards the Q. granted over the reversion to another & to his heirs; now where the patentee should demand the rent, was the question. And in this case it was adjudged, the demand ought to be made upon the Land, Coke. 4. part. fo. 72.  
When Qu. Eliz. made a Lease for years rendant rent, which condition ut supra, the Qu. shall take advantage of the condition without any demand; but when she grants the reversion over, her grantee shall not take advantage of the condition without demand.  
If the King make a Lease for years rendant rent, without limiting any place, or to whose hands it shall be paid, the Lessee may by the law pay it either at the receipt of the Exchequer or to the hands of the King's Bailiffs or Recevors.  

Excellent matter touching demands, and where the demand ought to be made.  If a man by Deed indented enfeoff another in fee-simple, rererving to him and his heirs a certain rent payable at one Feast or divers Feasts, upon condition that if the rent be behind then a reentry, in this case, though the rent be behind and not paid, yet if the Feoffor doth not demand the same etc. he shall never re-enter because the land is the principal debtor, for the rent issueth out of the Land.  
The demand must be made upon the land, because the Land is the Debtor, and that is the place of demand appointed by the law, Coke. Liber 4. fo. 72. 73. Borowes Case.  
If the rent be reserved to be paid at any place from the Land, yet it is in Law a rent, and the Feoffor must demand it at the place appointed, by the parties, observing that which shall be said hereafter concerning the most notorious place, Coke. liber. 4. 73. Plowden foe 70.  
If there be a house upon the Land, he must demand the rent at the house, and he may not demand it at the backdoor, of the house, (but at the foredoor) because the demand must ever be made at the most notorious place, and it is not material whether any person be there or no; albeit the Feoffee be in the hall or other part of the house, yet the Feoffor need not but to come to the foredoor for that is the place appointed by the Law, though the door be open, 15 Eliz. Dier. fo. 329.  
If the Feoffment were made of a wood only, the demand must be made at the gate of the Wood, or at such highway leading through the Wood, or other most notorious place, and if one place be as notorious as another, the Feoffor hath election to demand it at which he will, and although the Feoffee be in some other place of the Wood ready to pay the rent, yet that shall not avail him. 15. Eliz. Dier. fo. 329  
And if the Feoffor demand it on the ground at a place which is not most notorious, as at the backdoor, of a house etc. & in pleading, the Feoffor allege a demand of the rent generally at the house, the Feoffee may verse the demand, and upon the Evidence it shall be found for him, for that is a void demand.  
And all this is to be understood, when the Feoffee is absent, for if the Feoffee cometh to the Feoffor at any place, upon any part of the ground, at the day of payment, and offer his Rent, albeit they be not at the most notorious place, nor at the last instant of the day, the Feoffor is bound to receive it, or else he shall not take any advantage of any demand of the Rent for that day.  
Therefore the place of demand being now known, it is further to be known what time the Law hath appointed for the same; this partly appeareth by that which hath been last said; for albeit the last time of demand of the rent is such a convenient time before sun setting of the last day of payment, as the money may be numbered and received, notwithstanding if the tender be made to him that is to receive it, upon any part of the Land, at any time of the last day of payment, and he refuseth, the condition is saved for that time, for by the express reservation, the money is to be paid on the day indefinitely, and convenient time before, the last instant is the uttermost time appointed by the law, to the intent that then both parties should meet together, the one to demand and receive, and the other to pay it, so as the one should not prevent the other, but if the parties meet upon any part of the Land whatsoever on the same day, the tender shall save the condition for ever for that time.  
And if the reservation of the Rent be at certain Feasts, with condition that if it happen the Rent to be behind by the space of a week, after any day of payment etc. In this case the Feoffor needeth not demand it on the Feast day, but the uttermost time for the demand is a convenient time before the last day of the week, unless before that the Feoffee meet the Feoffor upon the Land and tender the rent as is aforesaid. Plowden. fo. 167. 172. 20 H. 6. 30. 31, 6 H. 7. 3.  
If a rent be granted payable at a certain day, & if it be behind and demanded, that the grantor shall distrain for it, in this case the Grantor need not demand it at the day, but if he demand it at any time after he shall distrain for it, for the Grantor hath election in this case to demand it when he will, 
How tender and payment of money upon a bond must be made. Rend payable at a day the party hath all the day till night to pay it, but if it be a great sum, and as a 1000 l. he must be ready as long before sun set as the money may be told, for the other is not bound to tell it in the night. L. Mariae 172. b. Finch. fo. 38. vide. fo. 63. plus de hoc.  to enable him to distrain, Coke Littleton foe 201. 202. 203 Coke report, li. 7. fo. 28. mands case.  
If a man make a Lease for years, reserving a rent, with condition that if the rent be behind, that the Lessor shall re-enter and take the profits until thereof he be satisfied, there the profits shall be accounted as parcel of the satisfaction, and during the time that he so taketh the profits, he shall not have an action of debt for the rent, for the satisfaction whereof he taketh the profits, but if the condition be, that he shall take the profits until the Feoffor be satisfied and paid of the rent, without saying thereof, or to the like effect, there the profits shall be accounted no part of the satisfaction, but to hasten the Lessee to pay it, Coke Littleton, foe 203. 3 E. 3. 7. 27 H. 8. 4. 43 E. 3. 21.  
Although that the last time of payment of money by force of the condition is convenient time in which the money may be numbered before sun setting, yet if tender be made to him that ought to receive it at the place specified in the condition at any time of the day, and he refuse it, the condition is saved for ever, and the mortgagor or obligor needeth not to tender it again before the last instant, for by the express letter of the condition the money is to be paid upon the day indefinitely, and convenient time before the last instant, is the extreme time appointed by the law, to the end the one should not prevent the other, the one being sometimes there, and the other not, and therefore the law appointeth the extreme time in the day, to the intent both parties may certainly meet together. But if both parties meet at any time of the same day, and the Mortgagor or Obligor make tender in the place to the Mortgagee or Obligee, and he refuse, the penalty is saved for ever, and needs not make any other tender, Wades case 5. part. fo. 1141.  
If a condition be broken for non payment of rent, 
Condition broken. Assize brought. Distress. Acceptance. Bar of entry.  yet if the Feoffer bring an Assize for the rent due at that time, he shall never enter for the condition broken, because he affirmeth the rent to have continuance, and thereby waiveth the condition, and so it is, if the rent had had a clause of distress annexed unto it, if the Feoffer had distrained for the rent for non payment, whereof the condition was broken, but he may receive that rent and acquit the same, and yet enter for the condition broken, but if he accept a rent due at another day after, he shall not enter for the conditon broken, because he thereby affirmeth the Lease to have continuance.  
All grantees of reversions may enter upon Farmers, 
If a lessor bargain and sell the reversion by Deed, Indented and inroled, or or if the lessor make a Feoffment in fee, and the Lessee re-enter, the grantor or feoff shall not take any advantage of any condition, without making notice to the Lessee.  for any forfeiture or condition, and have like advantages against them (by action only) for any other covenants, condition, or agreement contained in the Indenture of their lease, as the Lessors, their heirs or successors might; and the like for the Lessees against the Grantees of the reversion, recovery in value only excepted, 32. H. 8. cap. 34.  
If a man make a gift in tail, or a lease for life, 
And albeit the whole words of the statute of 32. H. S. be for nonpayment of the rent or for doing of waist, or other forfeiture, yet the entry or claim must be made upon a condition broken.  upon condition, that if the Denee or Lessee go not to Rome before such a day, the Lease shall cease or be void, the Grantee of the reversion shall never take advantage of this condition, because the estate cannot cease before an entry, but if the lease had been for years, there the Grantee should have taken advantage of the condition, because the lease for years, ipso facto, by the breach of the condition without any entry was void, for a lease for years may begin without ceremony, and so may end without ceremony, but an estate of freehold cannot begin nor end without ceremony, and therefore not to be avoided without an entry, which entry descendeth to the heir, and not to any stranger.  

Grantees or Assigns shall not take benefit of every forfeiture by force of a condition, but only of such conditions as either are incident to the reversion or rent, or the benefit of the estate, as for not doing of waste, for keeping the houses in reparations, for making of Fences, scouring of ditches, for preserving of Wood, and such like, and not for payment of any sum in gross, delivery of Corn, Wood, or the like.  And therefore regularly when any man will take advantage of a condition, if he may enter he must enter, and when he cannot enter, he must make a claim, and the reason is, for that a freehold and an inheritance shall not cease without entry or claim, and also the Feoffor or Grantor may waive the condition  
For if a man grant an Advowson to a man and his heirs, upon condition, that if the Grantor, etc. pay 20. pounds on such a day etc. the estate of the grantee shall cease or be utterly void, the Grantor payeth the money, yet the estate is not revested in the Grantor before a claim, and that claim must be made at the Church. And so it is of a reversion or a remainder of a Rent, common, or the like, there must be a claim before the estate be revested in the Grantor by force of the condition, and that claim must be made upon the Land.  
If a man bargain and sell Land by Deed indented and enrolled, with a Proviso, that if the bargenor pay etc. that then the estate shall cease and be void, he payeth the money, yet the estate is not revested in the Bargenor before reentry, and so it is if a bargain and sale be made of a reversion, remainder, advowson, rent, common. etc.  
If a Lessor bargain and sell the reversion by Deed Indented and Inroled, or if the Lessor make a Feoffment in Fee, and the Lessee re-enter, the Grantee or Feoffee shall not take advantage of any condition without making notice to the Lessee.  
When a man by Deed indented, 
If a man make a lease for life or years, and after levy a fine to A. to the use of B. and his heirs, B. shall distrain and have an Action of Waste, although the conusee had never any Attornment, because the reversion is vested in him by force of the statute, and hath no remedy to compel the Lessee to Attorn, New Litttleton fo. 32.  doth bargain and sell lands, and before the enrolment, levieth a fine thereof, and after the deed is enrolled the conusee shall be in by the fine and not by the indenture enrolled and therefore the conusee in this case cannot take advantage of a condition before Attornment.  
Where conusee by fine of a Reversion before Attornment, doth bargain and sell the reversion to another by Deed Indented and Enrolled, 
But if conusee of a 〈◊〉 before any attornment by Deed indented and enrolled bargaineth and selleth the signory to another, the bargainee shall not distrain, because the bargenor could not distrain.  the Bargain shall not distrain for the Rent reserved upon the Lease, but if the conuse hath had express attornement, than the Bargain shall distrain without any Atornement.  
If the Lessor bargain and sell his revesion by Deed indented and enrolled, 
But if a fine had been levied to a stranger to the use of a second party, than the second person had been in by the statute, and so Attornement needles, quod nota.  the bargainee (although he needs not any Attornement) shall never take benefit of a condition upon a demand of rent without giving notice to the Lessee of the bargain and sale, and therefore notice in this case is requisite.  
Note that a fine levied before the Enrolment of the bargain and sale, maketh the conusee, to be in by the fine and not by the bargain and sale.  
And the bargain of a reversion shall never take advantage of a condition before notice given.  
Edward Fox for the consideration of 5 pound demysed and granted certain Tenements to have from the day of the date of the Indenture for ninety nine years; (A Lease of the Premises formerly made) being then in being. It was adjudged that this Demise and Grant upon consideration of fifty pounds, did amount to a Bargain and Sale for the said years, whereupon there needeth no Attornment.  
In this case of a Lease for term of years, which is a Chattel, there needeth no Enrolment, for being but a term of years, and no Estate of Franktenement, there needeth no Attornment, because it is Executed by the Statute of 27 H. 8 S. Coke 8. pars fol. 94.  


Livery and Seisin in toto, vide fol. 35.  
Note, An actual delivery of a writing sealed to the party, without any words, is a good delivery. And therefore if A. make a writing to B. and sealeth and delivereth it to B. as a Scrow, to take effect as his Deed, when certain conditions are performed, that is his Deed forthwith; for the Law respecteth the delivery to the party himself, and rejecteth the words which shall make the express delivery to the party upon the matter no delivery: So that the Deed is effectual, though the conditions he never performed: And there is a diversity when it is delivered to the pary himself, and when to a stranger. If a Writing be sealed and then it lieth in a Window, or on a Table, and the Obligor saith to the Obligee: See there the writing, take it as my Deed, and he take it accordingly, this is a good delivery in Law, Coke 9 pars. fol. 137.   A Livery in Deed may be done two manner of ways, by a solemn Act, and words, as by delivery of the Ring, or Hasp of the Door, by a branch or twig of a Tree, or by a Turf of the Land. And with these or the like words the Feoffor and the Feoffee both holding the Deed of Feoffment, and the Ring of the door, Hasp, Branch, Twig, or Turf, and the Feoffor saying, Here I deliver you seisin and possession of this house, in the name of all the Lands and Tenements contained in this Deed, according to the form and effect of this Deed.  
Or by words without any Ceremony or Act: As the Feoffor being at the house door, or within the house, saith, Here I deliver you seisin and possession of this house, in the name of seisin and possession of all the Lands and Tenements contained in this Deed; Or enter into the house or land, and God give you joy. Or,  
I am content you shall enjoy this Land according to the Deed. But if a man deliver the Deed of Feoffment upon the Land, this amounts to no livery of the Land, for it hath another operation to take effect as a Deed: But if he deliver the Deed upon the Land in name of seisin of all the Lands contained in the Deed, this is a good Livery.  
If divers parcels be contained in a Deed, and the Feoffor delivers seizure of one parcel according to the Deed, all the parcels do pass, albeit he saith not, in name of all, because the Deed containeth all. And if there be divers Feoffees, and he maketh livery to one according to the Deed, the Land passeth to all the Feoffees. And yet the plainer way is to say, in the name of the whole, or all the Feoffees.  
If a man make a Charter in Fee, and deliver Seisin for life, secundum formam Charte, the whole Fee-simple shall pass, for it shall be taken most strong against the Feoffor.  
If a man make a Lease for years by Deed, and deliver seisin according to the form and effect of the Deed, yet he hath but an Estate for years, and the Livery is void.  
A man makes a Lease for years, 
But if Lessee for years make a Lease for a certain term of any parcel, and so divide the possession of that from the residue, if of such parcel so severed Livery he made, the possession in the residue by the first Lessee is not any impediment to the Livery for this parcel, Coke 2. pars. Betsworths' case.  and after makes a Deed of Feoffment, and delivers seisin, the Lessee being in possession, and not assenting to the Feoffment, this Livery is void, for albeit the Feoffor hath the  and the Inheritance in him, yet that is not sufficient, for a Livery must be given of the possession also. But if the Lessee be absent, and hath neither Wife nor Servants (though he hath Cattles upon the ground) the Livery and Seisin shall be good.  
If a man be seized of a house, and of divers several Closes in one County in Fee, and makes a Lease thereof for years, and afterwards makes a Feoffment in Fee of the same, and makes Livery and Seisin in the Closes (the Lessee or his Wife, or Servants then being in the house) the Livery is void for the whole, 
The delivery of a piece of Gold, or any other thing upon the land in name of seisin is sufficient, Thorowgood's case, Coke 9 pars. fol. 136  for the Lessee cannot be upon every parcel of the Land to him demised, for the preservation and continuance of his possession therein. And therefore his being in the house, or upon any parcel of the Land to him demised, is sufficient to preserve and continue his possession in the whole from being outed or dispossessed. New Littleton, fol. 4. 8. a. b.  
A man makes a Lease to A. the remainder to B. in fee and makes Livery to A. within the view, this Livery is void, for no man can take by force of a Livery within the view, but he that taketh the Freehold himself.  
If Lessee for life make a Deed of Feoffment, and a Letter of Attorney to the Lessor to make Livery, and he makes Livery accordingly, notwithstanding he shall enter for the forfeiture.  
But if the Lessee for years make a Feoffment in fee, and a Letter of Attorney to the Lessor to make Livery and he makes Livery accordingly, this Livery shall bind the Lessor, and shall not be avoided by him, for the Lessor cannot make Livery as Attorney to the Lessee, because he had no Freehold whereof to make Livery, but the Freehold was in the Lessor.  
If the Lessor make a Deed of Feoffment and a Letter of Attorney to the Lessee for years to make Livery, and he doth it accordingly, this shall not drown or extinguish his term, because he did it as a Minister to another and in another's right, and is accounted in Judgement of Law the act of the other, and the Feoffee claimeth nothing by him, Trin. 7 Eliz. in come. Banco.  
If Tenant for life or years (the reversion or remainder being in the King) make a Feoffment in fee, 
Forfeiture. Tenant for life, the remainder to the King for life, the remainder to another in fee, if the first Tenant for life make a Feoffment, that is a forfeiture, and yet nothing passeth but his own estate: But making a Livery in fee, it is a forfeiture, though none of the remainders be divested, Coke 2. pars. fol. 76. b. Bredons' case, vide plus fol. 50.  this is a forfeiture, and yet no reversion or remainder is divested out of the King. A particular Estate of any thing that lieth in Grant cannot be forfeited by any grant in Fee by Deed: As if Tenant for life or years of an Advowson, Rent, Common, or of a reversion, or remainder of Land by Deed, grant the same in fee, this is no forfeiture. But if such a Tenant levy a Fine, &c, than it is a forfeiture.  
Note, 
The diversi●y between Livery and Se●sin of Land, and the delivery of a deed and what is a good delivery of a deed in Law.  there is a diversity between Livery and Seisin of Land, and the delivery of a Deed, for if a man deliver a Deed without saying of any thing, it is a good delivery, but to a Livery of Seisin of Lands words are necessary, as taking in his hands the Deed, and the ring of the door (if it be of a house) or a turf, or twig (if it be of Land) and using the words aforesaid. And a Deed may be delivered to the party without words, without any act of delivery: As if the Writing sealed lieth upon the Table, and the Feoffor or Obligor saith to the Feoffee or Obligee, Go and take up the said Writing, it is sufficient for you, or it will serve the turn, or take it as my Deed, or the like words, it is a sufficient delivery. Coke, Littleton, title Dower, fol. 36. a. 29 H. 8. Dyer, fol. 95 43 Eliz. inter Hawsly & Lacker, in Banco Rs. Hillary 12 Jac. Rs. in Com. Banco.  
The Grant of a signory, Rent-charge, Rentseck, 
Attornment in toto withal incidents thereunto.  as also the Remainder or reversion of any of these, or the remainder or reversion of the Land itself, is nothing worth without Attornment (viz.) the agreement of the Tenant, that must be presently charged.  
As Lord, Mesne, and Tenant, the Lord grants his signory, the Mesne must attorne and not the Tenant prevail, for the Mesne is Tenant to the Lord; Lord and Tenant, the Tenant letteth the Land for life, or giveth in tail saving the reversion to himself; Now if the Lord grant his signory, he in the reversion must attorne to the Grantee, and not the Tenant for life, or Tenant in tail, for he in the reversion is Tenant to the Lord, and not the other: But if the Tenant had let his Land to one for life, the remainder in fee, thereupon a grant of the signory the Tenant for life must attorne, for he is Tenant to the Lord, so is not he in the remainder so long as Tenant for life liveth. If Lands be let for years, or given in tail, saving the reversion upon a Grant of the reversion, the Tenant of the Land must attorne: And an Attornment may either be by word, as to say, I agree, or am content with the Grant. Or, I attorne to you and become your Tenant, by force of the Grant, or else by the delivery of a penny, and to the Grantee, etc. in name of Attornment, or by any other matter implying an agreement, as by a surrender to the Grantee of the reversion, praying in aid of him, etc. and if such an Attornment be not to the Grantee in the life of the Grantor, than the Grant is void.  
In the Grant of a Reversion depending on a Freehold, the attornment of the Freeholder is sufficient, though he be not the Tenant that must presently be charged. As if Lands be let to a man for years, the remainder to another for life, and he in reversion grant the reversion to another, the attornment of him in the remainder is sufficient, 1 Littleton, fol. 1●…  

〈◊〉 the 〈…〉 nly, and where not.  If a man bind himself and his Heirs in an Obligation, or 〈◊〉 covenant by writing for him and his 〈…〉 or 〈◊〉 grant an Annuity for him and his ●…res: in all these cases the Law chargeth the Heir after the death of the Ancestor, with this Obligation, Covenant, Annuity, Warranty, yet with these three cautions, that the party must by special name bind himself and his Heirs, for if the party in the bond, Covenant, Annuity, or Warranty, doth not bind himself as well as his Heirs, in such case the Heir shall never be bound. 2. Some Action must be brought against the Heir whilst the Land or other Inheritance resteth in him unalienated away. For if the Ancestor die, and the Heir before an Action be brought against him upon those Bonds, Covenants or Warranties, do alien away the Land, than the Heir is cleaned discharged of the burden. 3. No Heir is further to be charged then the value of the Land descendeth to him from that Ancestor that made the charge, and that not to be sold outright, but to be kept in extent and at a yearly value, until the Debt or damage be run out. Nevertheless if an Heir that is sued upon such a Debt of his Ancestor doth not deal clearly with the Court when he is sued, that is, if he come not immediately by way of confession, and set down the true quantity of his Inheritance descended, and so submit himself as the Law requireth, than that Heir shall be charged of his own other Lands, Goods, and money for this Deed of his Ancestor. As if a man bind himself and his Heirs in an Obligation of a hundred pounds, and dieth, leaving but ten acres of Lands to his Heir, if his Heir be sued upon the Bond, and cometh in and denieth that he hath any by descent, and it is found against him by verdict that he hath ten acres, this Heir shall be now charged by his false plea, of his own Lands, Goods, and body, to pay the hundred pounds, though the Land be not worth ten pounds.  
All words which do prove by specialty, 
Words only which do show a man to be a Debtor to another, is a good Obligation without binding the Executor.  that the maker of the Writing is a Debtor to another, that is a sufficient Obligation, and though the Executor or Administrator are not expressed, yet the Law will charge them, because they represent the Estate of the Testator, but the Heir shall never be charged without express mention of the Heir, Dyer, fol, 2, 3.  

Acquittance for one Rent is a discharge of all former Rents. Those cannot be heirs  If a Rent be behind for twenty years, and the Lord make an Acquittance for the last that is due, all the rest are presumed to be paid, and the Law will admit no proof against this presumption, Coke Littleton, fol. 373.  
A Bastard can be no Heir, nor have any, unless it be his own Child. A man attainted of Treason or Felony can be no Heir, nor have an Heir, though it be his own Child.  

Attainders which give Escheat.  Attainder by Verdict, Confession, Outlawry, Abjuration, but upon either of them judgement must be given.  

Forfeiture of Goods and Chattels.  Going beyond the Sea without licence: Exigent awarded in Felony, though he yield his body thereupon. Clergy in Felony, standing mute in Felony. Felo de se. Flying for Felony, though he return and be tried, and found not guilty: These bring a forfeiture of all a man's Goods and Chattels as well real as personal.  

Attainder to what time it shall relate for the forfeiture of Lands and Goods. Forfeiture.  He that is attainted of Felony by Verdict, Confession, or Outlawry, doth forfeit all the Lands he had at the time of the offence committed, so that he can do no Act afterward to encumber the Land.  
If Tenant in tail be attainted of high Treason, he shall forfeit for no longer time then for his own life.  
If a man have an Estate for life of himself, or of another, do commit Treason or Felony, the whole Estate is forfeited to the King, but no escheat to the Lord.  
But a Copyhold of Fees as for life is forfeited to the Lord, and not to the Crown, and if it be entailed, 
Forfeiture by a Copyholder.  the Lord is to have it during the life of the Offender, and then his Heir is to have it.  
A man attainted may purchase, 
Pardon. Corruption of blood.  but it shall be to the King's use, until the party be pardoned, yet the pardon giveth not back their Lands or Goods without a special Patent of Restitution, which cannot restore the blood without an Act of Parliament. So if a man hath a Son, and then is attainted of Felony, and pardoned, and then purchaseth Land, and then hath issue another Son, and dieth, the Son he had before the pardon, though he be his eldest Son, and the Patent have words of restitution to his Lands, yet he shall not inherit them, but the second Son shall inherit them, because the blood is corrupted by the Attainder, and cannot be restored by Patent alone, but by Act of Parliament.  
And if a man hath two Sons, 
Where a man shall be said to die without Heir, although he have one.  and the eldest is attainted in the life of his Father, and dieth without issue (living the Father) the second Son shall inherit the Father's Lands, but if the eldest Son have any Issue, though he die in the life of his Father, than neither the second Son, nor the Issue of the eldest shall inherit the Father's Land, but the Father shall be there accounted to die without Heir, and the Land shall escheat, whether the eldest Son hath issue or not, though he be pardoned after the death of his Father.  
Note, that the Heirs procreate after the Attainder shall not inherit the Lands of his Father nor of his Mother.  
But the Heirs begotten before the Attainder shall inherit the Lands of that Father and of that Mother which was not attainted, but the Lands of his Father attainted, or of his Mother which is attainted, he shall not inherit, although the King hath pardoned the Attainder.  

The operation and effect of a pardon.  For a pardon doth but only clear the corruption of the blood of these children, which be borne after the pardon, and so to make them capable to inherit such lands, which their Ancestor shall purchase at the time of the pardon or any time after, but not to inherit such lands as the Ancestor was seized of before, nor to purge the blood of those children begotten before the pardon, as to make them inheritable to any Ancestor.  

Alien and Denizen.  A man seized of lands in Fee, hath issue an Alien borne out of the King's Leigeance, he cannot be heir, Propter, defectum subjectionis, though he be born within lawful marriage, if made Denizen by the King's Letters patents, yet cannot he inherit to his father or any other, but otherwise it is if he be naturalised by act of Parliament, for than he is not accounted in law, Alienigena, but Indigena, but after one is made Denizen, the issue that he hath afterwards shall be heir to him, but no issue that he had before.  
If an Alien come into England, and hath issue two sons, these two sons Indigenae subjects borne, because borne within the Realm, and yet if one of them purchase land in Fee, and dieth without issue, his brother shall not be his heir, for there was never any inheritable blood between the Father and them: and where the sons by no possibility can be heir to the Father, the one of them shall not be heir to the other.  
An Alien that is naturalised by Act of Parliament, is to all intents and purposes as a natural born subject, & differs much from denization by Letters patents, for if he had issue in England before his denization that issue is not inheritable to his father but if his father be naturalised by Parliament, such issue shall inherit, so if an issue of an English man be born beyond Sea, if the issue be naturalised by act of Parliament he shall inherit his father's land, but if he be made denizen by Letters Patents he shall not, and many other differences there are between them.  
An Alien borne out of the King's leigeance his ancestors not being of the faith and leigeance of England, is neither heir to inherit nor to purchase within this realm, yet the Lord shall not have the escheat, because he died without heir, but the King which is the supreme head and the supreme person shall have this Land by the common Law.  
But an Alien borne out of the Realm and within the Legiance of the King, his Father and Mother, being then and all their live, of the legiance of the King, shall inherit by the common Law; Infants borne out of the King's legiance, the father and mother at the time of the birth being liegemen of England, shall inherit by the Statute of 25 E. 3. so that the mothers of the children pass the Sea with the husband's leave and consent; this statute extendeth all to children whose fathers and mothers were dwelling in England.  
If an Alien marry here an english woman and hath issue, this issue shall inherit to the wife, the same law where the husband, an Englishman, marry a woman that is an Alien and hath issue, he shall inherit his father.  
All which said trusts every one of them the said A. B. C. D. for himself severally and respectively, 
Covenant several & no joint covenant,  and for his several and respective heir, Executors, and Administrators, for as much as shall concern him or them, and his or their said heirs, Executors, or Administrators etc. doth covenant, etc.  
And the said A. B. C. D. do severally and respectively (that is to say) either of them for himself and by himself, his several heirs, Executor, 
When Covenants are, several they are as several Deeds written in one Parchment, Coke. 5. part. fo. 23.  and Administrator, and for so much only as concerneth or may concern his own act, and not one for another's act, doth severally and respectively and not jointly covenant, promise and agree to and with the said E. F. etc.  
And the said A. B. C. D. do severally, covenant, etc. to and with the said E. this is a several covenant without further words Coke. 5 part. fo. 2. 3.  
And the said A. B. C. D. each of them severally for himself, his several heirs, Executors, and Administrators doth severally and not jointly covenant etc.  

Proviso & conditions & the apt words to make them Vide. plus. fo. 186. 19 a Vid. Coke 2. pars. fo. 71. 72. 73. good matter touching Prouisoes and conditions.  No condition may be made (to be properly said a condition) but by him which departeth with the estate, and by his own words, and the words conditional must be restraining, and must compel the person to do, or not to do a thing upon pain of forfeiture of the thing given, and no words make a condition unless it be uncertain, and may be broken or kept, and every condition must either go to the enlarging of the estate, or utter destruction thereof, and these are the apt words to make a condition.  
Illa quod, if the Lessee doth such an act, Si contingat proviso semper sub conditione, for these are words conditional. pro in case of a grant executory maketh a condition, as a grant of Annuity, Pro concilio impendendo, but those words ad effectum, ea intentione ad solvendum, or such like make no conditions.  
If a man by Deed make a Lease for years wherein is this clause, and the said Lessee shall continually dwell upon the Lands leased, upon pain of forfeiture, of the said term, the words amount to a condition.  
Quod non licebit to the Lessee to give, grant, or Alien his estate upon pain of forfeiiure, this will make the Lease defesible, and this reason was given by the Court in the common Pleas, tempore Reginae Elizabethae, that a Lease for years was but a contract which may begin by word, and by word may be dissolved. But such words in a Lease for life make no condition, in that a Franketenement cannot be avoided by word, without conditional words that will give an entry, tamen quere.  
The apt words of lymitation are, quam diu, dum, 

Words of limitation which determine an estate without entry or claim. Vide plus fo. 5. When this word proviso shall make an estate or interest conditional, three things are to be observed (viz.) that the proviso dot not depend upon another sentence, nor participate thereof, that the proviso be the word of the Bargenor, Feoffor, Donor Lessor etc.  
That it be compulsary to enforce the Barginee, Feoffee, etc. to do an act, Coke. 2. pars. fo. 71. 72, 73.   quousque, durante, as a grant out of the Manor of Dale, quam diu the Grantee shall dwell there, a Lease of Land dummodo the Less shall pay 20. pounds, a lease to a Feme, dum sola vixerit, a Feoffment in Fee, tanque the Feoffor hath paid him certain, tanque he be promoted to a benefice, tanque the Lessee hath levied a 100 pounds. If a man make a Lease quousque I. S. come from Rome, a Lease for life to a Widow (si tam diu in pura viduitate viveret) A Lease for a hundred years (if the Lessee live so long) dummodo solvat to the Grantor for his life 10 pounds, all these are words of lymitation, which determine the estate without entry or claim, and if no livery be made then those Lessees have estate but at will.  
A man seized of Lands in Fee, having issue divers sons, by deed indented, covenanted in consideration of fatherly love, and for the advancement of his blood, or any other good considerations, to stand seized of three Acrees of land to the use of himself for life, and after to the use of Thomas his eldest son in tail, and for default of such issue to the issue of the second son in tail, with divers remainders over with proviso, that it shall be lawful for the covenantor at any time during his life to revoke any of the said uses etc. This proviso being coupled with a use is allowed to be good, and not repugnant to the former states, but in case of a Feoffement or other conveyance whereby the Feoffee or Grantee etc. is in by the common Law, such a proviso were merely repugnant and void.  

If a man hath power of revocation and after to the intent to defraud a purchasor, doth Levy a fine, or make a Feoffment, or other conveyance to a stranger, whereby he extinguisheth his power, and after bargains and sells the land to another, for valuable consideration, the bargainee shall enjoy the Land, for as to him, the Fine, Feoffement, or other conveyance, whereby the condition was extinct, was void by the statute of 13. Eliz cap. 5. and so the first clause whereby all fraudulent and covenous conveyances are made void, as to the purchasor, extend to the last clause of the act (viz.) when he that makes the bargain and sale had power of revocations, and it was said, that the Statute of 27. Eliz. hath made voluntary estates made with power of revocation, as to purchasers, with equal degree with conveyances made by fraud and covin to defraud purchasers, and such volunteary conveyances which are originally subject to power of revocation, be it in presenti or in futuro, shall not stand against a purchasor, bona fide for valuable consideration 3. part. Lo. Co. fo. 80. Twines case, vide Twines case 3. part. foe 83.  And first in the case aforesaid, if the covenant or who had an estate for life, doth revoke the uses according to his power, he is seized again in Fee, without entry or claim.  
Secondly, he may revoke part at one time and part at another.  
Thirdly, if he make a Feoffement in Fee, or levy a fine etc. of any part, this doth extinguish his power, but for that part whereas in that case the whole condition is extinct, but if it be made of the whole, all the power is extinguished, so as to some purpose it is of the nature of a condition and to another in nature of a limitation.  
Fourthly, if he that hath such power of revocation hath no private interest in the Land, nor by the Cessor of the estate shall have nothing, than his Feoffement or fine etc. of the land is no extinguishment of his power, because it is mere collateral to the land.  
Fiftly, by the same conveyance that the old uses be revoked, by the same may new be created or limited, if the revocation doth so mention  
Sixtly, that these revocations are favourably interpreted, because many men's inheritances depend on the same.   

Note.  
That every use ought to be raised either by covenant out of the estate of the covenantor, or by Feoffment, Fine, Recovery, etc. by transmutation of the possession out of the estate of the Feoffees, conusees, etc. Coke. 6. part. fo. 27.   

Twines case, fo. 83. Lo. Coke. 3 pars.  
IF a man make an estate for life, 

Conditions.  
Vide plus. fo. 17. 6. fo. 35.   the remainder in tail, the remainder over in Fee, upon condition that any of them in remainder shall do a certain act, then if he doth not do it, the Feoffer and his heirs may enter without any words of reentry in the proviso, and thereby shall defeat the estate in possession, and all the remainders, for he that entereth for a condition broken, and a condition in Deed, is in of such estate he had before the condition made; but otherwise it is where an entry is made upon a condition in law, Coke. 8. pars Whittinghams' case. 
Vide. fo. 50. b.   
For if Lessee for life or years grant a Rend charge out of the lands, or make a Lease of some part of the term, or doth acknowledge a Statute or Recognizance, and then afterwards doth make a Feoffment in Fee, or commit any acts which are forfeitures in Law, or doth surrender his estate to his Lessor, yet the Lessor shall hold the Land charged.  
And note that a condition in law, which by force of a Statute giveth a recovery, is stronger than a condition in Law which giveth an entry without a recovery.  
For if Lessee for life make a Lease for years, and then entereth into the land and doth Waste, and the Lessor recover in an action of Waste against the Lessee for life, he shall avoid the Lease made before the Waste committed.  
But if the Less for life make a Lease for years, and then entereth, and makes a Feoffement in Fee, the Lessor shall not avoid the Lease for years.  
So if the Tenant make a Lease for years, and then is attained of Felony, or dieth without heir, although the Lord recover by Writ or escheat, yet he shall not avoid the term 8. pars. fo. 44. Whittinghams' case.  

Remainder.  If I make a lease for life, upon condition that if the Lessee doth such an Act he shall have Fee, and he doth it accordingly there he shall have Fee, because he is privy to the condition, and therefore shall take the benefit thereof.  

Remainder.  Lessee for 5 years, upon condition that if he pay me 20 pound within two years, that then he shall have Fee, the Fee passeth out of the lessor forthwith.  

Remainedr.  So where a Lease is made for life upon condition that if I. S. marry my daughter during the Estate for life, that then it shall remain unto him, this is a good remainder, and yet it doth commence upon condition, for there is an estate whereupon a remainder may be founded, and the condition goeth not to the destruction of the particular estate.  
If I make a Lease for years, the remainder for life, upon condition that if he in remainder, doth such an act, that the remainder shall be void, now before the condition broken the remainder is good, and in him to whom it is appointed. But if the condition be broken, than the remainder is out of him, and in the person of the Lessor again.  
Lessee for life, the remainder to A. his wife for her life (if she live so long sole and unmarried) the remainder to D. their son for his life, the remainder to D. is good, though it commence upon a conditon, because the particular estate continueth, and the condition goeth not to the destruction of the particular estate, and the first remainder doth vest during the particular estate, which maketh the latter to be good, though it doth commence upon the condition, but quaere whether the second remainder shall begin either upon her marriage, or her death.  
If a man for him and his Heirs warrant lands to one and his Heirs, that is a general Warranty, 
Warranty, and what words make a general Warranty.  for that it is not restrained against any person in certain, Coke 1. pars. fol. 2.  
This word, give, in a Feoffment, importeth a general Warranty against all men during the life of the Feoffor. And this word, Grant, in a Chattel-real, doth import a Warranty in itself alone, without any clause of Warranty, so as there be in the Deed no special matter to qualify the Warranty by some special Covenant; But this word Concessi, or Demisi, in case of Franktenement or Inheritance, doth import not Warranty, Coke 5. pars fol 18.  
The clause of, without impeachment of waste, 
Waste in toto, and the full definition of the word, without impeachment of Waste, and what is Waste.  giveth power to the lessee which shall produce an interest unto him if he doth execute his power during the privity of his Estate, and therefore to examine it in reason these words, Absque impetitione vasti, are in effect as without demand for waste, for Impetitio is derived of In and peto, and petere is to demand, and petio is a demand, and sine impetitione is without any manner of demand or impeachment: Then this word, Demand, is of a large extent, for if a man disseise me of my land, or take my Goods, if I release unto him all Actions, yet I may enter into the land or seize my goods, for by the release of the Action the right or interest is not released; but if in such case I release all Demands, that shall exclude me not only of my Action but also of my entry and sciser, and of the right of my land and property in my Chattels. But if the words had been Absque impetitione vasti per aliquod breve de vasto, than the Action only shall be discharged and not the property in the Trees, but the Lessor after the cutting of them may seize them, and the diversity appeareth in 30 E. 3. 44. in Walter Idles case, where a Lease was made without being impeached or impleaded for waste, whereupon it was gathered that these words, Without being impeached for waste, were not sufficient to bar the Lessor of his property: And that if the Lessor had granted that the Lessee might do waste, he by that hath power not only to do waste, but also to convert it to his own use. And the opinion of Wray chief Justice, and Manhood cited in Herlakendens case, was not judicial but prima fancy upon Arbitrement without any argument, Coke 11. pars. fol. 82.  
When Tenant in fees granteth all his estate to another, the Grantee shall have no Fee-simple for want of these words (Heirs) but estate for life, but his estate in such case shall be without impeachment of waste, as the estate of the Grantee of Tenant in tail shall be, and the Feesimple shall be in Nubibus there, as well as it shall be of an estate tail; and there if he doth commit Treason, and dieth, the Fee-simple shall escheat to the Common Lord of whom the land is holden, for that the blood is corrupt between him and his Heirs, so that his Heir may not have it by descent, and the King shall not have it, because he that did the Treason, had not the Fee at the time of the Treason, or afterward, Plowden 562. 556.  
If a man do lease or assure his land to another, and all the Ours and Pits thein, for life or years, the lessee may open and dig the ground for Coal, Morter, Stone, etc. and take and carry away the same, although there were not any Mine open at the time of the lease, for by this assurance it appeareth that the lessor was contented that waste should be made in any part of the ground leased by myning or digging. And in this case the lessee may sell and dispose the same Coal, Stone, Marle, Morter, etc. at his pleasure, for it is as much as if the lease had been made without impeachment of any manner of waste to be committed by Mine, Pits, or digging.  
Lessee for life, the Remainder for life, the Remainder in Fee, the first doth waste, that is not punishable by him which hath the Fee, by reason of the mean Remainder, otherwise it is if the mean estate be for years.  
If Lessee for life be, the Remainder for life, and the Lessee for life doth Waste, this Waste is dispunishable at this time, for the advantage of him in Remainder for life: And where a Lease for life is granted, and then the Reversion is granted for life, and the Tenant attorneth, an Action of Waste lieth not, yet vide the Register 75. that Waste lieth where there is a mean estate for life in Remainder: And though the Waste be unpunishable in the first case, yet it seemeth the Chancery may enjoin him upon complaint against the first Lessee, that he shall not do Waste, for that he ought not to do Waste by the Law, although no Action lieth.  
The Process in Waste is Summons, Attachment, and Distress, and if he appear not at the Distress, than a Writ to the Sheriff to inquire of the Waste by the Oath of twelve men.  
There are two kinds of Waste (viz.) Voluntary or permissive: 
Waste in houses.  Waste may be done in houses by pulling them down, or by suffering them to be uncovered, whereby the Spars or Rafters, Planchers, or other Timber of the house are rotten: But if the house be uncovered when the Tenant cometh in, it is no Waste in the Tenant to suffer the same to fall down. But though the house be ruinous at the Tenant's income, yet if he pull it down it is Waste, unless he re-edify it again; if Glass-windows (though glazed by the Tenant himself) be broken down or carried away, it is Waste, for the Glass is part of the house. And so it is of Wainscot, Benches, Doors, Windows, Furnaces and the like, annexed or fixed to the house, either by him in Reversion, or the Tenant.  
Though there be no Timber growing upon the ground, yet the Tenant at his peril must keep the house from wasting.  
If the Tenant do Waste or suffer Waste to be done in houses, yet if he repair them before an Action brought, there lieth no Action of Waste against him, but he cannot plead Quod non fecit vastum, but the special matter.  

Waste in Gardens and Orchards.  If the Tenant cut down or destroy any Fruit-trees growing in the Garden or Orchard, it is Waste, but if they grow upon any of the ground which the Tenant holdeth out of the Garden or Orchard, it is no Waste.  
Lopping of Trees by a Copyholder is not a forfeiture, but a Copyholder may not lop and burn them in another house of the Land or Manor, nor sell the Lops unless by the Custom he may do waste Kitchen forfeiture 125.  

Waste in building of a new house.  If the Tenant build a new house it is Waste, and if he suffer it to be wasted, it is a new Wast; if the house fall down by tempest, or be burned by the lightning, or prostrated by enemies, or the like, without a default of the Tenant, or was ruinous at his coming in, and fall down, the Tenant may build the same again with such materials as remain, and with other Timber which he may take growing on the ground for his habitation, but he must not make the house larger than it was: if the house be uncovered by tempest, the Tenant must in convenient time repair it.  

Waste in Dove-houses, Parks, Ponds, etc. Waste in Timber-trees.  If the Tenant of a Dove-house, Warren, Parke, Ponds, or the like, do take so many as such sufficient store be not left as he found when he came in, this is Waste.  
Waste properly is in houses, Gardens, Timber-trees, (viz.) Oak, Ash, and Elm, and these be Timber-trees in all places, either by cutting them down, topping them, or doing any act whereby the timber may decay. Also in Countries where timber is scant, and Beeches, or the like are converted to building for the habitation of man, or the like, they are also accounted timber, that is, if the Tenant cut down timber-trees, or such as are accounted timber, as is aforesaid, this is Waste. And if he suffer the young Gerignes to be destroyed, 
Wast in cutting Beeches, etc.  this is destruction.  
Cutting down of Beech, Willows, Birch, Asp, Maple, or the like, standing in the defence and safeguard of the house, is destruction, if there be a Quickset fence of Whit-thorne, if the Tenant stub it up, or suffer it to be destroyed, this is destruction, and for all these and the like destructions an Action of Waste lieth: turning of Trees to Coals for Fuel, when there is sufficient dead Wood, is waste.  
If the Tenant suffer the houses to be wasted, 
Waste, digging for Gravel, Cole, etc.  and then fell down timber to repair the same, this is a double waste; digging for Gravel, Lyme, Day, Brick, Earth, Stone, or the like, or for Ours of Mettle, Coal, or the like, hid in the Earth, and were not open when the Tenant came in, is waste, but the Tenant may dig for Gravel, or Clay for reparations of the house, as well as he may take convenient Timber-trees.  
If the Tenant convert arable land into Wood, 
Wastin converting arable into wood, or Meadow into arable.  or wood into arable, or Meadow into arable, it is waste.  
The Tenant may take sufficient wood to repair the Walls, Pales, Fences, Hedges, and Ditches as he found them, but he can take no new, and he may also take sufficient Plow-bote, Fire-bote, and other House-bote.  
The Tenant cutteth down Trees for reparations, and selleth them, and after buyeth them again, and employs them about necessary reparations, yet it is waste for the Sale, he cannot sell Trees, and with the money cover the house, burning of the house by negligence or mischances waste.  
An Occupant shall be punished for waste, and so if an estate be made to A. and his Heirs during the life of B. A. dieth, the Heir of A. shall be punished in an action of waste.  
If a Lease be made to A. for life, the Remainder to B. for life, the Remainder to C. in Fee, in this case where it is said in the Register, and in Fitz. R. B. that an Action of waste doth lie, it is to be understood after the death or surrender of B. in the mean Remainder, for during his life no action of waste doth lie: But if a Lease for life be made, the Remainder for years, the remainder in fee, an action doth lie presently during the term in Remainder, for the mean term for years is no impediment.  
If waste be done Sparsim here and there in Woods, the whole Woods shall be recovered, or so much wherein the waste Sparsim is done. And so in houses so many rooms shall be recovered wherein there is waste done: But if waste be done Sparsim throughout, all shall be recovered; it hath been said, that if the Hall be wasted, the whole house shall be recovered, because the whole house is denominated of the Hall, but latter authority is to the contrary.  
In many cases a Tenant for life or years may fallen down timber to make reparations, albeit he be not compellable thereunto, and shall not be punished for the same in any action of waste: As if a house be ruinous at the time of the Lease made, if the Lessee suffer the house to fall down, he is not punishable, for he is not bound by the Law to repair the house in that case; and yet if he cut down Timber upon the ground so let, and repair it, he may well justify it, the reason is for that the Law doth favour the supportation and maintenance of houses of habitation for mankind.  
If the Lessor by his Covenant undertake to repair the houses, yet the Lessee (if the Lessor doth it not) may with the timber growing upon the ground repair it, though he be not compellable thereunto.  
A man hath Land wherein there is a Mine of Coals, or the like, and maketh a Lease of the Land (without mentioning any Ours) for life, or years, the Lessee for such Mines as were open at the time of the Lease made, may dig and take the profit thereof; but he cannot dig any new Mine that was not open at the time of the Lease made, for that should be adjudged waste: And if there be open Ours, and the Owner make a Lease of the land with the Mines therein, this shall extend to the open Ours only, and not to any hidden Mine, but if there be not open Ours, and the Lease is made of the land, together with all the Ours therein, there the Lessee may dig for Ours and enjoy the benefit thereof, otherwise these words should be void.  
A. enfeoffeth B. to the use of A. himself for life, 

Uses and remainders of Uses, vide plus fo. 18.  
Touching revocations, see 6, pars. fol. 32. 28. 63. 10. pars. fo. 78. 143. 1. pars. fol. 111. 173. 175. 3. pars. fol. 5. 82. 83. Plowden Com. fol. 102. 5. pars fol. 90.   and then to the use of B. in tail, and then to the use of C. in fee, with Proviso and liberty to revoke the uses, and to limit new Uses (if A. survive B.) and after A. makes a Feoffment, and B. dieth, whether A. may limit new Uses against his own Feoffment is the question: He cannot, because a livery is of such force, that it giveth and excludeth the Feoffor not only of all present Rights, but of all future Rights and Titles: Admit the Proviso had been only that if A. survived B. that then he might revoke the first uses; in this case it were very clear that after the said Feoffment he might not revoke, for than he should have the land again against his own Feoffment, which were against reason: In this case the Proviso goeth further (viz.) And that he may alter, change, etc. admit then that he should have power to revoke the ancient uses, and power to limit new Uses to a stranger, how should this stranger have this new use, why surely by force of the first First Feoffment made by A for out of that all the present and future uses do grow: And the stranger should have this use in manner by the said A. against his last Feoffment, and own livery which may not be.  
So if a man covenant to do a collateral act in this case, before the breach thereof a release of all Actions, Suits, and Quarrels doth not avail, for before the breach thereof, there is not any duty or cause of Action, but the breach ought to precede, and so it was adjudged, but in the same case a release of all Covenants shall be a bar to the Covenant; But if the power of Revocation had been present, as the usual Prouisoes of Revocations are, than it may be extinct by a Release made by him which hath such power to any that hath estate of Franktenement in the land in possession, remainder, or reversion, and therefore the estates, which before were defeisible by the Proviso, are by such release made absolute, Albans case, 1. pars. fol. 3.  

There is a diversity between a Condition that is compulsary, and a power of revocation which is voluntary, for a man that hath power of revocation may by his own act extinguish his power of revocation in part, as by levying a Fine of a part, or making of a Feoffment of a part, and yet the power shall remain for the residue, because it is in nature of a Limitation, and nor of a Condition, and so it was resolved in the Earl of Shrewsburies' case in the Court of Wards, Pasch. 39 Eliz. & Mich. 40. and 41 Eliz. but destroy a Condition in part, and it is destroyed in the whole, for a Condition cannot be apportioned.  He that hath power by Proviso to alter uses in land, may revoke and alter part at one time, and part at another, and so to the residue, till he hath revoked all: But he may revoke but one self part at one time, unless he hath new power of Revocation to the Uses newly limited.  
Where a Revocation is to be made by Deed indented to be enroled, that is as much to say, as by Deed indented and enrolled, for no Revocation shall be in that case, until the Deed of Revocation be enrolled: And therefore a Fine levied by him that hath such power of revocation before the Deed of Revocation be enrolled, doth extinguish the power of Revocation.  
But if a Feoffment be made by A. to divers uses, with Proviso that if B. shall revoke, that the Uses shall cease, than B. may not release this power, and a Fine levied, and a Feoffment by him shall not extinguish it for the power of B. is merely collateral, 
See many good causes more to this purpose, fo. 51.  and the land doth move from him, nor the party shall not be by him, nor under him. But a Fine, Feoffment, or Release by A. if the power had been reserved to him shall extinguish it, 1. pars. Diggs case, fol. 173.  
Where Uses are raised by way of Covenant, that Covenantor may not make leases by any Proviso. But he may make void the Indenture of Covenant, and all the Uses in the same Indenture, if he hath such a Proviso.  
Nicholas Scroop seized in Fee of divers Manors, 
Uses and powers in Contingency and possibility may be (by mutual assent of the parties) revoked and determined, for as they may be raised by Indenture, so by Proviso or Limitation annexed to them in the same Indentures they may be extinguished and destroyed either before or after their essence, Co. 10. pars fol. 68 A Fine shall be paid to the King for the execution of an Use upon a Covenant, though no Fine be levied by force of the Proviso in the Statute of 27 H. 8. which otherwise should not have been, 6. pars. Coke fol. 28.  having issue Anne his Daughter, by Indenture dated 26. Junii, 23 Eliz. for the preferment of Wynifride his Wife, and Anne their Daughter, covenanted with divers to stand seized of the said Manors to the use of the said Nicholas, Wynifride, and Anne for their lives, and after to the said Anne, and of the Heirs of her body, with other Remainders over, with a Proviso, that if the said Nicholas during his life, and after the debts paid, mentioned in the Schedule annexed to the Indenture, should be disposed or determined to disannul, change, altar, enlarge, diminish, or make void the Uses or Estates, or any of them of the Premises, that then it shall be lawful to and for the said Nicholas at all times at his will and pleasure, by his writing indented, under his hand and Seal, subscribed in the presence of thirteen Witnesses, to determine disannul, etc. And also by the same writing at his will and pleasure, or any other writing, whatsoever signed and subscribed as aforesaid, to limit, declare, and appoint the Uses of the same to the persons abovesaid, or to any other person or persons, etc. Wynifride dieth, and then Nicholas espouseth Elizabeth Morris, and by Indenture ultimo Novemb. 33 Eliz. subscribed in the presence of three witnesses, in consideration of a Jointure to be made to the said Elizabeth, covenanted with W. and W. to stand seized of the said Manors, to the use of the said Nich. and Eliz. for their lives, and then to the use of the right Heirs of the said Nicholas for ever.  
The Covenant in this case to stand seized to the use of himself and of his wife Elizabeth, and after to his right Heirs, is a good revocation in Law of the former Uses, and the last Uses are well raised, though he never made any express signification to determine or disannul the same: But it was resolved, that all incident circumstances prescribed by the Proviso (viz.) As to the subscription, witnesses, and other circumstances, aught to be observed in the second Indenture.  
Note, that in the case of Cheny in Cur. Wardor. 27 Eliz. it was resolved that where he in reversion enfeoffed his Lessee for years, to the use of others, that although the Lease should be surrendered and extinguished by the Common Law, yet by the saving of the Statute of 27 H. 8. of Uses, the term of the Feoffee was saved.  
Also in the same Court 28 Eliz. in the case of one Ised, it was resolved, that where the Lord enfeoffed the Copyholder to the use of others, that the Copyhold estate by the saving of the said Act was preserved.  
Where any be seized to the use of a Trustee of another, Ceste que use, or Trustee shall have the possession in such quality, manner, and condition as he had the Use or Trust. So when any be seized to the use or intent that another shall have a yearly rent out of the said lands, Ceste que use of the rent shall be deemed in the possession thereof of like estate as he had that use, 27 H. 8. cap, 10.   

Uses created by Bargain and Sale, and by way of Covenant.  

Bargain and Sale, and Covenants, vide fol. 7.  A Deed was made Habendum eyes & heredibus eorum imperpet▪ ad proprium opus & usum of the Feoffees, imperpetuum, and not heredum suorum cum clausula warranti, heredibus & assign, suis in forma praedicta, whereby it was doubted that the Feoffees had not fee, because it was to them without Heirs, but if those words had failed, it had been clear, that the consideration of seven hundred pounds had given fee, for the Law intends sufficient consideration by reason of the said sum: but when the Use is otherwise expressed by the party himself, otherwise it is Dier, 169.  
If a man sell his land by Deed indented and enrolled to I. S. and his Assigns, the Barginee hath but estate for life, for the word Assigns contained in the Deed interrupt the operation and construction of the Law and maketh exposition that it was not the intent of the parties to have a Fee-simple transferred.  
A man selleth land to another and executeth an estate to the Vendee, Habendum sibi imperpetuum without the words, heirs, where the intent of the Barginor is to sell the Feesimple, and the vendor upon request refuseth to make other assurance, the vendee shall have a subpoena, liber fundment. legum Angl.  
A man in consideration of 100 pounds, and of marriage, covenanteth from thenceforth to be seized of certain land to the use of himself for life, and after to the use of his son in tail, and the Deed is not enrolled according to the statute of 27 H. 8, yet the use and possession is charged, because the said statute speaketh of Bargain and sale only, and the use is not because of bargain and sale only, but also for marriage, Plowden. fo. 4. Manxils case.  
A consideration not expressed in the Indenture may be averred, though that otherwise is contained in the said Indenture, besides that which is averrable as for marriage and money, & of marriage nothing is spoken.  
It seemeth that any consideration which is good and reasonable, and where there is a quid pro quo, 
Bargains and Sales to raise an use of inheritance, or freehold, must be by Deed indented and enrolled within six months, in a court of Record at Westminster, or in the county where the Land lieth, 27 H 8. cap. 10.  is sufficient to alter an use at this day and the statute transferreth the possession to the use, except only in case of Bargain and sale, which is excepted by the statute of uses, Plowden foe 301.  
A consideration expressed in the Indenture is not examinable, be it true or false, Dier. fo. 169.  
A man by Indenture doth covenant (in consideration that it shall reign before Easter next and grant to be seized to the use of another in Fee, this altereth the use, although the cosideration doth not avail, for the consideration is not examinable, where it is by Indenture, and much more an use altereth where an Indenture is made for divers good causes and considerations, that he covenanteth and granteth to be seized to his use in Fee, although no consideration be expressly shown, because the Indenture is an Estopell to say it was not a good consideration, and it seemeth the Court may not examine the consideration, and there is a diversity where the Grant is by Indenture and where by word only.  

Nota.  If a man hath power to make Leases for three lives he may not make a Lease for 99 years determinable upon three lives.  
But if a man hath power by proviso to make any lease or Grant, provided that such lease or Grant exceed not the number of three lives or 21. years, there he may make a lease for ninety nine years, (if three lives so long live) for that doth not exceed the number of three lives, but that in truth is lesser, for every term for years which is but a Chattel, is lesser in estimation of the law then estate for life, which is Franktenement.  
If A. be Tenant for life, the remainder in tail, and A. hath power to make leases for twenty one years, rendant the ancient rent, he may not make a lease by Warrant of Attorney by force of his power, because he hath but particular power which is personal unto him.  

Lands may be conveyed 6. manner of ways.  First by Feoffment executed from one man to another man, and his heirs by solemn livery and Seisin, 

By Feoffement.  
By Fine. By recovereys' Bargain and Sale. By use. By Covenant. By Will.   if a lesser Estate be given then Fee-simple, is it not cal●ed a Feoffement unless the Fee-simple be conveyed.  
A man in consideration of 100 l and of marriage covenanteth from thenceforth to be seized of certain land, to the use of himself for life, and afterwards to the use of his son in tail, and the deed is not enrolled, according to 27 H. 8. the use and profits is charged, because the statute speaketh of bargain and sale only, and the use is not because of Bargain and sale only, but also for marriage. Ploudens case Manxell, foe 4.  
A Fine is a real agreement made upon record in the King's Court of Common Pleas at Westminster upon Fines, 
What a Fine is, and how lands may be conuerted thereby. Tenant for life, the remainder to A. in tail, the remainder to B. in tail etc. with divers remainders over, and tenant for life suffers a common recovery, wherein he voucheth A. and he the common vouchees, that shall bind all the otheir remainders, for no Covin or collusion may be supposed, when the next in remainder in tail, which hath the immediate inheritance, is vouched. Coke. 10 pars fo. 48.  a rent may be reserved, but no condition or Covenant, this fine is a record of great credit and upon this Fine are made four proclamations made openly in the common Pleas in every Term, and for four terms together, and if any man having right to the same make not his claim within 5. years after the proclamations ended, he looseth his right for ever (an Infant, a Feme covert, a Madman, or one beyond the Seas only excepted) whose rights are saved, so that he claim within 5 years after full age, death of her husband, recovery of the Wits, or return beyond the Seas, it barreth the heirs in tail presently whether the heir doth claim within 5. years or not, if he claim by him that levied the fine.  
A recovery barreth entails, and all remainders, and reversions that should take place after the entails, saving where the King is giver of the entail, and keepeth the reversion to himself, than neither the heir nor reversion is barred by the recovery. And now by use recoveries are become common assurances against entails, remainders, and reversions, and the greatest security purchasers have for their money, for a Fine will bar the heir in tail, but not the remainders, nor reversions, 
Why recoveries do bar remainders and reversions.  but a common recovery will bar them all; and the reason why the heirs, remainders and reversions are thus barred is, because in strict law the recompense adjudged against the cryor that was vouchees is to go in succession of estate, as the Land should have done, and then it was not reason to allow the heir the liberty to keep the land itself, and also to have recompense, and therefore he loseth the Land and is to trust to the recompense.  
Upon Feoffements and recoveries the estate doth settle, 
Upon Fines, Feoffements and recoveries, the estate doth settle according to the intent of the parties.  as the use and intent of the parties is declared by word or writing before the act was done, as for example, if they make a writing that any of them shall levy a Fine, make a Feoffement or suffer a common recovery to the other, but the use and intent is, that one shall have it for his life and after his decease a stranger to have it in tail, and then a third in Fee-simple, in this case the Law setteth an estate according to the use and intent declared. And that by reason of the statute of 27 H. 8. of uses concerning the land in possession to him that hath interest in the use or intent of the fine, Feoffement or recovery according to the use and intent of the parties.  

The Statute of 27 H. 8. doth not pass land upon the payment of money without a Deed indented and enrolled.  Upon this Statute is likewise grounded the fourth and the fifth of the sixth conveyances (viz.) Bargains and Sales, and Covenants to stand seized to uses for this statute wheresoever it findeth an use, conjoineth the possession to it, and turneth it into like quality of state, condition, rent, and the like as the use hath.  
But the Parliament that made the statute did foresee that it would be mischievous that men's lands should suddenly upon the payment of a little money be taken from them, peradventure in an Alehouse or a Tavern upon straineable advantages, did therefore gravely provide another Act in the same Parliament, that the Land upon payment of this money should not pass away, unless there were a writing, indented made between the said 2. parties, and the said wrighting also within six months enrolled at some of the Courts of Westminster, or in the Session's Rolls in the Sheir where the land lieth.  
The first conveyance by covenant is a conveyance to stand seized to uses, it is in this sort; 
A Covenant to stand seized to a use, needeth no Enrolment as a Bargain and Sale to an use doth, so as it be to the use of Wife, Child, or Cousin, or one he meaneth to marry.  a man that hath a wife and children, brethrens and kinsfolk, may by writing under his hand and Seal agree, that for him they or any of their heirs he will stand seized of his lands to their uses, either for life in tail or in Fee, so as he shall see cause, upon which agreement in writing there ariseth an equity or honesty that the land should go according to those agreements, nature and reason allowing those provisions, which equity and honesty is the use, and the use being created in this sort the statute of 27 H. 8. containeth the estates of the Land, as the use is appointed; and so this covenant to stand seized to uses is at this day a conveyance of land, and with this difference from a bargain and sale, in that this needs no enrolment, nor needeth not to be a writing indented as a bargain and sale must, and if the party to whose use he agreeth to stand seized of the land, be not wife or Child, Cousin, or one that he meaneth to marry, then will no use arise and so no conveyance, 
Upon a fine Feoffement or recovery, a man may limit the use to whom he will without consideration of blood or money, otherwise in a bargain and sale, or Covenant.  for although the law alloweth such weighty considerations of marriage and blood to raise uses, yet doth it not admit so trifling considerations as of acquaintance, Schooling, service, or the like, but where a man maketh an estate of his land to others by Fine, Feoffment, or Recovery, he may then appoint the use to whom he listeth, without respect of marriage, kindred, money, or other thing, it is not so when he maketh an Estate, but agreeth to stand seized, nor when he hath taken any thing, as in the cases of Bargain and Sale, and Covenant to stand seized to Uses.  
The last of the six conveyances is a Will in writing; which course of conveyance was first ordained by the statute of 32 H. 8. before which statute no man might give land by will, except it were in a Burrowgh-Towne where there was a special custom, that men might give their lands by Will, as in Lond. and many other places.  

In what manner the statute of 32. H. 8. giveth power to dispose of lands by Wil  By the Statute of 32 H 8. a man may give lands by will in this sort, first it must be by Will in writing. Secondly he must be seized of an estate in Fee-simple, for tenant for another man's life, or tenant in tail cannot give lands by Will by that statute.  

If a man be seized of Capite Lands and Socage, he cannot devise but two parts of the whole.  Thirdly, he must be solely seized and not jointly with another, and then being thus seized for all the Land he holdeth in socage being tenure, he may give it by the Will, except he holdeth any piece of Land in capite by Knight's service of the King, and laying all his lands together he can give but two parts by will, for the third part of the whole aswell in socage as in capite must descend to the heir to answer Wardship, Livery, and primer seisin to the Crown.  
And so if he hold Lands by Knight's service of a subject, he can devise but two parts of his Lands, and the Lord by Wardship, and the heir by descent is to hold.  

A conveyance by devise of Capite Lands to the wife for her Joiner, or to his Children for their good, or to pay debt, is void for a third part by 32 H. 8.  And if a man that hath three Acres of Land holden in capite by Knight's service, do make a Jointure to his wise of one, and convey another to any of his children, or to friends to take the profits to pay his debts or Legacies, or daughter's portions, than the third Acre or any part thereof he cannot give by Will, but must suffer it to descend to the heir, and that must satisfy Wardship.  
Yet a man having three acres as before, may convey all to his wife and children by conveyance in his life time, as by Feoffment, Fine, Recovery, Bargain, and Sale, or Covenant to stand seized to Uses, and to disinherit the Heir, but if the Heir be within age when the Father dieth, the King or other Lord shall have that Heir in Ward, and shall have one of the three acres during the Wardship to sue Livery and primer Seisin. But at full age the Heir shall have no part of it, but it shall go according to the conveyance made by the Father.  
It hath been debated how the Thirds shall be set forth, for it is the use, 
The King nor Lord can intermeddle, if a full third part be left to descend to the heir. Entailed lands part of the Thirds.  that all lands which the Father leaveth to descend to the Heir, being Fee-simples, or in tail, must be part of the Thirds, and if it be a full Third, than the King, nor Heir, nor Land can intermeddle with the rest, if it be not a full Third, yet they must take it so much as it is, and have a supply out of the rest.  
This supply is thus to be taken, if it be the King's Ward, then by a Commission out of the Court of Wards, whereupon a Jury upon Oath may set down so much as shall make up the Thirds, except the Officers of the Court of Wards can otherwise agree with the parties, if there be no Wardship due to the King, than the other Lord is to have a supply by a Commission out of the Chancery, and a Jury thereupon.  
But in all the Cases these Statutes do give power to him that maketh the Will, 
The Statute giveth power to the Testator to set out the Thirds himself, and if it be not a third part, yet the King or Lord must take that in part, and have a supply out of the rest.  to set forth and appoint of himself which lands shall go for the Thirds, and neither King nor Lord can refuse it; and if it be not enough, yet they must take that in part, and only have a supply in manner as before is mentioned out of the rest.  
A Feoffment made to the use of ones Will, if his Will be declared before, or at the time of his Feoffment, it cannot be altered, because it is executed, otherwise it is if his Will be declared afterwards, 20 H. 7. 11. vide fol. 27. b.  

What persons may make Leases at this day.  There be three kinds of persons at this day which may make Leases for three lives, etc. in such sort as hereafter is expressed, which could not so do when Littleton wrote.  
Any person seized of an Estate in Fee-simple in the right of his Church, and any person seized of an Estate in Fee-tail in his own right.  
Any Husband and Wife seized of any Estate of Inheritance in Fee, or in Fee-tail, in the right of his wife, or jointly with his wife before the Coverture or after (viz.) The Tenant in tail by Deed to bind his Issues in tail but not the Reversion or Remainder.  
The Bishop by Deed without the Dean and Chapter to bind his Successors, the husband and wife by Deed to bind the wife, and her and their Heirs, and these are made good by the Statute of 32 H. 8. which enableth them thereunto, but to the making good of such Leases by the said Statute, there are nine things necessary to be observed belonging to them all, and some other to some of them in particular.  
1. The Lease must be made by Deed indented.  
2. He must be made to begin from the day of the making, or from the making thereof.  
3. If there be an old Lease in being it must be surrendered, or expired, or ended within a year of the making of the Lease, and the surrender must be absolute, and not conditional.  
4. There must not be a double Lease in being at one time; As if a Lease for years be made according to the Statute, he in the Reversion cannot expulse the Lessee, and make a Lease for life or lives according to the Statute, nor e converso, for the words of the Statute be to make a Lease for three lives, or one and twenty years, so as the one or the other may be made, and not both.  
5. It must not exceed three lives, or one and twenty years from the making of it, but it may be for a Lesser term, or fewer lives.  
6. It must be of Lands, Tenements, or Hereditaments maynorable, or corporeal, which are necessary to be let, and whereunto a Rent by Law may be reserved, and not of things that lie in Grant, as Advowsons', Fairs, Markets, Franchises, and the like, out whereof a Rent cannot be reserved.  
7. It must be of Lands or Tenements which have been most commonly let by the space of twenty years next before the Lease made, so as if it be let for eleven years at one, or several times within those twenty years, it is sufficient. A Grant by Copy of Court Roll in fee, for life or years, is a good letting to farm within this Statute, for he is but Tenant at will, Secund. Cons. Manerii: And so it is of a Lease at will by the Common Law; But those let to Farm must be made by some seized of an Estate of inheritance, and not by a Guardian in Chivalry, Tenant by Gurtesie, Tenant in Dower, or the like.  
8. That upon every such Lease there be reserved yearly during the said Lease due and payable to the Lessors, their Heirs and Successors etc. so much yearly Farm or Rent as hath been most accustomably yielded and paid for the Land within twenty years before such Lease made.  
Hereby first it appeareth that nothing can be demised by authority of this Act, but that whereon a Rent may be lawfully reserved.  
Secondly, that where not only a yearly Rent was formerly reserved, but things not annual, as Herriots, or any Fine, or other profit, at or upon the death of the farmor, yet if the yearly rent be reserved upon a Lease made by force of this Statute, it sufficeth by the express words of the Act: And if twenty acres of land have been accustomably let, and a Lease is made of these twenty, and one acre which was not accustomably let, reserving the customably yearly rent, and so much more as exceeds the value of the other acre, this Lease is not warrantably let, and the rent issueth out of the whole.  
If Tenant in tail let part of the land accustomably let, and reserve a rent pro rat, or more, this is good, for that is in substance the accustomable Rent.  
If two Coparceners be Tenant in tail of 20. acres, every one of equal value, and usually let, and they make partition, so as each have ten acres, they may make Leases of their several parts, each of them reserving the half of the accustomable rent.  
If the usual Rent had been payable at four days or Feasts of the year, yet if it be reserved yearly payable at one Feast, it is sufficient, for the words of the Statute be [reserved yearly.]  
Ninthly, nor to any Lease to be made without impeachment of Waste, therefore if a Lease be made for life, the Remainder for life etc. this is not Warranted by the Statute because it is dispunishable for Waste, but if a Lease be made to one during three lives, this is good for the Occupant, if any happen, shall be punished for Waste, the words of the Statute be, seized in the right of his Church, yet if a Bishop that is seized in jure Episcopatus: A Dean of his sole possessions in jure Decanatus; An  in jure Archidiaconatus. A Prebendary and the life are within the Statute, for every of them is generally seized in jure Ecclesiae.  
All Grants, Feoffments, Leases, and other Conveyances or Estates to any Master, or Fellows of a College, Deane and Chapter, Master, or Guardian of an Hospital, Parson, Vicar, etc. other then for one and twenty years, or three lives, from the time of such Lease or Grant, reserving the accustomable yearly rent yearly payable, shall be merely void. 18 Eliz. cap. 11. All Leases made by such persons (as 13 Eliz. cap. 10. before) where another Lease for years is in being, not to be expired, surrendered, or ended within three years' next after the making of such new Lease, shall be void: All Bonds, and Covenants for renewing or making of any Lease contrary hereunto, or to 13 Eliz. cap. 10. before, shall be void.  
But a Parson and Vicar are excepted out of the Statute of 32 H. 8. and therefore if either of them make a Lease for three lives, etc. of lands usually let, reserving the usual rent, it must be also confirmed by the Patron and Ordinary, because it is excepted out of 32 H. 8. and not restrained by the Statute of 1. or 13 Eliz. and what hath been said concerning a Lease for three lives doth hold for a Lease of one and twenty years.  
Now to speak somewhat of the disabling Statutes of 1. and 13 Eliz. the words of the exception out of the restraint and disability of 1 Eliz. are, 
Notes of things well and duty to be observed.  other then for the term of one and twenty years, or three lives, from such time as any Grant or assurance shall be given, whereupon the old and accustomed yearly rent or more shall be reserved. And to that effect is the exception in the Statute of 13 Eliz. First, it is to be understood, that neither of these nor any other do in any▪ sort altar or change the enabling Statute of 32 H. 8● but leaveth it for a pattern in many things for Lease to be made for others.  
Secondly, it is to be known that no lease made according to exceptation of 1 Eliz, and 13. Eliz. and not warranted by the Statute of 32 H. 8. if it be made by a Bishop, or any sole Corporation, but it must be confirmed by the Deans and Chapiters', or others that have interest, as hath been said in the case of the Parson and Vicar, but examples do illustrate. If a Bishop make a Lease for one and twenty years, and all these years being spent, saving three, or more, yet may the Bishop make a new Lease to another for one and twenty years, to begin from the making, according to the exception of the Statute, but not a Lease for life or lives as hath been said: But this concurrent Lease hath been resolved to be good as well upon the exception of 1 Eliz. in the case of Bishops as upon 13 Eliz. which extend to Spiritual and Ecclesiastical Corporations aggregate of many, as Deans and Chapiters', &c. which 32 H. 8. for the Leases for years to be made according to the exceptions of the Statute of 1. and 13 Eliz. must begin from the making and not from the day of the making, but by force of 32 H. 8. from the day of the making: And though the Statutes of 1. and 13 Eliz. do not appoint the Lease to be made by writing, yet must it therein and in the other 8. properties or qualities before mentioned, and required by 32 H. 8. follow the pattern thereof, the concurrent Lease only excepted. And though the exception in 1. and 13 Eliz. concerning the accustomed rent is more general than that of 32 H. 8. and there is not any provision made for Leases made dispunishable of waste, etc. yet must the pattern of 32 H. 8. be followed for Leases made without impeachment of waste by such Spiritual and Ecclesiastical persons, are unreasonable, and are causes of disputations: And albeit it be proved by the said Acts, that all Grants, etc. Leases, etc. other than Leases for three lives, or one and twenty years, according to these Acts, should be utterly void and of none effect to all intents. Yet Grants or Leases, etc. nor warranted by these Acts, are not void but good against the Lessor, (if it be a sole Corporation) or so long as the Dean or other head of the Corporation remain, if it be a Corporation aggregate of many, for the Statute was made in benefit of the Successor, 3. pars. Coke fol. 50. 60. pars. 39 Eliz. inter Hunt & Singleton.   

How to make a perfect Jointure within the Statute of 27 H. 8. wherein six things are to be well observed.  

Jointure to bar Dower.  FIrst, her Jointure by the first Limitation is to take effect for her life in possessions or profit presently after the death of her Husband.  
Secondly, that it be made for the term of her own life.  
Thirdly, it must be made to herself, and none other for her.  
Fourthly, it must be made in satisfaction of her whole Dower, and not in part of her Dower.  
Fifthly, it must either be expressed or averred to be in satisfaction of her Dower.  
Sixthly, it may be made either before or after marriage.  
Concerning the first, if a man make a Feoffment in fee of Lands or Tenements either before or after marriage, to the use of the husband for life, and after to the use of A. for life, and then to the use of the wife for life in satisfaction of her Dower, this is no Jointure within the Statute, because by the first limitation it was not to take effect in possessions or profit presently after the death of her husband; and although in that case A. should die, living the husband, and after the death of the husband the wife entereth, yet this is no Bar of Dower, but she shall have her Dower also, because it is not within the said Statute, and by the Common Law it was no Bar of Dower.  
Secondly, it must be either in Fee-tail, or for term of her own life, for an Estate for life or lives, of one or many others, or to her for a hundred years (if she live so long) or without such limitation is no Bar of Dower, albeit it be made expressly in satisfaction of her Dower.  
Thirdly, if an Estate be made to others in Fee-simple, or for life upon trust, so as the Estate remain in them, albeit it be for her benefit, and by her assent, and by express words to be in full satisfaction of her Dower, yet is this no Bar of her Dower.  
The fourth is so plain, as it needeth not any example.  
Fifthly a Devise by will cannot be averred to be in satisfaction of her Dower, unless it be so expressed in the Will.  
Sixthly, if the Jointure be made before marriage the wife cannot waive it and claim her Dower at the Common Law, but if it be made after marriage, than she may waive the same, and claim her Dower, Vernons case, 4. pars. Co. fol 4.  
If a Jointure be made to the wife of Lands before the Coverture, and after the Baron and Feme alien by Fine, those lands so conveyed for her Jointure, she shall not be endowed of any other of her husband's lands: But if the Jointure had been made after marriage, notwithstanding the alienation by the husband and wife thereof by Fine, yet seeing her Estate was originally waivable, and the time of her election came not till after the death of her husband, she may claim her Dower in the residue of his lands.  
Note, that by force of the Statute of 1 Ed. 6. cap. 2. & 5 Ed 6. cap. 11. a wife shall not lease any Title of Dower which to her was accrued by the Attainder of her husband, for any manner of Murder or other Felony whatsoever: But if the husband be attainted of high Treason, or petite Treason she shall be barred of her Dower at this day.  

Feoffment to the use of a man's last Will and Testament.  When a Feoffment is made to a future use, as to the performance of his last Will, the Feoffees shall be seized to the use of the Feoffor and his Heirs in the mean time, 35 H. 6. 22. 15 H. 7. 12. H. 36. 11. H. 4. 521. 7 H. 4. 2. 2. 1 Mariae III. Dyer vide fol. 25. a.   

Surrenders.  

Surrender in Law.  A Surrender in Law is in some cases of greater force than a Surrender in Deed, as if a man make a Lease for years to begin at Michaelmas next, this future interest cannot be surrendered, because there is no reversion wherein it may be drown- But by a Surrender in Law it may be drowned: As if the Lessee before Michaelmas take a new Lease for years, either to begin presently, or at a day to come, this is a Surrender in Law of the former Lease.  
Lessee for years grants a Rent-charge, and surrenders, yet the Rent shall be paid during the years. So if he in Reversion grant a Rent-charge during the term, and then the Lessee doth surrender unto him, he shall pay the Rent during the term, for a stranger that is a Grantee of the Rent shall say for his benefit that the term continueth, and that it is not determined.  
If a man make a Lease for forty years, 
Surrender by acceptance of a new Lease. By Surrender one of Court, the Copyhold estate passeth to the Lord under a secret condition that it be presented at the next court, according to the custom of the Manor: And therefore if after such a Surrender and before the next court he that made the Surrender dieth, yet the Surrender standeth good, and if it be presented at the next court Ceaque use shall be admitted thereunto. But if it be not presented at the next court according to the custom, than the surrender becometh void, and so it was clearly holden, Pasch. 14 Eliz. in the court of common Pleas.  the Lessee afterwards▪ taketh a Lease for twenty years, upon condition, that if he doth such an act, than the Lease for twenty years shall be void, and after the Lessee breaks the Condition by force, whereof the second Lease is void, yet the Lease for forty years is surrendered, for the Condition was annexed to the Lease for twenty years, but the Surrender was absolute. So if a man make a Lease for forty years, and the Lessor grants the Reversion to the Lessee upon Condition, and after the Condition is broken, the term was absolutely surrendered. And the diversity is when the Lessor grants the Reversion, and when the Lessee grants or surrenders his Estates to the Lessor, for a Condition to a Surrender may revest the particular Estate, because the Surrender is conditional. But when the Lessor grants the Reversion to the Lessee upon Condition, there the Condition is annexed to the Reversion, and the Surrender absolute.  
If Lessee for years accept a new Lease of his Lessor to begin presently or at a day to come, that is a present surrender of the first Lease.  
And if Lessee for forty years take a new Lease to him and his Son by Deed indented for twenty years, by which. Deed the Lessor covenanteth, that if the Son die within the term, that then the first Lease shall stand in his force, the same Lease, or any other thing notwithstanding, although the Son die within the said twenty years, yet this Covenant shall not revive the first Lease.  
And if a Lease be made for twenty years, to begin at Michaelmas, and after before Michaelmas the Lessee excepteth a new Lease of his Lessor, of the same land by Deed indented for sixteen years, the Lessee upon his entry at Michaelmas is but Termor for sixteen years, and that is by reason of the Deed indented, and the agreement which amounteth to a Grant of the first Lease, etc. for an interest of a term may not be surrendered before that it be in possession, nor the Lessee shall not have Ejectione firmae, nor Action of Trespass before he be in possession: But he may forfeit or grant such interest of a term, yet some hold that such interest may by acceptance of a new Lease be surrendered very well. And they take a diversity where the second Lease may determine before the beginning of the first, than the acceptance of that is no Surrender, otherwise it is if it contain a day after the beginning of the other, than they say that it is a Surrender.  
But it is a Principle that it behoveth that he that surrendreth be seized or possessed of the Estate and of the thing surrendered at the time of the surrender made, for a surrender made by Tenant for life disseised is void, for that he hath but a right at the time of the surrender, the same Law of a surrender made by a Foam which hath title to Dower, is void. Also a man may not surrender a right to a term, and a man may not surrender that which he hath not as a term, which is to begin at a day to come, nor a term before that the Lessor which surrenders hath entered lawfully by force of his Lease, for a Release made to such Lessee by the Lessor before the beginning, and before the possession had of his Lease is void. Also the Lessor remaineth possessed of the Demesne, and hath not any reversion before that.  
And in every surrender these four things are to be considered and observed (viz.) 
Four things to be observed in every surrender.   
1. It behoveth him that surrendreth to have in him the thing surrendered at the time.  
2. The surrender ought to be made of the thing leased, for this word, Surrender, is of such effect to give again, and nothing may be given again but that which was created before.  
3. It behoveth always that there be a privity between him that surrendreth, and him to whom the surrender is made, which privity is defeated and destroyed by granting over of their Estates.  
4. And it behoveth also that he to whom the Surrender is made, hath in him and in his right the immediate Reversion or Remainder of the thing at the time of the Surrender made, and of such Estate, so that the thing surrendered may draw therein, for surrender made to him which hath but a right of Reversion as to the Disseisee or to Tenant in Law, as to the Heir or to the Lord by Escheat, before that they have entered, or have seisin or possession in Deed, or to the Discontinuee, of Tenant in tail, etc. is a void surrender.  
And note, that there is a Surrender in Deed, and a Surrender in Law of a term for years, 
Surrender in deed, and Surrender in Law.  and therefore if Tenant for years, and the Lessor make a Feoffment or Lease for life, that shall be taken the Livery of the Lessor, and the surrender of the Lessee, for the term thereby is extinct, and yet there is not any word of surrender, but it shall be so taken by the Judgement of Law, which always incline the words of the parties to the minds of the parties: But if Tenant for life and his Lessor make a Feoffment in fee by Deed, that is the Feoffment of Tenant for life, and the Confirmation of the Lessor, although there be not any word of Confirmation in the Deed, and that shall not be taken to be a Surrender in Law. But if Tenant for life speaketh that he agreeth or showeth his contentment to enable him in the Reversion only to make a Feoffment, and Livery and Seisin to a stranger, that is a Surrender in fait.  
But if he surrender by word in another County, that is not a Surrender until he to whom it is made hath entered. And it is to be thought that if Tenant for life take a new Estate of his Lessor for twenty years, that this is a surrender in Law of the Lease for life, for otherwise the second Lease was made to him, when he was seized or possessed of the first Lease.  

Surrender by express words.  Note, that a Surrender by express words is where the Lessee saith to the Lessor, that his will is, that he shall have again the land, or that he will no longer occupy the same, if the Lessor thereunto agree and enter, that is a Surrender, and else not: But if Tenant for life waive the possession, and the Lessor enter, that is no Surrender.  
In Chenies case it was resolved in Curia Hardorum, 27 Eliz. that where he in Reversion enfeoffed his Lessee for years to the use of others, that although the Lease be surrendered and extinguished by the Common Law, yet by the saving of the Statute of 27 H. 8. of Uses, the term of the Feoffee was saved.  
Also in the same Court, Anno 28 Eliz. in the case of Ized, it was resolved, that where the Lord enfeoffed the Copyholder to the use of others, that the Copyhold Estate by the saving of the said Act was preserved.   

Devises.  
IT is a principle in Law, 
A Lease to A. for life the remainder to the right heirs of B. B. having a daughter dieth, his wife privily with child of a Son, in this case the daughter claimeth by purchase, and therefore the son borne after shall never divest it, Coke. 1. pars, fo 95.  that in all gifts be they by devise or otherwise, it behooveth to have a donee in esse, which hath power and capacity to take the thing given at the very time when it ought to vest, for if there be not any such in rerum natura when the thing ought to vest, than the gift shall be void. Blow. fo. 345.  
For if a man devise a Lease or goods to I. S. which dieth, and then the devisor dieth, the Executor of I. S. shall not have them. And if a man seized of lands in Fee devisable, make his will and thereby devise his lands to I. S. and his heirs, and then I. S. dieth and afterwards the devisor dieth I. S. and his heirs nor any of them shall take nothing by this devise, and here the thing ought not to vest in the devisee until the death of the devisor, at which time the devisee was dead, and so was not in rerum natura. And as to that heirs are named in the gift, that is to say, it is given to the devisee and to his heirs, for which cause they shall be contemned and concluded in the intent, that is not so, for heirs are not there taken to be immediately takers, but only to express the quantity of the estate that the devisee should have, for without expressing heirs, the Devisor might not properly make an estate in Feesimple in the devisee and none other. But if a man devise Lands to one and his heirs and the devisor dieth in the life of the devisee, and then the devisee, dieth, now the heir shall take by the devise Coke, prima pars foe. 95  
If a man lease lands to a man for life, 
Contingent remainder.  and if the Lessor die without heir of his body, that then the Lessee shall have the land to him and his heirs; in this case if the Lessee for life dieth, and then the lessor dieth without heirs of his body, the heir of the lessee shall not have the land, and so clearly holden, Plowden, come. fo. 483.  

Quere de hoc.  It was agreed for good law, that the occupation of a Chattel may be devised by way of remainder, but if the thing itself were devised to use, the remainder were void, for the gift or devise of a Chattel for an hour is pro imperpetuum, and the donee or devisee may give it, sell it, and dispose it, and the remainder thereupon is void, Brook. devise foe 13.  

The occupation of a Chattel personal may be devised by way of remainder.  A Lease devised 20. years to one for the first ten years, the remainder to another, or devised to one for so many years as he shall live, the remainder to another, a delivery to the first devisee serveth for him in the remainder also. So though it be but the occupation of a term which is so devised, for the occupation and profits of the Land is all one with land itself, but if the occupation of a Book, glass, or other Chattel personal be devised to one for life, and after his death to another in like sort, there a delivery to the first is no delivery to the other, for their occupations are several, and in such Chattles personal the occupation is distinct from the property, 7 H. 6. 30. Plowden, foe 522.  
A devise to one and his heirs Males, is an estate tail, but a devise to I. S. in Fee upon condition, that if he pay not I. D, 10 l. then I. D. to have it in Fee, is a void condition and remainder, for it is contrary to the law. 27 H. 8. 27. 29 H. 8. Dier. 33.  
But a devise of the fee-simple to Alice S. and after her death to B. is only an estate for life, the remainder for life to B. the remainder to Alice in Fee, so as the husband of Alice, 
In a devise by what words Fee-simple passeth.  (if she die in the life of B.) cannot be Tenant by courtesy, 19 Eliz. Dier. 357.  
If a man devise lands to a man for ever, or to give and to sell, or in fee-simple, or to him and his Assigns for ever, Fee-simple passeth, but if the devise be to a man and his Assigns without saying for ever, the Devisee hath but an estate for life, if a man Devise lands to one & sanguini suo, that is Fee-simple, but if it be semini suo it is estate tail.  
If a man Devise Lands upon condition, 
A devise, upon a condition repugnant is void.  that the Devisee shall not Alien, this condition is void, and so it is of a Grant, Release, Confirmation, or other conveyance whereby a Fee-simple doth pass. And so it is, if a man be possessed of a Lease for years, or of a Horse, or of any other Chattel, real or personal, and give it or set it upon any such condition.  
When a man deviseth that the Executors shall set the Land, 
A devise that the Executors shall sell the Land.  there the Land descendeth in the mean time to the heir, and until the Sale be made, the heir may enter and take the profits.  
But when the land is devised, to his Executor to be sold, there the devise taketh away the descent, 
A device of Land to the Executors to be by them sold.  and vesteth the state of the land in the Executors, and they may enter and take the profits, & make sale according to the Devise, and here it appeareth, that when a man deviseth his Tenements to be sold by his Executors, is all one as if he had devised his Tenements to his Executors to be sold. And the reason is, because he deviseth the Tenements whereby he makes the descent.  
Although that the last Will shall avoid the former Will, yet if a man be seized of lands in Fee, 
No alteration of such a Will.  and thereof enfeoff a stranger, and declare his Will upon the Livery of Seisin made to the stranger, that is, that the Feoffee shall be seized to the use of the Feoffor for term of his life, the remainder to I. S. in Fee, now he may not alter this Will by a latter Will in prejudice of ceste que use in remainder, because the use is in him in remainder forthwith, so that he may set it, but if in the same case the remainder of the use had been to the right heirs of the Feoffor, than the Feoffor might alter this use by his last Will, and if the Feoffor had declared his Will upon the Livery of Seisin, that the Feoffee should be seized to the use of I. F. for life, the remainder to the use of the Feoffor, or in tail, the remainder to the use of a stranger in Fee, in this case the Feoffor may not alter this Will by his last Will, Perkins Testaments, fo. 93. and 92.  

Such a Will may be altered.  If a man seized of Lands in Fee, thereof enfeoff a stranger, to the intent to perform his Will, and after the Feoffor maketh his Will and deviseth the same Land to a stranger in Fee, in this case the Devisor may alter this Will by a latter Will, because in this case the Devisee shall not have this Land but by force of the Testatment, and that may not take effect till after the death of the Devisor. And the same law it is of Lands, Tenements, Rents, or Common, etc. devisable by the custom used in any place etc. And also the same law is it of all Chattels real and personal devised, Perkins Testaments, fo. 93.  

A Feoffment to perform a Will.  When a Feoffement is made to a future use, as to the performance of his last Will, the Feoffees shall be seized to the use of the Feoffor and his heirs in the mean time, 35 H. 6. 22. 15 H. 7. 12. 37 H 6. 36. 11. H. 4. 52. 7 H. 4. 22. 1 Mariae. 111. Dier.  

Of such Will. there is no alteration.  A Feoffment made to the use of ones Will, if his Will be declared before, or at the time of his Feoffment, it cannot be altered because it is executed, otherwise it is if his Will be declared afterwards, 20 ●. 7. 11.  
If a man devise his land to W. N. solvendum 10 l. to his Executors and die, 
A man deviseth lands to his wife so long as she should continue sole, and if she marry, the remainder in tail, the remainder to his right heir, so that the marriage is the limitation which determineth the estate, and so the remainder beginneth upon the estate ended there. Coke. 10. pars. fo. 41.  the Devisee hath Feesimple by reason of the payment without words to his heirs, for ever. And that shall be intended the intent of the Devisor: so if a man sell land to W. N for 20 l. that shall be intended a Sale in Fee-simple without words, heirs, for conscience, etc. Brook estates foe 78.  
Termor deviseth to his wife the Land for so many years as she should live, and afterward the term to his son, and made his wife. Executrix and died, the wife proved the Testament and entered and agreed to the devise, and afterwards she aliened the term and died, the son or his Administrator may enter.  
A man deviseth his Land to I. S. that shall be taken but for term for life, but if he saith paying 100 l. to W. N. that shall be intended Fee-simple, and if he doth not pay it in his life time, yet if his heir or Executor pay it, it sufficeth Quaere of his Assignee, Brooke, Testament, 18.  
A Devise to a man and his heirs, he hath issue a daughter and dieth, his wife privily with Child of a Son, the daughter entereth, she shall retain the land for ever, and yet the son is heir, but not to toll the land before vested in the daughter.  
If Lessee for years devise his term or other his goods or Chattels by Testament to one for term of his life, the remainder over to another and dieth, and the Devisee entereth and doth not Alien the term, nor give, nor sell the Chattel, and die there, he in remainder shall have it, but if the first devisee had aliened given or sold it, he in remainder had been remediless, Brook Chattel 23. And so B. thinketh it if it be forfeited in his life, he in remainder is without remedy.  
If a term be devised to one & his heirs males of his body, his heir shall not have it, but his executor, for a term which is but a Chattel may not be entailed, and such Devisee may well Alien the term to whom please him Coke. 10. pars. fo. 22.  
If a man devise Lands to one to have to him and his heirs after the death of the Devisors wife, the wife although she were not named before the Habendum shall have an estate for life by this Devise.  
The husband possessed of a term in jure uxoris suae maketh a Lease of parcel rendant rend, the wife shall have the residue of the term but not the rent, 9 Eliz. Dier. fo. 246.  
If a man devise his land to his wife for her life, upon condition that if she marry, that then the land shall remain to I. S. in tail, this is a good remainder, for the construction of this devise is to make the same condition, to be a lymitation and not any condition, and upon a lymitation or determination of a particular estate which is certain and not uncertain a remainder clearly may well depend.  
A man possessed of a term of years in the right of his wife, cannot devise it to another by his Will, for she hath an estate in it before and at the time of his death, which preventeth the Devisee, nor can he grant charge out of it, for she surviving is remitted to the term, and therefore shall avoid the charge. But by by an express Act he might in his life time have given it away, but if a woman having Chattels personal take a husband, the law devesteth the property out of her and vesteth it in her husband only.   

What Deeds of Gifts shall be counted fraudulent.  

Fraud.  IF a man make a general Deed of Gift of all his goods, this is suspicious to be done upon fraud to deceive the Creditors.  
And if a man which is in debt make a Deed of gift of all his goods, to protract the taking of them in execution for his debt, this deed of gift is void, as against those to whom he stood indebted: But as against himself his own Executor or Administrator or any man to whom afterwards he shall sell them or convey them, it is good.  

What is sale bona fide, and what not.  By sale any man may convey his own goods to another, & although he may fear Execution for debts, he may sell them outright for money at any time before the Execution served, so that there be no reservation of trust between them, that providing the money he shall have the goods again, for that trust in such case doth prove plainly a fraud to prevent the Creditors from taking the goods in execution.  
A Deed of gift of goods to defraud Creditors is void against them, but is good against him his Executors or ministrators.   

Where Sale in a Market Overt shall Bar the owner, and where not.  
IF a man steal my Goods or Cartel, 
Market Overt.  or take them from me in jest, or borrow them of me, and carry them to the market or fair, and there selleth them, this sale doth bar me of the property of my goods, saving that if it be a horse he must be ridden two hours in the Market or Fair between ten and five of the Clock, and Tolled for in the Tolle-Booke, and the seller must bring one to avouch this Sale known to the Tolle-book-keeper, or else the Sale bindeth not, and for any other goods, where the Sale in a Market or Fair shall bar the owner, not being the seller, of his property, it must be sale in a Market or Fair where usually things of that nature are sold. As if a man steal a horse and sell him in Smithfield, the true owner is not barred by this Sale, but if he sell, the Horse in Cheapside, Newgate, or Westminster Market, the true owner is not barred by this Sale because these Markets are usual, for Flesh, Fish, etc. & not for horses.  
So as where by Custom of London, every shop there is a Market all the days of the week, saving Sundays and Holidays, yet if a piece of Plate or a Jewel that is lost, or a chain of Gold, or Pearl, that is stolen or borrowed, be sold in a Draper or Scrivenors' Shop, or any other but a Goldsmith, the sale barreth not the true owner & sic in similibus.  
The owner may seize his goods after they are stolen, wheresoever he findeth them except they were sold in a Fair or Market, and that bona fide without fraud.  
But if the Thief be condemned of the Felony, or outlawed for the same, or outlawed in any personal Action, or have counted a forfeiture of goods to the Crown, than the true owner is without remedy, and yet if after the goods were stolen, the true owner maketh fresh pursuit after the thief & taketh the goods with the thief, he may take them again, and if he make no fresh pursuit, yet if he prosecute the Felon so far as Justice requireth, as to have him arraigned, indicted, and found guilty, (though he be not hanged nor have judgement of death) in all these cases he shall have the goods again by a writ of a restitution to the party in whose hands they are.  
No Sale on a Sunday or Holiday shall be said a sale in Market Overt to alter the property.  

Waive.  A Thief having stolen goods being pursued flieth away, and leaveth the goods, this leaving is called a waving, and the property is to the King or to the Lord of the Manor, where it was wayved. But if the Felon be Indicted, Adjudged, found guilty, or unlawed at the suit of the owner of these goods, he shall have restitution of them as before.  

Stray.  Property in live Chattel is thus gotten, when they come into other men's grounds, than the party or Lord into whose grounds or Manors they come, causeth them to be seized, and with a With put about their necks, and to be cried in three Markets adjoining, showing the Marks of the , which done, if the true owner claim them not within a year and a day, than the property of them is in the Lord, and if the stray remain with the Lord eight or ten Months, and then strayeth away to another Lordship and is seized by a second Lord, the first Lord hath no remedy to have it again.  

Wreck.  Where a man, Dog, or Cat escape alive out of Ships, it shall be no wreck, but the things shall be prized by the Sheriff or Coroner, and delivered to those of the Town where they be found, to answer them. So as if any within the year and day prove that the goods be his, they shall be restored to him. Westminster, cap. 4.  
Treasure hid in the earth (not upon the earth nor in the Sea) and Coin though not hidden being found, 
Treasure Trove.  is the Kings, Stanford, 410. 10 Eliz. Plowden foe 322.  
If a man be outlawed, Indicted of Felony or Treason, 
Forfeitures.  or confess it, or be found guilty of it, or refuse to be tried by Peers, or Jury, or be attainted by Jury, or fly for Felony, though he be not guilty, or suffer the Exigent to be awarded against him, although he be not outlawed, or go over the Seas without Licence, all the goods he had at the judgement, he forfeiteth to the Crown, except some Lord by Charter can claim them, for in those cases prescription will not serve, except it be so ancient that it hath had allowance before the Justices in Eire in their circuits, 
Execution sued in personal Actions.  or in the King's Bench in ancient time.  
Recoveries in personal Actions are of two sorts, either to have execution of the profits of the land and Chattels, or a capias ad satisfaciendum.  
In those of the first sort execution shall be of any land which the party had the day of the judgement given, but for Chattels, though it be Leases for years only, those which he had the day of the execution sued. So as if he sell his goods bona fide after judgement & before execution sued forth, those goods are not liable to the Execution. Or if a Writ of Execution be sued forth and never returned, and after the Defendant Alien his goods, and the plaintiff purchase another Writ which is returned, yet the Execution shall not be of these goods, for Writs which never are returned, are not of record nor of any force at all, but an alienation made after the teste of that second Writ, had been nothing worth, Old Na. Br. 165. 42. E. 3. 11. 2. H. 4. 141.   

Executors, with all things incident to that Office.  

Executors.  BY Executor-ship goods are gotten, when a man is possessed of goods maketh his last Will and Testament in writing, or by word, and maketh one or more Executors thereof, these Executors have by the Will and death of the parties all the property of their goods, Chattels, Leases for years, Wardships, and extents, and all right concerning those things.  
Those Executors may meddle with the goods and dispose them before they prove the Will, but they cannot bring an Action for any debt or duty, before they have proved the Will.  
The proving of the Will is thus, they are to exhibit the Will into the Bishop's Court, and then they are to be sworn, and the Bishop's Officers are to keep the Will Original, and certify the Copy thereof in Parchment under the Bishop's scale of Office, which Parchment so sealed is called the Will proved.  

Administration and Executors.  By letters of Administration property in goods is thus gotten, when a man possessed of goods dieth without any Will, there such things as the Executors should have had, if he had made a Will, were by ancient law to have come to the Bishop of the Diocese to dispose for the good of his soul that died, he first paying his funeral and debts, and giving the rest, ad pios usus.  
This is now altered by the Statute Law, so as the Bishops are to grant Letters of Administration of the goods at this day to the Wife, if she require it, or children, or next of kin, if they refuse it (as often they do) because the debts are greater than the estate will bear, than some Creditors or some other will take it, as the Bishop's Officers shall think meet. It groweth often in question what Bishop shall have the right of proving Wills, and granting Administration of Goods.  
In which Controversy the rule is thus, That if the party dead, had at the time of his death Bona notabilia in divers Dioceses of some reasonable value, the Archbishop of the Province where he died is to have the approbation of his Will, and grant the Administration of his Goods, as the case falleth out, otherwise the Bishop of the Diocese is to do it.  
If there be but one Executor made, yet he may refuse the Executorship coming before the Bishop, so that he hath not intermeddled with any of the Goods before, or with receiving Debts or paying Legacies.  
And if there be more Executors than one, so many as list may refuse, and if any one take it upon him, the rest that did once refuse may when they will take it upon them, & no executor shall be further charged with Debts or legacies, than the value of the goods come to his hands. So that he foresee that he pay Debts upon Record, Debts to the King. Then upon Judgements, Statutes, Recognizances, than Debts by Bond and Bill sealed, Rend unpaid, Servants Wages, payment to head-workmen; and lastly Shop-books, and Contracts by word, for if an Executor or Administrator pay Debts to others before to the King, or Debts due by Bond before those due by Record, or Debts by Shop-book, and Contracts before those by Bond, Arrearages of rent, and Servants Wages, he shall pay the same over again to these others in the said degrees.  
But yet the law giveth them choice, that where divers have debts due in equal degree of record or specialty, he may pay which of them he will before any Suit be brought against him, but if Suit be brought he must first pay them that get Judgement against him.  
Any one Executor may convey the Goods, or release Debts without his Companion, and any one by himself may do as much as all together: But one man's releasing of Debts, or selling of Goods shall not charge the other to pay so much of the Goods, if there be not enough to pay debts, but it shall charge the party himself that did so release or convey.  
But it is not so with Administrators, for they have but one Authority given them by the Bishop over the Goods, which Authority being given to many, is to be executed by all of them joined together.  
And if an Executor die making an Executor, the second Executor is Executor to the first Testator.  
But if an Administrator die intestate, than his Administrator shall not be Executor to the first: But in that case the Bishop whom we call the Ordinary is to commit the Administration of the first Testators Goods to his Wife, or next of kin, as if he had died intestate; Always provided, that that which the Executor did in his life time is to be allowed for good. And so if an Administrator die and make his Executor, the Executor of the Administrator shall not be Executor to the first Intestate, but the Ordinary must new commit the Administration of the Goods of the first Intestate.  
Again, if the Exetutor or Administrator pay Debts or Funerals, or Legacies of his own money, he may retain so much of the Goods in kind of the Testator or Intestate, and shall have property of it in kind.   

Legacy.  
PRoperty by legacy is where a man maketh a Will, and Executors, and giveth legacies, he or they to whom the Legacies are given, must have the assent of the Executors, or of one of them to have his Legacy; and the property of that Lease or other Goods bequeathed unto him is said to be in him, but he may not enter nor take his legacy without the assent of the Executors, or of one of them, because the Executors are charged to pay debts before legacies; And if one of them assent to pay legacies, he shall pay the value thereof of his own purse.  
But this is to be understood by debts of Record to the King, or by Bill and Bond sealed, or Arrearages of Rent, or Servants, or Workmen's Wages, and not debts of Shop-books, or Bills unsealed, or Contract by word, for before them legacies are to be paid.  
And if the Executors doubt that they shall not have enough to pay every legacy, they may pay which they please first, but they may not sell any special legacy which they will to pay debts, or a lease of goods to pay a money legacy: But they may sell any legacy which they will to pay debts, if they have not enough besides.  
If a man make a Will, and make no Executor, or if the Executors refuse, the Ordinary is to commit Administration cum Testamento annexo, and take Bonds of the Administrators to perform the Will, and he is to do it in such sort as the Executor should have done if he had been named.  
A Lease was made to one William Cecil for the term of one and forty years (if he so long live) and if he die within the term aforesaid, 
Remainder void, fol. 56.  then E. the wife of the said W. should have and hold all the said Premises for the residue of the said term (if she so long live) and if she die within the same term, than W. Cecil Son of the said W. Cecil should have and hold all the Premises for the residue of the term aforesaid unexpired: By Catelin and Dier, the Remainders are all void, because that the term is determinable on the life of W. Cecil, so the residue of the said term may not remain, Dyer, fol. 253.   

Releases.  
AS a Release of Suits is more large and beneficial than a Release of Querela's, or of Actions, so a Release of demands is more large and beneficial than any of them, for thereby is released all that which are released by the others, and more. By a release of all Demands, all Free-holds, and Inheritances Executory are released, as Rents, and the like; by a Release of all Demands, all Executions are released by a Release of all Demands to the Disseisor, the right of entry to the land, and all which is contained within it is released. So it is resolved in Chamies' case, 34 H. 8 titulo Release, that he which releaseth all Demands excludeth himself of all Actions, Entries, and Seizures. Littleton holdeth, cap. guarantees 80. 170. That if Tenant in tail enfeoff his Uncle who enfeoffs another in fee with Warranty, if after the Feoffee by his Deed release to his Uncle all manner of Warranties, or all manner of Covenants real, or all manner of Demands by such Release, the Warranty (which is a Covenant real and executory) is extinct. And the reason of all that was, because that by a Release of Demands, all the means and remedies, and the causes of them which any hath to Lands, Tenements, Goods, Chattels, etc. are extinct, and by consequence the right and interest to the thing itself.  
But note although that a Release of all Demands be of so great extent, yet that extendeth not to such Writs by which nothing is demanded neither in fact nor in Law, by doing only to relieve the Plaintiff by way of discharge, and not by way of demand. A Release of all Demands is not a bar in a Writ of Error to reverse an Outlawry.  
By a release of all demands, Rentseck, all Actions mixed. Warranty which is a Covenant real, and all other Covenants real and personal, Estovers, all manner of Commons, Profits apprender, Conditions before they be broken or performed, or afterwards Annuities, Recognizances, Statutes, Obligations, and Contracts, etc. are released and discharged.  
If a man by Dead covenant to make a house, or to make an Estate, and before the Covenant broken, the Covenantee release to him all Actions, Suits, and Quarrels, that is no discharge of the Covenant, because that at the time of the Release nothing was due, nor was it any debt or duty, or any cause of Action in esse, but in this case of all Covenants is a good discharge of the Covenant before it be broken.  
A Release of all duties extendeth to all things due which is certain, and therefore dischargeth Judgements in personal Actions and Executions also. If the Plaintiff after Judgements release all Demands, the execution is discharged. By a Release of all Quarrels, all Causes of Actions are released, although no Action be then depending. Coke 10. pars. fol. 51. 38 H. 8 Release. 6 H. 7. 15. 19 H 6. 3. 4. 40 E. 3. 22. 5 Eliz. Dyer 217.  
By a Release of all Suits the execution is released.  
If a man be in Execution, 
If a man make a Lease for ten years, the remainder for twenty years, he in remainder releaseth all his right to the Lessee, he shall have an estate for thirty years, for one Chattel cannot drown in another, and years cannot be consumed in years. Coke Littleton, 260. b. Co. 6. pars fo. 47.  a Release of all Debts or Duties, he is to be discharged of the Execution, because the Debt or Duty is discharged.  
If Judgement be given in an Action of Debt, and the body of the Defendant is taken in execution by Capias ad satisfaciendum, and afterwards the Plaintiff releaseth the Judgement, by that the body shall be discharged of the execution.  
In an Action of Debt brought by Ho in the King's Bench, 
If a rent be behind for twenty years, and the Lord do make an Acquittance for the last that is due, all the rest are presumed to be paid. And the Law will admit no proof against this presumption, Coke Littleton, fol. 373.  Phelix Martial was bail for the Defendant, and afterwards before any Judgement given the Plaintiff released to Pehlix all Actions, Duties, and Demands, and after Judgement was given against the Defendant, and upon a default of the Defendant, Scire facias went out against Phelix Martial, who pleaded the said general Release, upon which plea the Plaintiff demurred: And it was adjudged that this Release shall not bar the Plaintiff, for the words of the bail are conditional (viz.) Si contigeret predictum defendentem debit. & dam. ill. prefat quer. minime solvere aut se prisonae Mareshalss. ea occasione non reddere, etc. So that it may not be by the said Bail any certain duty until Judgement be given, for before that none may know to what sum the Debt and Damages will amount to: he which is bail for the Defendant is not bound in any certain sum at the first; but his Recognizance being general, shall be reduced to a certainty by the Judgement and not before.  

The effect of a special bail given in the King's Bench.  The Condition, etc. That where the above named H. C. and one R. H. in their proper persons have undertaken, so the above bounden C, F. by a Recognizance or Mainprize taken and knowledged before the Justices of the King's Bench at Westminster, that if it happen the said C. F. to be condemned in any Action at the suit of T. B. Esquire, that then the said R. H. and H. D. did grant all Costs and Damages, and Executions which should be judged to the said T. B. in that behalf, should be levied to the use of the said T. B. of the Lands and Chattels of the said R. H. and H. C. if so it be that the said C. F. do not pay the same Damages himself to the said T. B. or restore and yield himself again by means thereof to the Prison of the Marshal of the marshalsea, if the said C. F. his Heirs, etc. and every of them, at all times hereafter, from time to time, do well and truly acquit, discharge, or save harmless the said H. C. and R. H. their Heirs, etc. and every of them against the said T. B. his, &c of and for the breach and forfeiture of the said Recognizance and Mainprize, and of and for the execution of the said Action, whereupon the same Recognizance and Mainprize was so taken and knowledged, and also of for, and upon all other Bonds, Obligations, and Recognizances, wherein the said H. C. standeth bound to any other person or persons, for and in the behalf of the said C. F. that then, etc.   

Cases in Law of divers and sundry manners and matters.  
I. A. by Indenture, bearing date the third of May, 
Livery and seisin void, but if in this case Livery be made by the Lessor himself at the day that this Lease in futuro is to commence, than the Lease is good, but if by Attorney then void, vide plus de hoc fol. 50. fol. 51.  leaseth a Message to B. to have to the said B. from the Feast of the Annunciation of our Lady then next coming, for the term of his life, and Livery is executed the tenth of March following, the Livery in this case is void, because every Livery ought to vest the Freehold in him to whom the Livery is made at the time of the Livery, and this Grant did not commence until the Annunciation following, so that the livery could not bring a possession before the term was to begin, and where there is no Estate present whereunto the livery may be annexed, nor whereunto it may unite, in the mean time then such livery is void. Plowden fol. 156.  
An estate of Franktenement at the Common Law may not commence in futuro, 
A Franktenement be it in possession, reversion, or remainder may not be limited to commence at a day to come.  but aught to take effect forthwith in possession, reversion, or remainder, as if a man make a lease for life to begin at Mich. next, that is void, so if a man make a lease for life, to have from the date of the Indenture, or from the day of the date, or from the day of the making, or from the day of the sealing and delivery, such leases are merely void, for the date is excluded, and the lessee may not enter until the morrow, for when a man makes a lease for life to commence at a day to come, he may not make present livery to a future estate, and therefore in such case nothing passeth, and Livery or Attornment afterwards will never make a void Grant to be good, Coke 5. pars. fol. 94. 2. pars. fol. 55.  
If a Lease be made for years, or at Will by Deed, and Livery and Seisin be made to the Lessee, yet he is but Tenant for years, or Tenant at Will, according to the limitation of the Deed, and not Tenant for life by force of the livery. But if a lease be made for years, the Remainder to a stranger for life, and livery is made to the Lessee who enters, this livery shall vest the Remainder in the stranger, and if the Lessee enter by force of his lease, before livery be made unto him, than the Remainder is void.  

Condition, where an entry is reserved to a stranger, vide casus tertium prox. sequent.  A man enfeoffeth one upon condition that he shall pay ten pounds to B. and upon default that B. shall enter, now if the rent be not paid the Feoffee may enter in Law, and Conscience, and not B. for he is a stranger to the Condition, and B. hath no remedy in Conscience to have the land. And when the Feoffment is made upon Condition, although it doth not speak that for default of payment he may re-enter, yet that is implied in the word, Condition, and as to the words, that B. shall enter by default of payment, they are void words, Doctor & Student, fol. 93.  

Condition for nonpayment of rent, and then an Assize is brought or a Distress taken.  If a Condition be broken for nonpayment of rent, yet if the Feoffor bring an Assize for rent due at that time, he shall never enter for the Condition broken, because he affirmeth the rent to have continuance, and whereby waiveth the condition, and so it is if the rent had had a clause of Distress annexed unto it, if the Feoffor had distrained for the rent for nonpayment, whereof the condition was broken, he should never enter for the condition broken; but he may receive that rent, and acquit the same, and yet enter for the condition broken: 
Acceptance of rent barreth a reentry.  But if he accept a rent due at another day after, he shall not enter for the condition broken, because he thereby affirmeth the lease to have continuance, Coke Lit. fol. 211. b.  
If a man enfeoff one by Indenture, by which it is covenanted and agreed that the Feoffee shall pay to a stranger, and his Heirs ten pounds per annum at a certain day, and if he fail, that the stranger and his Heirs may enter; in that case if the Feoffee doth not pay it, the stranger shall have use of the land in conscience, and not by the common law, and shall have a Subpaena to constrain the Feoffee to make an estate unto him. But in the said case if it had been upon condition that a stranger may enter for nonpayment of the rent, there the Feoffor himself shall enter, and not the stranger, for none may enter for a condition annexed to Fee, but for lives, and when the Feoffor hath entered he is not holden to convey the land to a stranger that ought to have the Rent. Doctor & Student 100 101.  
In Mary Portingtons' case, Coke 10. pars. fol. 39 
Incidents to an estate tail.  It was observed and agreed for Law, that to an Estate-taile there are three manner of incidents, some by the common Law, some by Act of Parliament, and some by custom; by the common law, they are such which are not restrained by the Statute, and may not be restrained by any condition, 22 E. 3. 17. as Dower, and Tenant by the courtesy after issue are incident to an Estate tail, and may not be restrained by any condition. 
An Estate tail cannot be restrained by any condition, or limitation, vide Coke 9 pars. fol. 128. & 6. pars. Sir Anth. Mildmaies case. Recovery fraudulent  Also the Estate of him and Tenant in tail after possibility are dispunishable for Waste; And collateral Warranty is a bar to the Estate-taile, and so is a common recovery also, and none of these may be restrained by any condition or limitation, by the Statute law, as to make leases by the Statute of 32 H. 8. cap. 36. and to levy a Fine by the Statute 4 H. 7 cap. 24. and 33 H. 8. cap. 36. to bar Issues, and none of those which are incidents to that Statute by act of Parliament may be restrained by condition, for when a man maketh a Gift in tail, he tacire doth give these incidents thereunto: And therefore to restrain them by condition or limitation shall be repugnant.  
And as to the case upon the Statute of 11 H. 7. it was answered that when the husband for advancement of the wife, with competent Jointure and preferment of their Heirs of their two bodies engendered, hath caused an estate to be made to himself and to his wife in tail, and after the deaths of the husband, the wives to disinherit the issues of their former husbands suffer recoveries, and convey the land to strangers of the blood of the husband, such recovery was worthy by the Parliament to be noted with the mark to be suffered by Covin. And the act of the wife either when she is sole, or with her and her second husband is so odious, that a recovery had upon a good title against them by Covin is made void by the said Act.  

Fraud.  So in the said Acts of 32. H 8. and 14. Eliz. when a common recovery was had against Tenant for life to the prejudice of those who had the inheritance, that may be well termed covenous and by collusion, and yet in the same case, when tenant for life, the remainder to A. in tail, the remainder to B. in tail etc. with divers remainders over, and Tenant for life suffereth a common recovery wherein he voucheth A. and he the common vouchees that shall bind all the other remainders, for no Covin or collusion may be supposed when the next in remainder in tail, which hath the immediate inheritance, is vouchee, as it was adjudged in Jennings case.  

Fraudulent conveyances to defraud purchasers, Vide plus de hoc fo. 18.  27 E. cap. 4. every Conveyance, Grant, Charge, Lease, Estate, encumbrance and limitation of use of Lands, Tenements, or Hereditaments made since the beginning of her Majesty's Reign, or hereafter to be made for the defrauding of Purchasers of the Land itself, or any part or profit out of it, shall be void against the person so purchasing, for money or other good consideration, and against all claiming under him with penalty in the Statute of 27. Eliz. Cap. 1.  
This doth not extend to the avoiding of any grant, etc. upon good consideration, and bona fide, if any such conveyance be made with clause of revocation or alteration at his pleasure by writing, and after he shall bargain, demise, sell, grant, convey, or charge the same Lands, etc. for money or other good consideration, the conveyance not revoked or altered, than the conveyance etc. shall be void against the Barganee &c. and all claiming under them (lawful Mortages only excepted.)  
A Lease was made of a Message and Lands for years, 
A grant of land Habendum the reversion.  (if the Lessee so long should live) and afterwards the Lessor by his Deed indented, granted the Message and Land to another, to have and to hold the reversion to the grantee for life, cum per mortem sursum redditionem vel forisfacturam of the Lessee, aut aliter acciderit, reddendo inde annuity to the Grantor and his heirs, when the said reversion shall happen nine shillings and four pence per Annum. The Lessee dieth, the Grantor of the reversion distraineth for the arrearages of the rent aswell before the death of the Lessee, as afterwards, whereupon four points were clearly resolved upon by the Court.  
That by the Demise of a Message and Land for life, the reversion thereof doth pass, but by the Grant of a reversion land in possession doth not pass, Lofields' case 10. pars foe 107. Plowden. 197. 
A grant of the reversion Habendum the land.   
By the Grant of a Message and Land Habendum revertionem etc. or life after the death of the Lessee etc. that the Habendum is good, for in judgement of law, nothing but the reversion is granted by the Premises and as in Throchmertons case Plowden Coment. fo, 147. when the reversion is granted habendum the land, the habendum is adjudged good, so when the land is granted habendum the reversion, and after the death of the Lessee etc. is in consideration as much to say as to take effect, in possession after the death etc. Also the habendum had been good, although no mention had been made either of the Land or of the reversion in the habendum, for the Office of the habendum is to limit the estate of the land contained in the Premises.  
It was resolved that by the said reservation the rent shall not commence before the reversion fall in possession, and these words cum revertio predict. acciderit shall be expounded according to the intention of the parties, which was not that the Grantee for life, should pay the rent before, that he may take the profits to make the rent of them.  
That the distress was well taken for the Arrearages after the death of the Lessee, and not for the arearages incurred before.  

Statute released by matter in Law.  A statute was acknowledged the 26. of May, the Cognusee by his release Dated the 25. May, before released to the Cognusor all demands from the beginning of the world until the making thereof, and sealed and delivered the release as his Deed the 27. May following, the statute is freely discharged, for the day of the delivery is dies confectionis, but if the words had been, until the date or day of the Date of these presents then otherwise it had been, See. Dier. fo. 307.  

Defeasance of a statute misrecited, the statute becometh single.  If a Defeasance be made of a statute which is recited to be made the tenth day of May, where indeed it beareth Date the first day of May, the Defeasance is void for the Misprision of time, for the Law saith that in so much as it may be that there were two statutes, the one dated the first day and the other the tenth day, the time of the date is material, Plowden foe 393.  

Attornement needless.  A reversion granted for years, for consideration of money, doth pass without Attornement, Coke. 8 pars. fo. 941. for let the case be that there is Lessee for term of years or life rendantrent, Afterwards the lessor by Indenture for the consideration of 50 l. demiseth and granteth the Premises to another for 90. year's rendant 40 pounds per annum, although the first Lessee doth never Attorne, yet the second demise shall be good and shall pass as a Bargain executed by the statute of 27 H. 8. whereunto there needeth no Attornemnt or Enrolment of the Deed, because it is not but a term for years, and no Franktenement. And note that if a man for money do enffeoffe, Alien and grant Land to one and his heirs or in tail or for life by deed indented and enrolled, that doth amount to a bargain and sale, and the land shall pass without livery and Seisin.  

Attornement needless.  A grant of a reversion of Land, habendum the land from the end and expiration of a former Lease in being, is a good lease and needeth no attornement.  
A demise of the reversion of Land, 
Attornement needles.  habendum the reversion of the land from the end and determination of a former lease in being, is a good Lease and needeth no attornement.  
If a man make a gift in tail or a Lease for life, 
Remainder void.  the remainder to his own right heirs, this remainder is void, and he hath the reversion in him, for the Ancestor during his life beareth in his body (in the judgement of the law) all his heirs, and this appeareth in a common case, that if Land be given to a man and his heirs, all his heirs are so total in him that he may give the land to whom he will.  
So it is, if a man be seized of Lands in Fee by Indenture, make a Lease for life, 
Remainder void  the remainder to the heirs males of his own body, this is a void remainder, for the donor cannot make his own right heir a purchasor of an estate tail without departing of the whole fee-simple out of him, as if a man make a Feoffement in Fee to the use of himself for life, and then to the use of the heirs males of his body, this is a good estate tail executed in himself, and the limitation is good by way of use, because it is raised out of the estate of the Feoffees, which the Feoffor departed with, for a limitation of a use to himself had been good without question Coke Littleton, fo. 22. b.  
The King may make a Lease for years rendant rent to a stranger, and that is a good reservation, 
Conditions, Entries, and re-entries, may not be given or reserved to strangers.  and the stranger may distrain for it, or have an Action of Debt after the lease determined, and that is by reason of his prerogative which he hath above all persons, for he is not bound so strictly by the laws as others are, but in the case of a common person otherwise it is, because that no rent which is properly said to be a rent, may in any wise be reserved to a stranger which is not privy to the Lease or Deed. Also nothing which goeth in privity as conditions, entries, or re-entries, for conditions or such like which are given by the law to privies only may not be limited or granted to others, which are strangers by the common Law, and therefore if a Lease be made for years rendant rent, and upon condition of non payment that it shall remain to a stranger, and livery, and seisin is made accordingly, that is a void a remainder which commenceth upon a repugnancy precedent, and which dependeth upon a condition which goeth in destruction of the particular estate, and especially where such a remainder is created by lease or grant.  

Upon and by the limitation of a devise or limitation of an use, a remainder may commence upon a condition that goeth to the destruction of the particular estate.  But by limitation of a devise or limitation of use, such a remainder is good, as a Feoffement made to the use of I. S. for years, and upon non payment by him of such a sum that it shall remain to I. D. for life etc. this is a good remainder, so it is where the remainder is created by the limitation of a last Will. As if a man devise his land to his wife for her life, upon condition, that if she marry that the Land shall remain to F. M. in tail, that is a good remainder, for the construction of this devise is to make the same condition to be a limitation and not any condition. And upon a limitation or determination of a particular estate which is certain or not uncertain, a remainder clearly may well depend. As if a Lease be made for life upon condition that if the Lessee die it shall remain to a stranger, that is a good remainder. 
A remains by a limitation of an use may commence or depend upon any condition and one feesimple may depend upon another by way of use,  Where one hath an Office of charge as to be Steward, 
Officers, Stewards, Bailiffs etc.  Bailiff, Parker, etc. the grantor may out them and pay their Fee, if the Fee be only certain but not where they have profits of Court, 34 H. 8. titulo. 243 Kitchen foe 143 a.  

Stewardship, Parker.  It was agreed that the Owner of Park may dispark the Park, notwithstanding a grant of the said Office, the Office of Steward was granted to one for life with a Fee of forty shillings, for the execution thereof, if the Lord discharge him, yet he shall have the Fee. But if the grant be to him to be taken out of the issues and profits of the Court, the Lord may not discharge him 1 S. E. 4. 8. And if a Parker for life which hath a Fee, for the exercising of the Office is discharged of his Office, yet he shall have the Fee, for it is but an Office of charge, but if the Parker hath the Office for life and hath Windfalls, Deer-skins, and such like, he may not be expulsed from his Office, and of such Office he may have an Affize Brook 134. 38 H. 8. whereby I conceive that where the Steward hath a cetaine Fee, for execution of his Office, yet if he hath other profit incident to his Office, as Fees for entries of Plaints, making of grants by Copy, taking of surrenders and admittances of Copy tenants and such like, the Lord cannot remove the Steward.  
Officers that have no other profits, but a Collateral certain fee, there the grantor may discharge him. As to be a Bailiff, Receivor, Surveior, Auditor or the like, the exercise whereof is but labour and charge to him, but he must have his Fee for the main rule of the Law is, that no man can frustrate or derogate from his own grant to the prejuice of the Grantee. And where albeit the Grantee hath no other profit but his Fee, yet that fee is to be taken out of the profits appertaining to the Lord within his Office for there the grantor cannot discharge him of his service or attendance, for that may turn to the prejudice of the grantee, if the Grantor will not grant the Office at all but in all cases where the Officer relinquisheth his Office and refuseth to attend, he loseth his Office, Fee, profits and all.  
There are three causes of the forfeiture of an Office, as the Office of a Steward, Parker, Wood-ward, and such like (viz.) Abuser, non-user, and refuser, vide Coke. 8 pars. the County of Rutland's Case. fo. 55. 9 pars, County of Salops Case fo. 49. for in all cases when an Officer upon request doth refuse to execute his Office, that is a forfeiture as if the Steward of a Manor upon the Lords request to hold a Court, refuse to do it this is a forfeiture.  
There is another diversity where the Grantee besides his certain Fee, hath profits and avails besides his Office, there the Grantor cannot discharge him of his service or attendance, as if a man doth grant to another the Office of the steward-ship of his Court, or of his Manors with a certain fee, the Grantor cannot discharge him of his Office, service or attendance because he hath other profits and fees belonging to his Office.  

Parker.  If a Parker kill any dear without warrant, or cut any Trees, Woods, or Vnderwoods, and convert them to his own use, it is a forfeitute of his Office.  
Parker for life may not assign his Office to another, because it is an Office of trust, but otherwise it is if he be Parker in Fee, Blow. fo. 379. and so for a Steward as I conceive without words in the Patent to make a deputy.  
There is a condition in Law annexed to every Office of trust, as to the Office of Steward or Parker, and such like (viz.) that the Parker shall keep well the game and shall do all things pertaining to the Office of Parker and so for steward etc.  
A parker kept not his Park such a day by reason whereof the Deer were killed by unknown persons, this is a forfeiture of his Office.  
A Parker is not holden to keep his Park in Festival days, for he ought to be at divine service, nor in the night, nor to keep the Park with 6 or 8. men vide 2 H. 7. 8. that in Assize of Office it was said by the reporter and not denied, that if the Office of Parker be granted, if he doth not keep the Park, or if he destroy the Deer, that is a forfeiture of his Office, if a Forester or Parker cut or fall Woods, unless it be for necessary bruise for the Deer, this is a forfeiture of their Offices for the destruction of vert is the destruction of venison.  
If a man hath a lease for years, 
Grants in toto.  and grants to another all his term that shall be to come at the time of his death, that grant is void, because he would retain the term, during his life, 
If a rent be granted to one for life by deed, and willeth that the Grantee and his heirs distrain in the Lands charged for the same rent, the grantee hath in this case fee-simple in the rent, and not estate for life, for the distress is the creation of the rent-charge, and therefore the limitation and creation of the rent-charge shall enure according to the effect and limitation of the distress.  for therein he retaineth it for a term, which is as long as he hath in the Land, and therefore hath not any certainty that term will ever commence, and therefore the grant void.  
And where Lessee for years without any habendum granteth to another all his term, which shall be to come at the time of his death, shall be all void.  
A Termor reciting by Indenture his term, and lease, granted all his term estate and interest to another, habendum sibi & assign, suis immediate post mortem ipsius, the Grantor and the case was ruled and adjudged that the habendum was void, and the premises of the grant good to make the whole term to pass forthwith, Dier foe 272.  
If I have a rent in Fee, if I grant it to another and stay there, this is a grant for life, but if I go further and say habendum after the death of I. S. there all shall be void, vide. fo. 2.  
If tenant for years of land grant out of that a rent-charge to another for the life of the Grantee, the grantee shall not have a state of Franktenement, because he cannot have a stare of Franktenement derived out of a Chattel real, but he shall have the rent during all the years if the Grantee so long shall live, Plowden, foe 525.  
If I have a rent in fee and grant it to another post mortem I. S. this grant is void, for the nature of a grant is that the thing ought to pass forthwith.  
If a man make a lease for years, and afterwards the lessor grants a rend charge out of the Land, that grant shall charge the reversion. And this proveth that the Land and the reversion are nor two distinct things, but that in the reversion the Land is contained, Plowden foe 173.  
The Abbot leased land for life, and afterward leased the reversion, to have the Land from Michaelmas next after the first Lease ended by death, surrender or forfeiture for 21. years, this is a good Lease, Plowden, foe 146.  
A grant of a reversion Habendum, the said reversion after the end and expiration of the Tenant for life, 
Attornement needdes.  for sixty years, this is a good grant without Attornement.  
If I make a Lease to one for life, and afterwards I grant the reversion to another habendum, from the Feast of St. Michael next ensuing, to him, and his heirs, this grant is void, because that no franketenement be it in possession, reversion, or remainder, may be limited to commence at a day to come.  
If I have a rent in Fee, I may not grant it to commence in futuro or at a day to come; but if I have land I may grant a new rent out of it to commence at a day to come, for there I shall not have any particular estate in the mean, for it was not in esse before, but doth commence of new, and therefore I may appoint it to commence when I will.  

Pertinentiis.  A man makes a Feoffement of a house, cum pertinent. nothing passeth by these words, cum pertinentiis, but the Garden, Curtilage and close adjoining to the house, and whereupon the house is built and no other Land, though other Lands have been occupied with the house.  
A man leased a house cum pertin. no land passeth by these word, but otherwise it is where a man leaseth a house, cum omnibus terris eidem partin., there the lands therewithal used do pass.  
If a man makes a Feoffement of a house, ac omnes terras, tenementa & heriditamenta eidem messuagio pertin. aut cum eodem occupata, locata aut dimissa existent. hereby the land used with the house doth pass.  
Tenant in tail and the Lessee, shall acknowledge the Tenements to be the right of one A stranger, 
Lease by fine to bind Tenant in Taile and his issue.  and that A. shall grant and render by the same fine to the Lessee for 60. years, the remainder to the Lessor and his heirs, and it was with proclamations which shall bind the tail after proclamation made.  
If Tenant in tail make a Feoffement and a common recovery is had against the Feoffee, 
Recovery the best to bar estates tail and remainders  who voucheth tenant for tail, who voucheth over etc. there the tail shall be barred, because that he when he cometh in as vouchee, shall be in the degree of tenant in tail, and the recompense in value which he hath or may have shall go in tail, and therefore such manner of recovery is best, and the surest way to bar the tail, and all the remainders, and the reversion also.  
If A. be tenant in tail, the remainder to B. in tail, the remainder to C. in tail, the remainder to B. in Fee. A makes a Feoffement, the Feoffees suffer a common recovery wherein B. is vouched, & he over the common vouchees. In this case A. is not bound, but B. and all the remainders over are barred. For although that by the Feoffment of A. all the remainders were discontinued, and the estates that B.C.D. had converted into mere rights, and though the remainders may never be remitted before the estate tail in possession be recontinued, yet in case of a common recovery which is the common assurance of the Land, he that cometh in as vouchee shall be in judgement of Law in privity of estate which he over had, though the precedent estate whereupon the state of the vouchee dependeth be devested, or discontinued. Coke. 3 pars. fo. 60.  
Tenement is a large word, 
Tenement and Hereditament.  to pass not only lands and other inheritances which are holden, but also Officers, Rents, Commons, Profits, apprender our of lands, and the like wherein a man hath any Frankenement and whereof he is seized ut de libero tenemento, but an Hereditament is the largest word of all in that kind, for whatsoever may be inherited is an hereditant, be it corporeal or incorporeal, real or personal or mixed.  

Vesturam terrae.  If a man hath twenty Acres of Lands and by Deed granteth to another and his heirs, Vesturam terrae, and maketh Livery secundum formam chartae, the Land itself shall not pass, because he hath a particular right in the land, for thereby he shall not have the houses, timber, trees, and other real things, parcel of the inheritance, but he shall have the vesture of the Land, that is the Corn, Grasse, and Underwood, Sweepage, and the like, and shall have trespass, quare clausam fregit.  

Herbagium terrae.  If a man grant herbagium terrae, he hath a like particular right in the Land, and shall have quare clausuam fregit, but by grant thereof and Livery made, the soil shall not pass as is abovesaid.  

Herbagium Boscorum.  If a man let to B. the Herbage of his Woods and after grant all his lands in tenure possession, or occupation of B. the Woods shall pass, for B. hath a particular possession and occupation which is sufficient in this case and so it was resolved.  

Seperal. Pischar.  So if a man seized of a River, and by Deed do grant Seperal. pischar. in the same and maketh Livery and Seisin secundum for▪ chartae, neither the soil nor water doth pass, for the grantor may take water there, and if the River become dry, he may take the benefit of the soil, for there passeth to the Grantee but a particular right, and the Livery being made secundum formam chartae cannot enlarge the grant.  

Aquam suaem.  If a man grant aquam suam the soil passeth not, but the fishing within the water passeth.  

Profits of Land.  But if a man seized of Lands in fee by his deed granteth to another the profits of his Lands Habendum to him and his heirs, and maketh Livery secundum form. chartae, the whole land itself doth pass, for what is the Land but the profits thereof, for thereby Vesture, Herbage, Trees, Mines, and all whatsoever parcel of that land doth pass.  
If the Lessor by his Deed licence the Lessee for life or years (which is restrained by Condition not to alien without licence) to alien, 
Licence to alien may not be countermanded.  and the Lessor dieth before the Lessee doth alien, yet is his death no Countermand of the licence, but that he may alien, for the Licence exempteth the Lessee out of the penalty of the Condition, and it was executed on the part of the Lessor as much as might he. And so it was resolved Mich. 3 Jacobi in Communi Banco. 
Q?   
If a man make a Lease to another for two and twenty years (if the Lessee so long live) and the Lessor and Lessee join in Grant by Deed of the term to another, and after the Lessee dieth within the term, the Grantee shall enjoy the land during the residue of the term absolutely.  
A man leased a house by Indenture for years, 
Covenants.  the Lessee for him, and his Executors did covenant and grant with the Lessor to repair the house at all times necessary: The Lessee assigned it over to Hid, who suffered it to decay, the Lessor brought an Action of Covenant against the Assignee, and it was adjudged by all the Court that the Action of Covenant lieth, although the Lessor hath not covenanted for his Assigns, for such covenant that extendeth to the supportation of the thing demised, is, Quodam modo appurtenant thereunto: And in respect that the Lessee hath taken upon him to bear the charges of reparations, the yearly rent was the lesser which trencheth to the Assignee Et qui sentit commodum, sentire debet & onus, if the Lessee covenant to discharge the Lessor, De omnibus onerious ordinariis & extraordinariis, and to repair the houses, an Action lieth against the Assignee, Coke 5. pars. fol. 27.  
S. did covenant for him, his Executors, and Administrators, with the Lessor, that he, his Executors, Administrators, or Assigns, would build a Brickwall upon parcel of the land demised. S. assigned over his Term to I. and for the not making of the Brickwall, the Lessor brought an Action of Covenant against the Assignee. And thus it was agreed per totam Curiam.  
1. When the Covenant extendeth to a thing in esse, parcel of the Demise, the thing to be done by force of the Covenant, is quodammodo annexed and appendent to the thing demised, and shall remain with the Land, and shall bind the Assignee, although he be not bound by express words.  
But when the Covenant extendeth to a thing which hath no essence at the time of the Demise made, that may not be appurtenant nor annexed to the thing which hath not essence. As if Lessee covenant to repair the houses to him demised, during the term, that is parcel of the Contract, and extendeth to the supportation of the thing demised, and therefore is quodammodo annexed and appurtenant to the house, and shall bind the Assignee although he be not bound expressly by the Covenant. But in the case at the Bar, the Covenant concerned a thing which was not in esse at the time of the Demise made, but to be newly made afterward, and therefore shall bind the Covenantor, his Executors or Administrators, and not the Assignee, for the Law will not annex the Covenant to a thing which hath not essence.  
2. It was resolved that in this case, that if the Lessee had covenanted for him and his Assigns that they should make a new Wall upon any part of the thing demised, that that shall bind the Assignee, for although the Covenant extend to a thing to be newly made, yet that is to be done upon the thing demised, and the Assignee is to take the benefit thereof, and therefore shall bind the Assignee by express words. But although the Covenant be for him and his assigns, yet if the thing to be made or done be merely collateral to the land, and doth not touch or concern the thing demised, in any sort the assignee shall not be charged, as if the Lessee covenant for him and his assigns to build a house upon the land of the Lessor, which is not any parcel of the Demise, or to pay any collateral sum to the Lessor, or to a stranger that shall not bind the assignee because it is mere collateral, and no manner toucheth or concerneth the thing which was demised, or which is assigned over, and therefore in such case the assignee of the thing demised may not be charged with that more than any stranger.  
3. It was resolved that if a man demise Sheep or their stock of Cattles, or any other Goods personal for any time, and the Lessee covenant for him and his Assigns at the end of the time, to deliver such Cattles or Goods as good as the things demised were, or such price for them: And the Lessee assign the Sheep over, this Covenant shall not bind the Assignee, for that is not but a personal contract, and wanteth such privity as is between the Lessor and the Lessee, and his Assigns of the Land in respect of the reversion: But in case of a Lease of Goods personal, there is not any privity nor any reversion, but merely a thing in action in the personalty, which may not bind any but the Covenantor, his Executors or Administrators which represent him: the same Law if a man devise a Mess and Land for years, with a stock or sum of money rendant rend, and the Lessee doth covenant for him, his Executors, Administrators, and Assigns, to deliver the stock or sum of money at the end of the term, yet the Assignee shall not be charged with this Covenant, for although the rend reserved was increased in respect of the stock, or the sum, yet the rent doth not issue out of the stock or sum, but out of the land only, and therefore as to the stock or sum the Covenant is personal, and shall bind the Covenantor, his Executors and Administrators, and not his Assignee, for it may be wasted or otherwise consumed or perished by the Lessee, and therefore the Law cannot determine at the time of the Lease made, that such Covenant shall bind the Assignee.  
If a man demise or grant land to a woman for years and the Lessor covenanteth with the Lessee to repair the houses during the term, the wife taketh a husband and dieth, the husband shall have an action of Covenant, as well upon the Covenant in Law upon these words, Demise, or Grant, as upon the express Covenant: But it was resolved by Wray chief Justice and all the Court, that this word Concessi, or Demisi, in case of Franktenement, or inheritance doth not import any Warranty, see the Statute of 32 H. 8. cap. 24. what act was resolved to extend to Covenants which touch or concern the thing demised, and not to collateral Covenants.  

Demise, Grant. Dier.  Upon these words, Demise, grant, in Leases for years or lives, 9 Eliz. 257. the Lessee and his Assigns shall have a Writ of Covenant, always provided there be no special Covenant following after in such Leases, for then this general Covenant is qualified, and the former word, Demise, Grant, shall lose his operation, Coke 4 pars. Nokes case.  
And if a man be bound in an Obligation to perform all Covenants, Grants, Articles, and agreements, etc. in such Indenture, now the Lessee or his Assigns upon eviction may bring an Action upon the Obligation, by reason of the Covenant in Law which is broken, viz. Demise, Grant, Co. 4. pars.  

Assignment of Estate.  If Lessee assign over his term, the Lessor may charge the Lessee or his Assignee at his election, but if the Lessor accepteth rend of the Assignee, he hath determined his election, and shall not have an action against the Lessee afterward for rend due after the assignment, no more than if the Lord once accept the rent of the Feoffee, he shall not avow upon the Feoffor, Co. 3. pars. Walkers case.  
Proviso, that the Lessee or his Assigns shall not alien to any person without licence of the Lessor, afterward the Lessor gives licence to alien or demise the land, or any part thereof, the Lessor doth alien accordingly, this one licence hath determined the Condition, so that no alienation to be made afterwards can break the Proviso, be it done by the Lessee himself, or his Assigns, so that a dispensation with one alienation is a dispensation of all other, 4 pars. ●ol. 119.  
A Lease was made to three, upon Condition that they or any of them should not alter without the assent of the Lessor, after one aliened with his assent, than the other two aliened without licence, the Condition being determined to one by licence of the Lessor, was determined in all and so adjudged: And the case in Dyer fol. 334. was denied for Law, 4. pars. fol. 119.  
Note that a Condition may not be apportioned or divided by the acts of the parties, 4 pars. fol. 119. 
Recovery,   
Recovery against Baron and Feme by Writ of entry in the Post, where the wife is Tenant in tail, and they vouch over, and so the demandant recovereth against Baron and Feme, and they over in value, that shall bind the Tail and the Heir of the Wife. This assurance was made by the advice of Brudnell and other Justices, Quere de hoc.  
Where a Writ of entry in the Post is brought against Tenant for life to bind the Feoffees, he ought to pray aid of him in reversion, and then they to vouch upon the joinder, etc. and such a recovery with voucher is used to dock the tail in ancient Demaine upon a Writ of Right, and Vourcher ever.  
If an Obligation of 100 l. be made with condition for payment of 50 l. at a day, 
Tender.  and at the day the Obligor tenders the money, and the Obligee refuseth the same yet upon an action of debt upon the Obligation, if the Defendant plead the tender and refusal, he must also plead that he is yet ready to pay the money and tender the same in Court, but if the Plaintiff will not then receive it, but take issue upon the tender, and the same be found against him, he hath lost the money for ever.  
If a man be bound in two hundred quarters for delivery of a hundred quarters, if the Obligor tender at the day the hundred quarters, he shall not plead Uncorprist. because albeit it be parcel of the Condition, yet they be bona peritura, and it is a charge for the Obligor to keep them, and the reason wherefore in the case of the Obligation the sum mentioned in the Condition, is not lost by the tender and refusal, is not only for that it is a duty and parcel of the Obligation, and therefore is not lost by the tender and refusal, but also for that the Obligee hath remedy by Law for the same.  
But if a man make a single Bond, or knowledge a Statute, or Recognizance, and afterward make a Defeasance for the payment of a lesser sum at the day, and the Obligee or Cognisee refuse it, he shall never have any remedy by Law to recover it, because it is not parcel of the sum contained in the Obligation, Statute, or Recognizance. And in this case in pleading of the tender and refusal, the party shall not be driven to plead uncorprist, or to tender it in Court. Neither hath the Obligee or Cognusee any remedy by Law to recover the same sum contained in the Defeasance. And so it is if a man make an Obligation of a hundred pounds, with condition for delivery of Corn or Timber, etc. or for the performance of an Arbitrement, or the doing of an act that is collateral to the Obligation, that is to say, is not parcel of it, and therefore a tender and refusal is a perpetual Bar.  

Tender upon a Mortgage.  If the Condition upon a Mortgage be to pay to the Mortgagee or his Heirs the money, &c and before the day of payment the Mortgagee die, the Feoffor may not pay the money to the Executors of the Mortgagee, for in this case the money ought to be paid to the Heir, Et in hoc casu designatio unius personae est exclusio alterius, & expressum facit cessare tacitum. And the Law will never seek out a person when the parties themselves have appointed one, vide Coke 5. pars. 96. Goodales' case, Dye● 2 Eliz. fol. 181. But if the Condition be to pay the money to the Feoffor, his Heirs or Executors, than the Feoffee hath election to pay it either to the Heir or Executors  

Payment on a Mortgage  If a man make a Feoffment in Fee, upon Condition that the Feoffee shall pay to the Feoffor his Heirs or Assigns twenty pounds at such a day, and before the day the Feoffor make his Executors and dieth, the Feoffee may pay the same to the Heir or to the Executors, for they are his Assigns in Law to this intent.  
But if a man make a Feoffment in fee, upon Condition that if the Feoffor pay to the Feoffee, 
Mortgage.  his Heirs or Assigns twenty pounds before such a Feast, and before the Feast the Feoffee make his Executors and dieth, the Feoffor aught to pay the money to the Heir and not to the Executors, for the Executors in this case are no Assigns in Law, and the reason of this diversity is this, for that in the first case the Law must of necessity find out Assigns, because there cannot be any Assigns in Deed, for the Feoffor hath but a bare Condition, and no Estate in the land which he can assign over. But in the other case the Feoffee hath an estate in the land which he may assign over, and where there be Assigns in Deed, the Law shall never seek out or appoint any Assigns in Law: And albeit the Feoffee make no assignment of the state yet the Executors cannot be Assigns, because Assignees were only intended by the Condition to be Assigns of the Estate.  
But if the Condition be to pay money to the Feoffee, his Heirs or Assigns, 
Mortgage. Vide Lord Coke, 2. pars. fol. 79. 80. many excellent matters touching Conditions.  and the Feoffee make a Feoffment over, it is in the election of the Feoffor to pay the money to the first Feoffee, or to the second Feoffee, and so if the first Feoffee dieth, the Feoffor may either pay the money to the Heir of the first Feoffee, or to the second Feoffee, for the Law will not enforce the Feoffor to take notice of the second Feoffment, nor of the validity thereof but at his pleasure, and the first Feoffee and his Heirs are expressly named in the Condition, Blow. Com. 186. 288. 2 Eliz. Dyer 181. Co. 5. purse foe 96, 97. Goodales' case.  
If a man be bound in an Obligation with Condition, 
Conditions impossible. The Obligation or Feoffment good, and the Condition void, but estates shall not be enlarged by a Condition impossible.  that if the Obligor do go from the Church of Saint Peter in Westminster, to the Church of Saint Peter in Rome in three hours, that then the Obligation shall be void, the Condition is void and impossible, and the Obligation standeth good: And so it is if a Feoffment be made upon such or the like condition, the estate of the Feoffee is absolute, and the condition impossible and void.  
If a man make a Lease for life, upon condition that if the Lessee go to Rome, as is aforesaid, that then he shall have Fee, the condition precedent is impossible and void, and therefore no Feesimple can grow to the Lessee.  
If a man make a Feoffment in Fee, upon condition that the Feoffee shall reinfeoff him before such a day, and before the day the Feoffor desseise the Feoffee and hold him out by force until the day be past, the state of the Feoffee is absolute, for the Feoffor is the cause whereof the condition is impossible to be performed, and therefore shall never take advantage for non-performance thereof, and so it is if A. be bound to B. that I. S. shall marry I. N. before such a day, and before the day B. marrieth with Jane N. he shall never take advantage of the Bond, for that he himself is the mean that the condition could not be performed, and so thereby become impossible.  

Paris.  A man makes a Feoffment in Fee upon condition that the Feoffor shall within one year go to Paris about the affairs of the Feoffee, and presently after the Feoffee dieth, so that the condition is become impossible by the act of God, yet the estate of the Feoffee is become absolute, for though the condition be subsequent to the estate, yet there is a precedency before the reentry, (viz.) the performance of the condition. And so it is, if the Feoffor shall appear in such a Court the next Term, and before the day the Feoffor dieth, or Cognisor, or Obligor dieth, the Recognizance or Obligation is saved. And if a condition of a Bond etc. be impossible at the time of the making of the condition the Obligation is single. And so it is, in case of a Feoffment in Fee with condition subsequent which is impossible, the state of the Feoffee is absolute, but if the condition precedent be impossible no estate or interest shall grow thereupon.  

Conditions against the Law.  But it is commonly holden that if the condition of a Bond etc. be against the Law, that the Bond itself is void.  
But herein the Law distinguisheth between a condition against the Law for doing of any act that is malum in se, and a condition against law that concerneth not any thing that that is malum in se, but therefore is against law because it is either repugnant to the estate, or against some maxim or rule in Law, and therefore the common opinion is to be understood against Law for the doing of some Act that is malum in se; and yet therein also the Law distinguisheth: As if a man be bound upon condition that he shall kill I. S. the Bond is void, but if a man make a feoffement upon condition that the Feoffee shall kill I. S. the estate is absolute, and the condition void  
In conditions against the Law the estates be good and the conditions void unless the estate commence by the condition, and then both are void, nor shall estates be enlarged by any such condition, and if an obligation be endorsed expressly with a condition which is against the law, than the obligation and condition are both void.  
But if a man be bound upon condition wherein other conditions are  implied, and not plainly expressed in the condition, than the obligation is good and the condition void, because such things are not expressly rehearsed in the condition, and so it cannot be expressly said that the will of the Obligee was that the Obligor should keep him without damages, for such Acts to be done against the law. As if a man be bound to keep the Obligee without damages, and showeth not in what thing, for he may have damage for treason or other Felony which is implied and not expressed, and so the condition void.  
If a man make a Feoffment in Fee upon condition, 
Conditions repugnant, the condition is void, and the Bond or estate good  that he shall not Alien, this condition is repugnant and against law, and the estate of the Feoffee is absolute, but if the Feoffee be bound in a Bond that the Feoffee or his heirs shall not Alien, this is good, for he may Alien if he will forfeit his Bond.  
So it is if a man make a Feoffment in Fee, upon condition that the Feoffee shall not take the profits of the Lands, this condition is repugnant and against law, and the estate is absolute. But a Bond with condition that the Feoffee shall not take the profits is good. If a man be bound with a condition to enfeoff his wife, the condition is repugnant void and against law, because it is against a Maxim in Law, and yet the Bond is good.  

Deed's suspicions to be forged.  Yet before anno 13 H. 8. the Deed do style the King Defender of the Faith, or Supreme head before the 20. H. 8. such a Deed is a forged Deed.  
King H. 8. used not the stile of Supreme head in his Charters till 22. of his Reign, nor King of Ireland before 33. of his Reign, New Littleton foe 7.  

Age to bind man or woman.  21. years is the full age for man or woman to make good any act they do, 14. their age of discretion, and therefore that is the competent age to bind a man in matter of marriage, 12. to bind a woman, and 9 to deserve her Dower.  

Remainder.  No remainder may commence upon any repugnancy or impossibility precedent, nor upon any condition that goeth to the destruction of the particular estate, for conditions always enure in a privity, so that none shall take advantage of conditions, but those which are privies, for none shall enter for a condition broken but only the Feoffor, Donor, Lessor, or their heirs, and as none shall avoid an estate formerly made by the Breach of a condition but only the privies, so none shall take a new estate by performance of a condition but only the privies.  

General Livery, and special Livery, the difference.  A general Livery, hath two properties, first it is full of charge to the heir, for he must find an Office in every County where he hath Land, or else he cannot sue a general Livery, and he must sue out his Writ of aetate probanda.  
The second property is, it is full of danger; first it concludeth the heir for ever after to deny any tenure found in the Office. Secondly, if Livery be not sued of all and of every parcel which the King ought to have, whether it be found in the Office or not found, the Livery is void and the King may reseise the Land, and be answered of the mean profits, so it is, if the Office be insufficient, or the process whereof the Livery was made, be insufficient or the like, the King shall reseise.  
Therefore for the ease of the heir and for avoiding such danger, the heir for the most part sueth out a special Livery which containeth a beneficial pardon, and saveth the said charges and preventeth the said conclusion and other dangers, which being of grace and not of right (as the general Livery is) the King may justly take more for a special Livery then for a general, but ever with such moderation as the heir may ever go cheerfully through with it, 23 Eliz. 77.28 H. 8.  
One Mr. Shotbolt was bound in an obligation to one Hickman, and in the Obligation he was named John Shotbolt which was mistaken, but Mr. Shotbolt well perceiving his misnaming, sealed and delivered the Obligation as his Deed, and in Debt brought upon this Obligation against him by the name of William Shotbolt, alias dictus Johannes Shotbolt, he pleaded non est factum, and this special matter was found by verdict at Guildhall London, and whether he should be charged by this Obligation, and plea, that was the doubt, and the Postea was special ut supra, and by the opinion of the Justices of the Bench, the plaintiff shall not recover upon this Verdict, but it had been better for him to have brought the Action by the name of John Shotbolt, as he is named in the Obligation, and then if he appeared thereunto and pleaded ut supra, non est sactum, he should have been concluded by the Obligation v●… 3 H. 6. 34 H. 6. 5 E. 4. this matter well debated; similis casus inter Turpin & Jaxon (viz) Ann for Agraes', and she sued by her right name, nuper dicta Anna. Hillar. 18. Rotulo. 738. Dier. fo. 279.  
An obligation made beyond the Seas may be sued here in England, in what place the party will, what if it bear date Bourdeaux in France where shall it be sued and answer was made, that it may be alleged in quodam loco vocat. Bourdiaux in France, in islington in the County of Midd. and there it shall be tried, for whether there be such a place in Islington in the County of Midd. or not, is not traversable in that case, and so the varieties of opinions in our Books well reconciled, New Littleton, 361. b. 6. pars. fo. 47. Dondales case, 32 H. 6. 25. 48. E. 3. 3. 11 H. 6. 16.  

Miso.  Miso is a word of Act appropriated only to a Writ of right, so called, because both parties have put themselves upon the mere right to be tried by grand Assize or by Battle, so as that which in all other actions are called an issue, in a Writ of right in that Case is called a Mice.  

A year, how & into how many parts it is divided.  A quarter of a year is 91 days, half a year is 182 days, a year is 365 days, and to the 6. hours the Law hath no regard, Dyer's Abridgement, fo. 89. this is according to the computation in the Calendar.  
And when a Patron is to present, he hath six months to present according to the computation of the Calendar, which is 182. days before any Lapse shall accrue. But a Month according to the computation of the Law for reservation of rents and re-entries, for non payment of Rent etc. doth account 28. days to the Month and no more.  

Kings-Silver.  Note that the fine pro licencia concordandi is that which is called the Kings-Silver, or post fine.  
And if the Fine in the Hamper, which is commonly endorsed upon the writ of Covenant be 26. shillings 8. pence, than always the Kings-Silver, or post-fine is half as much more as the Fine in the Hamper.  

Suspension.  If a Lease be made of 10. Acres of Land for years, reserving rend, and after the Lessor enters in 2. Acres, the entire rent is thereby suspended, for a contract which is entire may not be apportioned, but being suspended in part it is suspended in all, & being destroyed in part is destroyed in the whole, and especially as to the Act of the Lessor, which doth suspend or extinguish it.  

Suspension.  A man gives Land in tail or leaseth it for life or years, rendant rent, with condition for default of payment to re-enter, there if the Lessee lease part of the Land to the Donor or Lessor; or if the Donor or Lessor enter in part of the land, he may not re-enter for rend behind after, for the condition is suspended in all, and a condition may not be apportioned nor divided, B. extinguishment, 49. conditions 193. 
Suspension.   
If a Lease be made for year's rendantrent upon condition of non payment, by such entry of the lessor into parcel of the land leased, the condition is suspended in all. And if the Lessor after such entry make an alienation of this parcel to a stranger, the condition is thereby destroyed and extinct in all; for the condition which is a thing entire may not be apportioned by the act of him which is to take a veil thereof. But by the act of the Law or by the Act of him which is charged with the condition, the condition may in some special cases be apportioned.  
An Obligation is made, solvendum numquam this solvendum is void, and the thing presently due, 21 E. 4. 36. 
Obligation.   
A. is bound to B. solvendum eidem A. this is a good obligation and the solvendum is void, for the plaintiff may declare upon a solvendum to himself, 4 E 4. 29.  
An annuity granted pro concilio impendendo, or a Feoffment, ad erudiendum filium, or ad solvendum ten shillings, is a condition without words conditional, 
Condition.  otherwise the party hath no remedy.  
If the Lessor enter upon his Lessee for term of years, and make a Feoffment in Fee with Livery, the rent is suspended for ever, 
Suspension of rent. Reentry upon such as fail to pay their Rent at the day.  although the Lessee re-enter, for it is a tortuous entry.  
And if it happen, etc. That then and from thenceforth this present Demise and grant (only in respect and having regard to the state and interest demised or granted, or hereby mentioned or intended to be demised or granted to the said A.B. C. and D. and every of them which shall make default of payment of the said yearly rent, in such manner and form as is aforesaid aforesaid to be utterly void and of none effect, and that then and from thenceforth at all times, then after it shall and may be lawful to and for the said Lessor, his heirs and Assigns into the said Messages or tenement, Lands, Tenements, Hereditaments, and Premises, with their and every of their appertenances, only in respect and having regard to the estate and interest demised and granted, or hereby mentioned etc. to such of the said A. B. C. D. as shall make default of payment of the said rend aforesaid, in manner and form aforesaid wholly to re-enter, and the same to have again and repossess as in his or their former estate, and every such of the said A. B. C. D. as shall make default of payment of the yearly rent aforesaid, in manner and form aforesaid utterly to expel, a move and put out, any thing in these present Indentures to the contrary thereof contained, in any wise notwithstanding.  

Tithes.  To the Parson belongeth of common right, the tenths of all manner of yearly increase which we call Dimes or Tithes, and therefore by a Lease of Rectoria, the Lessee shall have the Dimes and Offerings of the same Church, for they are incident unto it, 15 H. 7. 8 Fitz. Na. Br. 175.  
And if a Parson demise his Gleeb to any man, he shall pay tithe because they are of common right.  

Heir  This word (Heirs) in the plural number is worthy observation, for if a man give Lands to one and to his heir in the singular number, he hath but an estate for life, for his heir cannot take a Fee-simple by descent, because he is but one, and therefore in that case his heir shall take nothing, and observable is this conjunctive (Et.) for if a man give lands to one to have to him or his heirs, he hath but an estate for life, for the incertainty (ses suis) If a man give Lands to two, to have and to hold to them, & heredibus, omitting suis, they have but an estate for life for the incertainty. But it is said if land be given to a man & heredibus omitting suis a Fee-simple passeth. But follow Littleton. Coke Litt. foe 8. b.  
Such unity which is within the Branch of the said Act, aught to have four qualities, 
Tithes. What unity is sufficient within the Statute of 31 H. 8. to discharge the Land of Tithe.  first the unity ought to justa, and rightful, and not by wrong; secondly it ought to be equal, that is in Fee, one with the other, for if the Abbots, Priors, etc. have holden by Lease, time out of memory, that is no unity within the statute; thirdly it ought to be perpetual, time out of memory etc. and fourthly it ought to be free from payment of any tithes, for if their Farmours at will for years etc. have paid tithes unto them, the unity perpetual shall not serve, Coke. 11. pars. fol. 9 Pruddy and Nappars' Case.  
An Abbot is Parson imparsonee, and hath Lands within the same Pasonage, and all cometh to the King by suppression, and the King grants the personage to one, and the land to another, this was argued upon demurrer in the King's Bench, and the opinion of the Justices there was, that Tithes should not be paid more now then the Abbey paid before the suppression.  
The King shall not pay Tithes for Lands which are in his hands, although the levitical Law saith, that every one shall pay Tithes, ut dicitur.  
No Tithes shall be paid for Sea-coles which a man finds and diggeth in his Land for, it is not yearly profit, ut accidit in W. C. and Master Leech, Fitz. Na. Br. 53. and Register 54.  
Note that by the Statute of 27. Eliz. cap. 1. it is ordained vacua.  
Henry the second granted unto the Abbot of York the tenth of all his Venison in York shire by his Charter. By this it appeareth that for Wild Beasts there was no Tithe due, for than might not the King have granted another man's Tithe etc. Itner. Pickering, foe 170. b.  
The Prior of Lancaster did claim the Tithe of Venison, and the Tithe of pawnage (viz.) decimam bestiam in carne & corio, per manus ministrorum de sorresta, and the tenth penny of the pawnage, when the pawnage of the Forest was collected, and he made his by virtue of a grant made by the Lord of the Forest unto one of his Predecessors, and his claim was allowed of for good. Itin. Lanc. anno. 10. Ed. 3. fo. 64. b. c.  
No prohibition lieth where a Parson demandeth Tithes of Horne-beam, Sallows, Hasells, Maples, and such like, although they be of the Age of 40. years, for they will not serve to build, otherwise it is of Oaks, Ashes, Elms, and such like, and also of their bows which are above the age of twenty years, Coment. Plowden. fo. 470.  
It was never seen that any Tithes should be paid of great trees, because they are parcel of the inheritance, and this is proved by the Statute of 45. E 3. Cap. 3. in that such case a prohibition lieth.  
If Timber Trees have been usually lopped, Tithes shall not be paid for them, for as the Law privilegeth the body of the Tree being parcel of the inheritance, so doth it privilege the Branches also, so if a man cut his timber trees, Tithes shall not be paid for the boughs or sprouts which are going out of the roots or stowles, in respect that the root is parcel of the inheritance, so if a timber tree become arda, sicca, & non portans folia, nec fructus in aestate, nec existens macorin. and the owner cut him, no Tithes shall be paid thereof in respect of the inheritance which was once in him, so for the bark of Oakes being timber, no tithes shall be paid, but for Acorns tithe shall be paid because that groweth yearly.  

Inheritance doth pass without livery and seisin by a grant.  If I grant all my Trees within the Manor of G. to one and his heirs, the Grantee shall have inheritance in them without any Livery and Seisin, Coke barrington's case S. pars foe 137. And so if I grant to you my Trees in my Wood, you may come with Wanes or Carts over my Land to carry them, Coke 11. pars. fo. 53.  

Usury.  Clayton requested Reynolds to lend him 30. l. and upon communication between them, Reynolds lent Claton 30. pound the sixth day of December, 34 Eliz. unto the second of June next following, to pay unto him for the principal and Loan thereof 33 l. upon the said second of June, if the son of Reynolds were then alive, and if he died before the day, that then he should pay unto him twenty seven pounds which was 3 l. under the principals this is by the resolution of the whole Court, was usery within the letter of the Statute. Coke. 5. pars foe 70.  
It was agreed between T. W. and A. G that A. 
Boortons' case Coke. 5. pars. fo. 69.  should lend to T. W. 100 l. and that the said T. W. should grant to the said A. and his heirs a rent, which was in esse of 20 l. upon a condition, that the said A. should lend to the said T. W. 100 l. as aforesaid. And that the said T. should grant to the said A. and his heirs the rent of 20 l. upon this condition, that if the said T. should pay to the said A. 100 l s. the 17. of July 1580. (which was a full year before the contract made) that then the rent should cease, and hereupon the money was received, and the rend granted accordingly. This was not within the statute of usury, because nothing was to be paid by T. W. the Grantor within a year and a quarter after the Grant made, for within the 17. day of july 1579. and Christmas 1580. (at which time a distress was taken for the rent) no rent was limited to be paid, and if the Grantor had paid the 100 l. the 17. of July 1580. the rent had ceased without paying any thing for the same 100 l. So the whole Court adjudged that it was a plain bargain, and conditional purchase of such a rent, and no usery. But it was resolved by the Court that if it had been agreed between the Grantor and the Grantee, that notwithstanding such power of redemption that the 100 pounds should not have been paid at the day, and that the clause of redemption was inserted to make an evasion out of the Statute, than it had been an usurious bargain and contract within the Statute. Coke 3. pars fo. 69.  
Where a man for 100 l. selleth his land, upon condition, that if the Vendor or his heir repay the sum citra festum Pasch. or such like, than next coming, that then he may re-enter, that is not usury, for he may repay it the morrow after, or at any time before Pasc●…. And therefore he hath not any gain certain to receive any profit of the land. And likewise where any Defeasance or Statute is made for the repayment citra tale festum. But it is otherwise, if the condition be, that if the said Vendor repay such a day, such a year, or two years after, this is usury, for he is sure to have the Land and the rents, land or profits that year or these two years. And so when a Defeasance or Statute is made for the repayment at such a feast which is a year or two years after, B. Usury 1.  
If a man mortgage his Land upon Defeasance of repayment to re-enter, by which Indenture the Vendee leaseth the same land to the Vendor for years rendant rent there, if there be a condition in the Lease, that if the Vendor repay the same before such a day that then the lease shall be void, that is not usury. But otherwise it is, if he be to pay it such a day certain or such a year or more after, B. usury, 2. 32 H. 8.  

Inheritances lineal and collateral.  Lands purchased may go to the heirs both of the part of the father and mother of the Purchasor, unless it be once attached in the heir of the part of the Father, for the heir of the part of the Mother shall never have it, because they are not of blood to him that was last seized.  
But Lands descended goeth only to the heir of that part from whence it descends, as if from the Father who did purchase it, than it may go to the heirs of the part of the mother of the same father, but not to the heirs of the part of the son's mother, for though they be of blood to the son that was last seized, yet they are not of blood to the father which was the first purchasor.  
And if a man Purchase Lands in Fee-simple, and die without issue, he which is next Cousin collateral of the whole blood, how far soever he be from him in degree may inherit and have the Land as heir to him.  
These words do intent that where a man doth purchase lands and dieth without issue, and having neither brother nor sister, than his next Cousin collateral shall inherit. So as there is implied a division of Heirs (viz) lineal (who shall ever first inherit, and collateral who are to inherit in default of lineal) for in descent it is a Maxim in Law, Quod linea recta semper praefertur transversali Lineal descent is conveyed downward in a right line, as from the Grandfather to the Father, from the Father to the Son, and so downward, collateral descent is derived from the side of the lineal, as Granfathers' Brother, Father's Brother, etc.  
Upon this word (Next) I put this case, One hath issue two Sons, A. and B. and dieth, B. hath two Sons C. and D. and dieth, C. the eldest Son hath issue, and dieth. A. purchaseth lands in Fee-simple, and dieth without issue, D. is his next Cousin, and yet shall not inherit, but the issue of C. for he that is inheritable is accounted in Law next of blood. And therefore here is understood a division of next (viz.) next jure representationis, and next jure propinquitatis, that is by right of representation, and by right of propinquity. And Littleton meaneth of the right of representation, for legally in course of descent he is next of blood inheritable: And the issue of C. doth represent the person of C. and if C. had lived, he had been legally next of blood. And whensoever the Father if he had lived should have inherited, his lineal heir by right of representation, shall inherit before any other, though a Mother be jure propinquitati●…, nearer of blood.  
But if there be Father and Son, and the Father hath a brother that is Uncle to the Son, and the Son purchase lands in fee, and die without issue, living the Father, the Uncle shall have the lands as heir to the Son, and not the Father, yet the Father is nearer of blood; because it is a Maxim in Law, that inheritance may lineally descend, but not ascend, yet if the Son in this case die without issue, and the Uncle enter into the land as heir to the Son, and after the Uncle dieth without issue (living the Father) the Father shall have the land as heir to the Uncle, and not as heir to his Son, for that he cometh to the land by collateral descent, and not by lineal ascent, and his Uncle enter into the land: for if the Uncle in this case doth not enter into the land, then cannot the Father inherit the land; for there is another Maxim in Law herein implied, That a man that claimeth as heir in Fee-simple to any man by descent, must make himself heir to him that was last seized of the actual Freehold and inheritance. And if the Uncle in this case doth not enter, than had he but a Freehold in Law, and no actual Freehold, but the last that was seized of the actual Freehold, was the Son to whom the Father cannot make himself heir. And therefore Littleton saith, And his Uncle enter into the land (as he ought) by the Law to make the Father to inherit as heir to the Uncle.  
Note, that true it is, that the Uncle in this case is heir but not absolutely heir, for if after the descent to him the Father hath issue a Son or a Daughter, that issue shall enter upon the Uncle. And so it is if a man hath issue a Son and a Daughter, the Son purchaseth land in fee, and dieth without issue, the Daughter shall inherit the land, but if the Father hath afterward issue a Son, this Son shall enter into the land as heir to his brother, and if he hath issue a Daughter and no Son, she shall be Copartner with her Sister.  
As he ought by the Law. These words as a Key do open the secrets of the Law; for hereupon it is concluded, that where the Uncle cannot get an actual possession, by entry or otherwise there the Father in this case cannot inherit. And therefore if an Advowson be granted to the Son and his Heirs, and the Son die, and this descend to the Uncle, and he die before he doth or can present to the Church, the Father shall not inherit, because he should make himself heir to the Son, which he cannot do. And so of a rent and the like: But if the Uncle had presented to the Church, or had Seisin of the rent, there the Father should have inherited. For Littleton putteth his case of an entry into land: But for an example, if the Son make a Lease for life and die without issue, and the Reversion descend to the Uncle, and he die, the Reversion shall not descend to the Father, because in that case he must make himself heir to the Son.  
If the Father make a Lease for years, and the Lessee entereth, and the Father dieth, the eldest Son dieth before entry, or receipt of the rent, the younger Son of the half blood shall not inherit, but the Sister, because the possession of the Lessee for years is the possession of the eldest Son, so as he is actually seized of the Franktenement and the Inheritance, and consequently the Sister of the whole blood is to be heir. And so if lands be holden by Knight's service, and the eldest Son is within age, and the Guardian entereth into the lands. An so likewise if Guardian in Socage enters.  
But in the case aforesaid, if the Father make a lease for life, or a gift in tail, and dieth, and the eldest Son dieth in the life of Tenant for life, etc. the younger brother of the half blood shall inherit, because the Tenant for life or Tenant in tail is seized of the Freehold, and the eldest Son had nothing but a Reversion expectant upon the Freehold, and therefore the youngest Son shall inherit the land as Heir to his Father, who was last seized of the actual Freehold. And albeit a rent had been reserved on the estate for life, and the eldest Son had received the rent, and died, yet it is holden by that the younger brother shall inherit, because the seisin of the rent is no actual seisin of the Freehold of the land: but Liber Ass. part. 2. seemeth to the contrary. Ideo quaere.  
He that claimeth Lands, Tenements, 
Maxim upon collateral descent.  or Hereditaments, as collateral heir to any one, must claim from such an one that had an actual possessession, and died actually seized of the Franktenement, and the inheritance in Fee-simple of those lands which he so claimeth by descent, and not from such a one who had but a possession in Law, or a reversion in Fees. expectant on a Franktenement discendible unto him. But to the lineal heir it sufficeth that the Ancestor should have been heir if he had lived: But if such a collateral heir claim from a collateral Ancestor that had a possession in Law by his own purchase or reversion in Fee-simple expectant on a Franktenement by his own purchase, it is sufficient.  

Actual possession.  Note, that an actual possession must be gained either by a man's own act, or by the actual possession of another, but if neither by his own act, nor by the possession of another, he doth gain no more than descendeth unto him, than the brother of the half blood shall inherit.  

Possessio quid.  And this word, Possessio is no other but pedis positio, and extendeth only to things whereof a man by his entry or other act may gain an actual possession, for when the eldest Son hath not an actual possession, or if it be such inheritance whereof any possession may not be gained per pedis positionem, or by any other act, than the inheritance by the Law shall descend to the brother of the half blood. As for example.  
The King by his Letters Patents createth a Baron, and giveth the Dignity to him and his Heirs, and he hath issue a Son and a Daughter by one venture, and a Son by another venture, and dieth, the eldest Son dieth without issue: To whom shall the dignity descend? To the younger Son, for it may not be said that the elder son was in possession of the dignity, no more then of his blood, for the dignity is inherent to his blood, and neither by his own act, nor by the act of another hath he gained more actual possession then by the Law descended to him, Coke 3. pars. fol. 42.  

Actual possession, quid. Possession in Law, quid. Here's jure proprietatis & heres jure representationis  An actual possession is when a man entereth in Deed into lands to him descended.  
A possession in Law, is when lands be descended to a man, and he hath not yet really entered into them, nor hath seisin of the rends reserved upon any estate made for life, by him from whom he claimeth.  
Every one that is heir unto another, is as the eldest Son shall inherit only before all his brothers, Aut heres jure representationis, as where the eldest Son dieth in the life of his Father, his issue shall inherit before the youngest Son; for although the youngest Son be magis propinquus, yet jure representationis, the issue of the eldest Son shall inherit, for he doth represent the person of his Father.  
And even as none may be procreate but of one Father and one Mother, and aught to have in him two bloods (viz.) the blood of his Father, and the blood of his Mother, those two bloods commix in him by lawful marriage, doth constitute and make him heir. So none may be heir to any one, unless he hath in him both the bloods of him to whom he shall make himself heir: And therefore the heir of the half blood shall not inherit, because he wanteth one of the bloods that should make him inheritable, for as in this case the blood of the Father and the blood of the Mother make but one blood inheritable, and both are necessary to the procreation of an heir, therefore desiciente uno, non potest esse haeres: And this is the reason of the Maxim of Possessio fratris de feodi simplex, facis sororem esse haeredem, Co. 3. pars. Ratcliffs case, fo. 37.  
If a man be attainted of felony by judgement, the heirs begotten after the attainder are foreclosed from all manner of hereditary Succession, as well on the part of the Mother, as on the part of the Father. And Britton gave this reason, because the Son procreate after the judgement, had not two bloods inheritable in him, for at the time of his birth, the blood of his Father was corrupt, for ex leproso parente leprosus generatur filius. And when the Father is attainted of felony, the blood in respect of what it shall be inheritable, being corrupt, the Son (as like to it) hath not but half blood, (viz.) the blood of the Mother in him without corruption: And therefore he holdeth that such a Son shall not inherit his Mother.  
And with him Bracton accordeth, for saith he, Non valebit felonis generatio, nec ad hereditatem paternam vel maternam, si autem ante feloniam generationem fecerit, talis generatio succedit in hereditatem patris, a quo non fuit felonia perpetrata. Because that at the time of his birth, he had two lawful bloods commixed in him, which may not be corrupt by attainder subsequent, but only as to that Father, or that Mother, by whom the Felony was done and committed.  

Assize.  To arraign an Assize is to cause the Demandant to be called to make the plaint, and to set the cause in such order as the Tenant may be enforced to answer thereunto, and is derived of the French word Arrayner, to order, or set in right place, and the Assize is Arraigned in French, and entered in Latin.  

Executed, and things executory, a difference.  There is a diversity between Inheritances executed and Inheritances executory. As Lands executed by Livery, &c. cannot by Indentures of Defeasance be defeated afterwards.  
And so if a Disseisee release to a Disseisor, it cannot be defeated by Indenturs of Defeasance made afterward, but at the time of the Release or Feoffment, etc. the same may be defeated by Indentures of Defeasance, for it is a Maxim in Law, Quae in continenti fiunt in esse videntur. But Rents, Annuities, Conditions, Warranties, and such like, that be inheritances executory may be defeated by Defeasance made either at that time, or at any time after: And so the Law is of Statutes, Recognizances, Obligations, and other things executory.  

Distress for a mercement.  He that distraineth for an Amercement, and such like, must be sure to distrain the Goods and Chattels of him that is amerced, because he may not distrain another man's beasts for this amercement. But for rent or services it is otherwise; for the party may distrain the beasts found in the land that are levant and couchant there, N. B. fol. 100 B.  

Distress, Damage-feasant.  And if a man take beasts for Damage-feasant, and the other offer sufficient amends, & he refuse, etc. Now if he sue a Replevin, etc. for the beasts, he shall recover Damages only for the Detinue of them, and not for the taking, for that was lawful, F.N.B. 69.  
The Lord may seize a Herriot service aswell as a Herriot custom, 
Herriot service & Herriot custom may be seized. Warde.  and so it was then adjudged by the whole Court, Blow. fo. 96. Replevin. Woodland versus Mantle.  
It was resolved that when the King maketh an heir apparent which in age of a Tenent by Knight's service a Kt in the life of his ancestor, & after the ancestor dieth the said heir within age, in this case he shall be out of ward and shall pay no value of his marriage, nor the Lord shall have the custody of the Land, for in such ease by the making of him Knight in the life of his Ancestor, he is made as of full age, so that when his Ancestor dieth, no interest either in the body or in the land ever vesteth in the Lord.  
It was also resolved that when the heir within age is made Knight after tender made to him, although that he within age marry else where, yet he shall not pay the forfeiture of marriage Cok. 6. pars. fo. 73. Sir Drue Druries' case.  
If an infant in the life of his father be made Knight, and his Father die he shall be in Ward, but otherwise it is where an infant in Ward is made Knight, there he shall be out of Ward, 2. E 6. tit. Guard 42. Magna Char. Cap. 3.  
Touching the time of the beginning of a Lease for years it is to be observed, 
Commencement of a lease Inclusive & exclusive.  that if a Lease be made by indenture bearing Date the 26. of May etc. to have and to hold for 21. years from the Date or from the day of the Date, it shall begin the 27. day of May.  
If a Lease bear Date the 26. of May. etc. to have and to hold from the making hereof or from henceforth or from the sealing and delivery hereof, it shall begin on the day in which it is delivered, for the words of the indenture are not of any effect till the delivery, and thereby from the making or from henceforth take their effect.  
But if it be a die confectionis, or a die datus, or a datu, than it shall begin the next day after the delivery,  
If the habendum be for the term of twenty one years, without mentioning when it shall begin, it shall begin from the delivery, for there the words take effect as is aforesaid.  
If an Indenture of Lease bear Date which is void, or impossible, as the 30. day of February, or the 40. of March, if in this case the term be limited to begin from the date, it shall begin from the delivery as if there had been no date at all.  
And so it is, if a man by his indenture of lease either recite a Lease which is not, or is void, or recite a Lease amiss in point material which is in esse, to have from the ending of the former Lease, this Lease shall begin in course of time from the delivery thereof, Coke. 5. pars. fo. 1 12. Eliz. Dier. fo. 286. 14. El. Dier. 307. 5. Eliz. Dier foe 218.  

Re-enter and take the profits until etc.  If a man make a lease for years, reserving a rent, with condition that if the rent be behind, that the Lessor shall re-enter, and take the profits until thereof he be satisfied, there the profits thereof shall be accounted as parcel of the satisfaction, and during the time that he so taketh the profits he shall not have an action of debt for the rent, for the satisfaction whereof he taketh the profits, but if the condition be that he shall take the profits until the Feoffor be satisfied or paid off the rent, without saying (thereof, or to the like effect) there the profits shall not be accounted in part of the satisfaction, but to hasten the Lessee to pay it, New Littleton foe 203. 30 E. 3. 7. 27 H. 8. 4. 43 E. 3. 21.  

Livery & Seisin Tantamount.  Of free hold, and inheritances, some be corporeal, as Houses, Lands, etc. these are to pass by Livery and Seisin, by Deed, or without Deed; some be incorporeal, as Advowsons', Rents, Commons, Estovers, etc. these cannot pass without Deed, but yet without any Livery. And the Law hath provided the Deed instead of a Livery, and so it is if a man make a Lease, and by Deed grant the reversion in Fee, here the  with the Attornment of the Lessee by the Deed doth pass which is in lieu of the Livery.  
To say that money is fallen, 
Actions on the case.  that he hath gone about to get poison to kill the child that such a woman goeth with, that a man did lie in wait to rob one, or procured another, or agreed with another to murder him, or sought his life for his land, to call a Merchant bankrupt, (but not to call a Gent. etc. bankrupt is not actionable) to call an Attorney Ambidexter or or to say that he dealeth corruptly. But words of choler and heat, as to call one cousiner, crafty-knave, common Extortioner, Drunker, Witch, Rogue, Pillory-Knave, Villain, (unless he say Villain to such a man, or regardant to such a Manor) are not actionable.  
But if the speaker be able to justify the words, for than it is not falsely. As to call a man perjured, by reason of a perjury commited in the Star-chamber, Murderer, Thief, or such like, upon a conviction too, but to call one Thief or Murderer, upon an indictment or common fame is actionable.  
If one having another man's goods, convert them to his own use, if a Smith cloy my horse, these are actionable, but not if he take him to cure, (without warranting of him) and doing all he can, yet the Horse impair.  
If being committed to the Goal, the Jailor of malice put upon me two many Irons, or otherwise use me so hardly that I become lame thereby, this is actionable, Sir Hen. Finch fo. 186.  
A grant by an Infant under the age of twenty one years, 
A grant.  one out of his right mind whom we call non sanae memoriae, or non compos mentis, or one compelled to do an act, either by duress of imprisonment, or fear of some bodily hurt threatened to himself (but not to his Father, mother, Brother, &c) as loss of life and member, or though it be but of imprisonment, for imprisonment is a corporeal pain, and one may be imprisoned that he die of it, otherwise of menace to break or burn down ones house, for that is but the loss of ones goods, is avoidable and may be avoided at any time by entry, action etc. if they deliver it with their hand as in a grant of a rent, advowson &c, or a Feoffment by letters of Attorney, it is merely void and nothing at all passeth.  
So if a grant made by one which hath no understanding, as if he be borne Dumb, Deaf, and blind, but one Dumb may make a good grant, or borne dumb and deaf, for divers may have understanding by their sight only though dumb and deaf.  
If an infant bargain for his necessary meat, drink and apparel etc. it shall bind him.  
Other Grants of his where himself hath likewise benefit, we call it quid pro quo, are only voidable and not void, as if he let lands for years reserving a rend Sir H. Finch fo. 102.  

Pretended right.  None shall buy, sell, or get, or take promise, or grant to have any pretended rights or titles to lands etc. except the seller, or these (by whom he claimeth) were in possession, or took the profits by the space of a year next before upon pain that the cellar etc. shall forfeit the value of the land, and likewise the buyer knowing the same, provided he that is in lawful possession by taking the yearly profits may buy etc. another's pretended right, 32 H. 8. ca 9  

Tole in market.  The seller shall not pay Toll, but the buyer, neither shall a man pay Toll for the things he bringeth to the Fair, but for the things he selleth, but by the custom he may for every thing brought to the fair, and for his standing also, Finch foe 166.  
If the Parson of a Church purchase a Manor within his Parish, now by this purchase and unity of possession, the Manor which was titheable before is now made non decimabilis, because he cannot pay tithes to himself, but if the Parson make a Lease of his Parsonage, and Rectory to a stranger, now the Parson himself shall pay Tithes of his Manor to the Lessee of the Rectory, and if the parson make a Feoffment of the Manor, the Feoffee shall pay Tithes to the Feoffor Parson, because that Tithes may not be extinct by any unity of possession, as rent-charge may which is issuing out of Lands, but tithes are due by the Law of God, ex debito, by the manurance and tillage of the occupier in whose hands soever the land cometh, if it be not in the hands of the Parson himself. And all this matter was agreed by the Justices and Sergeants, but they were in several opinions, if the Parson Lease parcel of Gleeb Lands for years or life reserving a rent, whether the Lessee shall pay tithes or not, Quere, Dier foe 44.  
If a man levy a fine of land in ancient demaine at the common law to another, 
Ancient demain deceit.  now the Lord of ancient demaine shall have a writ of deceit against him that levied the fine, and him that is tenant, and thereby he shall reverse the Fine, and there he which hath given the Land shall be restored to his possessions and title which he had given by the Fine, because that the Fine and gift thereby is utterly defeated. But if he that levied the Fine had after the Fine released to him which had the possession by the Fine by his deed, or confirmed his estate by his deed in the land, than it seemeth that he to whom such release or confirmation is made, shall retain and have the Land, notwithstanding the Fine be reversed, because that this release or confirmation made to him being in possession maketh his estate firm, and rightful against him and his heirs which released or confirmed, Na. Bre. foe. 98. A. Pace regis & reginae fo. 68  
Terminus, 
Terminus annorum & tempus annorum.  in the understanding of the Law doth not only signify the limits and limitation of time, but also the estate and interest that passeth for that time, as if a man make a lease for twenty one years, and after make a lease to begin a fine, & expiratione predicti termini 21. annor. dinnisor. and after the first Lease is surrendered the second lease shall commence presently, but if it had been to begin post finem & expirationem predict. 21. annorum, in that case although the first term had been surrendered, yet the second lease shall not begin till after the 21. years be ended, by effluction of time; And so note, that diversity between the term of 21. years, and 21. year's Coke. 1 a pars fo. 154.  
If A. make a lease to B. for ten years, and covenant that if B. pay 100 l. to A. infra dictos decem annos, that B. shall have Fee, if B. surrender his term to A. and after pay the 100 l. within the 10 years, he shall have Fee, but otherwise it is where it is covenanted, that if he pay a 100 l. infra terminum praedictorum decem annorum, folio eodem.  

Tripartite Indentures.  In witness whereof &c. the parties above named to these present Indentures Tripartite, interchangeably have set their hands and seals, dated the day and year above written.  
In Witness whereof all the said parties have to every part of these presents set their Hands and Seals the day and year first above written.  
IN witness whereof to the first part of these Indentures remaining with the said Sir Jo. Tracy, Sir Will. Coke, and Sir Thomas Eastcourt, the said Sir H. Poole hath set his Seal.  

1. Sir H. Poole.  
2. Sir Jo. Tracy.  
Sir Will. Cook.  
Sir Thomas Eastcourte.   
And to the second part of the said Indentures, remaining with the said William Gyves, john Bridgman, and Fr. Marsh, the said Sir H Poole, Sir Jo. Tracy, Sir Wil Cook, and Sir Thomas Eastcourt, have set their Seals.  

3. Will. Gyves.  
Io. Bridgeman.  
Fra. Marsh.   
And to the third part of these indentures, remaining with the said, Sir. H. Poole, the said Sir Jo. Tracy, Sir Wil Cook, Sir Thomas Eastcourt, Wil Gyves, John Bridgeman and Fra. Marsh have set their seals, even the day and year first above written.  
To the first part of these Indentures remaining with the said H. Poole, the said William Bridges, Tho. Nichoas, William Freame, Giles Bridges and Jeffrey Bath have set their Seals.  

1. Henry Poole.  
2. Will. Bridges.  
Tho. Nicholas.  
Will. Freame.   
To the second part of these presents remaining with the said Wil Bridges, Tho. Nicholas, and Wil Freame the said Hen. Poole, Gi. Bridges, and Jeff. , have set their Seals.  

3. Gi. Bridges.  
Jeffery .   
And to the third part of these presents remaining with the said G. Bridges. and Jeffery Bath. the said Hen. Poole, W. Bridges Thomas Nicholas and Will. Freame, have set their Seals.  
TO one part of this Indenture remaining with the said Sir Hen. Poole the said Dorothy unton, and Geo. Shierley, have set their Seals.  

1. Dorothy Vnton.  
2. George Shierly.  
3. Sir Hen. Poole.   
To another part remaining with the said Geo. Shirley the said Dorothy unton and sir H. Poole, have set their Seals.  
To another part remaining with the said Dorothy Unton the said Sir Hen. Poole and Geo. Shierley have set their Seals.  
TO one part of these Indentures remaining with the said Geo. Raleigh, the said Gab. Pountney and Edw. Raleigh, Tho. Spencer, and Edward Essex, have set their Seals.  
And to one other part remainder with the said Gab. Pountney, and Edward Raleigh, the said Geo. Raleigh, Thomas Spencer, and Edward Essex, have set their Seals.  
And to one other part remainder with the said Tho. Spencer, and Edward Essex, the said Geo. Raleigh, Gab. Pountney, and Edw. Raleigh have set their Seals.  

1. Geo. Raleigh.  
2. Gab. Pountney.  
Edward Raleigh.  
3. Tho. Spencer.  
Edward Essex.   
TO the first part remaining with the said Fran. Shirley, the said Jo. Shirley and Jane, Ralph Shirley, Robert Brooksbey, Jo. Brooke, William Vnderhill have set their Seals.  
To the second part remaining with John Shirley and Jane, the said Fra. Ralph. Jo. Brook, Robert, and Will. Underhill have set their Seals.  

1. Fran. Shierly.  
Ralph Shierley.  
2. Jo. Shirley.  
Jane Shirley.  
3. Rob. Brookesby.  
John Brooke.  
Wil Vnderhill   
To the third part remainder with Rob. Brookesby, Jo. Brooke and William Vnderhill, the said Fra. Jo. Jane and Ralph, have set their Seals.  

Livery void.  Tenant for term of life makes a Lease for years, & then granted tenemenia predicta to C. to have from Michaelmas next ensuing for life, after the said feast of Michaelmas, tenant for years attorned, this grant to C. is void, for a grant of a Franktenement may not commence in futuro, and the grant being void at the beginning, the attornment after shall not make the Franktenement to pass, for every franktenement ought forthwith either to commence in possession, reversion or remainder. And when a man makes a Lease for life to commence at a day to come, he may not make present Livery to a future estate, ideo nothing passeth, secunda pars, L. Coke fo. 35.  
But if a man make an estate for life to commence at Michaelmas next, and then the Lessor himself after Michaelmas execute livery to the Lessee, the estate is made good only by the Livery, but if the Livery be so made by warrant of Attorney of the Lessor, than the livery, and the Lease are both void.  
If Tenant at will sow the Crop, set Roots, 
Emblements who shall have them.  sow Hemp or Flax, or any other annual profit, if after the same be planted, the Lessor out the Lessee, or if the Lessee dieth, yet he or his executors shall have the years Crop, and this rule holdeth to every particular tenant that hath an estate in certain, for if tenant for life soweth the ground, and dieth, his executors shall have the corn sown, for that his estate was uncertain, and determined by the act of God. And the same law is of Lessee for years of tenant for life; if a man be seized of land in the right of his wife, and sew the ground, he dieth, his executors shall have the corn, for that his estate was uncertain, and if his wife die before him, he shall have the corn. If a man seized of lands in Fee, hath issue a daughter and dieth, his wife with child of a son, the daughter soweth the ground, the son is borne, yet the daughter shall have the corn, because her estate was lawful and defeated by the Act of God, and it is good for the Commonwealth that the ground be sown.  
But if the Lessee at will sow ground with corn etc. and after he himself determineth his will, and refuseth to occupy the ground, in that case the Lessor shall have the corn, because he loseth his rent, and if a woman that holdeth land durante viduitate soweth the ground and taketh a husband, the lessor shall have the Emblements, because the determination of her own estate grew by her own act. But where the estate of the Lessee being incertain is defeasible by a right Paramount, or if the Lease determine by the act of the lessee, as by forfeiture, condition etc. there he that hath the right Paramount, or that entereth for any forfeiture etc. shall have the corn, New Lit. foe 55. titulo tenant at wil  

Olands' case 5. pars Coke. fo. 116. vel. 126  If a feme seized of land durante viduitate make a Lease for years and the Lessee sow the lands, and after the wife that made the lease take a husband, the Lessee shall not have the Emblements, for though his estate determine by the act of a stranger, yet he shall not be as to the first lessor in better estate than his lessor was.  

Uses Uses. Note That it is not good to make such a limitation generally without any restraint because it maketh all estates with the remainders over to be in contingency.  To the use of Leonard Lovey for life, and after his decease to the use of such farmers or tenants to whom he shall demise any part of the premises for or during life, or lives, and for any term of years as in any such demise or demises shall be limited and appointed, and then to the use and performance of the last Will and Testament of the said L. Lovey and to the use of such person and persons severally to whom the said L. Lovey by his last Will shall devise any estate or estates, of or in the said Manors lastly mentioned or of any part of them according to the true intent and meaning of his said last Will.  
And after the performance of his said last Will to the use of etc. and for some other Manors he devised them to Tho. Lovey his son and to the heirs males of his body lawfully begotten from and after the decease of the said L. Lovey the father for 500 years then next ensuing fully to be completed and ended, upon condition that his said son shall allow of all such estates grants and conveyances thereof already made, or at any time to be made by the said L. Lovey of and in the said Manors, Messages etc. and other the premises by him, by that his last Will given, granted and bequeathed, according to the purport, true meaning and effect of the said Lease, & Leases so made or to be made, with power of revocation.  
It was resolved that all the remainders were in possibility & contingency, but yet that the uses and powers in contingency may by mutual assent of the parties be revoked and determined, for as they may be raised by Indenturer so by Proviso or limitation annexed to them in the same Indenture they may be destroyed either before or after their essence.  
And where it is incertain and doubtful whether the use or estate limited in futuro shall ever vest in estate or interest or not, 
If a man give lands to a man such a woman as shall be his wife, the man taketh the entire. But if a man make a Feoffment in Fee to the use of himself and his wife which shall he, and he after takes a Wife, his wife shall take jointly with him Coke 1. pars. fo. 101.  there the use or estate is in contingency. But yet these contingent estates (where power of revocation is) may be revoked 10. pars foe 78 Leonard Loveyes case.  
If a man at this day make a Feoffment in fee to the use of A. for years and after to the use of the right heirs of B. or to the use of the wife of B. which shall be, this limitation to the right heirs of B. or to the wife of B. which shall be is void, because it had been void, if it had been limited in possession.  
Francis Earl of Bedford made a feoffment in Fee of divers Manors to the use of himself for years, and then to the use of Jo. L. Russell his son and heir, and to the heirs Males of his body engendered, and for default of such issue to the use of the right heirs of the said Earl, and after the said Jo. L. Russell died without issue male in the life of the said Earl, and it was resolved that the use and estate limited by way of remainder to the right heirs of the Earl were void, for it had been void if it had been limited by estate, executed at the common law, for the remainder ought to vest during the particular estate, prima pars foe 130. Chudleis' case.  
A Fine was levied to the use of A. and the heirs males of his body, until he or the heir's males of his body hath done such a thing, and after such a thing done to the use of another in tail, and dieth without issue, without any thing done, and it was adjudged the remainder was in contingency, & ne unques eschie.  
Note, that every use in esse, that is to say in possession, reversion or remainder is executed by the Statute, and that no contingent use or right of a use shall be executed within this Statute of 27 H. 8. until they come in esse, 1. a pars. fo. 126. Chudleis' case.  

Disjunctive and copulative.  A Lease for years, yielding yearly to the Lessor or his heirs forty shillings, this reservation in the disjunctive is good. See the book at large, the reason. Mallories Case 5. pars. fo.  
And there: If a feoffment be made to A. to have to him or his heirs, there he hath but an estate for life, for there want words precedent to direct the words in the disjunctive, & these words (Heirs) are of the essence of the estate, and without them no estate of inheritance shall pass.  
And so by the same reason, if a reversion upon a Feoffement in Fee be made to one or his heirs, such reservation is good no longer, but during the life of the Feoffor.  
A. covenants to make a lease to B. and his assigns for 21. years, the sense of these words shall be taken that he shall make the Lease to B. or his Assigns for 21. years, Blow. Com. foe 289.  
The defendant bound himself by Indenture to pay to the Plaintiff a certain sum, if so be that the Defendant did not enfeoffee the plaintiff nor his heirs of certain Land when he came to his aunt, and the plaintiff declared that the Defendant came to his aunt, and the plaintiff required him to enfeoffee him and he did not enfeoffee him per quod actio. accrevit, and exception was taken to this declaration because the condition was in a disjunctive, that is to say, that the Plaintiff should have the sum if the Defendant did not enfeoffee him nor his heirs, and he hath said that he did not enfeoff him, not speaking of the Feoffment to his heirs, and if he had performed any of the parts ' of the disjunctive, the plaintiff might not have the debt, but the Count was holden very good, notwithstanding that exception for the plaintiff might not have an heir, during his life, so that although the condition in words be disjunctive, yet forasmuch as the plaintiff was alive, in sense it was not disjunctive, for he might not have an heir being alive, and the sense of the words are to be taken to enfeoffee the plaintiff if he be alive, & if he were dead then to enfeoffee his heirs, and as the plaintiff may not have an heir during his life, so here in the case above B. may not have an executor during his life; and as the condition there in the disjunctive to enfeoffee at a time to come him or his heirs was taken to enfeoff him at the time limited if he were alive, and if he were dead at the time then to his heirs, so here the Covenant to make a lease at a time to come to him and his assigns copulatively shall be taken disjunctively in sense, that is to say to him if he be alive, and to his assigns if he be dead, Blow. come. fo. 289. 
Of uses in esse & in futuro.   
A. makes a Feoffment in Fee to the use of D. for life, and after to the use of him which shall be his first son in tail, and for default of such issue to the use of B. in tail, and for default of such issue to the use of C. in fee. In this case forthwith by the Feoffment D. hath estate for life, the remainder to B. in tail, the remainder to C. in Fee, and no estate is put in abeyance, or left in the Feoffees, but if after A. hath issue a son, than the possibility which the Feoffee had, becomes to an estate in Law, and forthwith the statute of 27. H 8. cap. 10. executeth the possession according to the limitation of the use.  
But if Tenant for life be disseised before the birth of the son, and after he hath issue a son, now nothing vesteth in the son, because there ought to be a use in esse before that the Statute can execute the possession. But who shall enter to remove the impediment and to restore the privity of the estates? Surely if the tenant for life shall re-enter, he shall revive all the former estates, which the statute of 27 H. 8. hath executed to the former uses in tail, and for that also the statute transferreth the estate of the Land to the son in tail, for that is the privity which the Statute requireth, (scil.) privity of estates which the same statute hath executed upon the lymitation of the uses in the same conveyance before, and after the death of tenant for life the Feoffees may enter and revive the use, and as lessee for years or for life upon condition to have fee may not have increase and enlargement of his estate, but upon the privity of the estate of the Lessee, so no remainder of a future use may be transferred in estate by force of the Act before the particular estates executed by the statue upon lymitation of uses in the same conveyances be recontinued, but if Tenant for life make a Feoffment in fee, or die before the birth of the son his remainder is destroyed, as if a Lease be made for life the remainder to the right heirs of I. S if lessee for life make a Feoffement or die, during the life of I. S. the remainder to the right heirs is destroyed, and that is the best construction of the statute of 27 H. 8.  
The chief Baron said that Scintilla juris which is mentioned in 17 Eliz. is like to Sir Tho. Mores Utopia, and they said that after this Statute no trust or confidence was reposed in the Feoffees, for now as Walinslow said, the Feoffees non possunt agere aut permittere aliquid in prejudice of ceste qu●… use, before the Statute the office of the Feoff was to execute the estate according to the use, but now the statute hath taken all & Walinslow said even as a fountain giveth to every one that cometh in their time unto it their just measure of water, so likewise the first estate and seisin in fee given by the first Feoffment to the feoffees is sufficient to all persons to whom any use present or future is limited a competent measure of estate in their time proportionable to their estate which they shall have in the use, so that the first seisin by force of the Feoffment, whereby the fee-simple is given to the Feoffees, shall be sufficient to serve all their particular uses, as well future as present in their several times, and nothing shall remain in the Feoffees, but Walinslow said, that all the estate shall be first vested in those which are in rerum natura, and the possession shall be vested in him which hath the future use when that cometh in esse by force of the first livery, and shall divide the estates which were conjoined before.  
If a feoffment in fee be made to the use of one for life and after to the use of the right heirs of I. S. the fee simple of the land shall be in abeyance, and before the Statute, if a man had made a feoffment to the use of one for years, and after to the use of the right heirs of I. S. the Fee-simple of the land shall be in abeyance. And before the Statute, if a man had made a Feoffement to the use of one for years, and after to the use of the right heirs of I. S. this limitation had been good, for the Feoffees shall remain tenants of the Franktenement, but such limitation after the Statute is void, for then the Franktenement shall be in suspense, for nothing may remain in the Feoffees. But he said that those remainders in futuro were divested and destroyed by the Feoffment of Tenant for life, and although the remainders are in custody of the Law, yet they ought to be subject to the rules of the law, for the law will never preserve any thing against the rule of the Law, and because that the rule of the law is, that he in remainder ought to take the Land when the particular estate determineth, or otherwise the remainder shall be void, and in this case forsomuch as by the feoffment of tenant for life their estate was determined and title of entry given for the forfeiture & then those in the future remainder were not in esse to take it, for this cause these remainders in futuro, by this matter ex post facto were all utterly destroyed & made void. And no diversity when the estate of tenant for life determineth by the death of tenant of life, and when it determineth in right by his forfeiture, for in both cases entry is given to him in the next remainder, and then if he may not take the Land when the particular estate determineth, the remainders void.  
A gift in tail was made to A. C. the remainder to the right heirs of A. S. the Donee made a Feoffment to B. in fee, and after A. S. dieth, his right heir shall never have the remainder nor any Charter that concerneth it, for the estate of the Land was by the feoffment of S. in tail divested and discontinued, and all estates vested in the Feoffee, and there was not any particular estate either in esse nor in right, to support the remainder when that shall fall, for by the Feoffment of S. in tail, his right heir was utterly gone.  
But if tenant in tail were deceased and dieth, that shall not toll the remainder, for there is a right of particular estate to support the right of the remainder, but when tenant in tail made a feoffment, no right remained in him, and so note that there ought to be a person in esse of both parties (viz.) that shall be seized to use, and that shall take the use, so that there needeth not only to have a use limited, but a person capable of the use when this Statute transferreth the possession thereunto, and therefore if a person wanteth, it is impossible to have the possession executed by this Statute to one which is not in rerum natura, for the Statute saith etc.  
If by a Feoffment to uses the estate shall be utterly out of the Feoffees, and all vest in them which have the present uses, than the future use shall never rise, for it is impossible that it should be raised out of the possession of ceste que use, for a use may not be raised out of a use, for if A. enfeoff B. in fee, to the use of C, and his heirs, with proviso that if D. pay to C. 100 l. that C. and his heirs shall stand seized to the use of D. and his heirs, that is utterly void, for the future use ought to be raised out of the estate of the Feoffee, and not out of the estate of ceste que use.  
And it was holden that the Feoffees after the Statute had possibility to serve the future use when it cometh in esse, and that in the mean time all the uses in esse shall be vested, and when the future use cometh in esse, than the Feoffees (if the possession be not disturbed by disseisin or other means) shall have sufficient estate and seisin to serve the future use when that shall come in esse to be executed by force of the Statute, and that seisin and execution ought to concur and meet together at oneself same time, and in such case when the future use cometh in esse, the Feoffees shall have by force of the act, a qualified estate sufficient to serve the future use.  
All the Justices and Barons of the Chequer, but Periam, Walmsley, Gawdy, concluded etc. that forasmuch as the Statute of 27. H. 8. doth not extend but to uses in esse and to persons in esse, and not to any uses that depend in possibility only, for this cause these contingent uses in the case at bar remain so long as they depend in possibility only at the common Law, and by consequence they may be destroyed or discontinued before they come in esse, and by all such means as Uses might have been discontinued or destroyed by the common law.  
And all the Justices and Barons of the Chequer agreed with the chief Baron and Walmsley in this point, that these remainders limited in use in the case at the bar, shall follow the rule and reason of estates executed in possession by the common law, and therefore they all only agreed that if the estate for life in the case at the bar, had been determined by the death of the Feoffees before the birth of the eldest son, that the said remainders in futuro were void and never shall take effect, although that the son were borne afterwards, for a remainder in use ought to vest either during the particular estate, or eo instant when the particular estate endeth, as well as estates in possession.  
All these cases last before touching contingent uses, see Coke prima pars foe 120. Chudleis' case unto the end of the said case.  
If a future use come not in esse during the particular estate, than it shall never take effect, because it is in nature of a remainder, which ought to take effect and vest during the particular estate, and no use shall be executed by 27 H. 8. which are limited against the rule of the common law. 
A use is in nature of a remainder, and therefore in the raising of uses, the order and rule of the common law touching remainders in all things must be observed, but upon and by the limitation of a devise or limitation of a use, a remainder may commence upon a condition, which goeth to the destruction of the particular estate, and one fee-simple may depend upon another.   
If a man at this day make a feoffement in Fee to the use of A. for years, and after to the use of the wife of B. which shall be, this limitation to the right heirs, & to the wife is void, because if it had been void it had been limited in possession. So in the same case if the use be limited to A. for life and after to the use of the right heirs of B. or to the wife of B. which shall be, if A. dieth and then B. dieth, or taketh a wife, this remainder limited to the right heirs or to the wife of B. is void for it were void, if it had been limited in possession. And 72 H. 8. intended to restore the good and the ancient common law, and not to give more privilege to the Execution of uses then to estates which are executed by the ancient common law, vide fo. 51.  
In proof whereof it was resolved by all the Justices of England, Pasch, 35. Eliz. in the Earl of Bedford's case, which was such, Francis Earl of Bedford made a Feoffment in fee of divers Manors, to the use of himself for years, & after to the use of Jo. L. Russel, his son and heir apparent, and the heirs males of his body begotten, and for default of such issue to the right heirs of the said Earl, and afterward the said Jo. L Russel died without issue male in the life of the said Earl, and it was resolved that the use and the estate limited by way of remainder ought to vest during the particular estate, prima pars Co. foe 129. 130.  
If a man make a feoffment in fee to the use of himself for life and after to the use of his first Son to be begotten in tail, and tenant for life dies, or makes a feoffment in fee before the birth of his son, the remainder is destroyed for ever, and so in this case, if tenant for life die, his wife privily with child, and then a son is borne, that issue shall not have the use ut opinor.  
A Lease to A. for life, the remainder to the right heirs of B. B. having a daughter dieth, his wife being privily enceint with a Son, the daughter claimeth that by purchase, and therefore the son born afterwards shall never divest it, Coke. 1. pars. fo. 95. Shellies' case.   

Forfeiture, De pace regis & regni tit. forfeiture fo. 222.  
THe King shall have all the goods of Felons which be condemned, 
What goods of Felons the King shall have.  and which be fugitive (viz.) all their goods movable and unmoveable, for the King shall have the corn growing upon the land of the fellow attainted, and the issues and profits of the Land which he hath in his own right, or in the right of his wife during the time of his life, 
Forfeiture●… upon flying  or until he doth purchase his pardon. But touching the profits of fugitives lands there is a difference between a flying presented before a Coroner, and a flying found by verdict upon an acquittal, for upon a flying presented before the Coroner, he shall forfeit the profits of his lands until his death, or until he be acquit, or until he hath purchased the King's pardon. But upon a flying found by verdict upon acquittal he shall forfeit no issues of his Lands, for by his acquittal the Land is discharged, and consequently the issues thereof.  
The law hath restrained offenders in treason and Felony to certain times to make alienation of their Lands and goods, and hath prefixed limits, 
From what time forfeiture of lands shall have relation.  whereunto the forfeiture of their said lands and goods shall have relation, and yet with this difference, that as soon as any treason or Felony is committed, the offender therein is restrained to make any alienation of his lands, for than it is not his land, but by the committing of the treason or felony, he hath forfeited all the estate he had therein, and therefore if between the time of the committing of the treason or felony, & of the offender's attainder thereof, the offender doth make an alienation or assurance of his land after the time that the offender shall be attainted of the same treason or Felony, the said assurance shall be void whether the same attainder be by verdict, confession, or utlary, for the forfeiture of the land shall have relation from the time of the offence committed.  

From what time the forfeiture of goods shall have relation.  The forfeiture of Goods and Chattels shall not look back so far as forfeiture of lands, nor shall have relation from the time of the treason or felony committed, but from the time of the attainder of the treason or Felony, and therefore if one do commit treason or felony, and in the mean time between the treason or felony committed and the offenders attainder thereof, the offendor doth give away his goods, this is a good gift, for as yet they be not forfeit but be his own to maintain himself & his family, until he be attainted, and by the law adjudged unworthy to possess or enjoy goods or to have sustenance, and therefore if upon a fugam fecit presented before the Coroner, one doth forfeit his goods, he shall not forfeit those goods he had at the time of the felony committed, but shall only forfeit those goods which he had at that day, when the fugam fecit was presented against him: and in like sort, if one that is indicted of Felony be acquitted thereof by verdict, and in their verdict the Jury find that the Prisoner fled for the felony, in this case the Prisoner shall forfeit those goods which he had the day of the verdict given, and not any goods which he had before. And so it is, if one be convict by verdict, the goods shall be forfeited, which the offender had the day of the verdict given and not those he had before: and he that is outlawed of treason or felony shall forfeit those goods which he hath at the time of the Exigent awarded, and not those which he had before and hath aliened. But if a man commit treason or felony and is arrested thereof, and as he is carrying to a Justice to be examined, or to the Goal by the Constables or others, do break away, or in making of rescous or resistance is slain by those which do so carry him, because he will not yield, and be justified by the law, in this case those goods shall be forfeited which he had at the time of the felony committed: and so it is, if one commit a felony, and when the Sheriff, Coroner, Constable, or others, do attempt to apprehend him, he is slain because he doth resist and will not yield to be arrested, the goods shall be forfeited which he hath at the time of the felony committed.  
Note, this difference is to be observed in the seizing of a Felons goods; for where the goods be forfeited before the felony tried (as where one is found guilty before the Coroner of the death of another, or where it is found before the Coroner that one did fly for a felony) in such case the goods shall be presently seized upon the forfeiture of them, though there be no conviction of the fellow, and upon such forfeiture the goods be presently the Kings, & the fellow is to have no maintenance out of them. Daltons' office of Sheriffs, tit. forfeiture fo. 32.  
And yet lest the goods should be disorderly wasted imbesseled or sold away, the Sheriff etc. before the attainder of the fellow may take surety that the goods be not imbesseled &c. (ss.) may cause the owner or some of his friends to find surety, and for want of sureties, the Sheriff etc. may seize them and deliver them to the town (ss.) to some of the neighbours of the town where the goods were, by them safely to be kept, and by the opinion of M. Brook tit. forfeiture 44. this order ought to be observed concerning the goods of every one which committeth felony, until he be attainted, but yet the fellow must have reasonable maintenance out of them for himself and his family in the mean time, Plowden 68  
Sur 

Statute Merchant of the body, Lands and Goods.  
Statute Staple. of the body, Lands and Goods.  
Recognizance  
Elegit. 

Of the moiety of the Lands and all the goods. 
Executions.   
Of the moiety of the Lands and of all the Goods of the Debtor.     

Capias ad satisfact. Of the body only.  
Fieri facias. Of the goods only.  
Levare Facias. Of the profits of the Lands and Goods.    

Statute Merchant.  AN execution final is, when the Defendants lands are extended or his goods sold and delivered to the Plaintiff, who accepting this in satisfaction ends the suit.  

Execution final & quousque.  An execution with a quousque and not final is in the case of a Capias ad satisfaciendum where the body is taken to the intent to satisfy the plaintiff, but is no satisfaction but a pledge for the debt.  
Note, that the statute Merchant is a bond or obligation of record acknowledged before the Major of London, York, Bristol, or of other City, or before the Bailiff of any Burrow, or Town, or before other persons there to that purpose appointed, and it is sealed with the seal of the Debtor and of the King, the form whereof, see west's pray. 106.  
If a Statute Merchant be not sealed by the party non valet, 6 R. 2. Fitz. Execution 131.  
If a man be bound in a Statute Merchant, and do not pay the debt at the day, execution shall be done thereof in this manner. 
How the Statute Merchant shall be executed, the money being unpaid at the day.  First the Connusee may come to the Major or other Officer before whom the Statute was acknowledged, and pray him to certify the same into the Chancery, under his seal etc. and if he will not certify it, than a Writ of Certiorare must be sued forth of the Chancery, directed to the said Officer of the place where the Statute was knowledged to certify the acknowledgement of the same Statute into the petty-bag Office in the Chancery, 
Executions shall be of body.  and upon the certification a Writ of Execution (ss.) a capias shall go out against the body only of the Cognisor (si laicus sit) to take his body, and command the Sheriff to keep him safely in Prison until he hath agreed for, or fully satisfied the debt. But the debtor after he is taken hath liberty given him within a quarter of a year to sell his lands and goods to discharge his debts, and if he do not agree for his said debt within the next quarter, 
Lands and Goods.  than all his lands and goods shall be delivered (by the Sheriff) to the Creditors upon a reasonable extent to hold until the debt be paid, and yet nevertheless the body of the debtor shall remain in Prison until the debt be paid.  
And this Writ may be returnable into the Court of Common Pleas or into the King's Bench.  
But upon the return by the Sheriff of that Shire to whom the capias was directed quod laicus est, & non est inventus in Bal. sua, then shall go out an extent against all the Connusors' lands and goods, and against his body, see the Register 247.  
And upon such an extent come to the Sheriff's hands, the Sheriff shall or may presently cause the movable goods of the debtor to be prized and sold, as far as the debt doth amount, and the debt without delay to be paid, Stat. Acton Burnell, 13 E. 1.  
Note, that if the Sheriff can find no buyer, he shall cause the same goods to be delivered to the Creditor at a reasonable price, as much as doth amount to the debt, and if the Prisers of the goods do set an over high price to the damage of the Creditor, then shall the things so prized be delivered to the prizors at the same price, and they shall be forthwith answerable to the Creditor for his debt. But the Sheriff must sell the goods to them which offer most for them. And yet if the Sheriff shall sell them at an underprice, it seemeth the Debtor hath no remedy, Fitz. Extent 7. see the Statute of Acton Burnell.  
If the Debtor have no moveables, whereupon the debt may be levied then shall his body be taken and kept in prison until he hath made agreement, 13 E. 1.  
If the Sheriff do not return the Capias, or do return that the Writ came too late, or that he directed it to the Bailiff of some Franchise, he shall be punished and yield damages to the party grieved according to the Statute of Westminster, 2. cap. 39  
If the Sheriff return that the Debtor is a Clerk, then shall there go out an extent against his lands and goods only, to be delivered upon a reasonable extent as aforesaid, but his body shall not be taken.  
If the Debtor found sureties (which acknowledged themselves to be principal debtors after the day passed) they shall be ordered in all things as the principal debtors (scil.) for their bodies and delivery of lands and goods, Stat de mercator.  
But so long as the debt may be fully levied of the goods of the Debtor, the sureties shall receive no loss, Stat. de Acton Burnell.  
And if any of these Debtors (being in prison) shall happen to escape, the Sheriff or Gaoler must answer the body or the debt, and therefore it behooveth the Sheriff and Goler, that the prisoners be safely kept, Statute de mercator.  
Note, that when any Statute Merchant is certified into the Chancery, and thereupon a Writ awarded to the Sheriff, and returned into the Common place, and the Statute there once shown, that howsoever the process after the same showing be discontinued, that at what time the party sueth to have the process recontinued, and to have execution of the same Statute, that the Justices of the Bench where the Statute was once showed, may upon the same Record make and award full Execution of the Statute Merchant aforesaid, without having the sight thereof another time, 5 H 4. cap. 12.  
And the Dier foe 180. Terminum Pasche anno 2. Eliz. where the Connusee of a Statute Merchant having the same certificate into the Chancery, upon a certiorari directed to the Major, thereupon sued a Capias against the Connusor returnable into the Bench, at which day the Sheriff returned, non est inventus, and the connusee there shown the Statute (as he ought) and had another Capias before the return whereof the Connusee died, and it was doubted whether his Executors should have a scire facias against the Connusor, or that they should begin of new (ss.) to sue a new special Writ out of the Chancery to the Major to make Certificate (notwithstanding the first Certificate) and to have out of the Chancery a new Capias or no, or whether (at the suit of the Executors) the Justices of the Bench might have awarded an alias Capias or a Writ of extent upon the first proceeding or not. But it was agreed by the Court that no Scire facias did lie in this case, but upon oath made by the Executors in the Chancery, that the debt is not satisfied, they shall have a new Certiorari to the Major etc. to make a new Certificate of the Statute, and so to begin all anew again, Dier 180.   

Statute Staple.  
THe Statute Staple is of two sorts, or in two manners, the one by force of the Statute 27 E. 3. cap. 9 the other by force of the Statute 23 H. 8. cap. 6.  
The first is an obligation of Record acknowledged before the Major of the Staple in presence of one of the Constables of the same Staple, and is sealed with the seal of the Staple and Seal of the party, but such Statute Staple shall not be taken but only amongst Merchants of the same Staple, and for Marchandizes of the same Staple, 23 H. 8. ca 6.  
The other is an obligation also of Record and of the same nature and force as the first is, as to the execution thereof. But it is acknowledged before the one of the chief Justices, and in their absence (out of Term) before the Major of the Staple at Westminster, and the Recorder of London, and is sealed with their Seals (viz.) with the Seal of the Connusor, of the King, and of one of the said Justices, or of the Major and Recorder, 23 H. 8. cap. 6.  
The forms of these Statutes Staple vide, West. 108. 109. Note, that all Statutes Merchant and Staple shall be brought to the Clerk of the Recognizances within 4 Months and enrolled, within six months, or else such Statute shall be void against Purchasers etc. 27. Eliz. cap. 4.  
A Statute Staple must be certified into the Chancery in the like manner as a Statute Merchant, and upon that Certificate a Writ of execution shall go presently forth both against the body (si laicus sit) and against the lands and goods of the Connusor returneable in the Chancery in the petty-bagg Office there (and not into the Court of common Pleas or King's Bench as the Writs of Execution upon a Statute Merchant shall, and upon the Writ of execution, the Sheriff shall take the body of the Connusor, and shall also per sacramentum proborum & legalium hominum & juxta verum valorem, Fitz. 131 d. presently extend and price, and shall seize into the King's hands, his Lands, his Goods and Chattels, and that extent and prizement or valuation of the Lands and goods shall return and certify into the Chancery as aforeraid, and thereupon the Reconusee shall have another Writ called a liberate to the Sheriff out of the Chancery, to deliver to the Conusee those lands and goods to the value of his debt, and upon that liberate delivered to the Sheriff, than such lands and goods as are taken in execution shall be delivered to the Connusee, by the Sheriff and not before. And this execution shall be made in manner as is before declared upon a Statute Merchant 27 E 3. cap. 9 Plow. 62. b.  
And so note, that upon a statute Merchant the connusor shall be imprisoned for half a year, and if he doth not sell his lands within the same time for to pay his debts, than his lands shall be delivered to the obligee until his debt be satisfied. And upon statute staple the Debtor or connusor after that he is taken shall not have liberty to sell his lands and goods within the half year, as he shall have upon Statute Merchant; But by force of this statute Staple, if the money be not paid at the day forthwith after certificate thereof in the chancery, the creditor may have Execution of the body, Lands and goods of the Debtor, (ss.) the connusor shall be imprisoned, and all his lands and goods shall be extended instantly, 27 E. 3 cap. 9,  
Also note, that upon Statute staple the extent shall be first made and returned, and aftet a Writ of liberate shall be awarded, but delivery shall not be made at the beginning until the thing appeareth certainly by the return of the Sheriff, Plow. 62. b.  
All obligations and specialties made to the King or to his use for any cause, shall be of the same force as Statute Staple is, 33 H. 8. cap 59 and so for obligations made by parsons for their first fruits 26 H. 8. cap. 39  
The lands of many Accomptants to the King shall be liable and put in execution, as if they had been bound in Statute Staple 13. Eliz. Cap. 4.  
The heir that claimeth by the gift of his Ancestor, shall be bound to pay the King's debt, 33 H. 8. cap. 39  
The heir in tail by the same Statute shall be liable to pay the King's debt due by his Ancestor Plow. 240. b. 249, b. 554. b. Fitz. 217. c.  
But if tenant in tail become in debt to the King by receipt of the King's monies or otherwise, unless that it be by judgement, recognizance, obligation or other specialty, and dieth, the land in the seisin of the issue in tail by force of the said act of 33 H. 8. shall not be extended for such debt of the King. For the Statute of 33 H. 8. extendeth only to the said 4. cases, and all other debts of the King remain at the common law.   

Execution upon Statute.  
IF Tenant in Taile become in debt to the King by one of the said 4. ways (scil.) by judgement, recognizance, obligation or other specialty, and dieth, and before any prosces, or extent, the issue in tail (bona fide) alien or Lease the Land entailed, now this Land shall not be extended by force of the said Act of 33 H. 8. C. 7. 22.  
So where debt was originally due to a subject, and after comes or accrues to the King by reason of attainder, Out-lawry, Forfeiture, gift of the party, or by any other way or mean, such debt is not within the said Statute of 33 H. 8. to charge lands entailed in the possession of the heir in tail, Co. 7. 22.  
But lands in fee-simple were extendable at the common law, for debt of the King, into whose hands soever they should come, and therefore as to them the said Statute of 33 H. 8. was not but a declaration of the ancient law, Co. 7. 21.  
Two joint-tenants in fee the one of them being a debtor of the King dieth, the other shall hold discharged Fitz. Execut. 113.  
The heir shall be chargeable to pay debt of the King, although he be not named, or that this word Heir be not comprised within the recognizance, obligation or specialty, 33 H. 8. cap, 39  
The King shall be preferred in his suit and execution before common persons by the Statute, 9 H. 3. cap. 18. and 33. H. 8. cap. 39  
Debtor of the King possessed of a Lease selleth it bona fide. This bindeth the King, for it is but a Chattel, Co. 8. 172.  
Note, that the King shall levy the sum for which any is chargeable unto him not only against the party himself (scil.) of his body, his lands and goods in his own hands, but in the hands of his Heirs, Assigns, Executors or Administrators, and if he hath no Executors or Administrators, then in the hands of the possessors of the goods of the dead.   

What Lands and goods shall be extended or taken by the Sheriff in Execution upon Statute etc. in case of a common person.  
NOte, that upon Statute Merchant, or Staple, all the Fee-simple Lands which the said Connusor had at the time of the said Statute acknowledged, or at any time after, shall be liable to the said Statute into whose hands they shall ever come afterwards by alienation, Feoffement, or otherwise, Stat. de mercator 13 E. 1. 27 E. 3. cap. 9 23 H. 8. Co. 3. 12.  
But if the Debtor die, the body of his heir shall not be taken, but his Fee simple lands which descendeth to him from the Connusor shall be taken (in form aforesaid) if he be of full age, or when he cometh to full age, until the debt be levied, Statut. de mercator.  
And so was the common Law before, that in debt against the heir, the Plaintiff shall have all the Land which descendeth to the heir in execution, and yet he shall not have then execution of any part of the land against the father himself.  
Note, that it hath been holden that the heir shall not be charged where the Executors have assets, Fitz. Executors, 25. Br. Debt. 237. 17 E. 4. 13. Plow. 439. 440.  
But at this day the law seemeth otherwise (scil.) that it is at the election of the Creditor to sue the heir or Executors, when both have assets, 4 E. 4. 25. 22 H. 6. 4. 10 H. 7. 8. Doct. & Stud. 153. Dier. 204. Plowden. 439. 440.  
Also it seemeth that if the heir doth not confess the action, and show the certainty of the assets which he hath by descent, but plead nothing by descent, or is condemned by default, that there the Plaintiff shall have execution of his other lands, or of his goods, or of his body, by cap. ad satisfac. Blow 440.  
Note, that Fee-simple lands of the heir which he hath by descent, the day of the Writ purchased or after, shall be liable, but otherwise if he hath aliened before the Writ purchased, unless it be by covin. Co. 5. 60.  
Possession in law descendeth upon the heir shall charge him. So where he enters upon a condition, Br. assetts, 8.  
Reversion upon an estate for life descends upon the heir that shall charge him, Br. Assets. 12. 19  
A reversion shall be put in execution, and the judgement shall be cum acciderit, and in the mean time of the rent, Di. 373. Fitz. Assetts. 237.  
Note, in debt a man shall have execution of no land but of that which the Defendant hath the day of the judgement given, 2. H. 4. Fitz. Executors, 24.  
If a man sue a Statute Merchant of parcel of the Lands, in name of all the Lands, he shall not have other execution afterwards, Fitz. Execution. 13. 4.  
If I have but one Acre by descent, I shall be charged with 1000 l. by obligation made by my father, by Belch. 40 E. 15. Fitz. Execution 32, vide & quaere. For it seemeth that the heir may confess what he hath by dscent and demand judgement whether of more than of the value thereof he ought to be charged.  
Lands entailed are liable but during the life of the Connusor, as if tenant in tail be bound in a Statute, or Recognizance, the land tail shall be bound during his life, but it is not bound against the issue in tail Br. Recog. 7. yet if the issue in tail enfeoff a stranger, now execution shall be against the Feoffee 19 E. 3. Fitz receipt. 112.  
But if Tenant in tail acknowledge a Statute or Recognizance, and after alien, the lands in the hands of the Feoffee, or alienee, shall be subvert to this Statute or Recognizance, Co. 1. 62. and 2. 52. 8 H. 7. 89.  
Copy hold Lands are not liable, nor shall be extended upon a Statute or Recognizance, Lease or Term for life shall be extended.  
Lease for term of years and all other goods and Chattels of the Connusor, or Debtor, are liable and shall be extended (ss.) such which the Connusor etc. hath in his own possession and to his own use at the time of the execution sued or awarded. But sale of Chattels (bona-fide) after judgement, and before execution awarded is good, but not after execution awarded, as appeareth in 2 H. 4. fo. 14. per curiam.  
Yet by Babington 7 H. 6. Br. execution 116. if a man be condemned in debt or bound in a Statute, the goods which he hath, the day of the judgement or knowledge of the Recognisance shall be bound to the execution, in whose hands soever they shall come, quod non fuit negatum & Co. 7. 39 a every execution in judgement of law hath relation and retrospect to the judgement. But a fraudulent conveyance or gift of Lands or goods shall not advoid any execution, vide le statutes 50 E. 3. ca 6. 1 R. 2. ca 9 2 R. 2. Stat. 2. ca 3. 3 H. 7. ca 4. 13 Eliz. ca 5. &. 7 & les livres. 43 E. 3. fol. 3. Dier 295. & Co. 3. 81. 82. 83.  
Lands in ancient demesne are liable to the Statute, vide Fitz. Execution 118. and return 109. contra.  
Lands or goods holden jointly by the Connusor with a stranger, and the connusor is condemned in damages and dieth before execution, those lands or goods coming to the stranger by survivor are not extendable, Br. execution 126. 148. 13 H. 7. 22. a.  
Lands of a wife are extendable during the coverture by debt of the husband, 15 H. 7. fo. 14.  
Rend may be delivered in execution Fitz. avowry 237 Exec. 63.  
Rend extent by release of the party may be extended, Co. 7. ●8. 39 As if a man hath judgement to recover debt or damages by that the rent which he hath of any estate of Franktenement is liable to it, and therefore although that after judgement that be released, yet that may be extended. But a man shall never have a thing extended upon an execution; except that he may grant and assign the same thing by Shelly, 28 H. 8. fo. 7.  
So the profits of an Office or other thing which may not be granted or assigned over shall not be extended, Dier foe 7.  
Goods demised, pawned, or pledged, may not be taken in execution, for his debt, that demised or pawned them during or term that they are s● demised or pawned 22 E. 4. fo. 10. 34 H. 8 Br. pledges 28. As as if a man bona fide lease his Sheep or Oxen for years, or if he deliver his goods in pledge & after shall be condemned in personal actions, there such Sheep or goods shall not be taken and put in execution until the lease be determined, or the money paid for the pledge, Br. distress 75.  
So it seemeth of Goods which are distrained for just cause, as for rent, amercement, damage pheasant, & such like, and are impounded, they are now in custodialegis, as long as they are so, they may not be taken in execution Br. pledges 28.  
If the Connusor enfeoff the King, that land is discharged from execution, Fitz. 266. so all other lands of the King are exempted from distresses and executions, Plowden. 242. b.  
If many men be severally seized of lands, and they all severally join in one recognizance, Statute Merchant or Statute staple, in this case the connusee may not extend the land of any of the Connusors' only, but all the Connusors' ought equally to be charged, & the one of them alone shall not bear all the burden, because they are all in equal degree, and in executions which concern the realty and charge of the land, the Sheriff may not do execution of the Land of the one alone, Co. 3. 13. a 14.  
When the Connusor hath aliened part of his land yet the Connusor himself at the Will of the Connusee may be solely charged, because he himself is the person which was the debtor and which was bound, and therefore he and his lands may be solely charged, Co. 3. 14. Br. suit. 10 12.  
And as to a purchasor of lands, although their said Lands after the judgement, recognizance, or Statute be subject to the execution, yet such purchasers have greater privileges given to them by the law, than the Connusor himself or his heirs have. So that if land of a purchasor be only extended for the entire debt, such purchasor shall have contribution against all the others of the purchasers, and against the connusor, or his heir, but note, that by this word, contribution, it is not to be understood that the others shall give or allow to him any thing by way of contribution, but aught to be intended, that the purchasor or party which hath his lands only extended for all, may by Audita querela or scire facias (as the case requireth) defeat the execution, and thereby shall be restored to all the mean profits, and drive the Connusee to sue execution of all the land, so that in this manner every one shall be contributory, that is, the land of every tertenant shall be equally extended, co. 3. 14.  
But if the Connusor enfeoffee the connuse of parcel of the land, and a stranger of another parcel, and reserve parcel in his hands, now the connusee shall not have execution against the stranger (or any other Feoffee, for all shall be extinct against the Feoffees) but yet against the connusor the connusee shall have execution of parcel which remaineth in his hands.  
If connusor of Statute Merchant or statute Staple be taken, and die in Execution, yet the connusee shall have execution of his lands and goods co. 5. 86. 87. Fitz. 246. b.  
If the connusor upon a Statute etc. be taken in execution and escape, yet his goods and lands upon the same statute may be extended for the escape, and the action which the Plaintiff had against the Sheriff for the escape is not satisfaction for the debts co. 5. 86.  
By the statute of 3. Jacobi. cap. 8. no execution shall be stayed or delayed by Writ of Error, or superseded for reversing of any judgement in any action of Debt, except the party which sued such Writ of error with two sufficient sureties be first bound to the party for whom such judgement is given, to prosecute the said Writ of error with effect, and to pay all the debt, damages and costs etc. if the judgement be affirmed, and also costs and damages for such delay.  
And therefore if a man be condemned in any court, and his body put in execution, and after he procures a Writ of corpus cum causa, or certiorari to be directed to the Sheriff to remove his body, there the Sheriff upon the said Writ aught to return the truth, (scil) that his prisoner is condemned by judgement given against him, upon which the Prisoner shall be forthwith remanded to prison, there to remain until he hath satisfied the Plaintiff, 2 H. 5. cap. 2. Fitz. 151. e.  
If a statute be acknowledged to 2. and the one of them after purchase lands of the connusor, than it seemeth that the said statute hath lost his force against both, see the Register. 147.  
If execution be sued of the body, and of the land, and after the connusor enfeoffeth the connusee of the Land, or surrender parcel descended to him, in all these cases, the body shall be discharged, for by discharge of part of the thing in Execution, all is discharged: Plow. 72. b▪  
When the extent upon a Statute is satisfied and ran out by effluxion of time, the Connusor may enter again. Co. 4. 67.  
But when the extent is satisfied by casual profit the Connusor must have a Scire facias, ibid.  
Defeasance to a Statue made after execution is good, and defeateth aswell the Statute as the execution thereupon, Co. 6. 13.  
But note, where the Statute of Actor Burnell is, that if the Prisors' of the goods of the Connusor prise them too high (in favour of the Debtor and to the damage of the Creditor) the things so prized shall be delivered to the Prisors' by the same price, and they to yield the Credtior his debt: these Statutes are penal and extend not to any other Writs of execution, but upon the Statute Merchant or Staple, or recognizance, and therefore upon a Writ of Elegit or other Writ of execution upon judgement, if the extenders or prisors praise the lands or goods, too high, the Plaintiff (scil.) the Creditor hath no remedy. Benl. 4. P. and M.  
Note, that when the lands or goods are delivered to the extenders, they forthwith shall answer to the Creditor his debt by the words of the Statute, and yet they shall not pay the money until the days assessed and limited in the extent. Plow. 205. b.  
If the Debtor complain that his goods or lands were sold or delivered to the Connusee at too low a rate, yet he hath no remedy. (Stat of Actor Bur.) for in such cases the Debtor may pay the money and recover his lands and good. 15 H. 7. 15.  
The creditor may well refuse to accept, because the Sheriff will not deliver but parcel of the lands of the Connusor, for if he accept it he shall be concluded to demand all afterward, Fitz h. execution. 84. 88   

Execution upon a Recognizance.  
REcognizance is an obligation of record acknowledged in any Court of Record, or before any Judge or other Officer having authority to take it, as before the Judges of the King's Bench, or of commons Pleas, the Barons of the exchequer, the masters of Chancery, the Justices of Peace etc. & those which are mere Recognizances are not sealed but are enrolled. And sometimes are sealed with the seal of the party, and may be with condition annexed, or may be single and then to have indentures of defeasance.  
Also the King may by his commission give authority to any man to receive connusance of another man, and to return it in Chancery, and by virtue of such commission, if the man knowledge it before a commission any debt to another to be paid to him at a certain day, and that certifieth into the Chancery with the commission etc. Now upon certificate made of this connusance, if he doth not pay the debt at the day, he shall have an elegit upon this recognizance so taken aswell as if it were taken in the Chancery.  
Upon a Recognizance there shall not go a Capias but a Scire facias returnable in Chancery, and upon the return thereof, they use to award a Capias, a fieri facicias or an Elegit at the election of the Connusee, 48 E. 3. fo. 14.  
Upon a Recognisance the connusee may not have an action of debt against the heir, for the recognizance is quod tunc vult & concedit, quod dictae pecuniae summa de bonis & catal. terr. & tenementis &c. levetur so that the charge is imposed upon his Goods and Lands, so that debt lieth not thereupon against the heir, co. 3. 15.  
Yet upon a recognizance acknowledged to the use of the King, although the words of the recognizance are de bon. & cat. terr. & tenemenntiss etc. levetur, the King shall have liable to his execution as well the body as the lands & goods of his Debtor, see co. 3. 12. b &. 11 93. a.  
Execution by force of a Recognizance (in case of a common person) shall be of all the Goods and Chattels of the Connusor (except his Plowcattle and implements of husbandry) and of the moiety of his lands, west. 103.  
Note, that this word Recognizance, extendeth oftentimes in our Books to Statute Merchant and Statute staple.   

Execution by Elegit.  
AN Elegit is a Writ judicial and lieth for him that hath recovered debt, or damages in the King's Court, and must be sued within the year, Terms de ley.  
By force of an Elegit the Sheriff may take in Execution, and deliver unto the party (scil.) unto the cerditor, the one half of the lands of the Connusor, and all his good and chattels (praeter Boves & affros de carvia sua) saving only his Oxen and beasts of his plough, until the debt be levied upon a reasonable price or extent. And this is by force of the Statute of Westminster, 2. cap. 18. which is the first statute that did subject land to be taken in execution or upon a recognizance, which is in the nature of a judgement, 13 E. 1 ca 18. co. 3. 12.  
This Statute of Westminster 2. which giveth the Elegit, provideth quod Vicecomes liberet ei omnia cattalla etc. & medietatem terrae suae quousque debitum fuerit levat. per rationabile praetium, & extentum. which last word praetium is to be referred to Chattels, & extentum to be referred unto lands & rationabile praetium & extentum ought to be sound by inquisition and verdict (scil.) the apprizing of the goods and the extent or valuation of the Lands ought to be per sacram. 12. probor. & legalium hominum etc. for the Sheriff himself cannot appraise the goods, nor value nor extend the lands upon an elegit, neither can the Sheriff upon an elegit deliver any goods in Execution, or extend any lands but only such as are appraised, and valued by the Jurors of the inquisition, Co. 4. 74. otherwise it seemeth of all other sorts of Executions.  
The words of this Statute of Westminster, 2, ca 18. are thus, liberent ei medietaeem terrae debiteris, which by construction of Law is the moiety of all that he hath at the time of the judgement given or at any time after Co. 7. 19 and by the equity of that Statute, the Sheriff may deliver to the Creditor or Connusee the moiety of the Rents, Br. Parliament 100L. Plow. 178.  
Also these words in the said statute, quousque debitum fuerit levatum, shall be intended, be or might be levied, for if the Conusee or tenant by elegit, or tenant by statute Merchant or Staple neglect to take the profits, yet when the connusee might have been satisfied of his debt according to the extent, the connusor shall have again his land, but it seemeth he may not enter in such case, but is put to his scire facias, Co. 4. 82.  
If Tenant by elegit be outed by a stranger, there the time shall on, and he is put to his remedy against the trespasser. ibm.  
If the Connusee be outed by wrong by the connusor, or by any other claiming under him for life or years etc. the connusee shall hold over, co. 4, 66.  
If the lands delivered in execution be lawfully recovered, taken, or evicted, from the possession of the connusee before his debt be satisfied, he shall have a scire facias, and upon that a new writ of Execution. Statute, 32 H. 8. ca 5. co. 3. 87.  
This Statute of Westminster 2. cap 18. that giveth the elegit, doth not extend to Copyhold Lands, for it should be prejudicial to the Lord, and against the custom of the Manor, that a stranger should have interest in the land holden by copy, where by the custom it may not be transferred to any without etc. co. 3. 9  
Term for years may not be extended by the Sheriff upon elegit, without finding the beginning and certainty of the term by inquisition, for execution by elegit ought to be by inquisition, and if it be found by the inquisition that the debtor was possessed of certain land, per terminum quorandum annorum ad tunc venture. This inquisition is insufficient, for they ought to find the certainty, and the reason is, because that after the debt satisfied the party is to have again his term, if any part thereof remain, which certainty of term ought to appear upon the return of the Sheriff, as it seemeth Cok. 4. 74.  
But upon a Fieri facias the Sheriff may sell the lease or term without reciting any certainty (scil) the Sheriff may recite that the Debtor hath a term of such a thing pro terminis diversis annorum ad nunc venture. and that he sold that by force of a fieri facias to I. S. and that is good, so if the Sheriff sell all the interest that the Debtor hath in the Land, that is good, notwith●standing misreticall, for by the common intendment the Sheriff may not have precise connuzance of the certainty of the commencement, and certainty of the end of the term, but if he take upon him to recite the term and mistake it, reciting it falsely, and sell the same term, this sale is void, because there is not any such lease or term, yet false recital notwithstanding, if the Sheriff sell also all the interest that the Debtor hath in the said land, that sale is good.  
Also the Sherriff need not to mention any certainty of a term in his return of Fieri facias, but generally quod fieri fecit de bon. & catal. etc.  
Note, that it is at the election of the Sheriff to extend or to sell a lease or term as long as it remaineth in the hands of the Debtor (scil.) the Sheriff at his election may sell that quite, or he may extend and deliver it to the Connusee at a certain yearly value (as of Franktenement) and there the Connusee to whom the term is delivered hath a property which is uncertain, and the Lessee or connusor himself hath another propetty, so that upon the payment of the debt or upon the debt received of the revenue of that by the connusee, the connusor shall have his term, Blow 5. 24 Co. 8. 171.  
Note, there a diversity between the sale (by the Sheriff) of a term, and an extent of a term, and that upon sale of a term by the Sheriff, the party hath no remedy to have his term again (if any remain) after the debt satisfied as it seemeth.   

Execution upon Capias ad satisfaciendum.  
NOte, upon a Capias ad satisfaciendum, although the Defendant be not found, the Plaintiff may not have another execution, 20. E. 2. and this capias ad satisfaciendum, is only against the body, which the Sheriff must be sure to keep safe, or else perhaps pay the debt himself, and therefore if the Sheriff shall take a upon a Capias ad satisfaciendum to him directed, or shall have any prisoner to him committed for debt upon any execution, and he after shall let the Prisoner go at liberty before the debt be satisfied, the Creditor may either have his action of debt against the Sheriff and shall recover his debt, or the Creditor may have his action of the case against the Sheriff, 22 H. 7. 23 Fitz. 93. a. c.  
And if the Prisoner do escape of his own wrong against the Will of the Officer, although he escape and get out of sight or into another County, where the Sheriff or Officer hath no authority, yet if fresh suit be made and he be taken again upon the fresh suit he shall be said to be still in execution, Co. 3. 52.  
And if the Prisoner do escape against the will, and without the consent of the Sheriff or his Officer, may then the Sheriff or his Officer take him again where or whensoever he can find him by virtue of the same Writ before the return thereof, yea though it be in another County. And if that the prisoner which so escaped be followed with fresh suit and taken again before an action be brought by the Plaintiff, against the Sherriff for the escape, it shall be adjudged no escape, Co 3. 44. 52.  
And if the Plaintiff hath brought his action against the Sheriff for the escape before he hath taken the prisoner again: Or if upon the escape the Sherriff or his Officers did not make fresh suit after the Prisoner, yet in both these cases, if the escape were against the will of the Officer the Sheriff may take such prisoner again, and keep his body in custody until the prisoner hath made his agreement with the Sheriff, or otherwise the Sheriff may have his action upon the case against such prisoner, for such his wrongful escape, if the prisoner that so escaped be able to make him satisfaction. And the prisoner in these cases shall not be relieved, because the escape was of his own wrong, and without the consent of the Sheriff or Officer, co. 3. 52.  
If the connusor of a Statute Merchant or Staple is taken and dies in execution, yet the connusee shall have the execution of his goods and lands, Co. 5. 87.  
Connusor upon a Statute is taken and escape, yet his goods and lands upon the same statute may be extended.  
For although by the law unica tantum fiat executio, yet that is to be understood of an execution with satisfaction.  
Where 2. men are condemned in debt, and the one is taken and dieth in execution, yet the other may lawfully be taken in execution, co. 5, 86.  
So if two be bound jointly and severally in one Obligation, and the one is sued, condemned and taken in execution, yet the other also may be sued and taken in execution, until the Plaintiff be satisfied in deed of his entire debt, co. 5. 86.  
If a man hath judgement in an action of debt, and after the judgement, outlaws the Defendant, there if the Defendant be taken by Capias utlegat. at the suit of the King, he shall be in execution for the Plaintiff if he will, co. 5 88  
Also in all cases when the Plaintiff may have a cap. ad satisfaciendum, and the defendant is taken by cap. pro fine, there the Defendant is in execution forthwith, if the Plaintiff will, without any prayer of the party, co. ibidem.  
And in such cases, if the Sheriff suffer such prisoner to go at large, it seemeth to be an escape, and that thereby the Sheriff is subject to pay the Plaintiff his debt, Fitz. 121. p.  
By the law those which are in execution ought not to go at liberty within the prison, much less abroad, though with their keeper, but such prisoner ought to be kept in arcta & salva custodia, yea the Sheriff may keep such as are in execution in Gives and Fetters, to the intent that they may the sooner pay and satisfy their creditors 13 E. 1. cap. 11. 2 R. 2. cap. 12. co. 3. 44▪ Plow. 360. a  
Where the Sheriff hath one in execution for debt, & an Habeas Corpus cometh to him to have the body in the King's Bench at a certain day, and he carrieth his prisoner to London to an Inn etc. and the Prisoner of his own head goeth at large, and after cometh again to the Sheriff, so as the Sheriff at the day of the return of the Habeas corpus, doth deliver the body in court, this was adjudged to be no escape, for that the commandment of the Writ is performed (scil.) to have the body in court at such a day, and in such case the Sheriff may go and take what way or place he shall think to be most sure and safe for himself, and to carry his prisoner, co. 3. 44.  
It was adjudged if one being in execution no commandment, although of the K. himself without Writ, is sufficient Warrant to discharge the Keeper etc. and so by the same reason shall not discharge the Sheriff.  
But note, that inasmuch as escapes are so penal to Sheriffs, Bailiffs of Liberties, and Gaolers, the Judges of the Law have always made a favourable construction as much as the law will permit in favour of the Sheriffs, Bailiffs of Liberties, and Gaolers, who are Officers and Ministers of Justice, co. 3. 44.  
Note, if a man recover debt or damages against against another, he may choose to have a cap. or elegit, but if he take the Capias he shall not have the Elegit afterwards, nec e converso, 15 H. 7. 15.   

Fieri facias.  
THis Writ of Fieri facias is only against the goods (scil.) Leases for years or moveables goods, as , Corn, Householdstuff, Money, Plate, Apparel, and this Writ ought also to be sued within the year after the judgement. Co. 3. 12.  
In the execution of a Fieri facias, it is the surer course for the Sheriff, either to keep the goods until the parties be agreed, or else to take good security of the Plaintiff to defend and save him harmless, and to stay the returning of his Writs until he may be well advised what to do therein. But if he take a bond of the Plaintiff, it is questionable whether it be good or no in law, and not within the compass of the Statute of 23 H. 6. ca 10. to be taken colore Officii.  
But the safest and surest course for the Sheriff or Officer, is not to take in execution, or not to meddle at all with any such goods as shall not not plainly appear to them, to be the proper goods of the Defendant, for it seemeth that the Officer is bound at his peril to take knowledge whose the goods are, or at lest that they be the proper goods of the defendant.  
Note, that after the Fieri facias a man may have the Elegit, but not e contra, because the Elegit is of a higher nature than the fieri facias.  
Upon a fieri facias the Sheriff may sell a Lease or term of years, and upon a fieri facias the Sheriff ought to sell, to levy the debt, Co. 5. 90. Co. 8. 171.  
Upon a fieri facias if the Sheriff sell the goods, and after the judgement is reversed in a Writ of Error, yet the defendant shall not have restitution of his goods, but the value of them for what they were sold, and those which so buy such goods of the Sheriff may lawfully enjoy them, for the Sheriff which made the sale, had lawful authority to sell, and by the sale the Vendee hath absolute property in the goods and, if the sale of the Sheriff by force of the Fieri facias shall be avoided by subsequent reversal of the judgement than no man will buy, and by consequence no execution shall be done. Co. 5. 90. and 8. 96. and 143.   

Levari facias.  
THis Levari facias is only to be executed upon the profits of the Lands, and upon the goods, or the Sheriff may hereupon take the rends payable by the tenants in execution for the debt, and bring them in Court, but he cannot seize the land and deliver that to the party by this Writ, Plow. 441. a. and this aught to be sued within the year, after the day of payment to be made, by the recognizance, or after the judgement, for after the year the Connusee or Plaintiff is now by the Statute of Westminster, 2. cap. 45. to have a scire facias, whereby the Sheriff is commanded that he give knowledge to the Defendant that he appear in the Chancery at a certain day, there to show what he can say why he should not pay the debt or damages, and if he come not at the day, or do come and can say nothing why execution ought not to be done, than the Sheriff shall be commanded to do execution. Fitz. 266. c.  
And if the Sheriff upon the Levari facias shall return that he hath levied part of the sum (scil.) 20 l. part thereof which he hath delivered to the party, now upon this return the party which ought to have the money, may have a sicut alias Levari facias directed to the Sheriff to levy the residue of the sum, Fitz. 265. h.   

Summons.  
SUmmons is a Writ to the Sheriff to cite or warn one to appear at a certain day, and the Summons must be made by or in the presence of two or three Summoners, and these summonitors ought by law to be liberi & legales homines as it seemeth.  
In Summons in real actions, the Summoners in the presence of the Pernors or Veiors, aught to summon the tenant, first to keep his day of the return, and to name that in certainty to answer etc. Secondly, they ought to name the name of the demandant, and Lastly, they ought to name the Land in demand, co. 6. 54.  
This word Pernor, seemeth to signify the Pernor of the profits of the land, or the Occupier or Farmer, thereof. And this Veior to signify such as are sent by the Court, to take view of the place in question for the better decision of the right. Minshaw.  
Note, that the Defendant ought always to be summoned 15. days at the least before the day of the return of the Writ, 28 E. 1. cap. 15. Fitz. 177.  
Note, when the Tenant appears by the summons, he may not take advantage after to say that he was not well summoned, and so if he be essoined, for all that affirmeth the Summons, 46 E. 3. Br. Summons. 22.  
Note also, if the Sheriff shall summon him which hath no land to or by his person, and shall return him summoned, it is good. And in Actions of annuity, Covenant, or the like, Summons is the process, hath he land or not, and where a man hath no land where he may be summoned, there the Sheriff may summon him by his person 33 H. 6. 4. H. 7. 7.  
In a Writ of right of Advowson, the Sheriff may summon the Defendant in the Church, Br. return, 101. 11 H. 6.  
In a quaere impedit, the Sheriff may summon the Defendant in the Church IX H. 6. and so by advise it was done inter Lancelotum episcopum Eliens. and the Author of this book Anno 16. Jacobi regis  
In a Praecipe against 4. the Sheriff cannot summon the one but that is a summons to all, 3 E. 4. Br. Summons 10.  
In a Praecipe, there ought to be two summoners, for if there be but one, and the Tenant maketh default, and loseth by default, he shall have a Writ of deceit against the Sheriff, Plow. 393.  
Note, that the Tenant may wage his law of non summons and yet a corporation, recluse, and decrepit may not do their Law, but their summons shall be tried by the country 33 H. 6. fo. 8. Thel. 334. Quaere.   

Attachment.  
attachment cannot be by land nor by Chattel real, as a lease for years 7 H. 6. 27 H. 6. neither may a Table dormant or any other thing fastened unto the freehold be attached 21 H. 7. fo. 26. but an Attachment must be made by movables, which may be forfeited by outlary, and which shall be forfeited by the default of the party if he appear not, Br. 1. 4  
In debt, trespass or the like, a man ought not to attach the Defendant by his horse whereupon he rides, where he hath other goods whereby he may be attached, but if he hath no other goods, than the Officer may attach him by the Horse he rideth upon Br. 23. neither may a man be attached by his apparel 7 H. 6 Br. 4. But this seemeth to be understood of his apparel which is upon his body, for if his apparel lieth by him it seemeth he may be attached thereby.  
Neither shall any goods be attached but the proper goods of the party, and not goods pawned or borrowed, 35 H. 6. Br 20.  
An Attachment may be made by pledges (scil.) by finding pledges or sureties to appear, Br. Attachment, 1. 7. 9  
Also if the Officer shall give warning to the tenant in the presence of other honest men to appear, it is good enough though he made no other Attachment by the goods or pledges. 34 ess. Br. 9  
Where the Sheriff or his Officers shall attach another by a Cow or by any other goods▪ if the party appear not at the day of his return, his Cow or other goods attached are forfeited to the King, and the Sheriff shall be answerable for the value thereof, and therefore the Sheriff had need either to keep the goods attached, or else to take security to be saved harmless therein, 9 H. 7. 6. 34 H. 6. 29.  
Note, that the property of goods attached are not out of the party until the day of the return, and that he maketh default, but if at the day of the return the party make default, than the Sheriff or his Officer may take such goods as forfeit, though he hath left such goods with the party which was attached by them, and so note, that upon attachment the Officer may at his election take the goods attached with him or may leave them with the owner, and after take them upon default of appearance by the owner, 9 H. 7. 6. B. attachment 10.  

28 H. 6. 3. 4. H. 6. fo. 29. and 40. 21. E. 4. fo. 78.  Note also, that by the essoine the attchment or goods attached is saved, notwithstanding he appeareth not at the day of the essoine, Br. attachment, 3. 11. and no goods attached shall be forfeit, but in Courts of Record. But many opinions to the contrary, vide.  
A feme covert shall be attached by the goods of her husband, for the husband is to bring in his wife and the defendant ought always to be attached, 15. days at the least before the day of the return of the Writ Br. attachment, 1. 5. 6.  
Yet trial of not attached by 15. days shall be only by the examination of the Officer that makes the return, and if he be absent the attachment shall be intended to be made according to Law (scil) by 5. days and the defendant shall be awarded to answer, Br. attachment 6. 12. 17. 18.  
Also note, that in the King's Bench they allowed an attachment in an Assize of No. dis. of 8. days and of less, Br. attachment 13.  
Note, that if an indenture be made between 2. as parties, as inter A. ex una, and B. ex altera parte, 
Parties to a Deed.  and in the Deed one of them granteth or letteth a thing to another that is not named in the beginning, he is not party to the deed, nor shall take any thing thereby, Termes del ley, foe 145.  
Upon a condition for the payment of a sum of money at a certain day, although that the last time for payment of the money by force of the condition, is the fit time wherein the money may be numbered, before the setting of the Sun, yet if tender be made to him which ought to receive it at the place specified in the condition at any time of the day, and he refuse it, the condition is saved for ever, and the Mortgagor needeth not, nor the obligor etc. to make tender thereof again before the last instant; for by the express letter of the condition the moneys are to be paid upon the day indefinitely, and convenient time before the last instant, is the extreme time appointed by the law, to the intent the one shall not prevent the other, the one being sometime there, and the other not, and the other being sometimes there and the other not, and therefore the law appointeth the extreme time, in the day, to the intent that both parties may certainly meet together. But if both parties meet at any time of the same day, and the Mortgagor or Obligor etc. make tender in the place etc. to the Mortgagee etc. and he refuse, the penalty is saved for ever, Wades case, 5. pars.  
Tender of money may be made in bags, without showing or telling of it, (if the truth be that there was so much as should be paid, in the bags) for when the condition is that the Obligor or Mortgagor shall pay 250 l. the Mortgagor or Obligor do all that which is required by the law for them to do, if they provide the money and offer it to the Mortgagee or Obligee in bags, which is the usual manner to carry money, and then it is the part of the Mortgagee etc. to tell it (if he will) or if he will give trust to the Mortgagor, he may accept it without telling of it; then if the telling thereof belong to the Mortgagee etc. by consequence he ought to put it out of the bags, which is incident thereunto, for without so doing he cannot tell it: and if the Morgagor etc. put the money out of the bags, yet is it at the peril of the Mortgagee or Obligee to see it, for peradventure there may be counterfeits, and yet have a good show of good and lawful money. Also it is at his peril to tell it, Wade ibid.  
And if a man be bound in 40000 l. to be paid at a certain day, if he tender it in bags, it is sufficient, for it cannot be numbered in one day, and so hereby you may the better understand the opinion in 22 E. 4. fo. 21. it was adjudged, that where the Lessor demands rend of his Lessee according to the condition of reentry, the Lessee paid the money to the Lessor and he received it, and put it in his purse, and after in receiving thereof, at the very time he found amongst the money he had received some counterfeit pieces, and thereupon refused to carry away the money, but reentered for the condition broken. And it was adjudged that the entry was not lawful, for when the Lessor had accepted the money, it was at his peril, and after this allowance he may not take exeption to any of them. Wadescase, 5. pars foe 115. Coke.   

How to know the end and determination of any lease.  
FIrst, see what day of the month, what year of the King's reign, and in what year of the Lord, the Lease took his commencement.  
Next of all you are to note, for what number of years the Lease was granted, which being done then add that number of years to that year of our Lord, in which your Lease began, the total sum whereof being cast up will show you the year of our Lord in which the years shall end, so that if your Lease commenced at Michaelmas, it will end at Michaelmas, in the same year. Or if it begin the twenty fourth of March in that year (which is but one day before the end and change of the year) than it will end the twenty forth of March the said year: As for example;  
A Lease began Michaelmas Anno. 7. Eliz. 1564. to endure for the term of ninety years, I demand; how many years is to come of this Lease, and when the same term of years will be determined; first, I set down the day of the Month, and the year of our Lord in which the Lease took his commencement, as at Michaelmas 1564. unto which sum I add the number of years, which was granted by the Lease, being ninety years, which being cast up maketh the sum to be one thousand six hundred fifty four, in which year at Michaelmas, the years will be expired and the Lease determined: then to know how many years are to come of the same Lease, I set down the Lease will expire, and then subtract out of that sum the year of our Lord which then is, as for example one thousand six hundred twenty eight, whereby I find the substracted number to be twenty six, and so many years there is yet to come from Michaelmas 1628.  
A Lease was made for eighty years, to commence at Michaelmas 

1567.  
80  
1647. the Lease will end.    
The year of our Lord 1628. substracted, showeth that 0019. there is 19 years to come at Michaelmas. 1628.   

A Warrant to Summon a Court of Survey.  
THese are to will, and in his Highness' name, to require you to give notice & warning to be given to all & singular, the Tenants aswell Freeholders as Copiholders, and they that hold by Lease or at Will of or within his Highness' Manor of C. in the County of S. that they and every of them do make their personal appearance at his highness' Court of Survey, there to be holden upon Wednesday next, being the 16. of July 1655. by 8. of the Clock in the forenoon of the same day, at the usual place of keeping the Court of the same Manor, and that they and every of them, do then and there bring and show forth or cause to be brought and showed forth all their Deeds, Leases, Copies of Court-Rolles and all other their evidences, whereby they, and every of them, do pretend or claim to hold any Lands and Tenements whatsoever of or belonging to the said Manor. And also that they and every of them do then and there bring and show forth all such rentals, Court-rolls, Surveighes, Terrats', Suit-rolls, and all other Escripts, Writings, Minuments and Records, which they or any of them have any way concerning the said Manor, or any part, member, or parcel of the same, and to give such further attendance, in and about his Highness said service of survey as shall be of them and every of them necessarily required, whereof fail not as you tender his Highness' service, dated etc.  
Your loving friend, I. N.  
To the Bailiff of his Highness' Manor of C. or to his deputy or to every of the Tenants of or belonging to the said Manor, and the members thereof.  
'Cause this to be published in the Church at the time of divine service and cause the under Tenants to give notice to them whose undertenants they are, that dwell remote.    

ARTICLES to be enquired of at a Court of Survey and Courtbaron for the Manor etc.  
1. IMprimis, you shall declare the true circuit and general boundary or Boundaries of this Manor, 
Butts and Bonds.  and how far, and into what place or places, doth the same extend, and upon what other Lords Lands doth the same bound and border, aswell on the East, West, North and South sides, and whether have any of the general or utmost bounds, Meers, or Marks been altered, and by whom and where.  

Concealments.  2. Item, whether do any person or persons within the precinct of this Manor or any other whatsoever, covenously conceal and wrongfully occupy any part or parts of this Manor, and who the same persons be, and where and in what place, and what be the names of the grounds concealed or encroached, and in whose occupation be they, and how long have the same been concealed or enclosed.  

The mansion house & demean lands.  3. Item, you shall inquire of the chief Scyte and Capital Mansion house of this Manor, with the particular Members and buildings, and what demean Lands, Meadows, Pastures, Arable Grounds, Woods, Underwoods', & hereditaments whatsoever are belonging to the same, what be their several names and where and in what parts of the Manor do the same lie, and how be they butted and bounded, and who be now the occupiers thereof, and under what Estates, Rents, Herriots, or services to your knowledge.  
4. Item, what freehold Lands, 
Freehold  Tenements or hereditaments be holden of this Manor, who be they that be seized thereof, and what Rents, reliefs, works, customs, or other duties do they pay, or aught to pay for the same, and by what tenure to your knowledge do they and every of them hold, and how are they butted and bounded, and what quantity and number of Acres do the same contain, and what is the true yearly value thereof.  
5. Item, 
Copyhold lands.  what Lands or Tenements be holden by Copy of Court-Roll, within this Manor, who they be that are seized thereof, and what Rents, Herriots, works, customs, or other duties, do they pay or aught to pay, for the same, and what quantity and number of Acres do the Tenants severally hold, and the quality thereof, and what is the true yearly value of the same.  
6. Item, 
Tenants at will. Tenants by Indenture.  Who be they that be tenants at will or tenants by Indenture, what lands or tenements do they hold, or what rents or duties do they pay, or aught to pay for the same, and what is the quantity or yearly value thereof.  
7. Item, 
Decay of houses.  whether there be within this manor any ancient houses decayed or fallen down, or any houses or buildings out of reparations, and where and how long have the same been ruinous, decayed or out of reparations, and in whose default, and to what charge or value would the new erecting or repairing of them, or any of them amount unto.  
8. Item, you shall inquire of all the falling down, 
Wast Woods.  destruction and wastes of any Woods, Underwoods', or Trees in and upon the said Manor or any part or parcel thereof, made or done by any person or persons, and by whom, where and when, and to what value.  

Names of commons etc.  9 Item, what be the names of the Lords Wastes, Heaths or Commons, of what name or kind soever belonging to this Manor, which of them are free for the Lord of this Manor to use in severalty▪ and who be they that do enter-common with the tenants of this manor, in any part or parts thereof, and with what Chattel, and where and bywhat right, custom or duty to your knowledge.  

Enter commoners.  10. Item. Whether may the Lords and Tenants of this Manor enter-common in the Wastes, Downs, Heathes, Moors, or commons of any other Manors or Lordship. And if they may, then with what kind of Cattle, and what be the names of the Manors and commons, and who is now seized thereof to your knowledge.  

Exchange of Land.  11. Item, what exchanges have been made of any land within this Manor, by whom, when and where were the same exchanges made, and what lands and for what term.  

Lands forfeited or escheated.  12. Item whether have any parts or members of this Manor been forfeited, or escheated, or ought have been unto the Lord of this Manor, and not yet seized to his use, by reason of any death, Bastardy, granting of Leases without licence, aliening of copyhold land by feoffment, Wast, Demise, or otherwise, what, and were be the same lands, and who do occupy the same, and how and in what manner were the same so forfeited or escheated.  
13. Item, what Herriots, reliefs or other duties, 
Herriots reliefs etc.  are or aught to be due unto the Lord of the Manors, upon the decease of any tenant of what estate soever, or upon any alienation or surrender, and whether such as do hold under divers rents, aught to pay divers Herriots. And if they do, of what kind or kinds be the said Herriots, or ought the same to be to your knowledge.  
14. Item what quit rents, works, 
Quitrents, work, customs etc.  customs or other duties, are or have been of old time, of right paid out of this manner, and to what person or persons, and upon what cause.  
15. Item, you shall inquire if any evidences, Court-Roles, or writings belonging to this Manor, 
Writings or Court-Rolles concealed.  are withheld or kept back from the Lord of this Manor, and by whom.   

The interpretation, explanation, and meaning of divers words used in ancient Charters, etc.  

Fleta, Sock.  A Power to seek after Thiefs, and to do justice upon them after such inquisition.  
Also a Liberty to have Suitors to their Courts that have the same.  
Also it is taken for a company of Tenants which live within such a Liberty, and they are by the same exempted from the common services of the Prince and Country whereunto other Subjects are ordinarily bound.  

Sochemans.  Are men to whom some special Liberties are given.  

Ham Socha.  Is the dwelling of a Farmer.  

Dr. Cowel.  Ham is a Town, and from thence comes Hamlet.  
Sack. Signifieth [Causa] and from thence cometh this saying, For whose sake, scilicet, For whose cause.  

Skene de verb. signif. Lam. f. 132. Sack.  Is called, Placitum & emenda de transgressione hominum in curia nostra.  
It is the Amerciament paid by him which denieth the thing proved against him to be true, or affirmeth the contrary to the truth.  

Fleta, Sack.  Significat acquietantiam de Secta ad Comitatum & hundredum, l. 1. c 47.  

Cassaneus in consuetudine. Thol or Toll.  Tolvetum, alias Theo onium, hath two significations, viz.  
1. A Liberty to buy or sell within a certain precinct, which importeth to a Fair or Market.  
2. And in the second it is a Liberty to take Toll, as to be free from the payment thereof.  
He that is enfeoffed with Toll is Custome-free, and payeth no custom, 
Skene▪  when it is written, Hoc est quod vos & homines vestri de toto homagio vestro fint quieti de omnibus mercanciis & de tolveto de omnibus rebus emptis & venditis.  
Privy contracts were held unlawful, and therefore the Lord of the Fair or Market in testimony of the contract, received toll.  
Is a power to have slaves which are called Nativi, Bondi, & Villani. 
Team alias Theme.  And all Baronies enfeoffed with Theme hath the same power; for unto them, their Bondmen, their Children, Goods and Chattels properly belong. It is a Royalty granted only by the King himself.  
A compound of three Saxon words, 
Infangthef.  the Preposition In, fang to take, thef a Felon.  
Infangthef est Justicia cognoscentis latroni● de homine suo, si captus fuerit super terram suam. Illi vero qui non habent has consuetudines coram Justicia regia rectum faciant in Hundredis & Wapentagiis vel Shiris.  
An out-taken-thief, 
Vtfangthef, Bracton l. 2. c. 24.  diciturlatro extraneus veniens aliunde de terra aliena & qui captus fuerit in terra ipsius qui tales habet libertates.  
Significat acquietanciam misericordiae intrationis in domum alienam, vi & . 
Handsok, Fleta l. 1. c 47.   
Grith a word of the old Angles signifying Peace. Brich quasi Breach. 
Grith brich, Rastal expositione verborum.   
Those amerciaments due for Bloodshed.  
Blout in Saxon est Sanguis, & Wite est Culpa. 
Blodwite, D. Cowel.   
A liberty to take amerciaments pro melletis. 
Flitwite.   
Bona utlegatorum. 
Fredwite.   
Significat quietanciam misericordiae de latrone suspenso absque consideratione. 
Hengwite, Fleta l. 1. c. 27.   
Cowel, 
Cowel.  est muleta pro homine injuste suspenso.  

Li●…wite.  Is a liberty to take amends of him that defiles your Bondwoman.  

Flemene frith.  A liberty to challenge the  or amerciaments of your man a Fugitive.  

Forstall.  To be quit of amerciaments, and cattle arrested within your lands and the amerciaments thereof coming.  

Gidel, Grest.  A kind of purgation in old time, whereof there was two sorts, viz. per ignem & aquam.  

Henfare.  An amerciament for flight for murder.  
Vetito namio, is power to have Pleas of Withernam, that is, if any of his men or Tenants to whom such power is given, be arrested in another Liberty, the next man of that liberty that comes into his Fee shall be taken and detained until the other be freed.  
In a Charter of King Edward the Third, dated at Walton 25. Junii Anno Regni sui 12. reciting divers former Charters, doth declare and grant, That by the obscure, and dubious, and general words in the former Charters the Grantees should have all amerciaments, as well of Freemen as of Villains, and that they should receive all that the King ought to have for any fault or transgression to be amerced in the Court of the King, before the Barons of the Exchequer, before the Justices of the Bench, or before his Justice's Itinerant at Common Pleas, or before his Justices assigned to take Assizes, or to deliver Goals, or to whatsoever Inquisitions to be made, or amerced before any other Justices, Sheriffs, Inquisitors, Reeves, Bailiffs, or other ministers, as well of the Forests as others, to whatsoever Office they were deputed by the King. And that they have the Goods and Chattels of Utlaws, Condemned persons, and Fugitives, and of Felons, as w●ll of themselves as of all other Felons. And that they have all the Goods and Chattels forfeited of all their men and Tenants, resident or not resident, and of all others resident within or upon their Tenements, Lands or Fees.  
There are divers Immunities granted by divers old Charters, as to be quit de Geldi●…, Danageldis, Hildagiis, Carucagiis, Auxilis, Wardpenny, Averpenny, Thething penny, Theolonio, Pontagio, Passagio, Pavagio, Cestagio, Tallagio, Carriagio, etc. And are explained in that which follows.   

Certain Saxon words in Doomsday Book expounded by Mr. Agar of the Receipt in the Exchequer.  

A.  

ALne●um, a place where Alder-trees grow.  
Alodium, the old translation of the Saxon Laws useth this word for Bockland.  
Aloacii, or rather as I take it, Alodacii, they that hold Bockland or Charter-land.  
Arabant, they that held by tenure of Ploughing and Tilling ground.  
Arpens, the Frenchmen say that an hundred Perches make an Arpent. 

18. Foot a Perch.  
12. Inches a Foot.  
Columel l. 5. c. 1.  
Demi-arpent they take for Jugum or Jugerum.    
Arsura, concerning Coinage.  
Avera, Service or Avarage.    

B.  

BAtsweines, we call them Botswains or Bothouls.  
Berewich, I am of Mr. Cambden's mind in his Book, that it signifieth a Town-parcel, or belongin to another.  
Berquarii, I take it for to be Shepherds, we call Bercarium a Shepherd, both seem to come from the French Beragi●….  
Bordacii, they be Tenants that occupy part of the Demesns which are called Bordlands, i. Terra ad. mensam.  
Bruaria, we call that which the Latins term Erica Bruere, Heath.  
Burse or Colibti, it may be this word is written for Bury, which sometime I read in this Book, Bure, is that which the Dutchmen call a Boar, Col●…s a Paysant.  
Burgheristhe, I think it should be Burgberiche, Violatio Pacis in villa.  
Buzecatle, Bursecapls or Botsecals, the same that Botswain. Merchiner or Shipmen.    

C.  

CAballa, I think it should be Caballus a Horse.  
Caruca, a Plough.  
Carucata, a Plough and Land.  
Censarii, such as might be taxed.  
Cervisarii, the Saxons had a duty called Drinkleum, that is, retributio potus, Canutus Laws c. 8. 28. 38. whereupon such Tenants may be called Cervisarii.  
Circset, the Saxons call it Cirikseat, but Fleta calleth it Circse●, quasi semen ecclesiae, Corn paid to the Church.  
Coliberts, see Burf.  
Cosez, Cottages.  
Cotemen, Cotigers of Coten or Coath, an house.  
Cuna servicii, a Can of Drink.    

B.  

DEna terrae, a hollow place between two Hills.  
Drenches, in Cheshire a Fermor.    

F.  

FOrtgingels, Ferthindel is the fourth part of an Acre or Penny, or any thing else.  
Ferlingi, a quantity of Land in Huntingdon, Somerset, and Hampt.  
Feudum, that which we call Feodum.  
Firma, Rend in money or victual, but properly in victual in the Charter of Edgar to Ely it is limited for a penalty to pay one nights ferm, if the privileges be broken by any man.  
Foristell, Forestall, the stopping of ways, that is now used for such as buy things before they come at the market.  
Fraxmetum, a place where Ashes grow.  
Frustum terrae, a piece of Land.    

G.  

GAllum, the Saxons called it Gasell, custom paid to the King or rent.  
Garb, Garben, a Sheaf of corn.  
Garsum ●…e, a Fine or Amerciament.  
Goldum, Solutio.  
Gribrige.  
Grith brecbe, Fractio pacis.    

H.  

HAga est in Burgo vel in Civitate.  
Hangennita.  
Hanguits, Latro suspensus sine indicon.  
Harduices in Burgo Glouc. ubi sunt currucat. terrae & villanni.  
Heed, or rather a Hide, a port or landing-place.  
Henfare, an amerciament for flight for murder.  
Hesthas, a service to the King in Closhaw.  
Hasta, I think rather it should be so written.  
Henewarde, a duty to the King in Cambridgshire.  
Hominacio, it may be called Dominacio; many use Hominum where we use Homagitum.  
Huscarbus Famulus, a servant in your house.  
Hida, an uncertain quantity of arable land in several Counties.    

I.  

INewardus, one attending the King in Hereford and Cambridgshires.  
Inland, so the Saxons call the Demesns of a manor, and the Lands that were holden of them Vtland.  
Jugum half an Arpent, 50. Perches, nota, that in one place of Doomsday Book it is said, tenet unum jugum terrae, & ust di. car.    

L.  

LAgeman, that is, homo habens legem. Lagh is Law.  
Landgeble, the Saxons call both rents and customary payments of works, or other things, and tribute Gastel, and they had special names for sundry sorts; as Beregavel, payment of Burly-cheese; Gavel, rent-cheeses; Pridgavel the Welshmen use for Landgavel.  
Legruita, or rather Lethervita, but more usually Lierwite, punishment for lying with a woman.  
Lenna, A mesne of a mile of Land.  
Lenga, A mesne of a mile of Land.  
Lennides, A mesne of a mile of Land.  
Libras arsas pensatas, a quantity of coin.    

M.  

Mansum, Houses.  
Mansura, Houses.  
Marsum, a quantity of of coin, qu●…re.    

P.  

PAracium, the tenure that is between parceners, viz. that which the youngest oweth to the eldest.  
Pasuagium, money taken for mast or feeding of Hogs, we call it Pannage, Bracton calleth it Pessona.  
Pensa, in Saxon Peza, a weigh of cheese or other thing.    

Q.  

QVarentena, that which the Saxons call Furlang, is translated Quarentena in divers places.    

O  

RAdechenistres, Bracton amongst other tenors speaketh of Rhode Knights, which I suppose this word expresseth, Radechenight, for i. is written often-in Doomsday Book for C. or K. as Chent for Kent, their tenure is to ride with their Master or Mistress, the Saxons call Pad●…ayarney.  
Radmans', I think it all one with the former word, unless peradventure this be derived from Reade, counsel, and so Readmans' signifieth Counselors.  
Relevation.  
Revalementum, a French word of Celever, to lift up again, for the Land by the Tenant's death is as it were fallen into the Lords hands, and the Heir raiseth it up again; but that which the Book of Doomsday mentioneth, seemeth rather to express the Harriot or Heryate of the Saxons spoken of in Canutus' Laws, c. 69▪  
Reveland, that is reaved from the King.    

S.  

SAca, Conusans of Pleas in causes concerning his own Tenants.  
S●ca, Suit to ones Court, or Mill, or any other liberty.  
Scangium, exchange, quaere.  
Scotum, solutio.  
Sochemans.  
Sochi, Sochemanni, men to whom some special liberties and privileges are given.  
Solin & Solus, 400. acr. & di faciunt 2. Solinos & di.    

T.  

TAilla, Taxes or Tallages.  
Taini thegnes ministri Regis vel aliorum.  
Taniland, terra quam tenuerunt Thani.  
Trabes, Thraves, Corn, 24. Sheafs make a Thrave, vel potius, a weigh of Corn.     

The four Terms with their Returns.  

Hillary Term beginneth Jan. 23. and endeth Feb. the 12.  
In 8, days of St. Hillary. Jan. 20 Jan. 21. Jan. 22. Jan. 23.  
From the day of St. Hillary in 15. days. Jan. 27. January 28. January 29. Jan. 30.  
In the morrow of the Purification of the blessed Mary Feb. 3. Febr. 4. Febr. 5. Feb. 6.  
In 8. days of the Purification of the blessed Mary, Feb. 10. Feb. 10. Feb. 11. Feb. 12.   

Easter term gins 17. days after Easter and ends and returns.  
FRom the day of Easter in 15. days  
From the day of Easter in three weeks.  
From the day of Easter in one Month.  
From the day of Easter in three weeks.   

Trinity Term gins the Friday seven-night after Whitsunday.  
On the morrow of the holy Trinity.  
In eight days of the holy Trinity.  
From the day of the holy Trinity in fifteen days.  
From the day of the holy Trinity in three weeks.   

Michaelmas term gins the twenty third of October and endeth the 28. of No.  
1. FRom the day of St. Michael in three weeks Octo. 20. Octob. 21. Octob. 22. Oct. 23.  
2. From the day of S. Michael in one month Octo. 27. Octo. 28. October. 29. Octo. 30.  
3. On the morrow of all Souls No. 3. Novem. 4. Novem. 5. Nou. 6.  
4. On the morrow of St. Martin No. 12. Nou. 13. Nou. 14. Nou. 15.  
5. In the days of St. Martin No. 18 Novem. 19 Nou. 20. Nou. 21.  
6. From the days of St. Martin. in 15. days, No. 25. Novem. 26. No. 27. Nou. 28.    

A SUPPLEMENT TO HE LAW OF CONVEYANCES OR, decimal Tables, For the speedy and exact computation of the Interest and Rebate of Money, and Annuities, whether in present, or reversion.  
With a CONCORDANCE of years from the time of WILLIAM the CONQVEROR, until the present time, whereby the year of our Lord, and the year of each King may be presently found.   

A SUPPLEMENT TO THE LAWYERS DIRECTORY,  

CHAP. I. To convert the parts of a pound into decimals and the contrary.  
IN the buyng and selling of Land or Houses we ought, as well, to consider the value of that which is bought or sold, as the manner of conveyance: now the interest of money being the general ground to value the purchase by; we will here annex such propositions thereof, as are convenient to be known by the buyer and the seller both.  
And the propositions or questions concerning money, are of two sorts, viz. such as have reference to the increase, or to the rebate thereof.  
The increase or interest of money is either simple or compound.  
Simple interest, is that which ariseth or is computed from the increase of the principal only, as if a 100 l. be forborn two years, the simple interest thereof after the rate of 6. pounds for 100 pounds for 1. year, will be 12. pound, viz. 6. pound due at the first year's end, and 6. pounds due at the second years end.  
Now the questions of simple interest being in our usual Tables performed by addition only, do seem very easy, but many times there are so many sums to be added together, that it proves very tedious in the operation, and multiplication which is nothing but a speedy addition in numbers of several denominations will I am sure to the generality of men be much more difficult; but the difficulty hereof may be avoided, by the table, entitled of a Table reduction of money into decimals, and the contrary; for illustration sake we will add an examle in each.  

To reduce money into decimals.  
LEt it be required to find the decimal answering to 6 l. 7 s. 5 d. 3. farthings, your pounds are integers of themselves and need no reduction, and because 2. shillings is the tenth part of a pound, half the number of shillings is the decimal thereof to be annexd to the number of pounds with a point between, thus in our example the decimal of 6 l. 7 s. is 6. 3. etc. rather it is the decimal of 6. 6. for the half of seven cannot be exactly taken, and therefore have taken the least half, for the decimal sought, I look the remainder which is 1. shilling 5. pence 3. farthings in the table, and I find the decimal thereof to be, 739583. which being annexed to 6. 3. the decimal of 6. 7. shillings 5. pence 3. farthings, will be. 6.3739583.   

To find the value of a decimal given in the known denomination of money.  
LEt it be required to find the value of this decimal in money, 6.3739583. the 6. which is severed from the rest by a prick, is the integer and represents 6 l. the next figure which is 3. being doubled is 6. s. and the remainder 739583 being sought in the table, gives me 1. shilling 5. pence 3. farthings: and therefore the sum represented by the decimal is 6 l. 7. shillings 5. pence 3. farthings; and the several denominations or parts of a pound, as shillings, pence, and farthings, being thus reduced into one denomination or into a decimal, all questions concerning the interest or rebate of money, whether simple or compound, may be with much ease and exactness answered by multiplication and the help of these tables following; as shall appear by example, first in simple and then in compound interest.    

CHAP. II. Of Simple Interest.  
BEfore we can compute the interest of any sum of money propounded, we must have given the time after which it is lent, and the rate of the profit required, and our bonds for money lent are usually made for six months' time, but if we reckon that in the usual manner, from a certain day in one month, to the same day in the sixth month following, there will be one or two day's error: as from the tenth of February reckoned by months, the six months or half year will fall upon the tenth of August, but there being 365. days, in a year, the half thereof is 182. days and an half; and because it is fit to allow the time to the borrower rather than lender, you cannot account less than one hundred eighty three, which being reckoned from the tenth of February, will fall upon the twelfth of August, two days beyond the other, to prevent all such mistakes, we have in the Table, entitled a Table of simple interest at 6. per cent. besides the number of days in every month, added the days in a year, by which you may know the exact time of any part of a year in days, as well as the interest due for any time or number of days.  
For one month 〈◊〉 the twelfth part of a year we ought to reckon 31. days.  
For 3. Months or one quarter 92. days.  
For six months or half a year 183. days.  
For 9 Months or 3. quarters. 274. days.  
And how you may know from any time given, when any of these terms exspire we will clear by example.  
Question, 1. If a bond be dated the 5. of March, when is the 3. month or 92. days expired?  
To answer this question, I observe in the Calendar what number of days answer to the fifth of March, and I find 64. to which if you add 92. they make 158. and the day of the month answering to 158. days is the 7. of June, and that is the day on which the 3. months doth expire.  
Question, 2. If a sum of money be lent from the the 17. of July, to the 29. of November, for how many days is the money lent?  
To answer this question, Observe what number of days do answer to the 29. of November, which are 333. as also what number of days do answer to the 17. of July, which are a 198. these being substracted from 233. there remains 135. the number of days required.  
Question 3. If a sum of money be lent from the 8. of October, to the 13. of February following, for how many days is the money lent?  
For answer hereunto, as in the last question, you must deduct the number of days answering to the 8. of October, which are 281, from the number of days answering to the 13. of February, which are 44. but because that cannot be done, you must add thereto, 365. the number of days in a whole year, they make 409. from which deducting 281. there remains 128. the number of days required.  
Having thus stated the time for which the money is lent, we will now show you how to compute the interest.  
Question 4. What is the interest of 325. pounds 9 shillings 7. pence 3. farthings, for 128. days, at 6. per cent, simple interest.  
For answer to this question, I seek in this Table against the number of days, given 128. the interest of one pound for that time, which is 0210410. and turning the 9 shillings seven pence three farthings, into a decimal, by the Table of reduction, the pounds given, with the decimal parts will be 325.4822917. and then the proportion will be this; As 1 l. or 1.0000000.  To the sum given, 325.4822917.  So is the number in the Table, 0210410.  To the interest sought.  Now than if you multiply 325.4822917 By the interest of 1 l. 0210410  32548229170  13019291668  32548229170  6509645834 The product is, 684847289965970  
From which if you cut of 14 figures, because there are so many figures in the decimal parts of both the terms given, the figure remaining is 6. and that is the interest in pounds, and the figures cut are the fraction of a pound, in the valluation whereof, you may double the first figure, and that will give you the shillings and so the first figure of this fraction be 8. the double gives me 16. shillings, the rest 48472. etc. I look in the table of reduction and they give me 11. pence 2 farthings, and therefore the interest of 325 l. 9 s. 7. pence 3. farthings, for 128. days at 6. per cent. simple interest is 6. pound, 16. shillings 11. pence 2. farthings. And thus may you find the simple interest of any greater or lesser sum, for any time under a year, and also for any number of years required; we will next show you how to compute the rebate of money at simple interest.   

CHAP. III. Of simple Rebate.  
REbate or discount of money is, when a sum of money due at any time to come is satisfied by the payment of so much present money, which being put forth at a certain rate of interest for the said time, would become equal to the sum first due: and thus if 50. pound not due till two years hence, to be satisfied by the payment of present money upon rebate, after the rate of 6. pound per cent. per annum, simple interest, there ought to be so much ready money paid, which in two years' time after the said rate of interest would be augmented unto 50. pounds: and to find what that sum is, use this analogy.  
As the sum propounded with the interest thereof  
For so long time as is propounded  
Is to the sum propounded:  
So is the sum propounded  
To its worth in ready money.  
Now the simple interest of 50. pound for 2. years is 6. pound, I say therefore,  
As 56. pound to 50. pound, so is 50. pound to its worth in ready money.  
And therefore to answer this question, I multiply 50. pound by 50. pound, and the product is 2500. l. which being divided by 56. the quotient will be 44. 64285. that is 44. pound, 12. shill. 10. pence, farthing.   

CHAP. IU. Of Compound Interest.  
COmpound interest is that which ariseth from the principal, and also from the interest thereof, and therefore is called interest upon interest. As if 100 pound be forborn three years, and compound interest thereof is to be computed at the rate of 6. per cent. per annum, there will arise besides the simple interest of the principal for three years, the interest of 6. pound due at the years end for 2. years, and the interest of 6. pound due at 2. years' end, for 1. year, to compute this for any number of years under 31. at the rates of 6, 7, or 8. per cent. use this analogy.  
As 1. pound or 1.00000  
Is to the number in the Table.  
So is the sum given  
To the principal and interest required.  
Quest. 1. If 345. pounds be forborn or respited until the end of seven years, what will it then be augmented to after the rate of 6. pound per cent. per annum compound interest?  
In the second Column of the Table, entitled, [A Table showing what 1. pound will amount unto, etc.] right against 7. years is 1.50363. which shows that one pound being forborn 7. years, will be augmented unto 1.50363. at the rate of 6. per cent. per annum compound interest.  
Therefore, if 1. l. be augmented to 1.50363 What shall 345  751815  601452  451089 The product 518.75235  
From which if you cut of 5. figures, because there are 5. figures of decimal parts in the sum multiplied the remainder, 518. is the l. to which it is augmented, and 75235. are the parts of a pound, and 7. the first figure thereof being doubled, give 14. shillings, the rest give 1. shilling 2. farthings, and so 345 l. will in 7. years be augmented to 518 l. 15. shillings 00. pence 2. farthings.  
Question 2, What will 15 l. annuity for 5. years payable yearly, be augmented unto, being all unpaid or forborn until the end of the said term, accounting compound interest at the rate of 1. per cent, per annum?  
In the second column of the Table, entitled a table showing what 1 l. annuity will amount unto and right against 5. years is 5.63709. which being multiplied by 15. l. the product is 84.55635. that is, cutting off 5. figures, 84 pounds, and the fraction reduced is 11. shillings, 1. penny 2. farthings.   

CHAP. V Of rebate or discount of money according to compound interest.  
AS in simple, so likewise in rebate according to compound interest, so much ready money ought to be paid, which at the rate of compound interest, for the time agreed upon, would become equal to the sum first due, as the other is to do at simple interest; and will be manifest by the following questions.  
Question. 1. If 356 pounds he payable at the end of 7. years, what it is worth in ready money, discounting after the rate of 7 per centum, per annum compound interest.  
In the third column of the fifth Table right against 7. years is 622749. being the ready money equivalent unto 1 l. due at the end of 7. years, which being multiplied by 356. the product is 221.698534. that is cutting off 6. Figures and reducing the parts 221. pounds 14. shillings proxime.  
Question, 2. What is the present worth of an annuity, or rend of 50. pound per annum payable yearly for 21. years accounting compound interest, after the rate of 6. per cent. per annum.  
In the second column of the 6. Table, right against 21. years is 11.75407, which being multiplied by 50. the product is 588.20350. from which cutting off 5. figures for the decimal parts of the number found in the table, the answer is 588 l. and reducing the parts, 4. shillings, 3. farthings.  
Question, 3. What annity to begin presently and to continue 21 years payable at yearly payments will 588. pound 4. shillings 3. farthings purchase, compound interest being reckoned at 6. per cent. per annum.  
In the second column of the 7. Table right against 21. years is 085. which being multiplied by 588. 203125. the decimal of 588 l. 4. shillings 3. farthings, the product is 49 998065325. from which if you cut 9 figures for the number of parts in both the terms given, the yearly annuity is 49. pounds and the decimal 99806 etc. gives 19 s. 11. pence, 2. farthings.  
Question, 4. What is an annuity of 25. pounds per An. for seven years payable yearly, and to begin 3. years hence, compound interest after the rate at 6. per cent, worth i●… present.  
First find by the second question of this Chapter, what an anuity of 25. pounds per annum, for 3. years at the rate propounded, is worth in ready money, and then what an annuity of 25. pounds, per annum, for 3. and 7. years, that is for 10. years at the same rate, is worth in ready money, the difference of these two is the answer to the question propounded.  
In the second column of the 6. table, right against 3. years is 2.67301. which being multiplied by 25. the product is 66.82525. and the number answering to 10. years is 7.36008. which being also multiplied by 25. the product is 184.002005 from which deduct 66.82520 there rests 117.17675 that is according to the former directions 117. pounds 3. shillings 6. pence farthing, the present worth of the 7 years in reversion.  
Question, 5. If the Lease of a house or lands be worth 127 l. fine, and 9 l. rent per annum, payable yearly for 20. years, and the Lessee be desirous to bring down the fine to 40 l. and so to pay the more rend, the question is, what rend the tenant shall pay, accounting compound interest at the rate of 6. per centum per annum.  
Find the difference between the fines which is 87 l. then by the seventh table find what annuity or rent to continue 20. years, is equivalent, unto 87 pound ready, so will you find 758466. that is being reduced 7 l. 11 s. 8. pence 1. farthing, which being added to the old rent 9 l. giveth 16 l. 11 s. 8. pence 1. farthing; which the tenant must pay, to the end that the fine may be diminished unto 40. pound.  
Question, 6. There is a lease of certain Lands to be let for 20. years for 40. l. fine and 16. shillings 8. pence 1. farthing rend. per annum, payable yearly, but the tenant is desirous to pay less rend, viz. 9 l. per annum, and to give a greater fine, the question is, what fine aught to be paid to bring down the rent to 9 l. per annum, accounting compound interest at the rate of 6. per centum per an:  
Find the difference between the rents which is 7 l. 11. shillings 8. pence 1. farthing, then by the 6. Table see what an annuity or rent of 7 l. 11. shilling 8. pence, 1. farthing per annum, to continue twenty yearers is worth in ready money, so shall you find eighty six pound nineteen shillings ten pence proxime, which being added to the first fine forty pound gives 126. pound 19 shillings 4. pence, which the tenant must pay, to the end that the rent may be brought down to nine pound per annum.  
Question, 7. There is a lease of certain lands worth 32 l per annum, more than the rend paid to the Lord for it, of which Land there is a Lease yet in being for 7. years, and the lessee is desirous to take a Lease in reversion for 21 years to begin when his old Lease is expired, the question is what sum of money is to be paid for this lease in reversion? accounting compound interest at the rate of 6. per cent. per an.  
Find by the 6. Table, what 32. pound rend is worth in ready money for 21. years, as if it were to begin presently, which will be found 376. 4.5024 l. then by the 5. table find what 376.45024 l. due at the end of 7. years to come, is worth in ready money, so will it be 250 l. 7. s. 2. d. proxime, which is the answer to the question.    


The first Table. A Table turning Shillings, Pence, or Farthings, into decimal parts.  S. d. Decimals 1. 1 010417  020833  031250 0. 1 041667  052083  062500  072917 0. 2 083333  093750  104167  114583 0. 3 125000  135417  145833  156250 0. 4 166667  177083  187500  197917 0. 5 208333  218750  221967  239583 0. 6 250000  260417  270833  281250 0. 7 291667  302083  312500  322917 0. 8 333333  343750  354167  364583 0 9 375000  385417  395833  406250 0.10 416667  427083  437500  447917 0.11 458333  468750  479167  489583 1. 0 500000  510417  520833  531250 1. 1 541667  552083  562500  572917 1. 2 583333  593750  604167  614583 1. 3 625000  635417  645833  656250 1. 4 666667  677083  687500  697917 1. 5 708333  718750  729167  739583 1. 6 750000  760417  770833  781250 1. 7 791667  802083  812500  822917 1. 8 833333  843750  854167  864583 1. 9 875000  885417  895833  906250 1.10 916667  927083  937500  947917 1.11 958333  968750  979167  999583 2. 0 1.000000 
The second Table. A Table showing the Simple Interest of one pound for the first 4. Months of the year at 6. per Cent.  Days  January  Febru.  March  April day Parts day Parts day Parts day Parts 1 1 000164 32 005261 60 009863 91 014959 2 2 000329 33 005425 61 010027 92 015123 3 3 000493 34 005589 62 010192 93 015288 4 4 000657 35 005753 63 010356 94 015452 5 5 000822 36 005918 64 010520 95 015616 6 6 000986 37 006082 65 010685 96 015781 7 7 001151 38 006246 66 010849 97 015945 8 8 001315 39 006411 67 011014 98 016109 9 9 001479 40 006575 68 011178 99 016274 10 10 001645 41 006739 69 011342 100 016438 11 11 001802 42 006904 70 011507 101 016603 12 12 001973 43 007068 71 011671 102 016767 13 13 002137 44 007233 72 011836 103 016931 14 14 002301 45 007397 73 012000 104 017096 15 15 002466 46 007562 74 012164 105 017260 16 16 002630 47 007726 75 012329 106 017425 17 17 002794 48 007890 76 012493 107 017589 18 18 002959 49 008055 77 012657 108 017753 19 19 003123 50 008219 78 012822 109 017918 20 20 003288 51 008383 79 012986 011 018082 21 21 003452 52 008548 80 013151 111 018246 22 22 003616 53 008712 81 013315 112 018411 23 23 003781 54 008877 82 013479 113 018575 24 24 003945 55 009041 83 013644 114 018739 25 25 004109 56 009205 84 013808 115 018904 26 26 004274 57 009369 85 013973 116 019068 27 22 004438 58 009534 86 014137 117 019233 28 28 004603 59 009699 87 014301 118 019397 29 29 004767   88 014466 119 019562 30 30 004931   89 014630 120 019726 31 31 005096   90 014794   
The second Table. A Table showing the Simple Interest of one pound for the second 4. Months of the year at 6. per Cent.  Days  May  June  July  August day Parts day Parts day Parts day Parts 1 121 019890 152 024986 182 029918 213 035014 2 122 020055 153 025151 183 030082 214 035179 3 123 020219 154 025315 184 030246 215 035342 4 124 020383 155 025479 185 030411 216 035507 5 125 020548 156 025644 186 030575 217 035671 6 126 020712 157 025808 187 030739 218 034836 7 127 020877 158 025973 188 030904 219 036000 8 128 021041 159 026137 189 031068 220 036164 9 129 021205 160 026301 190 031233 221 036329 10 130 021369 161 026466 191 031397 222 036493 11 131 021534 162 02663● 192 031562 223 036657 12 132 021699 163 026794 193 031726 224 036822 13 133 021863 164 026959 194 031890 225 036986 14 134 022027 165 027123 195 032055 226 037151 15 135 022192 166 027288 196 032219 227 037315 16 136 022356 167 027452 197 932383 228 037479 17 137 022520 168 027616 198 032548 229 037644 18 138 022685 169 027781 199 032712 230 037808 19 139 022849 170 027945 200 032877 231 037973 20 140 023014 171 028109 201 033041 232 038137 21 141 023178 172 028274 202 033205 233 038301 22 142 023342 173 028438 203 033369 234 038466 23 143 023507 174 028603 204 033534 235 038630 24 144 023671 175 028767 205 033999 236 038794 25 145 023836 176 028931 206 033863 237 038959 26 146 024000 177 029096 207 034027 238 039123 27 147 024164 178 029260 208 034192 239 039288 28 148 024329 179 029425 209 034356 240 039452 29 149 024493 180 029589 210 034520 241 039616 30 150 024697 181 029753 211 034685 242 039781 31 151 024822   212 034849 243 039945 
The second Table. A Table showing the simple Interest of one pound for the last four months of the year, at 6. per Cent.  Days September October November December Day Parts Day Parts Day Parts Day Parrs 1 244 040109 274 045041 305 050137 335 055068 2 245 040274 275 045205 306 050301 336 055233 3 246 040438 276 045369 307 050466 337 055397 4 247 040603 277 045534 308 050630 338 055562 5 248 040767 278 045699 309 050794 339 055726 6 249 040931 279 045863 310 050959 340 055890 7 250 041096 280 046027 311 051123 341 056055 8 251 041260 281 046192 312 051288 342 056219 9 252 041425 282 046356 313 051452 343 056383 10 253 041589 283 046220 314 051616 344 056548 11 254 041753 284 046685 315 051781 345 056712 12 255 041918 285 046849 316 051945 346 056877 13 256 042082 286 047014 317 052109 347 057041 14 257 042246 287 047178 318 052274 348 057205 15 258 042411 288 047342 319 052438 349 057369 16 259 042575 289 047507 320 052603 350 057534 17 260 042739 290 047671 321 052767 351 057699 18 261 042904 291 047836 322 052931 352 057863 19 262 043068 292 048000 323 0530●6 353 058027 20 263 043233 293 048164 324 053260 354 058192 21 264 043397 294 048329 325 053425 355 058356 22 265 043562 295 048493 326 053589 356 058520 23 266 043726 296 048657 327 053753 357 058685 24 267 043890 297 048822 328 053918 358 058849 25 268 044055 298 048986 329 054082 359 059014 26 269 044219 299 049151 330 054246 360 059178 27 270 044383 300 049315 331 054411 361 059342 28 271 044548 301 049479 332 054575 362 059507 29 272 044712 302 049644 333 054739 363 059671 30 273 044877 303 049808 334 054904 364 059836 31   304 049973   365 060000 
The third Table. A Table whereby to find the increase of Money in Compound Interest, or Use upon Use, at the Rates of 6, 7, and 8 per Centum, per Annum.  Years 6 per Cent. 7 per Cent. 8 per Cent. lb. Parts. lb. Parts lb. Parts. 1 1.06000 1.07000 1.08000 2 1.12360 1.14490 1.16640 3 1.19101 1.22504 1.25971 4 1.26247 1.31079 1.36048 5 1.33822 1.40255 1.46932 6 1.41851 1.50073 1.58687 7 1.50363 1.60578 1.71382 8 1.59384 1.71818 1.85093 9 1.68947 1.83845 1.99900 10 1.79084 1.96715 2.15892 11 1.89829 2.10485 2.33163 12 2.01219 2.25219 2.51817 13 2.13292 2.40984 2.71962 14 2.26090 2.57853 2.93719 15 2.39655 2.75903 3.17216 16 2.54035 2.95216 3.42594 17 2.69277 3.15881 3.70001 18 2.85433 3.37993 3.99601 19 3.02559 3.61652 4.31570 20 3.20713 3.86968 4.66095 21 3.39956 4.14056 5.03383 22 3.60353 4.43040 5.43654 23 3.81975 4.74053 5.87146 24 4.04893 5.07236 6.34118 25 4 29187 5 42743 6.84847 26 4.54938 5.80735 7.39635 27 4.82234 6.21386 7.98806 28 5.11168 6.64883 8.62718 29 4.41838 7.11425 9.31727 30 4.74349 7.61225 10.06265 
The fourth Table. A Table whereby to find the increase of Annuities in Compound Interest, at the Rates of 6, 7, and 8. per Centum, for any year under 30.  Years 6 per Cent. 7 per Cent. 8. per Cent. lb. Parts. lb. Parts. lb. Parts. 1 1.00000 1.00000 1.00000 2 2.06000 2.07000 2.08000 3 3.18360 3.21490 3.24640 4 4.37461 4.43994 4.50611 5 5.63709 5.75073 5.86660 6 6.97531 7.15329 7.33592 7 8.39383 8.65402 8.92280 8 9.89746 10.25980 10.63662 9 11.49132 11.97798 12.48755 10 13.18079 13.81644 14.48656 11 14.97164 15.78359 16.64548 12 16.86964 17.88845 18.97712 13 18.88213 20.14064 21.49529 14 21.01506 22.55048 24.21492 15 23.27596 25.12902 27.15211 16 25.67252 27.88805 30.32428 17 28.21287 30.84021 33.75022 18 30.90565 33. 99●03 37.45024 19 33.75999 37 37896 41.44626 20 36.78559 40.99549 45.76196 21 39.99272 44.86517 50.42292 22 43.39228 49.00573 55 45678 23 46.99582 53 43614 60.89329 24 50 81557 58.17667 66.76475 25 54.86451 63.24903 73.10593 26 59.15638 68.67646 79.95441 27 63.70576 74.48382 87.35076 28 68.52810 80.69769 95.33882 29 73.63979 87.34652 103.96595 30 79.05818 94.46078 113.28321 
The fifth Table. A Table of the rebating or discounting of money yearly, at the rates of 6, 7, and 8, per Centum, Compound Interest, for any number of years under 30.  Years 6 per Cent. 7. per Cent. 8 per Cent. Parts. Parts. Parts. 1 .943396 .934579 .925925 2 .889996 .873438 .857338 3 .839619 .816297 .793832 4 .792093 .762895 .735029 5 .747258 .712986 .680583 6 .704960 .666342 .630169 7 .665057 .622749 .583490 8 .627412 .582009 .540268 9 .591898 .543933 .500248 10 .558394 .508349 .463193 11 .526787 .475092 .428882 12 .496989 .444012 .397113 13 .468839 .414964 .367697 14 .442300 .387817 .340461 15 .417265 .362446 .315241 16 .393646 .338734 .291890 17 .371364 .316574 .270268 18 .350343 .295864 .250249 19 .330512 .276508 .231712 20 .311804 .258419 .214548 21 .294155 .241513 .198655 22 .277505 .225713 .183940 23 .261797 .210947 .170315 24 .246978 .197146 .157699 25 .232998 .184249 .146017 26 .219810 .172195 .135201 27 .207367 .160930 .125186 28 .195630 .150402 .115913 29 .184556 .140563 .107327 30 .174110 .131367 .099377 
The sixth Table. A Table whereby to find the present worth of Annuities for any term of years under 30. at the rates of 6, 7, and 8 per Centum, per An. Compound Interest.  Years 6. per Cent. 7. per Cent. 8. per Cent. Parts. Parts. Parts. 1 .94339 .93457 .92592 2 1.83339 1.80801 1.78326 3 2.16730 2.62431 2.57709 4 3.46510 3.38721 3.31212 5 4.21236 4.10019 3.99271 6 4.91732 4.76653 4.62287 7 5.58238 5.78928 5.20637 8 6.20979 5.97129 5.74663 9 6.80169 6.51523 6.24688 10 7.36008 7.02358 6.71008 11 7 88687 7: 49867 7.13896 12 8.38384 7.94268 7.53607 13 8.85268 8.35765 7.90377 14 9.29498 8.74546 8 24423 15 9.71224 9.10791 8.55947 16 10.10589 9.44664 8.85136 17 10. 477●5 9.76322 9 12163 18 10.82760 10.05908 9.37188 19 11.15811 10.33559 9.60359 20 11.46992 10.59401 9.81814 21 11.76407 10.83552 10.01680 22 12.04158 11.06124 10.20074 23 12.30337 11.27218 10.37105 24 12.55035 11.46933 10.52875 25 12.78335 11.65358 10.67477 26 13.00316 11.82577 10.80997 27 13.21053 11.98671 10.93516 28 13.40616 12.13711 11.05107 29 13.59071 12.27767 11.15840 30 13.76482 12.40904 11.25778 
The seventh Table. A Table whereby to find what yearly annuity to continue any term of years under 30. any sum of money will purchase at the rates of 6. 7. and 8. per centum compound interest.  Years 6 per Cent. 7 per Cent. 8 per Cent. lb. Parts. lb. Parts. lb. Parts. 1 1.06000 1.07000 1.08000 2 .54363 .55309 .56076 3 .37411 .38105 .38803 4 .28859 .29519 .30192 5 .23739 .24389 .25045 6 .20336 .20979 .21631 7 .17913 .18555 .19207 8 .16103 .16746 .17401 9 .14702 .15348 .16007 10 .13586 .14237 .14902 11 .12679 .13335 .14007 12 .11927 .12590 .13269 13 .11296 .11965 .12652 14 .10758 .11434 .12129 15 .10296 .10979 .11682 16 .09895 .10585 .11298 17 .09544 .10242 .10962 18 .09235 .09941 .10670 19 .08962 .09675 .10412 20 .08718 .09439 .10184 21 .08500 .09228 .09983 22 .08304 .09040 .09803 23 .08127 .08871 .09642 24 .07967 .08718 .09497 25 .07822 .08581 .09367 26 .07690 .08456 .09250 27 .07569 .08342 .09144 28 .07459 .08239 .09048 29 .07357 .08144 .08961 30 07264 .08058 .08882   

A Table, showing the beginning of every King's Reign from the Conquest, together with the year of Christ, answering to every year of each King's Reign, the years beginning at the 25th. of March.  

William the Coqueror began his Reign the 15. of Oct. 1066. and therefore had Reigned one year complete, Oct. 15. 1067.  
AN. Reg. An. Dom. 1 1067 2 1068 3 1069 4 1070 5 1071 6 1072 7 1073 8 1074 9 1075 10 1076 11 1077 12 1078 13 1079 14 1080 15 1081 16 1082 17 1083 18 1084 19 1085 20 1086  
10 Months 21 Days. His reign ended the 9th of Sept. 1087.   

William Rufus began his reign Sept. 9th. 1087.  
An. Reg. An. Dom. 1 1088 2 1089 3 1090 4 1091 5 1092 6 1093 7 1094 8 1095 9 1096 10 1097 11 1098 12 1099  
11. Months, 18. Days.   

Hen. 1. Aug. 1. 1100.  
An. Reg. An. Dom. 1 1101 2 1102 3 1103 4 1104 5 1105 6 1106 7 1107 8 1108 9 1109 10 1110 11 1111 12 1112 13 1113 14 1114 15 1115 16 1116 17 1117 18 1118 19 1119 20 1120 21 1121 22 1122 23 1123 24 1124 25 1125 26 1126 27 1127 28 1128 29 1129 30 1130 31 1131 32 1132 33 1133 34 1134 35 1135  
4. Months 12. Days.   

Steph. Decem. 2. 1135.  
An. Reg. An. Dom. 1 1136 2 1137 3 1138 4 1139 5 1140 6 1141 7 1142 8 1143 9 1144 10 1145 11 1146 12 1147 13 1148 14 1149 15 1150 16 1151 17 1152 18 1153  
11. Months 20. Days.   

Hen. 2. Oct. 25. 1154  
An. Reg. An Dom. 1 1155 2 1156 3 1157 4 1158 5 1159 6 1160 7 1161 8 1162 9 1163 10 1164 11 1165 12 1166 13 1167 14 1168 15 1169 16 1170 17 1171 18 1172 19 1173 20 1174 21 1175 22 1176 23 1177 24 1178 25 1179 26 1180 27 1181 28 1182 29 1183 30 1184 31 1185 32 1186 33 1187 34 1188  
9 Mon. 5. da.   

R. 1. July 9 1189.  
An. Reg. An. Dom. 1 1190 2 1191 3 1192 4 1193 5 1195 6 1195 7 1196 8 1197 9 1198  
9 Months 19 Days   

John. April 6. 1199.  
An. Reg. An. Dom. 1 1200 2 1201 3 1202 4 1203 5 1204 6 1205 7 1206 8 1207 9 1208 10 1209 11 1210 12 1211 13 1212 14 1213 15 1214 16 1215 17 1216  
7. Months 0. da.   

Hen. 3. Oct. 19 1216.  
An. Reg. An. Dom. 1 1217 2 1218 3 1219 4 1220 5 1221 6 1222 7 1223 8 1224 9 1225 10 1226 11 1227 12 1228 13 1229 14 1230 15 1231 16 1232 17 1233 18 1234 19 1235 20 1236 21 1237 22 1238 23 1239 24 1240 25 1241 26 1242 27 1243 28 1244 29 1245 30 1246 31 1247 32 1248 33 1249 34 1250 35 1251 36 1252 37 1253 38 1254 39 1255 40 1256 41 1257 42 1258 43 1259 44 1260 45 1261 46 1262 47 1263 48 1264 49 1265 50 1266 51 1267 52 1268 53 1269 54 1270 55 1271 56 1272  
1 Month 0 da.   

Ed. 1. Nou. 16. 1272  
An. Reg. An. Dom. 1 1273 2 1274 3 1275 4 1276 5 1277 6 1278 7 1279 8 1280 9 1281 10 1282 11 1283 12 1284 13 1285 14 1286 15 1287 16 1288 17 1289 18 1290 19 1291 20 1292 21 1293 22 1294 23 1295 24 1296 25 1297 26 1298 27 1299 28 1300 29 1301 30 1302 31 1303 32 1304 33 1305 34 1306  
8 Mon. 9 da.   

Ed. 2. July 7. 1307.  
An. Reg. An. Dom. 1 1308 2 1309 2 1310 4 1311 5 1312 6 1313 7 1314 8 1315 9 1316 10 1317 11 1318 12 1319 13 1320 14 1321 15 1322 16 1323 17 1324 18 1325 19 1329  
7 Mon. 9 da.   

Ed. 3. Jan. 25. 1326.  
An. Reg. An. Dom. 1 1327 2 1328 3 1329 4 1330 5 1331 6 1332 7 1333 8 1334 9 1335 10 1336 11 1337 12 1338 13 1339 14 1340 15 1341 16 1342 17 1343 18 1344 19 1345 20 1346 21 1347 22 1348 23 1349 24 1350 25 1351 26 1352 27 1353 28 1354 29 1355 30 1356 31 1357 32 1358 33 1359 34 1360 35 1361 36 1362 37 1363 38 1364 39 1365 40 1366 41 1367 42 1368 43 1369 44 1370 45 1371 46 1372 47 1373 48 1374 49 1375 50 1376  
5 Mon. 7. da.   

R. 2. June 21. 1377.  
An. Reg. An. Dom. 1 1378 2 1379 3 1380 4 1381 5 1382 6 1383 7 1384 8 1385 9 1386 10 1387 11 1388 12 1389 13 1390 14 1391 15 1392 16 1393 17 1394 18 1395 19 1396 20 1397 21 1368 22 1399  
3 money 14. da.   

H. 4. Sept. 29. 1399.  
An. Reg. An. Dom. 1 1400 2 1401 3 1402 4 1403 5 1404 6 1405 7 1406 8 1407 9 1408 10 1409 11 1410 12 1411 13 1412  
6 mon. 3 da.   

H: 5. Mar. 20. 1412:  
An. Reg. An. Dom. 1 1413 2 1414 3 1415 4 1416 5 1417 6 1418 7 1419 8 1420 9 1421  
5 mon. 24 da.   

H. 6. Aug. 31. 1422  
An. Reg. An. Dom. 1 1423 2 1424 3 1425 4 1426 5 1427 6 1428 7 1429 8 1430 9 1431 10 1432 11 1433 12 1434 13 1435 14 1436 15 1437 16 1438 17 1439 18 1440 19 1441 20 1442 21 1443 22 1444 23 1445 24 1446 25 1447 26 1448 27 1449 28 1450 29 1451 30 1452 31 1453 32 1454 33 1455 34 1456 35 1457 36 1058 37 1459 38 1460  
6 mon. 16 da.   

Edw. 4 Mar. 4. 1460.  
An. Reg. An. Dom. 1 1461 2 1462 3 1463 4 1464 5 1465 6 1466 7 1467 8 1468 9 1469 10 1470 11 1471 12 1472 13 1473 14 1474 15 1475 16 1476 17 1477 18 1478 19 1479 20 1480 21 1481 22 1482  
1 mon. 8 da.   

R. 3 June 22. 1483.  
An. Reg. An. Dom. 1 1484 2 1485  
2 mon. 5 da.   

H. 7 Aug 22. 1585.  
An. Reg. An. Dom. 1 1486 2 1487 3 1488 4 1489 5 1490 6 1491 7 1492 8 1493 9 1494 10 1495 11 1496 12 1497 13 1498 14 1499 15 1500 16 1501 17 1502 18 1503 19 1504 20 1505 21 1506 22 1507 23 1508  
8 mon. 19 da.   

H. 8 April 22. 1509  
An. Reg. An. Dom. 1 1510 2 1511 3 1512 4 1513 5 1514 6 1515 7 1516 8 1517 9 1518 10 1519 11 1520 12 1521 13 1522 14 1523 15 1524 16 1525 17 1526 18 1527 19 1528 20 1529 21 1530 22 1531 23 1532 24 1533 25 1534 26 1535 27 1536 28 1537 29 1538 30 1539 31 1540 32 1541 33 1542 34 1543 35 1544 36 1545 37 1546  
10 mon. 1. da.   

Edw. 6 Jan. 28 1546.  
An. Reg. An. Dom. 1 1547 2 1548 3 1549 4 1550 5 1551 6 1552  
5 mon. 19 da.   

Mar. jul. 6. 1553.  
An. Reg. An. Dom. 1 1554 2 1555 3 1556 4 1557 5 1558  
4 mon. 22. da.   

Eliz. No. 17. 1558.  
An. Reg. An. Dom. 1 1559 2 1560 3 3561 4 1562 5 1563 6 1564 7 1565 8 1566 9 1567. 10 1568 11 1569 12 1570 13 1571 14 1572 15 1573 16 1574 17 1575. 18 1576 19 1577 20 1578 11 1579 22 1580 23 1581. 24 1582 25 1583 26 1584. 27 1585. 28 1586 29 1587. 30 1588. 31 1589 32 1590. 33 1591. 34 1592. 35 1593. 36 1594 37 1595 38 1596 39 1597 40 1598. 41 1599 42 1600 43 1601 44 1602  
4 mon. 15 da.   

Jac. Mar. 24. 1602  
An. Reg. An. Dom. 1 1603 2 1954 3 1605 4 1606 5 1607 6 1608 7 1609 8 1610 9 1611 10 1612 11 1613 12 1614 13 1615 14 1616 15 1617. 16 1618. 17 1619 18 1620 19 1621. 20 1622 21 1623. 22 1624.  
0. mon. 3. da.   

Carol. Mar. 27. 1625  
An. Reg. An. Dom. 1 1625 2 1626. 3 1627. 4 1628. 5 1629 6 1630 7 1631 8 1632 9 1633 10 1634 11 1635 12 1636 13 1637 14 1638 15 1639 16 1640 17 1641 18 1642 19 1643 20 1644 21 1645 22 1646 23 1647 24 1648  
King Charles died the 30 of Jan. 1648. having Reigned 11 months above 23 years according to 28 days per mensem.    

These Books following are Printed for Henry Twyford and are to be sold at his shop in Vine-Court middle Temple.  
Law Books.  

THe Practic part of the Law, or complete Attorney.  
The second part of the Practic part of the Law; or the Layman's Lawyer.  
Kitchins Jurisdictions of Courts Leet, Courts Barron etc.  
Plowdens' Abridgement english.  
Abridgement of Lord Coke comment on Littleton.  
Abridgement of Pultons' Statutes at large by Edmund Wingate Esq  
The body of Law with a brief Summary by Edmund Wingate Esq  
The Office and duty of an Executor &c, in 80.  
Richard Brownlow Esq Prothonotary of the Court of Common Pleas.  
Reports in 2 Volumes the first and second part.  
His declarations and plead in english.  
Judicial Writs, english.  
The 12. part of the Reports of Sir Edward Coke english.  
Judge Hutton Reports in english.  
Judge owen's Reports english  
An Epitome of all the common and statute law of this Nation now in force, by Wil Shepherd, Esquire.  
The marrow of the Law, or the second part of the faithful Councillor by Wil Shepherd esq  
Sir Robert Brookes reading on the statute of limitations.  
The Book for the drawing up of all manner of Judgements.  
The reading upon the statute of Bankrupts, by john Stone esquire.  
The Conveyancers' light, or the complete Clerk, and Scrivener's guide, containing exact Precedents of all manner of assurances and instruments now in Use, by the learned Judges and eminent Lawyers, etc.  
Sir john Davis, upon the question of impositions, Tonnage, Powndage, Prizage & customs etc.  
The commentary upon original Writs, by Wil Hugh's esquire.  
Coesars' commentaries by Sir Clement Edmund's fol.  
History of the Wars of Sweathland and Poland by john Fowler esquire.  
Sir john Finnits Observations touching reception & precedence, the treatment and audience, the Puntillios and contests of foreign Ambassadors.  
Natura Exenterata or nature unboweled, being choice secrets and receipts fitted for the cure of all sorts of infirmities, collected by the Countess of Arundel.  
Antisocinianisme, being a confutation of the Socinian heresies, with a description of their lives and deaths by N. Cheney, M. A.  
The life of St. Paul.  
St. Bonaventures Meditations Soliloquies and Prayers.  
Mr Crag against Tombs, with Mr. Crags reply to Mr. Tombs his answer.  
stevenson's Poems.  
European Mercury, describing the ways and Stages through the most remarkable parts of the world.  
An exposition on the 4th. Article of the Apostles Creed, by Io. Crompe, M. A.  
The humble remonstrance of Sir john Stawell.  
The vindication of Sir john Stawels Remonstrance.  
The discontented Colonel, by Sir Io. Sucklin, a Play.  
The Floating Island, by Strewed, a Comedy.    

Courteous Reader, these Books following are Printed for, and sold by Thomas Dring at the George in Fleetstreet near Clifford's Inn.  
ARtamenes, or the Grand Cyrus, an excellent new Romance, written by that famous Wit of France, Monsieur de Scudery, Governor of Notre dame, and now englished by F. G. Esq Fol.  
The Continuation of Artamenes or the Grand Cyrus, that excellent new Romance, being the third and fourth Parts, written by that Famous Wit of France, Monsieur de Scudery Governor of Nostre dame & now englished by F.G. Esq Fol.  
The third Volume of Artamenes, or the Grand Cyrus, that excellent new Romance, being the fifth and sixth parts, written by that famous wit of France, Monsieur de Scudery, Governor of Notre dame, and now englished by F.G. Esquire, Fol. 1654.  
The fourth Volume of Artamenes or the Grand Cyrus, that excellent new Romance, being the seventh and eighth parts, written by that famous Wit of France, Monsieur de Scudery Governor of Notre dame, and now englished by F.G. Esquire, Fol.  
The fifth Volume of Artamenes, or the Grand Cyrus, that excellent new Romance, being the ninth and tenth parts, written by that famous Wit of France, Monsieur de Scudery, Governor of Notre dame, and now englished by F.G. Esq Fol.  
Ibrahim, or the Illustrious Bassa, an excellent new Romance, the whole work in four parts, written in French by Monsieur de Scudery, and now englished by Henry Cogan Gent. Fol.  
Clelia, an excellent new Romance written by that famous Wit of France, Monsieur de Scudery, Governor of Notre dame.  
The second Volume of Clelia that excellent new Romance, written by that famous Wit of France, Monsieur de Scudery Governor of Notre dame, and now englished by J.D. Fol. 1656. The History of Philosophy by Thomas Stanley Esq containing those on whom the attribute of the wise was conferred, with divers figures.  
The second Volume of the History of Philosophy by Thomas Stanley Esquire, Fol.  
The History of Suethland and Poland by John Fowler, illustrated with divers Figures, Fol.  
The twelfth part of the Reports Sir Edward Coke Knight.  
The Reports of that Reverend and learned Judge Sir Richard Hutton Knight, Fol.  
The Reports of Judge Owen in Fol.  
The Reading upon the Statute of the thirteenth of Elisabeth, Chapter 1. 7. touching Bankrupts, learnedly and amply explained by John Stone in 8ᵒ.  
Antisocinianisme, or a brief explication of some places of holy Scripture, for the confutation of certain gross Errors, and Socinian Heresies, lately published by William Pinchion Gent. also a brief description of the lives and true Relation of the death of the authors, promoters, propagators, and chief disseminators of this Socinian Heresy; how it sprung up, by what means it spread, and when and by whom it was first brought into England by N. Chewney M. A. and Minister of God's word. in 4ᵒ.  
M. Cragg against Tombs, concerning Infant's Baptism. in 8ᵒ.  
The life and death of Freeman Sonds Esquire, by Robert Boreman, B.D. in 4o. stitched.  
An Exhortation for desperate sinners, written by the Right Honourable the Lord Viscount Grandison Prisoner in the Tower.  
A Sermon preached at the Assizes at Huntingdon by John Gaul.  
Sand's Psalms in 8ᵒ. large.  
Good Thoughts for every day in the week by D.S. in 24ᵒ.  
Modern Policies taken from Machiavelli, Borgia, and other choice Authors, by an eyewitness.  
Mirza, A Tragedy really acted in Persia, written by Robert Barron Esquire in 8ᵒ. large.  
Five new Plays written by Richard Broome in 8ᵒ. large.  
Poems, Amorous, Lusorie, moral and Divine, written by Edward Sherburn Esquire in 8ᵒ. large.  
Poems by Robert Barron Esquire in 8ᵒ. large.  
Poems by William Hammond Esquire.  
An Apology for Paris, written by Robert Baron Esquire.  
A Catalogue of the Lords, Knights, and Gentlemen that have compounded for their estates, with the sums that paid their Compositions.  
The second part of Massaniello, his body taken out of the Town-ditch, and solemnly buried, A Continuation of the Tumult: The Duke of Guise made Generalissimo, taken prisoner by young Don John of Austria, the end of the Commotions, by J. Howell Esquire.  
The natural and experimental History of Winds etc. written in Latin by the Right Honourable Francis Lo. Verulam, Viscount Saint Alban, translated into english by R. G. Gent.   

A TABLE OF THE Principal matters contained in this BOOK.  

A.  

ABeyance, Where an estate or Remainder is in Abeyance 14  
Ancestors, what act is an assurance of rents arrear, or a Condition broken 26  
Actions on the Case, For what words lie 133  
For what acts lie 133  
Ages, The several ages of Men and Women 116  
Administrators, To whom Letters of Administration to be granted 86  
Who to grant them 87  
Where one may do an act without his companion 88  
Who shall administer, and be an Administrator of an Administrator 88  
Alien, where may inherit and may have Heirs 42, 43  
Appurtenants, what pass by those words, Cum pertinentiis. 104, 105  
Licence to Alien, where may be countermanded, where not 107  
Assignee, who properly is said an Assignee 14  
Where they are bound in Covenant, where not 107 108, 109, 110  
Assize, what it is to arraign an Assize 130  
Attornement, where requisite 33, 34, 37, 38  
By whom to be done 38  
What acts or words a good one 38  
Where the Lands pass without attornement 98, 99    

B.  

Bail, the effect of special Bail in the King's Bench 92  
Bargain and Sale, what consideration sufficient 58  
Where enrolment is necessary in it 58, 63  
What words raise it 59, 6  
What consideration averrable 59  
What consideration sufficient to alter an use in it 55, 60    

C.  

COmmon Recoveries, their force 62  
What are fraudulent 68  
What best to bind estates tail 105, 111  
Conditions, The manner of an Entry upon a Condition 119, 120  
What is a Condition without words conditional 119  
Against two, where void, and the Estates or Deeds voided 114, 115  
Repugnant, where void, and the estates or Deeds vyod 114  
Who may enter and take advantage of them 6, 79, 95, 99  
What act is an affirmance of a Condition broken 31, 94  
Who may enter for them broken 31, 48  
Words to make it 44  
In Deed and in Law, and their constitutions 487  
Where one is in of his former estate upon their breaking 48  
Where estates tail may be restrained by conditions 95  
Who may be bound not to alien 110  
Where may apportioned 111  
By whom the money to be paid, by whom not 112 113  
Impossibles, where void and avoid the estate, or Deed 114  
Considerations, which good 63  
Conveyances, by how many ways lands may pass 60, 61  
Covenant, The form of one joint & several 43, 44  
What words make a Covenant, what not 110  
Corruption of blood, How restored 41    

D.  

DEed, The premises, what they are, and their office in a Deed 1  
Habendum, what it is and its office. 1  
Where a Habendum is repugnant and void 1  
Its force over the premises 2  
When a Deed shall commence 14, 15  
Where a Habendum is good 69  
Where a Habendum is void and the premises good 103  
Deed, Where void 103, 104  
Where to be sued, if dated, in what place 118  
Solvendum in a Deed, where void and the Deed good 119  
voidable, where void, and by what persons 133, 134  
Deceit, where lies for doing acts out of Ancient demesne 135  
Defeasance, of a Statute, where void 98  
What may be defeated 130  
Demand, For what things it must be made, and at what time 25, 26, 29, 30  
Where to be made 26, 27, 28, 29, 30  
Who shall take advantage without it, who not 27  
Dower, where lost 72  
Distress, what may be distreined without property, what not 130  
Where a distress and detention is Tortuous 130    

E.  

ENtry, To vest what estates entry is lawful 31  
Estates, what persons may take them 4  
What Estates may depend one upon another 14  
What may begin in futuro 93  
Where a thing in Grant may commence in futuro 105  
Estrey, what properly an Estrey 84  
Execution, land at what time liable to execution, what not, 85  
The several sorts of them 153  
Final, what 154  
Quousque, what 154  
Statute Merchant and Staple 154, 155 156, 157  
Exposition of words,  
Tenement and hereditament 106  
Vesturum terrae 106  
Herbagium terrae 106  
Herbagium bonorum 106  
Seperalem Pischariam 106  
Aquam suam 106  
Profits of lands 108  
Executors, when chargeable 40  
When they have a trust 76  
And when an interest 76  
What they have 86  
What they may do before probate 86  
What they are to do in proving the will 86  
When they may refuse  
What they may retain to their own satisfaction 88  
What they are to pay, and what first  
Where one may release and do an act without his companion and charge him 87  
Who shall be executors, and of an executor of an executor 88    

F  

FEe, what words raise a fee 59  
Feoffment, When a Conveyance is called a Feoffment. 61  
Fine, what it is, and what passes by it 61  
What time to claim, and who are bound by them 61  
Upon fines, Feoffments, and recoveries, how the estate settles 62  
What good to bind an estate tail with proclamation 105  
Forfeitures, upon what wrought 40, 85  
What estates of what persons wrought by it 40  
Forged Deeds, what Deeds are suspicious 116  
Fraudulent Deeds, what so accounted 84, 68  
What accounted made bona fide 82  
Fresh suit, upon what the party shall have his goods again 84    

G  

GRant, where by the grant of one thing another passes 69    

H  

Heirs, where bound by the Acts of their Ancestors 38, 39, 40,  
How to be charged 39  
Who may be heirs 40, 41  
Where they may take 77  
What words in devises carry estates of inheritance 78, 79, 80  
When Inheritances are lineal or collateral, and how shall inherit. 124, 125  
Who is to be preferred 124, 125, 126 127, 128, 129  
The heirs of what persons may inherit 129  
Herriots, what may be seized, what not 131    

I  

JVdgement, upon what to be given 40  
Jointure, what a good Jointure and the manner of making it, and its qualifications 70, 71  
Where it is a bar of dower, where not, 72    

L.  

LIcence to Alien, where may be countermanded where not 107  
Limitation, what is a limitation and what an interest 12  
What words make it 95  
Livery and Seisin, how many sorts 35  
How may be done 35  
What Acts amount to it 36, 37  
What passes by it 36  
Of what things to be given 37  
Within the view, and who to take by it 37  
Who may do it 36  
Where void 93  
Where free hold passes without it 98, 122  
Legacy, where to be taken without the consent of the executor 88  
What to be paid first 89  
What to be sold, to pay debts 89  
Leases, for how long to be made 60  
Who may make leases for three Lives or twenty one years 66  
And what qualification they must have 66, 67, 68, 69, 70  
When shall commence, when not, when inclusive and exclusive 131, 132  
Livery, Several and special, and the difference 116    

M.  

MAintenance, what it is 134  
Mice, what it signifies 118  
Misnosmer, where a Party misnamed in a Deed shall take advantage of it 147    

N.  

NOtice, where requisite 33    

O.  

OFfices, where may be discharged without their Fee, where not 101  
Where may be forfeited 101, 102    

P.  

PArdon, what operation it hath, what not 41, 42  
Possession what, it is 128  
The several sorts of them 128  
What actual, and what in Law ibid.  
Purchase, who may purchase 41    

R.  

releaseth of demands, how far go, 49, 90  
What they will extinct, what not 55  
Before Interest, and where good 901. 91  
What words sufficient to work it 91, 70  
Reddendum, the manner of it 13, 24  
Remainder, what it is, and its several properties 2, 3, 4, 5, 10  
Upon what estate it may depend 7  
When it is contingent 89  
Where good 48  
How limited is void 89, 99  
Rent, in what manner may be granted 5  
What persons shall have Rend, and what time 22, 24  
Within what time to be paid, and upon what to take advantage 22, 23  
Where the death of the Party shall discharge it 23, 24, 29, 32  
Where reserved shall go to the parties, where not 27  
Where the Profits shall be accounted as satisfaction 30  
Remitter, where wrought 16  
Reversion, what it is, and why so called 101  
Revocation, where good 45, 46  
Where extinct 46  
How construed 47  
Where uses are revocable 55  
Where may be done in part 5●1  
By what to be made ibid.  
What Acts a good Revocation 57, 58  
What to be observed in them 58    

S.  

SAle in Market overt, where it bars the right owner, where not 83  
Scire facias, upon what Execution 156, 157  
Surrenders, The force of Surrenders in Law 72  
What drowned by them 72  
Where a Deed is surrendered 73, 74  
Who may surrender 74  
What requisite in them 75  
The several sorts of them 75, 76.  
What is surrendered by express words 76  
Suspense, What estates may be suspended, by what 13, 4.  
Where a Lease or other estate is suspended in the whole, where but in part. 118, 119  
Kings Silver, what it is 118    

T.  

Tail, what are special, and what general estates Tail 16  
Who may make gifts in Tail 77  
What incident to it 95  
Tender, at what time to be made to save a condition 30  
Where it is a Bar or the party may plead uncore past 111, 112  
Tithes to whom they belong 120  
Who shall pay them 121  
When Unity of possession discharges them, and what 121  
For what things to be paid 121, 122  
When a Place is discharged, by what act 134, 135  
Toll, when to be paid 134  
Treasure Trove, What said Treasure Trove 85    

V  

USes, the manner of their creation, 16, 17 18, 19 20  
How may be raised 47  
To the uses of a man's last Will and Testament 72  
Upon condition repugnant, where void 79  
Who may take the force of it 81  
Usury, what it is, and when within the Statute 121, 122, 123, 124    

W.  

WArranty, What words make a general Warranty 49  
Ward, where the heir is out of Ward 131  
Waste, the full definition of the word (without impeachment of waist) 99 50  
Who may punish it 50, 51  
The several kinds of it 51, 52  
What the destruction 53  
What recoverable ibid.  
What process in it 51, 53  
Will and Testament, what passes by it 64  
What sufficient to pass Lands 64  
Of what things may be made 64, 65, 78, 82  
Where alterable, where not 66, 79, 80, 81  
Wreck. What made Wreck 84    

Y.  

Year, How many Parts it is divided into 118    
FINIS.