person When any thing is granted that is not certain as one of my horses then the choice is in the Grantee When several things are granted then it is in the choice of him that is to do the first Act. A man cannot grant nor charge that which he never had A man may charge a Reversion A Parson may grant his tythes or the Wool of his Sheep for years A thing in action a cause of a suite right of entrie or a Title for a condition broken or such like may not be given or granted to a Stranger But only to the Tenant of the ground or to him that hath the Reversion or Remainder A thing that cannot begin without a Deed may not be granted without a Deed as a Rent-Charge Fayer c. Every thing that is not given by delivery of hands must be passed by Deed the right of a thing reall or personall may not be given in not released by Word a Rent of condition or a re-entrie may not be reserved to one that is not partie to the Deed. All things that are incident to others pass by the grant of them that they are incident unto A man by his Grant cannot prejudice him that hath an elder title If no estate be expressed in the Grant and Livery and seizin be made then the Grantee hath but estate or life But if there be such Words in the Grant which will manifest the Will of the Granter so his will be not against the law the estate shall be taken according to his intent and will All Grants shall have a reasonable construction and all Grants are made to some purpose and therefore reason would they should be construed to some purpose All Grants shall be taken most strong against him that made it and most beneficiall to him to whom it is made To Grants of Reversion or of Rents c. there must be Attornment otherwise nothing passeth if it be not by matter of Record ATtornment is the agreement of the Tenant to the Grant by writing or by Word as to say I do agree to the Grant made to you or I am well contented with it or I do Attorne unto you or I do become your Tenant or I do deliver unto the Grantee a peny by way of seizin of a Rent or pay or do but one service onely in the name of the whole it is good for all It must be done in the life-time of the Grantor Without Attornment a Signiory a Rent-charge a Remainder or a Reversion will not pass but by matter of Record Without Attornment services pass not by the sale of the Manor nor from the Manor but by bargain and sale inrolled Attornment must be made by the Tenant of the Free-hold when a Rent-charge is granted By the Attornment of the Termor to the Grantee of a Reversion with Liverie and the Rent also though no mention be made thereof before attornment a man may not distrain nor have an action of waste By fine the Lord may have the Wardship of the body and Lands before the attornment of his Tenant The end of attornment is to perfect Grant and therefore may not be made upon condition or for a time A Tenant that is to perfect a Grant by Attornment cannot consent for a time nor upon a Condition nor for part of a thing granted But it shall enure the whole absolutely If the Tenant have true notice of all the Grant then such Attornment is void Attornment necessary upon a Devise CHAP. XXXIV LEASES A Lease for years must be for a time certaine and ought to express the terme and when it should begin and when it should end certainly And therefore a Lease for a year and so from year to year during the life of I. S. but for two years it may be made by Word or Writing If I Lease to I. N. to hold untill a hundred pounds be paid and make no livery of seizin he hath estate only at Will A Lease from year to year so long as both the parties please after entrie in any year it is a Lease for that year c. till warning be given to depart 14. H. 8. 16. A Lease beginning from henceforth shal be accounted from the day of the delivery from the making shall be taken inclusive from the day of the making or of the date exclusive If Lands discend to the heires before his entrie he may make a Lease thereof A man lets a house cum pertinent no lands pass but if a man let a house cum omnibus terris eidem pertinent there the lands thereunto used pass If a man lets Lands wherein is Coale-mines quarries and such like if they have bin used the Tenant may use them if they be not open if the Tenant for them imploy them not on the Land it is waste likewise marle the land is the place where the Rent is to be paid and demanded if no other place between the parties be limited Trespass is not given for paying of the Rent to the Lessor howsoever it be payable there And if a man let lands without impeachment of Waste and a Stranger cut down the trees and the Lessee doth bring an action of Trespass he shall not recover for the value of the Trees but for the Crop and bursting of his close and the heire of the Lessor shal have such trees and not the Executor of the Lessee unless they be cut by the Lessee and enjoyed by the Grantee without Waste Lessee for years or for life Tenant in Dower or by the curtesie or Tenant in tayle after possibility c. have onely a special interest or property in the trees being upon the ground growing as a thing annexed unto the Land so long as they are annexed thereunto But if the Lessee or any other sever them from the Land the property and interest of the Lessee in them is determined and the Lessor may take them as things that are parcell of his Inheritance the Interest of the Lessee being determined To accept the rent of a void Lease will not make the Lease good But avoidable it will If the Husband and Wife do purchase Lands to them and the heires of the Husband and he make a Lease and die his Wife may enter and avoid the Lease for her life but if she die leaving the husband who afterward dies before the terme ends the Lease is good to the Lessee against the heire Where it is Covenanted and granted to S. I. that he shall have five Acres of land in D. for years this is a good Lease for consessit is of such force as dimisit If a man make a Lease for 10 years and afterwards maketh another lease for 21 years the latter shall be a good Lease for eleven years when the first is expired If the Lessee at his cost do put glass in the Windowes he may not take the same away again but he shall be punished for Waste and so of Wainscot and seeling if it be
not fixed with Screwes Tenant in tayle may make a lease for such lands or inheritance as have been commonly letten to farm if the old lease be expired surrendered or ended within one year after the making of the new But not without impeachment of Waste nor above 21 years or three lives from the day of the making reserving the old Rent or more 32. H. 8. By Indenture of Lease by Tenant in tayle for 21 years made according to the forme of the Statute rendring the ancient or more Rent If the Tenant in tayle die it is a good lease against â—his Issue But if a Tenant in tayle die without Issue the Doner may avoid this Lease by entrie 32. H. 8. 28. And if he in the Remainder do accept the Rent it shall not tie him for that the Tayle is determined the Lease is determined and void Ed. â— 19. The Husband may make such a Lease of his wifes lands by Indenture in the name of the husband and wife and she to seale thereunto and the rent must be reserved to the husband and his wife and to the heires of the wife according to her estate of Inheritance A Lease made by the husband alone of the Lands of his wife is void after his death But the Lessee shall have his Corne. By the husband and wife voidable if it be not made as aforesaid If a man do let Lands for years or for life reserving a Rent and do enter into any part thereof and take the profit thereof the whole Rent is extinguished and shall be suspended during his holding thereof The aceptation of a re-demise to begin presently is suspension of the Rent before any entrie otherwise of a re-demise to begin in suturo Reservations and Exceptions THere are divers words by which a man may reserve a Rent and such like which he had not before or to keep that which he had as Tenendum reservandum solvendum saciendum it must be out of a Messuage and where a distresse may be taken and not out of a Rent and it must be comprehended within the purport of the same Word Exceptions of part ought always to be oâ— such things which the Grantor had in possesion at the time of the Grant The heire shall not have that which is reserved if it be not reserved to him by special words If a man make a Feoffment of Lands and reserve any part of the profits thereof as the grass or the Wood that reservation is void because it is repugnant to the feoffment A man by a Feoffment Release Confirmation or Fine may grant all his right in the Land saving unto him his Rent-charge c. Things that are given only by taking and useing As pasture for four Bullocks or two loads of Wood cannot be reserved but by way of Indenture and then they shall take effect by way of Grant of the Grantor during his life and no longer without speciall Words Exceptions of things as Wood Myne Quarrie Marle or such like if they be used it is implied by the Law that they shall be used and the things without which they cannot be had is implied to be excepted although no c. But otherwise if they be not used then the way and such like must be excepted An Assignee may be made of Lands given in Fee or for life or for years or of a Rent-charge although no mention be made of the Assignee in the Grant But otherwise it is of a promise Covenant or Grant or Warranty If a Lessee do assigne over his terme the Lessor may charge the Lessee or assigne at is pleasure But if the Lessor accept of the Rent of the Assignee knowing of the assignement he hath determined his acception and shall not have an action of debt against the Lessee for Rent due after the assignement If after the assignement of the Lessee the Lessor do grant away his Reversion the Grantee may not have an action of debt against the Lessee If a Lessee do assigne over his interest and die his Executor shall not be charged for rent due after his death If the Executor of a Lessee do assigne over his interest an action of debt doth not lie against him for rent due after the assignement If the Lessor enter for a condition broken or the Lessee do surrender or the terme end the Lessor may have an action of debt for the arrearages A Lease for years vending rent with a condition that if the Lessee assigneth his terme the Lessor may re-enter The Lessee assigneth the Lessor receiveth the Rent of the hands of the assignee not knowing of the assignement it shall not exclude the Lessor of his entrie A thing in a Condition may be assigned over for good cause as just debt as whereas a man is indebted unto me 20. pounds and another do owe him 20. pounds he may assigne over his Obligation unto me in satisfaction of my debt and I may justifie the suing for the same in the name of the other at my own proper costs and charges Also where one hath brought an action of debt against I. N. which promiseth me that if I will aide him against I. N. I shal be paid out of the sum in demand I may aid him An assignee of Lands if he be not named in the condition yet he may pay the money to save his Land But he shall receive none if he be not named the tender shall be to the Executor of the Feoffees Assignee shall alwayes be intended he that hath the whole estate of the assignor that is assignable a Condition is not assignable and not of an Executor or Administrator if there be such an assignee the law will not allow an assignee in the law if there be an assignee indeed so long as any part of the estate remaineth to the assignor the tender ought to be made to him or his heires it serveth yet a colourable payment to the heire shall not veste the estate out of the assignee as a true payment will viz. Covenant CHAP. XXXVI SURRENDERS A Surrender is an Instrument testifying with apt words that the particular Tenant of Lands or Tenements for life or years doth sufficiently consent that he which hath the next immediate Remainder or Reversion thereof shall also have the particular estate of the same in possession and that he yeildeth or giveth the same to him for ever Surrender ought forthwith to give a present possession of the thing Surrendred unto him which hath such an estate where it may be drowned A Joynt-Tenant cannot surrender to his fellow Estating of things that may not be granted without a Deed may be determined by the Surrender of the Deed to the Tenant of the Land Lease for years cannot surrender before his Term begin he may grant he cannot surrender part of his Lease Surrenders are in two manners In Deed. In Law A Surrender in Law is when the Lessee for years doth take a new Lease for more years A Surrender
were granted Joynt-Tenants may have several estates A Joynt-Tenant cannot grant a Rent-charge but for terme of his own life A Joynt-Tenant may make a Lease for life or for years of his part or Release and the Lessee for years may enter although the Lessor die before the Lease begin and his heire shall have the Rent but the Survivor the Reversion A Joynt-Tenant may have a Writ of Partition by the Statute of the 31. of H. 8. cap. 32. A Partition made by Joynt-Tenants or Tenants in Common of Estates of Inheritance must be by Indenture by Word 't is void CHAP. VII TENANTS in COMMON Tenants in Common are those that hold Lands and Tenements by several titles They may joyne in action personal but they must have several actions Real They may have a Writ of Partition by the Stat. of 31. H. 8. cap. 32. IF one Parcener Joynt-Tenant or Tenant in Common take all the other have no Remedie but by Ejectione firme or such like or Waste Gavil-kinde-Lands Tenant by the curtesie of Kent whether he have Issue or no untill he marry and so forth he may not commit Waste CHAP. VIII TENANT in DOWER A Woman shall be indowed of all sorts of inheritance of her husband where the Issue that she had by him may inherit as heire to his father by meetes and bounds of a third part She shall have house-roome and meat and drink in common for forty dayes But she may not kill a Bullock within those 40. days after the death of her husband in which time her Dower ought to be assigned her The Assignement by him that had the Frank-Tenement is good but by him that is Guardian in Soccage or Tenant by Elegit verte Elegit or Statutes or Lessee for years is not She is to demand her Dower on the Land She shall recover dammages when her husband dyed seized from the death of her husband if the heire be not ready at the first day to assigne her Dower She shall have all her Chattels real againe execept her husband sell them he may not charge them or give them by his Will and likewise her bonds if the money were due in the life of her husband and all convenient apparel but if she have more then is fit for her degree it will be assets A woman shall be barred of her Dower so long as she detaineth the bodie of the heire being Ward or the Writing of the sons Land A woman shall not be endowed of any lands that her husband joyntly holdeth with another at the time of his death Dower of Gavil-kind Lands If the woman shall be endowed of one half so long as she is unmarried and chaste and it may be held with the heire in Common It is of Lands and Tenements and not of a Faire or such like where the Heire loseth not his inheritance there she loseth not her Dower Joynture IF a woman have a Joynture be fore marriage she may claim no Dower 27. Hen. 8. If it be made during marriage she may enter into her Joynture presently If she enter or accept of it she shall not be endowed If she shall be expulsed of any part of her Joynture she shall be endowed of the residue of her husbands Lands CHAP IX Tenant for terme of Life TEnant for terme of life is he that hath Lands or Tenements for terme of his life or another mans life and none of lesser estate may have a Free-hold If a Tenant for life sowe the Lands and die before the corn be reaped his Executor shall have it but not the Grasse nor other fruit If a Tenant for life be impannelled upon an Inquest and forfeit Issues and die they shall be levied upon him in the Reversion and so likewise if the Husband on the Lands of the Wife CHAP. X. Tenant for Terme of yeares Tenant for terme of years is where a man letteth lands or tenements to another for certain yeares HE may enter when he will the death of the Lessor is no let and may grant away his terme before it begin but before he enter he cannot Surrender nor have any action of trespasse nor take a release He is bound to repaire the Tenements The Lessor may enter to see what Reparations or Waste there is and he may distraine for his rent or have an action of debt If Tenant for life or years granteth a greater estate then he hath himselfe he doth forfeit his terme CHAP. XI Tenant at Will Tenant at Will is hee that holdeth lands or tenements at the Will of another THe Lessor may reserve a yearely rent and may distraine for it or have an Action of debt the Lessee is not bound to repaire the Tenements The Will is determined by the death of the Lessor or of a woman Lessee by her marriage or when the Lessee will take upon him to doe that which none but the Lessor may doe lawfully it determineth the Will and Possession and the Lessor may have an action of Trespasse for it The Lessee shall have reasonable time to have away his goods and his corne But he shall lose his Fallow and his dung carried forth CHAP. XII REMAINDER A Remainder is the residue of an estate at the same time appointed over and must be grounded upon some particular estate given before granted for years or for like and so forth And ought to begin in possession when the particular estate endeth there may bee no mean time between either by Grant or Will No remainder can be of a Chattel personal a Remainder cannot depend on a matter ex post facto as upon Estate tayle upon condition That if the Tenant in Tayle sell then the Land to remain to another is a void Remainder CHAP. XIII REVERSION A Reversion is the residue of an estate that is left after some particular estate granted out in the Grantor as if a man grant Lands for life without further granting the Reversion of the Fee-simple is in the Lessor CHAP. XIV WASTE WASTE lieth against a Tenant by the curtesie for life for years or in Dower and they shall lose the place wasted and treble dammages Waste lieth not against a Tenant by Elegit Statute-Merchant or Staple but account after the debt or dammage levied Waste or account will lie against a Tenant in Mortgage because he had Fee conditionall Waste is not given to the heire for Waste in the life of his Father Waste is given against the Assigne of the Tenant for life or of anothers life but not against the Assignee of a Tenant in Dower or of the curtesie it is to be brought against themselves It is Waste to pull up the formes benches doors windowes walls Filbert-Trees or Willows planted CHAP. XV. DISCONTINUANCE DIscontinuance is where a man that hath the present possession by makeing a larger estate then he may divesteth the inheritance of the Lands or Tenements out of another and dieth and the other hath right to have them but he may not enter
without a Deed is void if the Reversion be not in the reserâ—or if a Rent be granted from the Reversion it is a Rent-seck He which is not seized of a Rent-seck is without remedie for the same The gift of a peny by the Tenant in name of seizin of a Rent-seck is a good possession and seizin No Rent may be reserved upon any Feoffment Gift or Lease but only to the Donor and his heires not to any stranger A Rent-charge is extinct by the Grantees purchase of parcell of the Land but by the purchase of any of his Ancesters it shall not it shall be apportioned like Rent-service according to the value of the land but if the whole Land discend of the same inheritance the rent is extinguished By the grant of the Reversion the rents and Services pass If Rent be granted to a man without more saying he shall have it for terme of his life If the Lord accept of Rent or service of the Feoffment he excludeth himself of the Arrerages of the time of the Feoffment For a Rent-charge behind one may have an Action of annuity or distrain Distress For what when and where a man may distrain A man may distrain for a Rent-Charge Rent-Service Herriot service and all manner of Service as Homage Escuage Fealtie Suite of Court And Relief c. HErriot custome must be seized and for Amerciaments in a Leete upon whose ground soever it be in the liberty a man may not distrain for rent after the Lease is ended nor have debt upon a Lease for life before the estate of Frank-Tenement be determined A man may not distrain in the night but for dammage Feasant A man may not distrain upon the possessions of the King but the King may distrain of any Lands of his Grantee or Patentee A man may not distrain the beasts of a stranger that come by escape untill they have been Levant and Couchant on the ground but for dammage Feasans A man may not distrain the Oxen of the Plough nor a Mil-stone nor such like that is for the good of the Common-wealth nor a Cloke in a Taylors shop nor victuals nor corne in sheafes but if it be in a Cart for dammage Feasans A distress must be always of such things as the Sheriff may make a Replevin A man may not sever horses joyned together or to a cart If a man put cattell into a pasture for a week and afterwards I. N. doth give him notice that he will keep them no longer and the owner will not fetch them away I. N. may distrain them dammage Feasans If a man take beasts dammage Feasans and driving them by the high way to a pound the beasts enter into the house of the owner and the taker prayeth the delivery of them and the owner will not deliver them a Writ of Rescous lyeth If a man distrain goods he may put them where he will But if they perish he shall answer for them If cattell they ought to be put in a common pound or else in an open place where the owner may lawfully come and feed them and notice given to him thereof and then if they die it is in default of the owner Cattell taken dammage Fesans may be impounded in the same land but goods or Cattell taken for others things may not Sheep may not be destreined if there be a sufficient distress besides No man shall drive a distress out of the County wherein it was taken No distress shall be driven forth of the hundred but to a pound Overt within three miles A distress may not be impounded in several places upon pain of five pounds and treble dammage Fees for impounding one whole Distress Four pence The executor or administrator of him which had Rent or Fee-Farme in Fee in Fee-tayle or for life may have debt against the Tenant that should pay it or distrain and this is by the Statute 32 H. 8. So may the husband after the death of his Wife his Executor or Administrator So may he which hath Rent for another mans life distrain for the arrerages after his death or have an action of Debt 32. H. 8. But if the Landlord will distrain the goods or cattell of his Tenant and do sell them or worke them or convert them to his own use he shall be executor of his own wrong CHAP. XXIII Diseizin of Rents Three causes of Diseizin of Rents-Service Rescous Replevin Inclosure Foure of Rent-Charge Denyer Inclosure Forestalling is a Diseizin of all FOrestalling is when the Tenant doth with force and armes way-lay or threaten in such manner that the Lord dareth nor distrain or demand the Rent Denyall is if there be no distress on the Land or if there be none ready to pay the Rent c. And of such diseizins a man may have an action of Novell diseizin against the Tenant and recover his Rent and arrerages and his dammage and costs and if the Rent be behind another time he shall have a Redisseizin and recover double dammage Rescous and Pound-breach IF the Lord distrain when there is no rent nor service behind the Tenant may not rescue otherwise if another distreine wrongfully but no man may break the Pound although he did tender amends before the cattell were impounded If the Lord come to distrain and see the beasts and the servant drive them out of his fee the Lord may not have Rescous because he had not the Possession but he may follow them and distrain but not dammage feasans CHAP. XXIV COMMON COMMON is the right that a man hath to put his beasts to pasture or to use and occupy ground that is another mans There be divers Commons viz. Common in gross Common appendant Common appertinant Common because of neighbourhood viz. the termes of Law The Lords of Wastes Woods and pasture may approve against their Tenants and neighbours with common appertenant leaving them sufficient Common and pasture to their Tenants As if one Tenant surcharge the Common the other Tenants may have against him a Writ de admensuratione pasturae But not against him that hath Common for beasts without number neither may the Lord enclose from such Tenants if he do the Tenant may bring an assize against him and recover Treble dammage but the Lord may have a quo jure and make the Tenant shew by what title he claimeth CHAP. XXV WAYES The Kings high-way is that which leadeth from village to village A common high-way is that which leadeth from a village into the fields A private way is that which leadeth from one certain place unto another 3. Ed. 3. IN the Kings high-way the King hath onely passage for himself and his people and the Frank-Tenement and all the profits are in the Lord of the soyle as they be presented at the Leete Of a Common high-way the Frank-Tenement and profits are to him that hath the land next thereto adjoyning and if it be stopped and I be damnified by it I have no remedy
to him and his heires until B. die without heire of his body for in the one case the Donor hath but an Estate Tayle and in the other a Fee simple determinable hath a possibility of Revertor for if B. die without heire of his body then whether A. be living or dead shall revert to the Donor but such possibility of Reversion for he that hath but such a possibility hath no Estate nor hath he power to give his possibility but in the other case the Donor hath Estate in Fee and therefore he hath power to dispose thereof at his pleasure Remainder A Remainder is a remnant of an estate disposed to another at the time of creation of such particular Estates whereupon it doth depend as if S. seised of lands in Fee demiseth the same to B. for life the remainder to C. and the heirs of his body the remainder to D. and his heirs In this case I. S. hath a particular Estate of the Lessor is then also disposed to C. and D. ut supra whereby B. hath an Estate for life C. a Remainder in Tail and D. a Remainder in Fee depending in order upon the particular Estate in possession and in every Remainder five things are requisite First That it depend upon some particular Estate Secondly That it pass out of the Grantor Donor or Lessor at the time of the creation of the particular Estate whereon it must depend Thirdly That it veste during the particular Estate or at the instant time of the determination thereof Fourthly That when the particular Estate is created there be a Remnant of an Estate left to the Donor to be given by way of Remainder Fifthly That the person or body to whom the Remainder is limitted be either capable at the time of limitation thereof or else in potentia propinqua to be thereof capable during the particular Estate If Lands be given to I. S. and his Heirs the Remainder for default of such Heir to I. D. and his Heirs that Remainder is void because it doth not depend upon any particular Estate But if Lands be given to I. D. the life of I. D. the Remainder to I. B. his Remainder is good for it is not limited to depend upon a Fee-simple but upon a particular Estate which is onely called an Estate for life of I. B. descendable if Lands be given to B. for 11. years if C. do so long live the Remainder after the death of C. to D. in Fee this Remainder is void for in this case it cannot pass out of the Lessor at the time of the creation of the particular Estate for years but if a Lease be made to B. for life the Remainder to the Heires of C. who is then living this Remainder is good upon a contingency that if C. dye in the life of B. for that Remainder may well pass out of the Leassor presently without be yaunce without any inconveniency because onely the inheritance separated from the Free-hold is in abeyance if Lands be given for life with a Remainder to the right Heirs of I. S. and the Tenant for life dyeth in the life of I. S. this Remainder is void because it died not vest or settled either during the particular Estate or at the time of the determination thereof for until I. S. die no person is thereof capable by the name of the Heir But if Lands be given to I. S. for terme of his life the Remainder to his right Heir in the singular number and the Heirs of his body and after I. S. hath issue a Son and dyeth that is a good Remainder and the Son hath thereby an Estate Tail for although it were unpossible that such Remainder should vest during the particular Estate because during his life none could be his Heir yet it might be and did vest at the instant of his death which was at the time of his determination of the particular Estate Concerning the fourth thing if a man seised of Lands in Fee granteth out of the same a Rent or Common to Pasture or such like things which before the grant had no being to I. S. for terme of life the Remainder to I. D. in Fee this Remainder is void because of this thing Granted there was no Remnant in the grant to dispose And because some heretofore have been of opinion that albeit the same cannot take no effect as another Grant of a new Rent or Common Vtres magis valeat quam operat This is a rule in Law that a thing enjoyed in a superior degree shall not pass under the name of a thing in any inferior degree and therefore if Lands be given unto two persons and unto the Heirs of one of them unto the Husband and Wife and Heir of the Husband and he that hath the Estate of Inheritance granteth the Version of the same Land to another in Fee such Grant is void because the Grantor was thereof seised in a superiour degree viz. in Possession and not in Reversion as appeareth 22. Ed. 4. fol. 2 13. Ed. 3. Brook title of Grants 137. And concerning the first and last thing if a Lease be made of Land for term of life the Remainder to the Major and Commonalty of D. whereas there is no such Corporation therein being this Remainder is meerly void albeit the Kings Majesty by his Letters Pattents do create such Corporations during the particular Estate for at the time of such grant the Remainder was void because then there was no such body corporate thereof capable or potentia propinqua to be created and made capable thereof during the particular Estate but the possibility thereof was then forraign and probably intended The like law is if a remainder be limited to I. the Son of T. S. who had then no Son and afterwards during the particular Estate a Son is born who is named John yet this Remainder is void for at the time of such a Grant as was not to be probably in tender that T. S. should have any Son of that name Also before the dissolution of Abbies if a Lease of Land were made to I. S. for life the Remainder to one that then was a Monk such Remainder was void for the cause before alledged albeit we were deraigned during the particular Estate But if such Remainder had been limited to the first begotten Son of I. S. it had been good and should accordingly have vested in such a Son afterwards born during the particular Estate Rights A Right in Land is either cloathed or naked a Right cloathed is when it is wrapped in a possession Reversion or Remainder a naked Right which is also most commonly called a Right is when the same is separated from the possession or Remainder by dissessin discontinuance or the devesting and separating of the possession as for example if a Lease of Land be made for life to I. S. the Remainder to I. D. in Fee in this case I. S. hath a Right cloathed with a Remainder