the Condition is performed So if I am bound to discharge an Obligation in which I am bound to A. if I purchase the Mannor to which A. is a Villein regardant the Condition is discharged for the word Discharge refers to all manner of Discharges If I am Infeoffed upon Condition that I shall not Alien to A. and I suffer him to recover it Feintly or if I cease so that he being my Lord recovers in a Cessavit or if I acknowledge my self to be his Villein or if I make a Feoffment with Warranty so that that Acre is recovered by him in Value yet the Condition is not broke for it extends only to Alienations in Fact If I make a Gift in tail upon Condition that the Donee shall not suffer a Feint Recovery if it be not to the benefit of his Issue and after in a Feint Writ he vouches and a Recovery is had against him and he recovers in Value and hath Execution and that is to the just value onely the Condition is not broke But if the Donor had been voucht it is cleer be should not have entred for he shall not say that the Recovery was Feint when he was voucht and made a party to the breach of the Condition and he cannot enter into Warranty saving the Condition which is not broke for it is but a possibility Land is given in tail to the Heires Males of the body of the Donee upon condition if he dies without Heirs Females of his body that the Donor shall re-enter the Condition is void for he cannot have Heirs Females so long as he hath Issue Male. A Lease for years is made upon condition that the Lessee shall not Alien without the consent of the Lessor he gives him leave to grant over his Estate upon Condition and so he does and enters for the Condition broke he may after grant it over without his consent for the Condition is performed 32 H. 6. 10. a. A Rent charge is granted upon Condition the Grantor makes a Feofment of the Land the Condition is broke the Rent is arrear if the condition be extinguisht by the Feofment being the Feoffor cannot have it in the same manner as he might when the Grant was made But if the Grant had been upon Condition which if not performed to cease the Feoffee shall have Benefit of it If a Feoffment be made upon Condition that the Feoffee shall make a gift in Frankmarriage with the Cosen of the Feoffor this seems to be a void Condition Quaere if he must not make an estate for life So if it had been to make such a Gift to a Religious person If a Feoffment be made upon Condition the Feoffee makes a Lease for life and dies and the Reversion dessends to the Feoffor Quaere if the Condition be extinct The Mortgagee enfeoffs the Heir of the Mortgagor in Mortgage also to be first paid after the first day the first Mortgager dies the Heir tenders the money to the first Mortgagee at the day and he refuses and he tenders the money to the Heir c. and he refuses Some think the Son may perform the Condition for it is not suspended being a Collateral Condition Vide 21 E. 4. the case of a Corody and the payment ought to be made to the Mortgagee though he hath made a Feoffment of the Land as it shall be to the Executors and not to the Heir and 17 E. 3. 2. is not Law And upon the first refusall the heir is not remitted for he shall not be remitted upon a Title If the Tenant atturns upon Condition which is broke by the Grantee yet the Reversion is not devested for the Assent cannot be conditional for he doth not claim the Reversion from him that atturns neither can it be made conditionall by the Act of a Stranger to the grant for if Tenant in tail makes a Lease for years rendring a Rent and dies and the Issue accepts the Rent upon Condition that it shall not prejudice his Entry to avoid the Lease yet he shall avoid the Lease for the Assent is a thing executed which wil not suffer any Condition performable But if the Condition be precedent to the Assent the Condition is good But a Release of Right may be upon Condition as a Release of the Seignory to the Tenant upon condition So of a Release upon condition from one Jointenant to his Companion for there the thing vested in his person is devested unto which a Condition may be annext But otherwise of an Assent And if the Patron assent to the charge of the person upon Condition that is good because the Assent is an Interest in Law If a Gift in tail be made upon Condition the Donee shall make a Feofment which is done accordingly yet the Issue shall have a Formedon for if the Condition be not performed the Donor could not have entered and when it is not performed yet the Estate of the Issue shall not be defeated If a Lease for life be made with such a Condition yet the Lessor may enter for the forfeiture if the Feofment be made So if the Lease had been made upon Condition that he make a Feoffment all is one If an Infant be infeoffed upon Condition to enfeoffe another which is done accordingly yet the Infant may enter for he hath performed the Condition If two are infeoffed upon Condition to infeoffe A. if one does infeoffe him of the one Moity and the other of the other Moity the Condition is performed for the Intent is fulfilled If a Lease for life be made with a Condition of Accruer if before the day the Lessor be attainted yet upon the performance of the Condition the estate enlargeth If a man hath Land by descent on the part of his mother and makes a Feoffment upon Condition to be performed on his part or the Heirs on the part of his Father and the Father dies so that the Land descends to him the Condition is extinct although he dies without Issue for notwithstanding he had the Land from his Mother yet the Condition goes to the Heirs on the part of his Father being a new thing As if a Feoffment be made upon Condition of Land in Borough English the eldest Son shall not enter for the Condition broken as the Heir male must do where a Condition is descended upon the Heir Female But on the other side if the Son makes a Feoffment to his Mother of Land descended to him from his Father and after the Mother dies and the Son dies without Issue the Heir on the part of his Father must perform the Condition and the Heir on the part of his Mother shall have the Land in the mean time and if the Condition had been broke in the life of the Mother it had been all one and the Heir on the part of the Father should have entred for the Son is not remitted by the Descent The case was after the entry the Son granted a Rent
name of both the Dean takes nothing for they take in several Capacities and in common and not jointly But if the Discontinuee enfeoffs the Issue in tail within age and another and makes Livery to the Infant in the name of both though the Infant be remitted for a moity yet the other moity vests in the other and they are Tenants in common for their Capacities are not several but they take severally by the operation of the Law Cessavit IF the Tenant ceases for twenty years a Cessavit cannot be maintained but for the two last years before the Writ And therefore if the Tenant ceases for two years and marries and the Lord recovers in a Cessavit and the Tenant dies the Wife shall be endowed against the Lord for the Cessavit cannot be maintained for the Cesser before the coverture and so the Title of Action shall not have Relation c. but is grounded upon the Cesser two yeares before the Writ purchased and part of it was during the Coverture and then the Cesser of the Husband during the Coverture shall not prejudice the Wife of her Dower But Quaere if the case be not falsly put for it should rather have been that the Baron ceases one year before the Coverture and another year after and then the Cessavit is brought Cessante Causa c. THe Seignoress seises the Body and Land of the Tenant and after marries the Villain ingross of the heir and they commit wast the Heir brings an Action of Wast 't is cleer that his body is out of Ward and being that the Land is in Ward because an Infant cannot perform Knight Service and so the cause is executory and in consideration that the Signory remains and now the Signory during the Coverture by the intermarriage with the Villain is determined in the Tenancy and so the Freehold and Inheritance of the Seignory is merged in the Tenancy by Act in Law notwithstanding that the possession of the Seignory is suspended by reason of the chattle in the Tenancy viz. the Wardship of the Land because that the Husband shall be Tenant by the Curtesy and may be granted over notwithstanding the suspension by reason of the Chattle in the Tenancy by the same reason it shall be a Release in Law to the Lord of the Villein by Act in Law and therefore the land shal be out of Ward for Cessante c. If the Lord of a Villain gives Land in ancient Demesne to the Villain and afterward the Lord reverses the Fine by disceit the Manumission is gone for the conveyance by the Fine which was the cause of the Manumission being vacated the Effect falls to the ground Common v. Apporcionment Condition A. Having two Sons makes a Gift in tail to the Eldest the Remainder in fee to the Youngest on condition that the Eldest shall not make a Feoffment with warranty to the intent to bar him in Remainder and if he does that then the yongest and his Heirs shall enter the Eldest makes a Feoffment with Warranty the Father dies and the Eldest dies without Issue the yongest may enter for the entry given to the youngest is void and then the Heirs of the Feoffor are to enter then the Father having cause to enter and he being dead the Condition is in suspence in the Eldest and revived by his death v. 41. E. 3. 21. and given to the youngest for the Condition was not extinguished by the Feoffment and the Warranty does not bind Titles of Entry But if the Feofment had been after the death of the Father then the Condition had been extinct If I am Lessee for the life of C. and grant my estate to D. upon Condition that if D. dies living C. that it shall be lawful for me to re-enter Quaere if this Condition be sufficient for me to enter upon an Occupant The Mesne grants the Mesnalty upon Condition that if the Grantee pays c by such a day that then he shall have Fee before the day the Grantor to whom the money was to be paid is attainted yet the Grantee may perform the Condition and enjoy the Fee A Lease for life is made upon Condition that if the Lessor grants the Reversion the Lessee shall have it in Fee The Lessor grants the Reversion by Fine to one for life the Grantee shall have it for life and the Lessee shall have it after the death of the Grantee and not before But if the Condition had been that if the Lessee pays twenty pounds c. there he shall devest the possession out of the Grantee Note the diversity If the Husband having a Lease for twenty yeares in right of his Wife grants two years upon Condition that the Grantee shall not grant over his term and if he does that he his Executors and Assigns may re-enter the Husband dies the Lessee grants over his term the Executors of the Husband cannot enter for it is a Condition annext to the Reversion and if they do enter they defeat the Wives Reversion The Eldest Son cannot enter where the Reversion descends to the youngest Son by Borough English or speciall tail Nor the Heir on the part of the Father where the Land goes to the Heir on the part of the Mother nor the Executor of one Jointenant where the Testator made a Lease upon such a Condition and died for then he should devest the Reversion out of the other which cannot be And in the principall case the Wife cannot enter for she is not privy to the Condition neither doth she claim under the Estate of the Husband As if one Jointenant grants his part for yeares upon such a Condition the Survivor cannot take advantage of it But if the Husband had granted over all the years upon such a Condition or the Father had made Feofment of the Land in Borough English he should enter for he claims by the Father Some think the Condition is extinct as if a man makes a Lease for years upon Condition ut supra and dies having a Son and a Daughter by one Venter and a Son by another the Eldest takes the Rent and dies now the Sister shall have the Reversion and the Condition is gone for she is not Heir And a Rent is incident to a Reversion and passes by the Grant of it but so doth not a Condition A Feoffment is made upon Condition to re-infeoffe the Feoffee charges the Land the Grantee brings a Writ of Annuity and Recovers the Feoffor enters 44 E. 3. 9. If A. be bound to pay ten pound to B. and he releases ten pound which he ought him yet this is no performance for there ought to be a payment in Fact And therefore if one be bound to Release a Rent Charge which he hath out of the Mannor of D. and he purchases an Acre now the Rent is extinct and yet the Condition is not performed But If I am bound to enfranchise my Villaine and I bring an Action against him
pence and makes a Feofment of one the Lord grants the Rent reserving the Fealty the Tenant Atturns the Grantee releaseth all his Right in the Land to the Tenant yet he shall have one penny If the Tenant deviseth that the Lord shall make a Feoffment of the Tenancy which is done yet the Seignory is not extinct no more than the Rent Charge shall be where the Grantee makes Livery as Atturny to the Tenant of the Land because he doth it in auter droit A Rent Charge is granted upon Condition the Grantor makes a Feofment the Condition is broke the Rent is arrear if the Condition be extinct by the Feoffment for the Grantor cannot have it in the same manner c. But if the Condition had been that the Rent shall cease upon the Non performance there the Feoffee shall take advantage of it for the Rent doth ipso facto extinguish as a Lease for years upon Condition to be void The Lord having the Ward of the Mesne enters into the Tenancy for Mortmain the Seignory and Mesnalty are extinct If the Tenant infeoffes the Lord to the use of A. or if the Lord infeoffs the Tenant of the Mannor to the use of A. if the Seignory be extinct Note the case Vide Condition Release Estovers Arrerages Feoffment TEnant for life and he in the Reversion join in a Feoffment of all their Land and Tenements lying in the Town where the Land lies that is in Lease and make a Letter of Atturny to make Livery this is a Grant of the Estate for life and also of the Reversion But if they had made a Feoffment of the Land of the Lessee only then it will be the Feofment of Tenant for life and the Confirmation of him in Remainder If a man makes a Feoffment to a Stranger and to his own Wife and makes Livery to the Stranger in the name of both it will be good to the Stranger and void as to the Wife Tenant for life infeoffs the Wife of him in Reversion with a Letter of Atturny to the Lessor to deliver seisin who does it Quaere if he be seised in his own or his Wives Right For he is remitted by the Forfeiture If Tenant in tail infeoffs the Wife of the Donor that is a Discontinuance A Feoffment is made by one Deed in Fee and by another in tail to the same person and Livery made according to both Deeds it shall inure by Moities For otherwise the Livery cannot inure upon each deed For if he should have all the Land in tail the Remainder in Fee then the Livery shall have only operation upon the Estate tail and the other shall be but a Confirmation and then it shall not inure upon both the Deeds but upon one And if Livery had been made only upon the Deed in tail after the delivery of both deeds there should be Tenant in tail the remainder in fee. If one Jointenant enfeoffs his Companion and a stranger the stranger takes all If Tenant in tail enfeoffs the donor he doth not give him the Fee Vide Extinguishment Fem Covert A Man conveyes Land to a Fem sole upon Condition that she payes a sum of money by a day she marries and the money is not paid whereby her Estate is defeated this will binde her after her Husbands death But if the Fem be Tenant for life and the Husband makes a Feofment and the Lessor enters yet the Wife shall have the land after the death of her Husband for it is but a Condition in Law but if the Condition be by Statute as in a Cessavit or Wast where there is a Recovery there it will bind her after the death of her Husband But if the Condition be given by Statute and no Recovery as in Mortmain then the Wife shall not be bound Some Conditions in Law shall bind the Wife if the Husband breaks them as a Condition annext to the Grant of a Parke an Office or a Liberty If a Fem Covert delivers an Obligation bearing date two years after and at the end of the two years her Husband is dead she shall not be Estopt to shew that the Delivery was before the Date Fem Sole IF a Fem sole Tenant in a Praecipe marries pending the Writ all the rest of the pleadings and process shall be against the Wife only If a Fem sole at Mich makes a Writing dated at Christmas and before Christmas she marries and the Husband dies she may say that at the time of the date she was a Fem Covert and he shall not aver the delivery before Fine TEnant in tail levies a fine and takes back an Estate in Fee upon Condition and dies the Heir enters and is remitted the Proclamations passe if that shall take away the Remitter and if the Condition remain If the Wife levy a fine as a Fem sole and the Husband enters all the Inheritance is revoked Forfeiture LEssee for years is received by the Statute of Glocester a Stranger recovers against him in a Praecipe and confirms the Estate of the Lessee for life the Lessor avoids the Recovery by Error and Enters upon the Lessee some think he cannot A. makes a Lease for life and dies leaving his Wife enseint with a Son the Tenant makes a Feoffment the Son is born if he shall enter for the Forfeiture Quaere A Lease is made upon Condition that if the Lessee commits Wast that his Estate shall cease if a Stranger commits wast it is no Forfeiture of his Lease If Tenant for life infeoffs the Wife of the Lessor with a Letter of Atturney to the Lessor to deliver seisin which is done accordingly Quaere if this be a Forfeiture some think it is A Lease is made to E. and F. for their lives F. grants to a stranger for the life of E. that is a Forfeiture of his Estate for he had not an Estate for the life of E. but in respect of the Jointure and an Estate for the life of E. doth not passe from the Lessor in the Moity but upon Condition in Law that the Jointure remains and now he hath given it for the Life of E. absolutely But if both of them had made a Lease for the life of E. that had not been a Forfeiture Causa patet If a Lease for life be made upon Condition that the Lessee shall infeoffe A. which is done the Lessor may enter for breach of the Condition in Law scilicet the Forfeiture Tenant for life grants over his Estate upon Condition after Title of Entry the Grantee makes a Feoffment the Lessor enters for the Forfeiture some think the Lessor may enter upon him for the Title of Entry for the Forfeiture is by the Common Law which shall not destroy another Title comming in respect of the Estate Land is given to a man and a Fem sole and to the Woman in speciall tail they marry and have Issue the Husband aliens a moity and dies the Issue dies without Issue if the Wife
of A. only I have a Reversion for the life of B. for they were two Estates but here was but one Estate and all that Grant was irrecoverable if A. survived then the possibility of the surviving of A. doth not make a reversion in the first Lessee But it is as if I am Lessee for the life of C. and I grant my Estate upon Condition that if D. dies living C. that I shall re-enter I have no Reversion notwithstanding this Condition for if the Condition be sufficient for me to enter upon an Occupant Quaere If the Bastard endows the wife of the common Ancestor Quaere in whom the reversion shall be If Tenant for life surrenders upon Condition and the Lessor marries and dies and the Wife is endowed against the Heir and after Tenant for life enters for breach of the Condition and not by the Wife and no default in the Heir yet the Wife shall not have the reversion of the Land after the death of Tenant for life for the Freehold which was the cause of her Dower was taken away by an Eign Title If a Lease be made for life reserving a Rent and the reversion is granted to the Lessee for his own life the Grant is void and he shall pay the rent but if the grant of the Reversion to another for the life of the Lessee that had been good for he shall have the rent and take a Surrender without Livery A lease is made to A. and B. for their lives and after the Reversion is granted to C. during the lives of A. and B. they make partition and A. dies the Question is if the first Lessor shall have his part after his death or C some think the Grant of the reversion was good for if the Tenant for life had entred into Religion C. should have the Land Quaere of this forreign Intendment but if the Reversion doth passe the Rent shall passe as a Rent Service And if the first Estate had been upon Condition to cease C. should have had it during their lives then it seems the Partition severs the Reversion for though by the first Grant he was intitled to have the Reversion so long as either of them lived that was in respect of the Jointure and when that is severed so is the reversion so that the first Lessor shall have it after the death of Tenant for life and not C. Quaere If a Lease be made for twenty years rendring a Rent and the reversion is granted for ten years that is a good Grant and he shall distrain for the Rent Quod nota If Husband and Wife accept a Fine Sur conusans de Droit come ceo c. of the Wives Land from B. and they render it to him in tail yet the Reversion is in the wife only for the Husband had nothing but by reason of the Coverture If the Donor confirm the Estate of the Donee in tail that is a Grant of the Reversion in Law A Recovery is had against Tenant for life upon a false Oath he in Reversion dies without Heir Tenant for life brings an Attaint and reverseth the Judgement To whom the Reversion is recovered is the Question Vide Remainder Reviver IF the Tenant makes a Lease for years to the Lord and he makes a Lease for life and the Tenant enters the Seignory is revived after the death of the Tenant for life notwithstanding there was a Disseisin and the Lord was the Disseisor by the Statute If the Tenant enfeoffs the Lord upon Condition and enters for the Condition broken the Seignory is revived But if the Lord grants his Seignory in Fee to one who hath the Tenancy with a Condition and after the Feoffor enters for the Condition broken before or after the Seignory is gone in both cases If the Lessor recovers in Wast against the Lessee for life who comes to the Seignory after the Wast committed the Seignory shall be revived but otherwise if Wast had been made after the Seignory accrued If after a Dissent the Disseisor comes to the possession again the Entry of the Disseisee is revived If a Bastard dies seised leaving Issue who endows his mother the Mulier may enter for the Wife is endowed by an Eign Title and so the right is revived If a Disseisee enters upon a Dissent and dies seised and the Heir endows his Mother the Entry of him who was in by Descent is revived If the Tenant enfeoffs the Heir of the Lord upon Condition the Lord dies the Condition is broken the Seignory is revived If the Grantee of a Rent Charge in Fee grants to one that if he pays to him or his Executors twenty Shillings by such a day that he shall have Rent in Fee the Grantee dies without Heir the second Grantee pays the money to the Executors according to the appointment the Rent is revived A. having Common Sans number in tail in two Acres purchaseth one Acre and then hath Issue and dies so that the Common in one Acre desdescends to the same Issue if the Common shall be revived in the other If the Issue had recovered one Acre against the Grantor by a Title before the Grant there it shall remain in the other Acre for then it is as if but one Acre had been charged at the first but upon a Dissent there can be no apporcionment for it is gone and suspended for all or revived in the residue for all for Common without Number is intire and cannot be severed but Common certain may be apporcioned upon a Dissent If the Lord disseises his Tenant and is disseised and the Tenant enters the Seignory is revived If Tenant for life aliens in Fee to the Grantee of a Rent in Fee by his Lessor and the Lessor enters for a forfeiture the Rent is revived Seisin LOrd and Tenant the Lord having a Son dies the Tenant makes a Feoffment the Son hath Seisin of the Rent by the hands of the Feoffee if this Seisin be sufficient for the Son to maintain an Assize against his Disseisor after Severance of the Jointure IF Two Jointenants make a Lease for life and after one grants his part to a stranger for the life of the Lessee some think it is a severance of the Jointure If two Women Jointenants be Mesnes and one of them marries the Tenant the Moity of the Mesnalty is suspended and the Jointure severed Vide Jointenants Statutes THe Husband is bound in a Statute Merchant after he and the Wife levy a Fine of the land of the wife to A. the Husband dies the Statute shall not be extended in the hands of A. for nothing passed from the Husband but the Estate which he had during the Coverture which is determined by his death and A. shall have the same benefit which the Heir of A. should have had or as he should have if the Wife had been discovert and had granted it for it is lawfull for a Fem covert to grant her Estate by Fine and
Issue and dies it seems this remainder shall not be Assets in the Heir in a Formedon or Debt for the remainder was never in the Mother for it commenced after her death But if a Rent Charge be granted to I. to commence after his death 't is otherwise for the Heir takes it by descent If Executors have a Villaine in right of their Testator and enter into Land purchased by him it shall be Assetts although they have a Fee as Land descended to the Heir shall be Assetts to a Chattle viz. to a Debt of a Stranger The Grantor of a Rent Charge in taile einfeoffes the Grantee of the Land who makes a gift in tail of the Land rendring so much of the Services as he pays over to the Lord Paramount it seems that these Services shall be Assetts in the Heir for they are particularly reserved for the Land Assignee IF a Feoffment be made with Warranty to the Feoffee his Heirs and Assigns if he makes a Feoffment over and the second Feoffee re-enfeoffes the first Feoffee he shall vouch for he may be Assignee of his Father being he does not claim as Heir And the Lord by Escheat or Mortmain or of a Villaine or who enters for a Consent to a Ravisher shall not be said Assignees and yet they shall Rebutt If Tenant in tail be with Warranty to him his Heirs and Assignes his Feoffee in Fee shall not be said Assignee for he hath no part of the Estate tail If Land be given to One and his Assignes for ever and it is ganted to him and his Assignes that they shall have twenty Load of Wood yearly for ever Tenant for life grants over his Estate and dies the Assignee shall not have the Wood because his Estate is now determined Attainder A. Dyes leaving two Daughters the one is attainted of Fellony a Lease is made the remainder to the right Heirs of A. the other shall not take the Daughter that was attainted being living for one is not Heir alone but if the Father dies seised of Land a moity shall escheat If the Mesne grants the Mesnalty upon condition that if the Grantee pays a certain sum of Money to the Grantor that he shall have Fee and before the Day the Grantor is attainted of Felony and executed yet the Grantee shall have Fee for the Condition is become impossible to be performed by the act of the Grantor But if a Jointenant makes a Lease for five yeares upon Condition that if the Lessee does such an Act he shall have it for twenty years and before the day the Lessor dies now the Condition is void by the Surviver If a man grants a Rent Charge to begin at a day to come and before the day the Grantor is attainted of Felony yet the charge is good If a Remainder be limited to the right Heirs of A. who hath a Daughter and dies who enters and after a Son is born and attainted yet the Remainder shall not be devested out of the Daughter The Son endowes his Wife Ex Assensu Patris the Son is attainted of Felony it seems that the Wife should not retain her Dower for 't is the Dower of the Son for she claimes it from the Son and if she brings a writ of Dower of it Ne unques accouple in loyall Matrimony is a good Plea and if there had been a disseisin of it a Collateral Warranty shall be no bar to the Wife for she pretends no Title to it but by the death of her Husband and then the Warranty descends before her Title for if it descends after her Title it shall be a good bar And if she after her Dower so assigned be attainted of Felony and after hath her Charter of pardon for her life and after the Husband dies she shall retain her Dower for her Interest in it commenced after her Pardon And yet by her Attainder she forfeited all her Inheritance Free hold and Chattles Real If an Attainted person be enfeoffed to the use of another the possession cannot vest in the other but must escheat but he which is Attainted may be an Atturny Grandfather Father and Son the Father is Attainted of Treason and dies and after the Grandfather dies seised of Land the Lord of whom the Land is holden shall have it by Escheat and not the King For the Father had it not at the time of Attainder And being that the Grandfather dyed without Heir the Land shall Escheat So it is if the Father be Attainted of Treason and the Grandfather dies leaving the Father The Issue in tail is Attainted of Felony and is pardoned and his Father dies and a Stranger having cause of Action against whom he shall bring his Action is the Question Some say that the Donor hath the Free-hold in Law as if Tenant in tail dies leaving his Wife Enseint Others say there is none against whom the Action may be brought as if Tenant for Life grants over his Estate to B. who dies now before Entry there is none against whom the Action may be brought Tenant in tail makes a Feoffment within Age and is Attainted of Felony his Issue shall not enter for he is disabled in blood to take advantage of the Infancy because the Infant had no Heir A. Covenants upon a Marriage to stand seised to the Vse of another and before the Marriage the Covenantee is Attainted of Felony yet upon the Marriage the Vse will rise as a Lease for life with a Condition of Accruer if the Lessor be Attainted yet the Estate shall enlarge Tenant is tail is disseised and releaseth to the Disseisor with Warranty and then is Attainted of Felony and hath a Pardon and dies this is a Discontinuance for if he had purchased Land after his Pardon it should descend to his Heir then the Warranty being in Esse at the time of his death there is no Impediment but that it should descend But if Tenant in tail who hath a Warranty annexed to his Estate be Attainted of Felony and Executed his Issue shall not Inherit the Voucher by reason of the Warranty although he hath the Land for the Warranty is out of the Statute de Donis c. which speaks of Lands and Tenements But some think that by the Equity of the Statute it is preserved as well as Charters 21 H. 6. 2. p. Markham 9 H. 6. 60. Cott. p. Charters Tenant in tail makes a Lease not warranted by the Statute and dies the Issue accepts the Rent and is Attainted of Treason if the King shall avoid it Quaere If the Grandfather be Tenant in tail and the Father is Attainted of Treason and Executed yet the Son shall Inherit as Heir to the Grandfather If A. commits Felony and the Lord grants his Seignory and after A. makes a Feoffment upon Condition and is Attainted and hath a Charter of Pardon and after re-enters for breach of the Condition and dies If an Occupant shall have the Land the Issue or
Feoffee the Wife re-enters she is not remitted Tenant for life the remainder in Fee makes a gift in tail the remainder in Fee he which had the first remainder releaseth all his Right to the Donee without saying to his Heirs and dies the Donee dies without Issue the Heir of him in Remainder enters if he be remitted If the Disseisee takes an Estate in Fee from him who had the Land by descent he agrees unto it and yet if he dies seised his Heir shall be remitted The Issue in tail within age having a Title to bring a Formedon accepts from the Discontinuee a Bargain and sale inrolled he shall not be remitted for he is in by the Statute Tenant in tail the Remainder to his right Heirs makes a Lease to the Issue within age upon Condition to have Fee at full age during the Term he performs the Condition he shall be remitted for the Contract was during his Minority As if an Infant delivers a Deed as an Escrowl to be delivered as his Deed when he comes of full Age and receives the money yet he shall avoid the Deed. Vide Release Condition Rent LEssee for life makes a Lease for forty years rendring a Rent the Lessor confirms the Estate of the second Lessee and then Tenant for life dies within the term the Lessor distrains and avows for the Rent some think it is not maintainable Lord and Tenant by Homage Fealty and Rent the Lord grants his Homage upon Condition reserving the Rent the Condition is broken he hath no Remedy for the Arrerages due before Tenant in tail discontinues in Fee and takes back an Estate in Fee and grants a Rent Charge in Fee and dies the Lord seiseth the Ward the Grantee distrains for the Rent and the Lord makes Rescous and the Grantee brings an Assize some think it is maintainable Lessee for life makes a Lease for ten years rendring a Rent the Lessee for years makes a Feofment he shall hold the Land discharged of the Rent though it binds the Lessee for life for the rent cannot indure longer than the reversion and though he had granted it to a Stranger yet had it been gone and so it differs from the other which is not in respect of the reversion And if a man makes a Lease for life reserving a rent to the use of A. and Tenant for life surrenders the rent is gone 1 Ass 10. If the Mesne grants the rent of the Tenant and the Tenancy Escheats the Rent is gone A. makes a Lease for life and grants a Rent Charge out of the reversion the Grantee purchaseth the Estate of Tenant for life who dies and the Lessor enters if the Grantee may distrain for all the Arrerages from the time of the Grant A Rent is granted to commence after the Death of the Grantee who dies if his Wife shall be endowed The Father dies seised of a remainder having two Sons by two venters the Eldest Son being Tenant in tail of the particular Estate grants a Rent Charge in Fee and dies without Issue the second Son enters and an Avowry is made upon him for the whole Charge If a man hath two Daughters by two venters or by one he dies and the Eldest grants a Rent Charge and dies before Entry into the Land some think the youngest shall hold all the Moity charged as if one Jointenant grants a Rent charge and dies the Survivor shall hold all discharged If Land be devised reserving a Rent that is a void reservation for the reservation of the Rent cannot be good but in respect the Reservor might take advantage of it by possibility and the Heir cannot have that which the Ancestor could not for if a Re-entry be reserved to the Heir it is void If Tenant in tail holds by Rent and the Donor grants the Services of the Donee nothing passeth though there be Atturnment for the Rent cannot passe but as a Rent Service For if there be Lord and Tenant by Rent and Fealty and the Lord grants the Services saving the Fealty nothing passeth for it must passe as a Rent Service for it is granted by the name of Services for a Rent seck or Rent Charge cannot passe by that word Quaere if the sueing be not void for the Repugnancies and as a Rent Service it cannot passe for then the Donee should pay one Fealty to the Grantee and another to the Donor for the reversion and so the Donor should charge him with two Fealties which cannot be no more than the Lord can grant the Moity Tenant for life grants a Rent Charge in Fee and after he and the Lessor make a Feoffment of all their Land in such a Town where the Land lieth and make a Letter of Atturny to make Livery yet the Rent indures but for the life of Tenant for life for it is but a Grant of the Estate of Tenant for life and also of him in Reversion But if they had made a Feoffment of that Land only then the Rent should endure for ever for it is the Feoffment of Tenant for life and the Confirmation of him in Reversion Quaere for the Deed is first delivered and after the Livery is made and the reversion passeth by the delivery of the Deed for it is an Atturnment of the Tenant for life by the delivery of the Deed. If a man reserve a Rent upon a Lease for life he hath not a Fee in it for his Wife shall not be endowed but if Lessee for life grants a Rent in Fee a Fee passeth for by possibility it may endure for ever that is if the Lessor confirms it But if Tenant for life grants a Rent in Fee to the Lessor who grants it over yet he shall avoid it after the death of Tenant for life for it cannot be a Confirmation though it were granted by Dedimus Concessimus for the Grantee had not possession of it before and one and the same word at the same time cannot amount to a Grant and a Confirmation also And therefore if a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged If Tenant pur auter vye grants a Rent Charge in Fee and after he hath the Reversion by descent or release Cesty que vye dies he shall hold it discharged but if after the Fee was vehe had made a Feoffment the Feoffee should not have avoided it after the death of Cesty que vye A Seignory is granted for years the Rent being arrear the Tenant dies the years expire the Heir shall not be charged as Heir in Debt if the Father did not bind himself and his Heirs by expresse words and the Executors shall not be charged for they were not chargeable with it at the death of the Testator for at that time the Grantee could not have had an Action of Debt for it but he must have Distrained and so the Lessee is without remedy If a Rent be