How it hath
beginning.

How a determination of

it.

Rents. Lib. 2. Cap. 12.

Wheresoever the tenant holdeth of his lord by certain rent, 213, whether it be upon a gift in tail, for life, or for years, 58, 214, or upon a feoffment in fee before the stat. quia emptores terrarum, 216, 217, for which a distress is incident of common right, and the tenant is not bound to tender it elsewhere than upon the land out of which it issueth, 341.

But then the reversion must remain in him who hath the rent, 215, 228. 346, for rent passeth as incident to the reversion, 572, but not the reverse, 229, for where no fealty is there can be no rent service, 227.

In part by the purchase of parcel of the land; for it is apportionable, unless it be so entire as it cannot be severed; and then such services as are annual are clearly extinct; such as are not, go out of the remnant that is left, 222, 223.

In all
by dis-
seisin.

By a stranger: as if one be disseised of a manor, and the tenants attorn by paying the rent to the disseisor and he die, and his heir be in by descent, 587, if it had been of another rent in gross, it had been a disseisin to me, but at mine election, 588, 589, but if I had given parcel of the manor in tail, before non-payment of the rent, tenant in tail continuing in possession, it could have been no disseisin to me, for that by the gift it is severed from the manor, 590, 591.

Rent-charge, viz. when one granteth rent with a clause of distress, 218, or when rent is granted apon equality of partition; where note, 251, 252, 255,

By the tenant himself; wherein

note

How a grant of such a rent doth inure; scil. either

The divers kinds of disseisin; and, which is common to

which are

the others, Menacing of him which should demand it, 240.

Rent seck;

in which consider

By what means,
such rent may be
lost.

How it hath the
original.

How it may be
when it is lost.

By grant:

If one grant rent out of land without clause of distress, 218.

If one hold by fealty and rent, or by homage, fealty. and rent, and the lord grant the rent only, or grant the rest, reserving the rent, 225, 226.

By other accidents; as if there be lord mesne and tenant, the tcnant holding over by 5s. rent, the mesne holding over by 12 d. the lord purchaseth the tenancy, the mesnalty is extinct, yet shall the mesne have the surplusage of the rent, which is 4s. as a rent seck, 231, 232.

recovered,

Not by distress, for that were contrary to the name of rent seck, quasi redditus siccus, 218.

But if the grantee have had seisin thereof, if he be disseised of it, which is by denial, enclosure, 259, he may have an assise, 233. 235.

THE LAWRENCE S. FLETCHER

MEMORIAL FUND

STANFORD SCHOOL OF LAW

1

THE

FIRST PART

OF THE

Institutes of the Laws of England ;

OR, A

COMMENTARY UPON LITTLETON.

NOT THE NAME OF THE AUTHOR ONLY, BUT OF THE LAW ITSELF.

Quid te vana juvant misera ludibria charta?
Hoc lege, quod possis dicere jure,—meum est.

Major hæreditas venit unicuique nostrum à jure et legibus, quàm à parentibus.

MART.

- CICERO.

HÆC EGO GRANDEVUS POSUI TIBI, CANDIDE LECTOR,

AUTHORE EDWARDO COKE, MILITE.

With Additions of NOTES, REFERENCES, and PROPER TABLES,
By FRANCIS HARGRAVE and CHARLES BUTLER, Esqrs. of Lincoln's Inn,

INCLUDING ALSO

The NOTES of Lord Chief Justice HALE and Lord Chancellor NOTTINGHAM;

AND

An ANALYSIS of LITTLETON, written by an unknown Hand in 1658-9.

BY CHARLES BUTLER, Esq.

THE EIGHTEENTH EDITION, CORRECTED.

IN TWO VOLUMES.

VOL. I.

LONDON:

PRINTED FOR J. & W. T. CLARKE; R. PHENEY; AND S. BROOKE.