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

CHAP. II. Statutes.

THe last ground of the Laws of England standeth in divers Sta­tutes made by our Soveraigne Lord the King, and his Progeni­tors, and by the Lords Spiritual, and Tem­poral, and the Commons in divers Parlia­ments, in such cases where the former Laws seemed not sufficient to punish evill men, and to reward the good.

Of general Statutes the Judges will take notice if they be not pleaded, but not of spe­cial, or particular.

All Acts of Parliaments, as well private as general, shall be taken by reasonable con­struction, be collected out of the words of the Act only, according to the true intention and meaning of the maker.

Foure lessons to be observed, where contrary Laws come in question.

1. The inferiour Law must give place to the superiour.

2. The law General must yeild to the Law special.

3. Mans laws to Gods Laws.

4. An old law to a new law.

[Page 20]And oftentimes all these laws must be joyned together to help a man to his right; as if a man disseized, and the disseizor made a Feoffment to defrand the plaintiff, in this case, it appears that the said unlawfull entrie is prohibited by the law of Reason.

But the Plaintiff shall recover double dammage, and that is by the Statute of 8 Hen. 6. And that the dammage shall be sessed by 12. men, that is, by the custome of the Realm, and so in some case, these three laws do maintain the Plaintiff's right.

And these laws concern either mens pos­sessions, or the punishment of offences.

And so much shall be sufficient to be said touching common Law, Customes, and Sta­tutes.

CHAP. III. Of possession of Frank-Tenement.

TEnant in Fee-simple, is he which hath Lands, or Tenements to hold to him and his heires for ever. It is the best Inheritance a man may have; He may sell, or grant, or make his Will of those Lands.

And if a man die, they do discend to his heire of the whole blood.

CHAP. IV. FEE-TAYLE.

Fee-Tayle is, of what body he shall come that shall inherit.

Tenant in Tayle, is said to be in two man­ners.

Tenant in Tayle General, and Tenant in Tayle Special.

GEneral Tayle is, where Lands or Tene­ments be given to a man, and his wife, and to the Heires of their two bodies, or to his heires males, or to his heires females.

CHAP. V. PARCENERS.

THey may have a Writ of Partiti­on, and the Sheriff may go to the Lands, and by the oath of 12: men, make Partition between them, and the eldest shall have the Capitall Messuage by the Common Law, and the youngest by the Custome; Where the par­ties will not shew to the Jewry the certain­tie, there they shall be discharged in consci­ence, if they make Partition of so much as is presumed and known by presumptions and likelyhoods.

Parceners may by agreement make parti­tion by Deed, or by Word, and the eldest first choose, unless their agreement be to the contrary.

Every part at the time of the partition must be of an even yearly value, without in­cumbrance.

Rent may be reserved for equality or Par­tition (and may be distrained for) without a Deed.

[Page 26]Parceners by divers discents, before par­tition, being disseized, shall have one assize.

A Parcener before partition, may charge, or demised her part.

The entrie or Act of one Copartner, or joynt-Tenant shall be the Act of both; when it is for their good.

If a Parcener after Partition be entred, she may enter upon her Sisters part, and hold it with her in Parcenary, and have a new Par­tition, if she hold none of her part before she was outed, viz. in exchange.

CHAP. VI. JOYNT-TENANTS.

IOynt-Tenants be such as have joynt estates in goods, or lands, where he that surviveth shal have all without incumbrance, if the Tenements abide in the same plight as they were granted.

Joynt-Tenants may have several estates;

A Joynt-Tenant cannot grant a Rent­charge, 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 [Page 27] 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 'tis void.

CHAP. VII. TENANTS in COMMON.

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.

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 [Page 29] 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.

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.

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.

[Page 31]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.

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, because of such alienation, but is put to his Writ.

If a man seized in the right of his Wife, or if a Tenant in Tayle made a Feoffment, and died, the Wife might not enter, nor the Issue in Tayle, nor he in Reversion, but are put to the Waction.

Now the wife may enter by the Statute, 3: 2. H. 8. and a recovery suffered by the Te­nant by curtesie, or by the Tenant after possi­bility of issue extinct, or for terme of life, is now made no discontinuance.

Such things that pass by way of a grant by deed without livery, and seizin, cannot be discontinued as a reversion, or Rent-charge Common, &c.

A Release or Confirmation without War­ranty, maketh no discontinuance.

CHPP. XVI. DISCENTS.

DIscents which take away entries, is where a man disseizeth another, and dieth, and his heire entreth, or ma­keth a Feoffment to another in Fee, or in tayle, and he dieth, and his heire entreth; these discents put a man from his entrie.

A discent, during minority, marriage, non sanae mentis, imprisonment, or being out of the Realm, do not take away an entry.

Discents of Rents in gross, the Lord not­withstanding may distrain.

A dying seized of a terme for life, or of a Remainder, or Reversion, doth not take a­way an Entrie, he must die seized in Fee▪ and Frank-Tenement.

A diseizin cannot be to one joynt-Tenant or Parcener alone, if it be not to the other.

If a condition be broken after a discent, the Donor, Feoffor, or his heires may enter.

A wrongfull diseizin is no discent, unless the diseisor have quiet possession five years without entrie, or claime, 32. H. 8.

CHAP. XVII. CONTINUALL CLAIME:

COntinual Claime is a demand made by another of the propertie or pos­session of a thing which he hath not in possession, but is withholden from him wrongfully; defeateth a discent, hap­ning within a year and a day after it is made, and now by the statute within five years.

CHAP. XVIII REMITTER.

REmitter is, when by a new title, the Frank-Tenement is cast upon a man, whose entrie was taken away by a discent, or discontinuance, he shall be in by the elder title; as if Tenant in tayle discontinue the tayle, and after diseizeth his continuance, and dieth thereof seized, and the land di­scend to his Issue, in that case he is said to be in his Remitter, viz. seized his Ancient E­state tayle.

When the entrie of a man is lawful, and he taketh an estate to himself, when he is of full age, if it be not by Deed indented, or matter [Page 37] of Record which shall estop him, it shall be to him a good Remitrer.

A Remitter to the Tenant shall be a Re­mitter to him in the remainder, and reversion

CHAP. XIX. TENURES.

ALL lands are holden of the King im­mediately, or of some other person, and therefore when any that hath Fee, dyeth without heire, the lands shall escheate to the Lord.

And they are holden for the most part ei­ther by Knights service, or in Soccage.

Knights Service draweth to it Ward, Mar­riage, and Relief, viz.

CHAP. XXI. RENTS.

REnt-Service is, where a man hold­eth his lands of his Lord by cer­tain Rent, and so forth.

Rent-Charge is granted, or re­served out of certain Lands by Deed, with a clause of distress.

Rent-Seck, is a Rent granted without a distress; or Rent-service, severed from other service, becometh a Rent-seck.

The Reversion of a Rent without a Deed, is void if the Reversion be not in the reser­ [...]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.

[Page 42]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.

CHAP. XXIII. Diseizin of Rents▪

FOrestalling is, when the Tenant doth with force, and armes, way­lay, or threaten in such manner, that the Lord dareth nor distrain, or demand the Rent.

[Page 74]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.

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.

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, but by presentment in the Leete.

If a private way be straitned, or if a bridge there, which another ought to repair, be de­cayed, an action of the case lieth; But if the way be stopped, an Assize of Nusance lieth, and the Lessee may have it after the Lessors years begin, or the Lessee may have an acti­on of the case: if the most part of a Water-Way, be stopped, an Assize will lie.

CHAP. XXVI. LIBERTIES.

ALL Liberties are derived from the Crown, and therefore are extin­guished if they come to the Crown again by escheate, forfeiture, or such like, for the Greater doth drowne the lesser.

One may have Park, a Leete Wayfe, stray, wreck of Sea, and [...]enura placitorum, by pre­scription, and without allowance in Eyre.

But not Cognizance of plea, nor Cattalla fellonum, vel fugitinorum, aut ut ligatorum

A libertie may be forfeited by misusing, as to keep a market otherwise then it is granted.

A libertie may be forfeited for not using, when it is for the good of the Common­wealth; as not to exercise the Office of the Clarke of the Market; but not to use a mar­ket, is not.

Whatsoever is in the King, by reason of his Prerogative, may not be granted, or pardoned by generall words, but by speciall.

CHAP. XXVII. Of Chattells Reall.

GUardianship is a Commodity of ha­ving the custodie of the body, or lands, or both, where the heire is within age; and the Lord of whom the Land is holden, by Knights service, shall have the same to his own use; for it is a Chattell Re­all, and therefore his Executor shall have it.

The Guardian must not do waste, nor in▪ feoff, upon pain of losing the Wardship. But he must maintain the buildings out of the Issues of the Lands, and so restore it to the heire.

If the Committee of the King commit, the Wardship shall be committed to another; if the Grantee, he shall lose the Wardship.

And one of the friends of the Ward, being his next friend that will, may sue for him.

If a Lease be made to a man and his heires for 20. years, it is a Chattell, and his Execu­tor shall have it; otherwise if a man Will a Lease to a man and his heires, here the word [Page 51] Heires, are words of purchase, and his heires shall have it▪

If a man grant, Proximam advocationem to I. S. and his heires, it is but a Chattell, for it is but for unicâ vice.

Writings pawned for money lent, are Chattells.

If a woman have execution of Lands by Statute-Merchant, and taketh a husband, he may grant it, for it is a chattell.

CHAP. XXVIII. OF CONVEYANCES.

CONVEYANCE of a Woman Covert is void, without the consent of her hus­band, and it ought to be made in her and his name, except it be done as Executor to an­other.

Of an Infant, that which doth not take ef­fect with the delivery of his own hands, is void, and an Action of Trespass will lie a­gainst him, for taking the things given.

[Page 53]Otherwise it is but voidable, except it be as Executor, or for necessary meat, and drink, &c. for his advantage.

Voidable Of non sane memorie, Royall.

Voidable or made by duresse, Royall.

VOydable by the parties themselves, and their heires, and by them that shall have their estates, except Non sane himself.

CHAP. XXIX. OF DEEDS.

IN the Writing must be shewed the per­sons names, their dwelling place, and de­gree. The things granted, upon what consideration, the estate, whether absolute, or conditionall, with the other circumstances, and the time when it was done.

No grant can be made, but to him that was partie to the Deed; except it be by way of Remainder.

The words must be sufficient in Law to bind the parties; as if a man grant omnes terras certa sua, a Lease for years passeth not, but for Frank-Tenement, at least, nec per om­nia bona sua.

CHPP. XXX. BARGAINS and SALES.

NO Mannor-lands, Tenements, or o­ther hereditaments can pass, alter, or change, from one man to ano­ther, whereby an estate of Inhe­ritance or Free-hold is made, or taketh ef­fect in any person or persons, or any use thereof is made, by reason only of any Bar­gain and Sale therefore, except the same be made by writing indented, sealed, and in­rolled in one of the Courts of Record at Westminster, or within the same Court or Countie where the Tenements so bargain­ed, do lie, before the Custos Rotulorum, and two Justices of Peace, and the Clerk of the Peace, or two of them, where of the Clerk of the Peace to be one, and that within six months after the date of such writing in­dented, 27, H. 8.

The inrollment shall be indented the first day of the Terme, and shall have relation to the delivery of the Deed, against all stran­gers.

CHAP. XXXI. FEOFFMENTS.

IF a Feoffment be made, and the Lessee for years give leave to the Lessor to make Livery and seizin of the Premisses, saving to himself his Lease, &c. and he doth, the terme is not surrendred; for the Lessee had an Interest which could not be surrendred without his consent to surrender, & here his intent to surrender doth not appear; where­fore he may enter, & have his term & the rent is renewed, [Page 60] but it is otherwise with a Lessee for life, and the rent is extinct.

The Lessor cannot make Livery and seizin against the Will of the Lessee being on the Land; But he may grant the Reversion, and if the Lessee do Attorn, the Free-hold will pass without Livery of seizin.

CHAP. XXXII. EXCHANGE.

EXCHANGE, importeth in the Law a Condition of Re-entry, and a Warranty voucher, and recompence of the other land that was given in Ex­change; an Assignee cannot re-enter, nor vouch, but Rebate; Exchanger may re-enter upon an Assignee. And the same condition de­feated in part, is defeated in the whole, and the same law is in partition.

CHAP. XXXIII. GRANTS.

GRants must be certain. A Grant to I. S. or I. N. is void for the incertaintie, al­though it be delivered to I. S. The deli­very [Page 63] of the Deed will not make a void Grant good, or to take effect.

The Lord cannot Grant the Wardship of his living Tenant; because of the uncertainty who shall be his heire, unless he name some 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, [Page 64] 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.

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▪ [Page 67] 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 Coale­mines, 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.

[Page 68]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.

[Page 69]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 [...]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. [...]. 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.

[Page 70]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.

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.

CHAP. XXXVII. RELEASES.

A Release or Confirmation made by him that at the time of the making thereof had no right, is void; if a right come to him afterwards, unless it be with warranty, and then it shall barr him of all right that shall come to him after the warranty made.

[Page 76]Release, or confirmation made to him that at the time of the Release, or Confirmation made, had nothing in the Lands, is void, it behoveth him to have a Free-hold or a pos­session and privitie.

A Release made to a Lessee for years, be­fore his entrie, is void.

A man may not release upon a Condition, nor for a time, nor for part; But either the Condition is void, and the time is void, and the Release shall enure to the partie to whom it is made for ever, for the whole, by way of extinguishment: But a man may deliver a Re­lease to another, as an Escrowe, to deliver to I. S. as his Act and Deed if I. S. do perform such a thing, or Release upon a condition by Deed indented, may be good.

A Joynt-tenant or a Rent-charge, may re­lease, yet all the Rent is not extinct, nor yet if he purchase the lands, his fellow shall have the Rent still.

If the grantee release parcell of a Rent­charge to the Grantor, yet all the Rent is not extinct.

A Release to charge an estate, ought to have these words, Heires, or words to shew what estate he shall have.

A release made to him that hath a Reversi­on, or a remainder in Deed, shall serve and [Page 77] help him that hath the Frank-tenement; So shall a Release made to a Tenane for life, or a Tenant in Tayle, inure to him in the Reversi­on, or Remainder, if they may shew it, and so to Trespassors and Feoffees, but not to Dis­seisors.

A Release of all manner of Actions doth not take away an entrie, nor the taking of ones Goods againe, nor is any Plea against an Executor.

A Release of all demands, extinguisheth all Actions Reall and Personall, appeales, Execu­tions, Rent-charge, Common of Pasture, Rent-Service, and all right, and Seizure, and all right in Lands, and propertie in Chattels: But not a possibility, or future duty, as a Rent payable after my death, and such like.

CHAP. XXXVIII. CONFIRMATION.

AS if a Tenant for life, will grant a Rent-charge in Fee, then he in the Reversion may confirme the same Grant.

[Page 78]Whereas a man by his entrie, may defeat an estate; there by his Deed of Confirmati­on, he may make the estate good.

A Confirmation cannot charge an estate that is determined by express Condition, or limitation; To confirm an estate for an houre, if it be for Tenant for life, it is good for life; if to Tenant in Fee, for ever.

A lease for years may be confirmed for a time, or upon condition, or for a piece of the Land; But if a Frank-tenement be, it shall enure to the whole absolutely.

A Confirmation to charge an estate, must have words to shew what Estate he shall have.

To confirm the Estate of Tenant for life, to his heires, cannot be but by Habendum, the Land to him and his heires: And there­fore it is good to have such a Habendum in all confirmations.

In a Confirmation, new service may not be reserved, old may be abridged.

A Confirmation made to one Disseizor, shall be voidable to the other, so shal not a Release.

CHAP. XXXIX. CONDITION.

ESTATE made, and the condition against the law, the Estate's good, the Condition's void.

If the Estate beginneth by the Con­dition, then both are void.

Bonds with Conditions expresly against the Law, are void.

Conditions repugnant, the estate good, the Condition void.

Conditions impossible, are void, the E­state good; it shall not enlarge any estate.

By pleading, a man may not defeat an E­state of Frank-Tenement, by force of a con­dition in Deed; without he shew the Condi­tion of Record, or in writing sealed; yet the Jurie may help a man, where the Judges will take their Verdict at large: of Chatttels he may.

Promise doth make a Condition; but when it doth depend upon another sentence, or hath reference to another part of the deed, it maketh no condition, but a qualification, [Page 80] or limitation of the sentence, or of that part of the Deed, as provided, that the person of the Grantee shall not be charged.

He which hath interest in a Condition, may fulfill the same for safeguard of himself.

Between the parties, it is not requisite the Condition be performed in every thing if the other do agree, but to a stranger it must.

If the Obligee be partie to any Act. by which the Condition cannot be performed; then the Obligor shall be discharged; So he shall be by the Act of the Condition.

Where the first Act in the Condition is to be performed by the Obligee, and he will not do it, there the Obligation is not forfeited.

Where no time is set, if the Condition be for the good of a stranger, or of the Obligee, then it is to be performed within convenient time, if for the good of the Obligor at any time during their lives; Immediately, shall not have such a strict construction; but that it shall suffice, if it be done in convenient time.

If a man be bound to pay money, or farm Rent, he must seek the parties. But if he be bound to perform all payments: if he render his farm on the land, it sufficeth.

If the Feoffee, or Feoffor die before the day of payment, the tender shall be to the [Page 81] Executor, although the heire of the Feoffee do enter, if the heire be not named, vide, Assignee in assignement.

The money must be tendred so long before Sun-set, that the receiver may see to tell it.

To pay part of a Sum at the day, cannot be satisfaction for the whole sum, as a horse or a robe is. But before the day, or at ano­ther place, at the day of the request, and ac­ceptance of the Obligee, is full satisfaction.

An Acquittance is a good barr, if nothing be paid.

In all cases of Conditions, a payment of a certain sum in gross, touching Lands, or Tenements, if lawfull tender be once refu­sed, he which made the tender is discharg­ed forever.

And the manner of the tender, and pay­ment shall be directed by him that made it, and not by him that did accept it, as that he paid the sum in full satisfaction, and that he accepted thereof in full satsfaction.

An acquittance is a good bar, &c.

Where a man is bound to pay money, to make a Feoffment, or renounce an Office, or the like, and no time is limited when the shall do it, then upon request, he is bound to per­form it, in so short a time as he may.

Bu [...] where the time is limited, if he doe [Page 82] refuse before the day it is no matter, if he be readie to perform it at the day.

Where a Covenant or Condition is to mar­ry or Enfeoff a stranger by such a day; the re­fusall of the stranger is no Plea, as that of the Obligee is; The Obligee is to be ready on the Land, at his own perill; a Stranger must be requested: if he refuse, the Obligation is forfeited, wherefore it is good to have these words, if the Stranger do there unto assent.

CHAP. XI. WARRANTIES.

VVArranty Lineall, is where a man by his Deed bindeth him and his heires to Warranty, and dieth, and the War­ranty doth discend to his issue.

[Page 84]Warrantie Collaterall is in another line, so that he to whom it diseendeth, cannot convey the title that he hath in the Testa­ments by him that made warranty.

Warranty by Disseizin, is where he which hath no right to enter, entreth, and maketh a warranty: this is by Disseisin, and barreth not.

Line all Warranty barreth him that clai­meth Fee; and also Fee-taile with assets in Fee; if he sell, his son may have a Forme­don.

Collaterall Warranty is a barr to both, ex­cept in some cases that be remedied by Sta­tute, as Warranty by Tenement, by the curte­sie, except he hath enough by discent, by the same Tenement.

CHAP. XLI. COVENANTS.

COvenants are of two sorts; expres­sed by words in the Deed, or im­plyed by the Law. A covenant in Deed, is an agreement made by the Deed in writing, between two persons to performe some things, and sealed: for no writ of Covenant is maintainable without such a specialty, but in London, &c.

When a Covenant doth extend to a thing in being parcell of the demise, or thing to be done by force of the Covenant is quodamodo, annexed, or appertaining to the thing demi­sed, and goeth with the land, it shall bind the assignee, if he be not named: as to repair the [Page 86] houses, it shall bind all that shall come to the same by the act of the law, or by the act of the party.

But if the Covenant do concern the land, or thing demised in some sort, the Assignee shall not be charged, although he be named; as to make a Wall at anothers bodies house, or to pay a sum of money to the Lessor, or to a stranger, But the Lessee his executors and Administrators shall be charged.

If the Covenant do extend to a thing that had no being, but to be made new upon the Land, it should binde the Assignee, if he be named, because he shall have the benefit of it.

If a man make a Lease for years, and the Lessee covenanteth and granteth to pay, &c. to the Lessor his heirs and assignes, yearly during, &c. ten pound, his Executors shall have it.

A Covenant in Law, upon a demise, or grant, the Assignee in Deed, or in law may have a Writ of Covenant.

An Obligation to perform all Covenants and grants is forfeit on the breach of a Cove­nant in law.

A Covenant in Law is not broken but by an elder title.

A Covenant in Law may be qualified by the mutual consent of the parties.

CHAP. XLII.

AContract is properly where a man for his mony shall have by the assent of another, certain goods, or some other profit at the time of the con­tract, or after.

In all Bargaines, Sales, Contracts, Promi­ses, and Agreements, there must be quid pro quo, presently, except day be given expresly for the payment, or else it is nothing but com­munication.

If a man do agree for a price of wares, he may not carry them away before he hath paid for them, if he have not day expresly given him to pay for them.

But the Merchant shall retain the wares until he be paid for them, and if the other take them, the Merchant may have an action of trespass, or an action of debt for the mo­ney at his choice.

If the bargain be that you shall give me ten pound for my Horse, and you do give me a penny in earnest, which I do accept: This is a perfect bargain, you shall have the Horse by an action of the Case, and I shall have the money by an action of debt.

[Page 88]If I say the price of a Cow is four pounds, and you say you will give me four pounds, and doe not pay me presently, you may not have her afterwards, except I will; for it is no contract. But if you goe presently to telling of your money, if I sell her to another, you shal have your action of the Case against me.

If I buy one hundred loads of Wood to be taken in such a Wood at the appointment of the vendor, if he upon request will not as­signe them unto me. I may take them, or I may sell them: But if a stranger doe cut down any part of the trees, I may not take them; But I may supply my Grantee of the residue, or have my action of the Case.

If the bargain be, that I shall give you ten pounds for such a Wood, if I like it upon the view thereof, this is a bargaine at my plea­sure vpon my view; and if the day be agreed upon, if I disagree before the day, if I agree at the day the bargain is perfect, although afterwards I do disagree. But I may not cut the Wood before I have paid for it; if I do, an action of Trespasse will lie against me, and if you sell it to another, an action of Trespass on the Case will lie against you.

If I sell my horse for money, I may keep him untill I am paid, but I cannot have an a­ction of debt untill he be delivered, yet the [Page 89] property of the horse is by the bargain in the bargainer, or buyer; but if he do pre­sently tender me my money, and I do refuse it, he may take the horse, or have an action of detainment. And if the horse die in my stable between the bargain and the delivery, I may have an action of debt for my money, because by the bargain the property was in the buyer.

If a Deed be made of Goods and chattels, and delivered to the use of the Donee, the property of the Goods and Chattels are in the Donee presently: before any entry, or a­greement, the Donee may refuse them if he will.

If I take a horse of another mans, and sell him; and the owner take him again: I may have an action of Debt for the money, for the bargain was perfect by the delivery of the horse, & caveat Emptor. Every Con­tract importeth in it self an assumption: for when one doth agree to pay money, or deli­ver a thing upon consideration, he doth as it were, assume and promise to pay and deliver the same, and therefore when one selleth any goods to another, and agreeth to deliver them at a day to come: and the other in considera­tion thereof, agreeth to pay so much money on the delivery, or after, in this Case, he may [Page 90] have an action of Debt, or an action on the Case upon the assumption.

The duty to resign an Action personal, may not be apportioned; as if I sell my Horse, and another mans for ten pounds, who taketh his Horse againe, I shall have all the money.

If a man retained a servant for 10. l. per an­num, and he depart within the year, he can have no wages: if it were to be paid at two Feasts, and the man after the first Feast die, he shall have wages but for the first Feast; there­fore men take order for it in their Wils.

By a Contract made in a Faire or Market, the property is altered; Except it be to the King; so that the buyer know not of the for­mer property, and doe pay tole, and enter it; and those things as thereupon ought to be done, it must be on the Market, and at the place where such things are usually sold, as Place at the Goldsmiths stall, and not in his Inner shop.

In exchange of a Horse for a Horse, or such like, the bargaine is good without giving of day, or delivery.

If a thing be promised by way of recom­pence for a thing that is past; it is rather an ac­cord than a contract; & upon an accord, there lieth no account, but he unto whom the pro­mise is made, may have charge, by reason of [Page 91] the promise, which he hath also performed; then he shall have an account for the thing promised, though he that made the promise have no profit thereby; as if a man say to ano­ther man, heal such a poor man, or make such a high-way, &c.

The intent of the party shall be taken ac­cording to the Law, as if a man retain a ser­vant, and do not say one year, or how long he shall serve him, it shall be taken for one a yeer, according to the Statute.

In all contracts he that speaketh obscurely, or ambiguously is said to speak at his own pe­ril, and such speeches are to be taken strong­ly against himself.

CHAP. XLIII.

IF Mony, Corn, Wine, or such other things, which cannot be redelivered, be occu­pied or borrowed, if it perish, it is at the peril of the borrower.

But if a Horse, or a Cart, or such other things, as may be used, and delivered again, be used in such manner as they were lent, if they perish, he that oweth them shall bear the loss, if they perish not through the de­fault [Page 92] of him that did borrow them, or that he did make a promise at the time of delivery, to redeliver them safe againe. If they be occu­pied in any other wise then according to the lending, in what wise soever it perish; if it be not in default of the owner, he that did borrow them, shall be charged with them in Law and Conscience.

If a man have goods to keep to a certain day, he shall be charged, or not charged af­ter as default or defaults is in him.

But if he have any thing for keeping them safe, or make promise to redeliver them, he shall be charged with all chances that may fall because of his promise.

If a man finde goods of another mans, if they be hurt or lost by the negligence of him that found them he shall be charged to the owner.

If a common carrier go by waies that be dangerous for robbing, and will drive by night, or other unfit times, and is robbed; or if he do overcharge his Horse, or driveth so that his stuff fall into the Water, or other­wise be hurt by his default, he shall be char­ged by his default.

And if a Carrier would percase refuse to carry, unless a promise were to him, that he shall not be charged with any such misde­meanour, that promise were void.

[Page 93]Every Inholder is bound by the Law, bona & Cattalla of his Guest to keep in safety, so long as it is within the Inn, if the Guest did not deliver them unto him, nor acquaint him with them.

He shall not be charged if the Servant or Companion of the Guest do imbezel them; or if the Guest do leave them in the outward Court.

The Offler shall not answer for the Horse that is put to pasture at the request of the Guest: but if he do it of his own head, he shal.

If any man offer to take away my Goods, I may lay my hands upon them, and rather beat him, then suffer him to take or carry them away.

CHAP. XLIV.

A MAN shall be bound by many Trespasses of his wife, but not to sustain corporal punishment for it.

For Murder, Fellony, Battery, Trespass, bor­rowing or receiving of money in his Masters name, by a Servant, the Master shall not be charged unless it be done by his command, or came to his use by his assent.

[Page 94]If I command one to do a Trespass, I shall be a Trespassor, or otherwise if I do but con­sent: There is no accessary in Trespass.

We shall be charged if any of our family lay or cast any thing into the high way, to the noisance of his Majesties Liege People.

Every man is bound to make recompence, for such hurt as his beasts shall doe in the corne or grass of his neighbour, though he knew not that they were there; and for his Dogs, Beares, &c. if they hurt the goods or Chattell of any other; for that he is to govern them.

A man shall not be charged by the contract of his wife or his servant, if the thing come to his use, having no notice of it: But if he com­mand them to buy, he shal be charged though they come not to his use; or had notice therof.

If a Wife or Servant use to buy or sell, if he sell his Masters Horse, and exchange his Oxe for wheat that cometh to his Masters use, his Master may not have an action of Trespass for it, but he shall be charged for the corn, and the other need not to shew that he had warrant to buy for him.

If a man-servant that keepeth his shop, or that useth to sell for him, shall give away his goods, he shall have Trespass against the Donee.

[Page 95]But if I deliver my Goods to another to keep to my use, and he do give them away, I shall not: for the Donee had notice whose goods they were, as in the case of the servant.

If a man make another his general receiver, which receiveth money, and maketh an ac­quittance, and payeth not his Master; yet that payment dischargeth the debtor.

If a servant keep his Masters fire negligent­ly, an action lieth against the Master: Other­wise if he bear it negligently in the street.

If I command my servant to distrain, and he doth ride on the distress; he shall be pu­nished, not I.

If a man command his servant to sell a thing that is defective, generally to whom he can sell it; deceit lieth not against him: O­therwise if he bid him sell it to such a man, it doth.

A Contract or a promise made to the wife is good, when the husband doth agree, so it is to a servant; and it shall be said to be made to the husband and Master himself.

If a man taketh a wife that is in debt, he shall be charged with her debts, during her life; if she die, he shall be discharged.

CHAP. XLV. Wills and Testaments.

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

CHAP. XLVI. DEVISES.

A Devise ought to be good and effectu­al at the time of the death of the Devisor.

The Devisee may not enter into the terme, or take a Chattell, but by the deli­very of the Executor.

But he may sue for it in Court Christian.

Into Frank-tenement, or inheritance he may enter.

Devisees are Purchasees, as if a Lease for years be Willed to a man and his Heires, the Heire shall have it; for Heire is a name of purchase here.

[Page 99]A Reversion of Lands or Tenements will pass by the name of Lands and Tenements in a Devise.

If a man devise all his Lands and Tene­ments; a Lease for years doth not pass, where he hath Lands in Fee, and also a Lease there; otherwise it will.

If a man devise all his goods, a Rent-charge which he had for years will pass, and all o­ther his personall Chattells.

And if a man give all his moveables to one, he shall have all his Horses, Cattell, pans, and personall chattells; and all his immoveables to another, he shall have all his Corn grow­ing, and fruit on his Trees, and the chattells reall.

A man may devise Lands or goods to an Infant in the mothers belly, or goods to the Church-wardens of D.

There is great diversity where the property is devised, and when the occupation is devi­sed: A man may devise that a man shall have the occupation of his Plate, or other chattells during his life, or for years, and if he die within the term, that it shall remain to M. A. and it is good, for the first hath but the oc­cupation, and the other after him shall have the property.

But if a chattell be given to one for life, the [Page 100] remainder to another, the remainder is voyd.

For a Grant or Devise of a Chattel for an houre, is good for ever; and the Devisee may dispose of it; but if he do not, the other shall have it.

A man may Devise his Lands he holdeth in Lease, but not his Lease, under this condition; Provided, that if the Devisee die within the term then he shall have it.

If a man Will his goods to his wife, and that after her decease, his Son and Heir shall have the House wherein they are; she shall have the house for term of her life, yet it is not devised unto her by express words. But it doth appear that his intent was so by the words.

If a man willeth his Lands to his wife, til his Son commeth to the age of 21 yeers, and the woman taketh another husband, and dyeth, the husband shall have the Interest.

By a Devise a man may have the Fee-simple without express words of Heirs, as if Lands be willed to a man for ever, or to have and to hold to him and to his assignes, &c.

By Will, Lands may be intailed without the word, Body: as if Lands be given to a man, and to his heirs male, it doth make an estate tail.

If a man Will that his Executors shall sell his Lands, the inheritance doth descend to [Page 101] the Heir; yet the Executors may enter, and enfeoffe the Vendee.

But if Lands be given to the Executor to sell, and they receive the profits thereof to their own use, and do not sell the same in reasonable time, the Heir may enter.

An Executor may sell, if the other will not.

If Lands be recover'd against Tenant for life or for years, by an action of Waste, or for­mer title, he may not give his Corn.

If the Cognizee have sown the Lands, and the Cognizor bring a scire: he may give the Corn sown.

If a man Devise omnia bona & Cattalla, Hawks nor Hounds do not pass, nor the Deer in the Park, nor the Fish in the Ponds.

CHAP. XLVII. EXECUTORS.

AN Executor is he that is named and appointed by the Testator, to be his successor in his stead to enter, and to have his goods and chattels, to use Actions against his Debtors, and Legacies, so far as his goods and chattels will extend.

Where two Executors are made, and one doth prove the Will, and the other doth re­fuse, [Page 102] notwithstanding he that refuseth may administer at his pleasure, and the other must name him in every action, for every duty due to the Testator, and his release shall be a good barr: If he do survive he may administer, and not the Executor of him that died; but otherwise if all had refused.

If one prove the Will in the name of both, he that doth not administer shall not be charged.

If the Executor do once any action that is proper to an Executor, as to receive the Testators debts, or to give acquittance for the same, &c. he may not refuse.

But other acts of charity or humanity, he may do; as to dispose of the Testators goods about the Funerall, to feed his cattell least they perish, or to keep his goods least they be stoln, these things may every one do, without danger.

When Executors do bring an action, it shal be in all their names, aswell of them that do refuse, as of other,

But an action must be brought against him that doth administer only, and he which first cometh shall first answer.

An Executor of an Executor, is Executor to the first Testator. And shall have an action of debt, accompt, &c. or trespass, as of the goods [Page 103] of the first Testator carried away, and execu­tion of Statutes and Recognizances, &c. St. 25. Ed. 5.

The title and interest of an Executor, is by the Testament, and not by the Probate, but without shewing it, they may release the Probate.

The Justices wil not allow them tosue actions.

The Executor shall have the wardship of the Body and Lands of the Ward in Knights ser­vice, but not in Soccage, and Leases for years, and rent charges for years, Statutes, Recog­nizances, Bonds, Lands in Executions; Corn upon the ground, Gold, Silver, Plate, Jewels, Money, Debts, Cattell, and all other goods and Chattells of the Testator, if they be not devised, and may devise them; But if he do will omnia bona & Cattallasua, the goods of the Testator pass not, neither shall they be forfeited by the Executor.

An Executor is chargeable for all duties of the Testator that are certain; but not for Trespass, nor for receipt of rents, nor for oc­cupation of Lands, as Bailiffe or Guardian in Soccage, &c. For this is not any duty cer­tain so farr as he shall have Assets; If the Executor do waste the goods of the Testator, he shall pay them of his own.

An Executor shall not be charged, but [Page 104] with such goods as come to his hands, but if a stranger take them out of his possession, they are assets in his hands.

If an Executor take goods of another mans amongst the goods of the Testator, he shall be excused of the taking in Trespass.

Duties by matter of record shal be satisfied before duties by specialty, and duties by specialty before charges, and Legacies before other duties.

An Executor may pay a debt or credit of some kind, depending the writ, before notice of the action, but not after notice or issue joy­ned.

An Executor may pay debts with his own money, and retain so much of the Testators goods, but not Lands appointed to be sold.

Any of these words, debere, solvere, recipere, borrowed, or any word that will prove a man a debtor or to have the money; If it be by Bill will charge the Executor, or Administra­tor, but not the Heir, if he be not named.

CHAP. XLVIII. ADNINISTRATORS.

AN Administrator, is he to whom the Ordinary of the place where the in­testate dwelt, committeth the Testa­tors goods, Chattel, credits, and rights.

[Page 105]For wheresoever a man dieth intestate, ei­ther for that he was so negligent he made no Testament, or made such an Executor as re­fused to prove it, or otherwise is of no force; the Ordinary may commit the administrati­on of his goods to the Widow, or next of kin, or to both, which he pleaseth, making request; and revoke it again at his pleasure.

The Ordinary may assigne also a Tutor to the intestates children, to his sonnes untill twelve year.

But so that it be not a prejudice to him that is the Guardian; and after those years, he or she may respectively choose their own Cu­rators, and the Guardian may confirm them, if there be not good order taken by their fa­thers Will.

As if such a Tutor die, the Infant cannot have an Action of account against his Execu­tor.

The power and charge of an Administra­tor is equall in every point to the power and charge of an Executor: a man may have an action of the case against the Executor or Administrator upon the assumption of the Testator, upon good consideration, or debt for Labourers wages, by the Statute.

And if a man make an Infant his Executor, the Ordinary may commit the Execution of [Page 106] the will to the Tutor of the Child, to the Childs behoof, until he be of the age of 17. years, and if he be granted for longer time, it is void.

An Administrator dur ante minoritate, may do nothing to the prejudice of the Infant, he may not sell any of the goods of the deceased unless it be upon necessity, as for the pay­ment of debts, or that they would perish; nor let a Lease for a longer time, then whilst he is Executor.

An infant upon the true payment of a debt due to the Testator, may make an acquittance, and it shall be good.

For a Child may better his estate but not make it worse.

CHAP. XLIX. HEIR.

IF a man die seised of any Lands, and do not dispose of them by his Will they do descend to his Heir, as aforesaid.

And he shall have not onely the Glass, and Wainscot, but any other of such like things affixed to the Free-hold, or ground; as Tables, Dormant, Furnances, Fats in the Brew-house, or Dye-house; and the [Page 107] Box or Chest wherein the Evidences are; the Hawks and the Hounds, the Doves in the Dove-house, the Fish in the Pond, and the Deer in the Parke, and such like.

He shall be charged by specialty, for the debts of his Ancestour, so long as he hath as­sets, if the Executor or Administrator have not sufficient.

No Law nor Statute doth charge the Heir for the wrong, or trespass of his Father, but by express words.