thing ; for j! e was not Donor. Br. ibid. S.P. Per Cur. Br. Refervation, pi. 3S. cites 49 E. 3. 1 5.
8. ^rije King map referbe a Kent to a stranger. Co. Lftt. 143. b.
(D) Refervation. To a Strawer. fe (C l- J
V / ° (N)p. 6.
1. Tf a (55an leafe for Life or Years, teftttrfng a Rent tO a ©ttaUgCt, *£ £*
1 it i0 lOOitl* CO, Litt. 47* Fi*«^ Br-
Refervation, pi. 15. cites 14 H. 6.z6. Per June Ch. J.
2 4 Jf before the Statute of W. tlje Baron ftifcO tit ifCC IjaO made S : e(C) P l. 7.
Feotinient to hold of him and his Feme, fij' t IS UOtO aS tO tljC JfemC,
becaufe fije is a Stranger to tlje Ctfate. 17 €. 3* 79*
3. Rent, Re-entry, Condition, nor Remainder, cannot be refery d nor
appointed to a Stranger; quod nota. Br. Conditions, pi. 83. cites 21
4. No Rent (which is properly a Rent) can be referv'd upon any Feoff- * t ^*J C Q w
ment, Gijt, or Leafe, but only to the Feoffor, Donor, or Lelfor, or to p , in thp
their Heirs, and can no Ways be referved to a * Stranger. Litt. S. 346. Cafe of
Bottenham
v Harlakenden. A Rent fo referved on a Feoffment &c. on Condition of Re-entry bv Feoffor and his
Heirs, is not a Rent, but a Sum in Crofs, and as a Penalty, and if not paid, the Feottor may re-enter,
and the Rent or Payment is gone for ever. Litt. S. 345.
5. A Bifiop made a Leafe referving the Rent to the Chapter during ^"q-JL
the Vacancy by Way of Limitation j But held ill. And. 9. Ayre v. M ' * 5 ,' s _
Ormes. C— Berid!.
129. — Dal. 53. pi. 31.
6. A. devifed to B.for Tears, Remainder to M.for Life, Provided that B. pw 9 2_S.C.
JhouldpayM.20l.per Ann. jor Rent. B. lailed of Payment. M. enter'd J^™™ 6
for Condition broken. Anderfon ask'd, Why a Man might not make a hamv Har .
Refervation on a Devife ? Periam J. anfwered, That he may to himfelf lakenden,
or his Heirs, but this is to a Straneer. Per Anderlon, E\ eiy Devifee is the Judges
' Ff in wc ; c . dl -
* Tided.
1 1 o Refervation.
in in the Per by the Devifor, Quod fuit conceflum. Why then fhallnot
this be as a Refervation to the Devifor, and as a Grant of the Re\er-
fort to the Wile ? Adjornatur. Goldsb. 75. pi. 3 Hill. 30 Hi. Bet-
tenham v. Harlackenden.
•Tis rot a 7 . a Rent referv'd to a Stranger, tho' in Truth it is not a Refit, yet
K»GWi k 1S , a ? ood Re ^ rv ation. Per Littleton. Nov 109. Mich. 2 Jac. C. B.
Le. 269 i" the Cafe ot W arner v. Agus.
1- errand y. Ramfey.
S._ The King made a Leafe of a Hoafe belonging to his Houfekeeper of
Whitehall referring a Rent to the Hcufckeepcr for the Time being, and it
was held an ill Refervation ; For tho' the King may referve Rent to a
Stranger, yet fuch a Refervation as this is ill, becatffe he cannot referve
Rent to fuch an Officer, who is removeable at the Will of the King. Ex
Relatione M'ri Note. Ld Raym. Rep. 36. Hill. 6 & 7 Will &Mar \-
r.on. cites Hill. 6 W. 3. B. R.
(E) Refervation. [Enure to whom. Johlencwts.~]
n - ?4»- 1. T JF 2 Tointenants leafes for £ear£ by Parol, r-fCt^Um ft Rent to
. atcs^ 1 on e C f tijcni, tm fbaU enure to Qootij in se&ct of their. ®ftate&
Palm. S41
Arg
F A
SooftLeafeC0«iitt*47
for Life in
refpecr. of the Joint Reverjton. Co. Litt. 214. a,
2. So if the iraft be by Deed Poll, rercroinn; Ecnt to one of tficm,
yetttfljaUptalBotf). Co. Lift 47.
3. But ctfjcrtuifc it 10 if it be by indenture â– , Siox tijcn it ujan be 5000
J^^tOtljeOnebyEftopple. Co. litt 47.
Br. Refervation, pi. iS. admits that fuch Refervation upon their Leafe may be good Where 2 are
feifed, they may give referring to one of them ; For Both gave. But where one had Nothing before it
is othenvife. Br. Re r ervation, pi. 22. fays it is fo faid el'ewherc. And Joid. pi. z-. cites s E 4' 4.
Tv'ota, That if 2 are feis'd, and leafe for Life, rendring Rent to one of ihem, this is a Refervation to
Both. But fays Quaere inde ; For it appears clfevvhere that the Refervarion to the one fhall be food.
Ibid. pi. 48. cites S. C as a Refervation upon a Leafe for Years, and that lioth fhall have the Rent •
But Brooke fays, Quaere if it be Law.
See (i) s. p. (F) How it may be. Upon what Corrjeyancc.
This is by I# y jf ft ^fllt bargains and fells JLailO bv Deed indented and inroll'd,
Ac saving j^ accoromo; to tlje statute, a Kent map be rcferoeo thereupon >
luteof u&s iFor tljoan tire hao onlp paiTco bp tlje Common Laio, pet now by
2- h. s. ' tljc^tatute 27 h. 8. 10. tlje ufe ano ipoflefficn pafo together, qgiclj.
where any 39 an a 4 o c*U bettueen Wt&ks and Tiiiani aUjuogeo. citeo Co*
sjfisr iLttt. 144.
that any may have a Rent. Cro. E. 595. S. C. and fays 'twas fo held in Danhy's Cafe. The Ufe and
PofTeflion pafs tanquam uno Flatu. 2 Inft. 673. cites 2 Rep. 54. inSirHughCholmley'sCafc.
So it is of a Grant of a Reverjionor Remainder, or any other Conveyance of L-.ir;.1s or Tenements, whereby
any Eftate paffes. Co. Litt. 144. a. cites Mich, jy and 40 Elu. Wicked v. Tillerd.
2.
If
Refervation. 1 1 r
2. It Tenant fvr Life in J^uid Juris clam&t brought againft him Surrem
tier to the Plaintiff, who has the Reverfion, by Fine rendring Rent by the
fame Fine, this flhall not be received ; For a Render of Rent jhall not be
fujfcr'd upon Surrender. Br. Reiervation, pi. 42. cites 19 £.3. andFitzrn
Surrender, 18.
3. Lord and tenant by certain Services and 61 Rent; the Lord brought
Writ of Cuftoms and Services againit the Tenant, in which he releafed the
Services, referring the 61. and one Mark more; And it is awarded a good
Reiervation of the 6 1. and the JVlark. But Brooke fays, He believes
that it is not Law. Br. Reiervation, pi. 21. cites 26 All. 37.
4. Belke drew a Fine that the Baron and Feme granted and rendered one
Mcfuaoe to J. S. which they held for Term of Life of the Feme, rendring
jo them 8 s. Rent, with Claufe of Diftrefs, and it was refilled 3 and after
they granted and rendered as before, upon which J.S. granted again 8 s.
cut of the Land, and it was refilled 3 Qusere Caufam : And after they
granted and rendered to- J. S. and releafed and quitted Claim to him and
his Heirs fur Term of Life of the Feme, for which J. S. granted 8 s. with
Claufe of Diftrefs, and it was accepted. Br. Reiervation, pi. 29. cites
39 E. 3. 1.
< Coparceners upon Partition may referve Rent and good. Br. Refer- s - p ^ anf
J . r , • 17 one fointe-
Vation, pi. 4. Cites 45 SL. 3. 20. nant releafes
to the other rendring Rent, it is void. Arg. 2 Roll. Rep. 445. in the Cafe of Eufhce v. Scawen.
t). P. Arg. Ibid 4-3 inS-C.
6. A Fine was drawn, That the Baron and Feme granted and rendered the &'»' may be
Term to another Baron and Feme, and to the Heirs of the Baron, to hold of' re " X!r£ ~,
the Chief Lord, rendring to them and the. Heirs of the Baron half a Mark^ "^I'^ltory','
•with Diftrefs &c Fincn laid, A Man cannot charge Land of which he is but art upon
mtfeifcd, and the Fine is executory, and not executed ; Contra upon Ac know- * Jfbteext-
ledgment cfRight,and where the Fine is to a Feme-Covert rendring Rent, c " te {!; _ Br -
fhe fliall be examined beiore that the Fine be taken. Br. Reiervation, p i. C ^ ches°°o
pi. 37. cites 46 E. 3. 15. E 3. 9.— Br.
Fine, pi. 30. cites S. C.
7. Upon a Releafe which * gives Eft ate in the Land s a Man may referve As if one
a Rent. 10 E. 4. 3. b. T l T? rr
^ J Leafe for Life,
and after re'.eafes to Leffee in Fee or in Tail, he may well referve a Rent upon fiich Releafe ; for by this
Rcle;.fe he has given the LelVce a Fee which he had not before. 10 E. 4 3. b. Vzr Choke. S»
on Grant of a Reverfion on a Leafe for Tears Rent may be reierved ; For the Polfeflion is in the Grantor,
and paflesput of him Per Need'ham. 10 K 4. 3. b.
*S. P. Co. Litt. 193. b. S. P. 13.Rep.55. in Samme's Cafe S. P. Per Choke and Need-
ham. Br. Reiervation, pi. 28. cites 10 E. 4. 3. But Brooke fays it feems that then it fhall be by Deed.
8. But upon a Releafe or Confirmation which enure by Way of* Mitter -ds \f Dif-
le Droit, a Rent cannot be reierved, or an U& limited. 13 Rep. 5 S â– ^f^ff^
Sarumes's Cafe. rendems?
Rent, and
for Default of Payment to re-enter, this is void ; for by this Releafe, the Difleifor has only the Right
of Difleiiee, for DiiVeifor had Fee-fimple before. 10 E. 4. 3. b. Per Choke. S. P. Co. Litt. 144.
Et fie de Similibus.- S. P. Le. 148. cites to E. 4. 5. -* S P Nor upon a Releafe which enures
by Way of Extinguilhment, a Rent cannot be reierved. Co. Litt. 193. b.
9. If the Lord confirms the Eft ate of his 'tenant, Reddendo 1 d. pro omni- But if he
bus Servitiis i this extinguiihes the full, Tenure ; lor Reddendo does not "jf£™ s u
make Tenure, Per Brian. Jgu*ere of the Extinguishment. Br. Reiervation,^,.^'
36. cites 21 £. 4. 62. orTenend. by
I d- fro om-
nibus Servitiis; this is Parcel of the Ancient Services, and the Tenure remains. Ibid.
10. J. bargains and fells Lands to B. by Indenture, and before Inrol-
ment they both grant a Rentcharge by Deed to C. and after the Indenture
is
1 1 2 Refer vation.
is inroH'd,fome have faid that the Rent-charge is avoided; for (fay they)'
it was the Grant of A. and by the Inrolment it has Relation to the De-
livery, which (fay they) iliall avoid the Grant, notwithstanding the
Connrmation of the other, which had nothing in the Land at that Time ;
but the Grant is good, and after the Inrolment, by the Operation oi~ the
Statute, it iliall be the Grant of B. and the Confirmation of A. but if" the
Deed had not been inroll'd, it had been the Grant of A. and the Confir-
mation of B. and fo Quacunque via Data, the Grant is good. Co.
Litt. 147. b.
Goik 19. ii. A Rent cannot be referv'd upon a Gift in Frank-marriage, during
'' "pi Palch " the four Degrees, but after the Refervation is good, if there be At-
C B &*C tornment to the Grantee. Ow. 26. 25 Eliz. Webb v. Potter.
andS P. and
that if the Donee grams the Rcverfion over, and the Done- in Frankman i.i*e attorn, now he fhall pay
the Rent to the Grantee; for per Littleton, He has loft the Privilege of Frankmarriage, viz. the Ac-
quittal ; and no Privity is between the Grantee and the Donees j Per Periam J.
12. A Rent, properly \~o call'd, may be referv'd on a Leaf derived
out of a Power, and that Remainder-man may diftrain lor it ; fo that 'tis a
Rent. Arg. 2 Jo. 35. Hiil. 19 Car. 2. C. B. in Cafe of Truftram v. Roper,
cites And. 273. Harcourt v. Pool, and 1 Rep. 139. contra. And fays that
indeed it was Lord Coke's Opinion, but was no Part of the Judgment.
Vent. 242. 13 A. was tenant for Life, and leas' d to B. for Tears j B. by Parol af-
S.C. accord-y^-/;V this Perm to A. rendering Rent. It was inlifted that this was a Sur-
111 £g)anlv>',s Alignment, by Operation of Law, turns to a Surrender, yet it is not an
,? -' a V d exprefs Surrender, and isgcod by Way of Contrail ; and therefore in Debt
Cafe of' brought for the Rent, Judgment was given lor the Plaintiff, by Affent
$>urcaf,8 1). of the other Juitices, tho' all the Days are not pafs'd. 2 Lev. 80. Hill.
iiDtom, 23 24 & 25 Car. 2. B. R. YY r inllon v. Pinkeny.
Car.— Raym.
222. S. C. accordingly, That it is a Duty by Way of Contract. At the End of the Cafe of Spat-
churft v. Minns, AH. 5S. Pafeh. 24 Car. B. R. the Reporter adds a Nota, That luch Contract is in tbt
Realty, and the Debt arifes in Refpeei of the Profits ; and therefore it feeiman Action will lie before the
laft Day, and that fo it was ruled45 E. 3. 8. b. and admitted 14H. ;. 2 b. And fays that Haletold him
that fo was his Opinion 2 Mod. 1 ; 5. Hill. 28 &c 29 Car. 2. C. B. in Cafe of Loyd v Langford
â– where the LefTee redemis'd to the LelVor the fame Lands for the fame Term of Years, referving 20 1.
Rent a Year A. the Leffor died, and his lllfe entered as Guardian to the Heir of A. who was her Son,
and received the Profits ; and B brought Debt againft her as Executor de Ion Tort, in the Debet &
Detinet. It was admitted by the Defendant's Counfel, That where the LefTee makes an Alignment of
his whole Term to a Stranger, Debt in fuch Cafe will lie upon the Contract, becaule an Interelt palTes
to him in Rcverfion ; and that as to this Purpofe a Term is in EfTe by the Contract of the Parties, and
that fo it would here againft the rirft LefTor, who was LefTee upon the Kedemile; but the Rcdemile
being a Surrender, the Heir of A. (A. being dead) is intitled to enter, and fo nay the Guardian in his
Right. And here Debt lying only on the Contract, the whole Term being pone by the Redemife, which
is an abfolute Surrender, the Plaintiff has no Remedy at Law ; And fo held all the Court ; but told him
he might feek for Relief in Chancery, if he thought fit.
A. and B- were poffefs 'd of a Farm for 99 Tears, and affign'd all their Ir.terefl in the Term to J. S. rendring
tool, a Year Rent. J. S. entered and paid the Rent. Ii. and B. granted fie Rent to C for the whole Term,
and J S attorned. Refolved, That this is a Rentanfing by Real Contract, and is refervable without
Deed, and that Debt well iics for the AlTignee of it. Id Raym. Rep S2. Trin. 8 W 3 C. B Brown-
low v. Hewley. In this laft Cafe, the Court principally relied on the Ca
, |DintU
mp above ; And they faid the Opinion of Hale AH 5^, 58. has been held for Law all thc.c lait
Years.
14. A. furrender'd a Copyhold to the life of B. and his Heirs, upon Condi-
tion that B. and his Heirs Jhould pay 5 /. a 1 ear for ever to A. and his Heirs,
and for Default of Payment the Ufe to B. and his Heirs to be void, and
to be to the Ufe of A. and his Heirs; B. was admitted; the Land was
fold feveral Times, and the Rent was alio fold, and was conveyed by
Surrender and Admittance on alligning the Rent. Lord Chancellor de-
creed the Rent and Arrears to be paid, a Vera. 16. pi. 10. Hill. 1686.
Spindlar v. Wilford.
(G) How
nlft h> » inl
Refervatioh. 115
(G) How and in what Manner. IPJjat fhall be laid Se- See Rent
yeral Rejervatioi/s of Several Rents. (U.o'pW*
Falftaff's
Cafe.
i + Y"\ 14 CI. 309*75, Winter's Cafe, Leafe of 3 Manors, Reddendo s. C. cited 2
\_J* for one 6 1. fOC another 5 I. atlO fOC the 3d 10 1. lUttlj Condi- Vein. 543.
tion of Re-entry into the whole for Non-payment of any Parcel. 13)? 7" S ,' C ' Clted
3 arcaintt 1 flC&ofe fcoeral fteferoattonsi of tlje Rents* iljall be federal pTzi/ft
Ccnures, Dcmtlefc Ecoerfionjs, ano Ecntis, aim feoeral a&ourcieiei cafe of
foe them* Co. 5* Kmght s$* tftijs Care 10 agreeo. Knfefe *
v brech.
S.C. cited 5 Le. 154. pi i"S. Arg. in Cafe of Knight v Beech. A. feifed of Bl.Acre, Wh. Acre, antt
Gr. Acre leafes all % to J. S. for 90 Tears, rendering for Bl. Acre 3 s 4 rf for fVb. Acre 10 s. and for Gr.
Acre to], quarterly, with Clatije of Re-entry, if any Part or Parcel of the faid Rent be behind &C. W. R.
purchased the Reverfion of Bl. Acre, and brought' Ejectment for 10 d. for one Quarter's Rent, and had
Tudgment ; for thefe arc feveral Refervations and Conditions ; and a Difference was taken between
thii and JiUintEf's Cafe, the Rent in that being originally intire, whereas here it is originally feveral ;
and in that Ca(e the Condition was, That if any Part of the Rent be behind, the Leflbr fhouU re-en-
ter into the whole. 4L.C 187. pi. 292. Hill. 20 Elii. Rot.371. Hill"sCafe.
2. CO. 5. Knight ss* JLcafe Of 3 ^itUOtS, rendering out of one
Manor 5 1. OUt Of the other 6 1. tor 10 V'ears, ailO CUt Of the 3d 10 1.
to commence 10 ^ears after, one upon a Condition precedent, anO the
other iubfequent ; tljofe are feocral Rentes. ("But quaere in tijeCafe
of winter abooc, i»i)eti}cr t!)# UBorO (For) tuill matte tftc Kent feoc=
ral, a$5 ttlCii m tlje BD>OrO<3 (Out ot the one Manor).
3* Co. 5. Kmght S 5* one Lcafe toasmaoc forbears* of diverfes-c^p.
Houfes, rendering the annual Rent ot 5 1. 10 s. n d. at the 4 Pearls ^ inCafQ
Ctljut t|> tO fap) tor one only 3 1. nd. for another 20 s. OilO tor the of " S[ukeky
others leveral Rents, Relidue of the laid 5I. 10 s. n d. UHtij an intire v Butler.—
Condition of Re-entry into the whole, for Nonpayment of any Parcel ; "teds 1 Built
ana maloea tijat tijefe are not feocral Rcntss, becaufe firft tije Rent X^"
wis tntire, ana toe * videlicet noes not make any «8>euerance t!jcre= j. i n c a i e of
et; mt oeciares of tlje feoeral Dalueg of eoetj? parcel. fulf-
il was refolv'd, That the Rent was tntire. ift, Because the Leflbr referv'd the annual Rent (in the Sin-
gular Number) of J I. 10 s. 1 1 d. and afterwards when the Leflbr comes to his Condition for 1 ayment
of the faid Rent, the Condition is alfo in the Singular Number, viz. If the faid Rent of 5 1. 1 o s. 1 1 d be
Arrear in Part or in all, lb that this accords with the Words of the Indenture (which import the In-
tention of the Parties) that in thi. Cafe it fhall be One intire Rent ; and fhould it be leveral Rents
then Queftion may be made of the Validity of the Condition, which extends to the faid Rent &pc. in the
iintrular Number â– and by filch Conftru&ion all the Parts of the Indenture are confiftent, and agree
likewiie with the Law. And the Difference between this Cafe and JEUmtcr's Cafe is, that there the
Refervations are feveral, but here (upon Confideration of the whole Indenture) they are intire ; quod
Mow bene. 5 Rep. 55. b. Mich. 50 & 51 Eliz. C B. S. C. S. C. argued 3 Le 124, pi. 1 7 *>• - ;-
Mo 1 00 pi U9 C. B. S.C. And. 1-;. pi. an. S. C. but in none of thefe laft Books does the I oinc
above fo clearly appear to have been refolv'd ; and in And. 175 it is faid not to tend to the End of the
Cafe, which depended upon the Condition— S. C. argued Golds. 15. pi.. 14.
In Replevin &c. the Cafe upon the Pleadings was, That the Archbifhop of York made a Leafe of
a Field, rendring 20 /. per Ann. Rent, («fe ) 40 s. for one Acre and 40 s. for another Acre, and fo for fe-
deral other Parcels a feveral Rent; Adjudg'd, That thefe are feveral Rents, for the (vu.) which immedi-
ately follows the Refcrvation of the Rent, was placed there on Purpofe to divide the Rents according
to the feveral Parcels. Mo. 51, 52. pi 152. Pafch. 5 Eliz. E.res's Cafe_ -Dal. 54 ,5. pi 31.
S C. and P. D.221. b. pi. 20. Ayer v. Omc, S C. but I do not obferve S. P. Bendl. 129. pi.
101. S.C but S P. does not appear.— And. 9. pi. 19- S.C bnt not S. P. K \
A Leafe was made 0} 5 Manors, viz. D. E and F. refer-ving for D. 5 If or E. 10 /. and /.r F 10 /. per
Ann. upon Condition that if the faid Rents, or any of them, or any Part Sec. were behind, the Le^or might
re-enter into all : and afterwards he fold the Reverfion of one of the faid 3 Manors /„ IV. U \ in fee, and
afterwards fold him the other 2 Manors ; the Rent was in Arrear for one Manor and thereupon the •Ven-
dee entered in ail 2. Adjudged that his Entry was not lawful ; for tho the Words were pint, yet the
Refervations and the Rents were feveral. 4 Leon. 27 pi. 82 Sir Richard Lee v. Arnold. Mo. 97-
pi. 241. Trin 14EI11 S C. by the Name of Appowel v. Monnoux.
* Cited Per Trevor Ch. J. 3 Cli. R. 107.
G g 6. A
11+
Refervation.
4. A Man granted a Manor, and the Multure of a Mill, Reddendo for"
the Manor 20s. and tor the Multure 10s. It was taken that the inure!
Rent is chargeable by Diltrefs upon the Manor, becauie Diltrefs cannot
be in the Multure. Per 2 Juit. Mo. 201. pi. 349. in Knight's Cale,
cites 9 Air p. 24.
5. It two Tenants in Common leafe upon Condition rendering Rent, the'
Law conftrues the Grant, the Condition, and the Rent feveral. Per
Rhodes J. Mo. 202. pi. 349. in Knight's die.
6. And if Lands are lealed to an Aim and a Secular Man rendrir.g Rent
upon Condition, the Rent, Reverlion, and Condition lhall be feveral, by
Rcafon ot the feveral Capacities of the Leflees, Per Rhodes j. and admit-
ted by Periam, as in the Caie of the Leale by two Tenants in com-
mon, the Caule of the Severalty is inherent to tne Eftate of the Grantors,
and in this Caie to the Capacities of the Grantees, which axe paramount
the Demife. Mo. 202. pi. 349. in Knight's Cafe.
2 Lc 1 50. 7- H- 8- being felled of the Manor of Saffron Walden as Parcel * if the
pi 1S4. 24 Dutchy ofLancaltcr, in the6th Year of his Reign, grantedto the Guild
i-.'.itintlie f\Valden ('which was a Fraternity of " Friejls chanting Majfes) 2 Mills 'j
» f^w^fii one Market. and theClerklhip of the Market in Fee Farm, /'which Mills were
t>. the Parcel of, and the Market by Prelcription appendant to, the Manory render-
2Tcton of ing 10 /. per Ann. Rent to him and his Succellbrs j afterwards Anno 3 1 of
CUalDtn, S j, l(S Reign, he granted the Manor, and the Rent aud Fee-Farm to the Lord
bt2§fc>rna- Audiey in Fee ; This Guild, being a Chantry, was diffolv'd by the Statute
Uir i;,id. 1 Ed. 6. and their Lands given to the King, and jo both the Mills and
162. pi. 19-. Markets came again tu him by that Statute Salvo the Rent to the Lord Aud-
24 Eh/. B. j e y^ Afterwards Ed. 6. reciting the Grant of H. 8. and thz Difolution,
> -d b 1 ad- i ratt ted the Mills, Market, and Clerkpip, and alfu a Fair to be held yearly
juriiarur. &c. 1 the Corporation of Walden in Fee-Farm, rendering to him and his
Saccejjbrs, vel Capitali Domino feodi, the yearly Rent of 10 1, only, and no
more. Whereupon a Charge was impos'd upon them in the Exchequer,
ot 10 1. a Year. Upon a Summons out ot the Exchequer againlt the
Corporation for this Rent, they pleaded that they had paid the yearly-
Rent of 10 1. to the Heirs of the Lord Audiey , to w hich Plea the At-
torney General demurr'd. The C^uellion wasj Whether by the P^efer-
vation in the Grant of E 6. the Corporation lhould pay only one 10 !.
yearly to the Lord Audiey, or 10 1. yearly to the King, over and above
the 10 1. Rent to the Lord Audiey. It was argued, Tnat both the laid
Rents lhall be paid ; for the Lord Audiey never was Capitalis Domt-
nus, and fo could not claim any Benefit by the Reddendum : Belides,
the Lord A. could have no Benefit by this Refervation, becaufe the
Grant was in Fee-Farm, which Words in themfelves always imply a
Refervation of the Value, or fome Profits to the King; and therefore
it lhall not extend to the Lord A. tho' he had been Capitalis Dominus ;
belides, the yearly Rent of 10 1. mull go to the King, becauie he had
granted to the Corporation a Fair which the Guild had not before 1 ; and
it is impolfible that the Lord A. lhould be Capitalis Dominus oi this
Fair, which was not in Being before ; and it is reasonable that the King
lhould have fome Recompence lor the Fair, efpeciaily lince the Words
of the Grant are, Reddendo tnde, which thews that the Rent mult iii'ue
as well out of the Fair as of the other Things in the Grant. And for
thefe Reafons it was adjudg'd the Corporation lhould pay both Rent*.
Mo. 159. pi. 301. Mich. 26 & 27 Eli/.. The Cafe oi Satiron Walden.
Ow. 119. 8. Tenant in Tail of the Manor of C. leafed the Sate and Dtmefues of
S.C. but this the Manor, and alj'o All that Manor oi C. and ail Lands cvc. te the faim
Point docs ^longing for 21 Years rendering for the Sate there v\ ith letten, 3 I. 6 s. 8 d.
Bot appear. ^^ rendering for the [aid Manor and PrcmiJ/e* • tl. berts/i tth letten, 9/. 10 j.
Refolved by all the Jultices, That thefe are feveral Refervation^ ; and
Judgment tor the Plaintiff. Cro. E. 340. Mich. 36 & 37EHZ.. B. R.
Tanfield v. Rogers and Watfon.
(H) Hv»
Refervation. 1 1 $
(H) How. In what Cafes a Refervation may be without
Deed. In refpeSi of the EJfate granted.
u T Jf a
Term of £i/*e and the Grantee grants it to the Abbot again, retidritig Rent, and died, and the Executors
breugf. t Debt ; And it was held, That it was a void Refervation, unlel's it be by Deed ; becaufe he parted,
with all his E'.tate. Br. Refervation, pi. S. cites 12 H. 4. I).
2, As if a 05an mafces a Feoffment be cannot referee anp Kent^-Rf^-
ttitijOUt DCCtU idj). 4» 17. „ ,. _ , . rites S.C.'
3, 3jf Leliee for Lite or Years grants over all his Eftate Jje CanttOt Xt' See( ; F) p i.
fabe anp Kent without Dees. 12^4.17, 9^. 6.43* b, I? .
4. Where a xVlan gives Land with his Daughter in trankmarriage, rend- s P Br _ r,..
ring 20 s Rentals Relervation is void; for it is contrary to the Nature fervation.pl.
of "the Tenure: For this Tenure is to hold free till the fourth Degree ;*. cites a
4 H. 6. 28. Thorp.
( T ) In refpe£l: of the Conveyance. Sec cF)
1. Y7J7 D(EK€ X\)Z COillJCPiinCC enures by wav of Extinguifliment
V V a Kent cannot be teferbeb UHtbotit Dccru 12 1). 4* *7* &♦
2. As a Leliee cannot furrender, refCtOtltg Kent UHtljOUt DCCO, bC=
caufe it enured tip map of Cttingutujment 12 p< 4* 17* in