the Life of his Wife. Ad judg'd that this is during the- Life of the Survi-
vor of them.
Mo. 876. pi. 1225. Hills v. Hills.
(H. a) Determined. Whre by the Words of Referva^
tion the Rent JJoall determine, tho the Term continues.
1. TF there is Lord and Tenant, and the Tenant makes a Leafe for Life
rhK T ng T/° h "\ a "i^ A M>», ^d the Leflor ailigns over
the Reveriion and dies • the Aflignee fhall not have a Rent after his
Deceafe, becaufe the Rent determined by his Death ; for it was not re-
lerv d to him, his Heirs and Afligns. Co. Litt 215 b
• 2 " ]t T ?°'u em "l m £ keS a Leafe renderin g Ren^ and dies, the Sur- S. P. Ar*.
57 S LTV R V£ ■ th ^ ent ^ et ' he Leafe is S° od - Ar S- RoA. R- 442. - Brid 8 m 44."
Hill. 14 Jac. B. R. m Cafe ol Smallman v. Acburroueh ln sc c "«
to 5 " D. 187. a.—
Mo. 1 39. pi. 281 . in Shelley's Cafe, cites 2 Eliz. Dyer.
(I. a) Good. In Refpe& of the Refer vor.
'• A N f!>ot granted a Corody to J. S. for Life rendring certain Corpo-
JTV ral Services per Ann and after the GraMee k*M it again to the
Mbotjoriz Tears rendring Rent j and a good Refervation, Per Brian,
Choke and Littleton ; for it is a good Leafe to the Abbot by Way of Re-
oHrV n £ V ret0rehe , ibl11 r - ender the Rent * for he has Quid pro
quo. Br. Refervation, pi. 35. cites 20 E. 4. 12.
00 s. So
1 4.2 Refidence.
2. So if a Man //-j/z/j 0#F« 0/ Steward to one for form of Life, and 10 U
Fee, a Robe, and Meal and Drink, and the Grantee leafes it to the Gran*
tor 'for 1'ears reudrmz Rent, the Refervation is good, and the Steward
Hull do the Services during the Years. Br. Refervation, pi. 35. cues
20 E. 4. 12. r i~ r J 7-7
Br Rcl-rva- 3. It was doubted ifCejfy que life makes a Leafe for J ears, cr fitch like,
tion, pi :5- rendering Rent, if the Refervation be good, uniefs the Demife were iy
cites 5 H. -. jy^j indented, by Reafon that he has no Reverfiorj ; and then he can-
Kcii-rvation not referve Rent, uniefs by Deed, which is intended Deed indented,
is void,' un- as it teems j but ic was not adjudg'd. Br. Refervation, pi. 45. cuea
lefs u be by 8 H. 7. 9.
he has do Reverfion, and the Feoffor was a Stranger to the Leafe. Per Brian Br. Ibid, pi "i.
eitesziH.7. 15 Tim the Heirlhall have the Rent; Per Rede Ch. J. which Kmg/iril J. dented j
for tho' the Statute of King R. warrants all Feoffments, Leafe and Releafe.and Confirmation, yet i: does
not warrant any Refervation; and if the Reiervation be good, it fhalj not go to the Heir ; but Rede
contra; and beoiulc the Statute .wanwnts the Leafe, therefore it warrants all Dependencies upon it, as
Refervation Sec. and hv the Ufe defended to the Heir, he (hall have the Rent. But Brook lays*
Nota, that no Reverfion of Land is in Cefty que Vic ; therefore quaere if this Refervation be good.
4. The King releafed the Services of his Tenant, who held of him to pale
his Park, and reterv'd 4 1. per Ann. And it was faid that ic is a void
Retenation ; for the King had nothing in the Land at the Time &c.
Br. Refervation, pi. 49. cites 10 H. 7. 23.
* This Cafe 5. It" Leffcefor Tears ajfigns all his term to come in his Leafe over to
is in no other another, he cannot refer vc a Rent 3 for if he do, fuch Reiervation is not_
the Cafe of * lead) ana £>atop, u P on a Trial at the B * r \ i uc 1C 5
Debt will lie upon it, as on a Contract, it fealed by the Aihgnee, and
that upon the full Default. L. P. R. 99-
For more of Refervation in general fee ©rant, KCleafe, ftCttt, and
other Proper Titles,
(A J NoH-Refidwe. PmijUU by Statute. And ishat
pall be /aid Non-Refidence.
Lord Coke 1 21 HS t?Na£ts, That every Spiritual Pcrfcn promoted to any
JeTlsus , l - "„ j T 26 . K Duties, with any Parfonage or V>carage,jhall le per-
5£ 6Z r- a- fon-ally re/tde,a, anValnding in, at, and upon his Di g ni^nr Benefice, or at one
r ^\eofthan And in Cafe fuch Spiritual Peri on keep not Rejdeuce at one of his
ts^lJnZes ^Benefice J, L^
Protcfior of M % tths in one lear, belall forfeit 10 /. the one Hal] to the Ring, and ttH
Kon-Refi- h H] f f0 the Fayty that tfiUflte. ,
dents, and mm ? "
that he was . , . . • «t q ,1.™ -^.^ made apainft Non-rcfidence,
Note per Cur. upon this Statute of Non- Relidence, A Vicar in a Cathedral Church is not any Vicar in
Fa6t: and therefore if he has a Benefice, Cure, or Dignity elfewhere, he ought to be refident there,
in Pain contained in the Statute ; for lie ought to he relident upon one of his Benefices, and i'uch a Vi-
car as above is not any fuch Ike. • ( lontrary of a !''uar of a Church Parochial, but Prebend is a Benefice ;
and therefore if he has another Benefice, and is relident upon the Prebend* this is futficient to excu-fe
him ; for the Statute is, That l?e fhall be relident upon one &c. And qusre if a Lay Perfon, who is
a Prebend, ought to be relident ; tor the Statute fays, Every Spiritual Perfon ; and he is no Spiritual Per-
fon. Br. Action fur le Statute, pi 2. cites 27 H.8 10 — Br. Surmifc, pi. 24. cites 27 H.8. 1. S. P. [but
it feems mifpnnted for 27 H. S. 10. pi 24] Information upon the Statute of Non- Reficknce was made
again ft an Infant cf 14 Tears, who had taken a Benefice by Licence, and was not a Chaplain, but had
taken the Order of St. Bennet ; fb that he might be married if he would. And by 3 of the Juftices, be-
caufe he has taken a Benefice he is a Spiritual Perfon, and within the Power of the Statute, which fays,
That every Spiritual Perfon beneficed fhall be relident. Br. Surmife, pi. 24. cites 27 H. S. 1.
In Action grounded on this Statute, the Defendant pleaded in Bar, that he was and is a Layman, and
not aCleryman ; to which Plea the Plaintiff demurr'd. 1 Lutw. 158. cites a MS. of Warburton I :6~
H. S. Chapman Qui tarn v. Grefham. And the Serjeant oblcrves that foch Presentation is not a meet"
Nullity, but that he is Parfon de Facto ; and cites D. 292 b.
In an Information upon the Statute &c. the Defendant pleaded that he was clxfen Gofpelkr of St.
Paul's London, and was Relident there by Reafcn of that Dignity ; It was argued, that this was not a
Dignity, to excufe the Defendant, and the Civilians divided Spiritual Functions into three Degrees, (viz.)
ift. A Function which hath a Jurisdiction, as a Bifhop, Dean &c. idly, A Spiritual Adminiltration, with
a Cure &c. As a Parfon of a Church Sec. ;dly. Such as have neither Cure nor Jurildiction, as Preben-
daries, Chaplains &c. and they defined a Dignity to be Functio Eccleliaftica cum Jurifdictione vel Po-
tentate conjuncta, and fo exclude the two tail Jcgrees from being any Dignity. And Popham and Clench
(the other Juftices being abfent) were of the fame Opinion, that it was not a Dignity within the Sta-
tute; but they would advile ;& Adjornatur. And afterwards the Defendant compounded. Cro. E. 66i.
pi. 13. Patch. 4.1 Eliz. B. R. Boughton v. Gouflcy." 3 Nell" Abr. H5. pi. 5. cites Cro. E. 66$.