A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

ANNUITY.

Annuity, is a yearly payment of a certain sum of* 1.1 money granted to another in see for life or years, charging the person of the grantor onely.

For it, no action lieth, but onely a Writ of Annu∣ity* 1.2 against the grantor or his heirs, if the grantor grant for him and his heirs.

If one grant to another an annuity pro consilio impendendo; if he will not give counsell, the other may stay the annuity, because he cannot have the* 1.3 thing, for which he grants the annuity; It is a con∣ditionall grant, though there be not any word of a condition.

If one grant to one learned in the Law, or in Physick, an annuity for terme of the life of the

Grantee pro consilio impendendo to the Grantor; and the Grantor dieth, the annuity shall not cease by this, but the Grantee shall hold for ••erm of his* 1.4 life, and yet it was granted, and was executorie for the Counsell, but no Counsell may be given to the Grantor when he is dead, so that by the act of God, the Grantee is discharged of giving Counsell.

If an Annuity be granted pro consili•• impenso & impendendo, and the Grantee commit Treason whereby he is imprisoned, so that the Grantor cannot have access unto him for his Counsell, yet* 1.5 nevertheless the annuity is not determined by this non feasance, yet it was the Grantees act and de∣fault to commit the Treason, whereby the impri∣sonment grew, but the Law excuseth him; because the not giving counsell was compulsory, and not voluntary in regard of the imprisonment.

If I grant to I. S. an annuity of ten pounds a a year pro consilio impenso & impendendo; If I. S. be* 1.6 a Physician, it shall be understood of his counsell in Physick, if a Lawyer of his counsell in Law. An annuity is granted pro consilio impenso, & impen∣dendo to one Pl••mer Attorney, there is contenti∣on between the Grantor and a stranger, and the Attorney dat consilium adversario concess••ris, sed non est requisitus ad dandum consilium per conces∣sorem sibi in illa materia, whether this were a∣gainst the effect and intention of the former grant, and it was held no, but the Annuity shall con∣tinue.

Notes

• * 1.1

  Cook on Lit. 144.
• * 1.2

  F••••••. Herb. Na••. brev. p. 152.
• * 1.3

  Ployd. an. 6. ••resp. by Browning against Be∣st••r.
• * 1.4

  Plowd. Comment. p. 458.
• * 1.5

  6. H. 8. Dy.
• * 1.6

  Bacons Collection.