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APportionment is a dividing into parts a Rent which is dividable, and not entire or whole; and forasmuch as the thing out of which it was to be paid is separated and divided, the Rent also shall be divided, ha∣ving respect to the parts, As if a man have a Rent-Ser∣vice issuing out of Land, and he purchases parcel of the
Land, the Rent shall be appor∣tioned according to the value of the Land.
So if a man hold his Land of another by Homage, Fealty, Escuage, and certain Rent, if the Lord of whom the Land is hol∣den purchase parcel of the Land, the Rent shall be apportioned.
And if a man let Lands for years, reserving Rent, and after a stranger recover part of the Land; then the Rent shall be ap∣portioned, that is, divided, and the Lessee shall pay, having re∣spect to that which is recovered, & to that which yet remains in his hands, according to the value.
But a Rent-charge cannot be apportioned, nor things that are entire: As if one hold Land by Service to pay to his Lord yearly at such a Feast an Horse, an Hawk, a Rose, a Cherry, or such like; there if the Lord purchase parcel of the land, this Service is gone ab∣solutely, because an Horse, an Hawk, a Rose, a Cherry, and such other, cannot be divided or apportioned, without damage to the whole.
In some cases Rent-charge shall be apportioned: as if a man hath a Rent-charge issuing out of Land, and his Father purchases parcel of the Lands charged in fee, and dies, and this parcel descends to his son who hath the Rent-charge; there this charge shall be apportioned according to the value of the land, because such portion of the
Land purchased by the Father, comes not to the son by his own act, but by descent and course of Law.
Common appendant is of a common right and severable; and although the Commoner in such case purchase parcel of the Land wherein the Common is appendant, yet the Common shall be apportioned: but in this case Common appurtenant and not appendant by such pur∣chase is extinct. Coke lib. 8. fol. 79.