Statutes.
Prerogatiue cap. 9. The King shall haue the custodie of their lands during their life.
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Prerogatiue cap. 9. The King shall haue the custodie of their lands during their life.
Prerogatiue cap. 10. And of Lunatickes, during their Lunacie, to their owne vse.
When one hath the possessiō of any thing * 1.1 to anothers vse, this vse at the Common Law, was accounted nothing, but as a matter in conscience and Chancerie onely. Whereupon these Statutes following were made.
1. R. 3. cap. 1 Cesti qui vse may grant the land, or suffer a Recouerie of it.
4 H. 7. cap. 17. The heire of Cesti qui vse, (of land holden by Knights seruice) shal be in ward, and pay reliefe.
19. H. 7. cap. 15. Execution vpon iudge∣ment, statute, or recognisance, shal be good against Cesti qui vse.
The heire of Cesti qui vse of land in So∣cage, shall pay reliefe, heriot, &c.
27. H 8. ca 10. Where any be seised to the vse or trust of another, Cesti qui vse, or trust, shall haue the possession in such qualitie, manner, and condition, as he had the vse or trust. So when any be seised to the vse or intent that another shall haue a yearly rent out of the same lands, Cesti qui vse of the rēt shal be deemed in the possession thereof, of like estate as he had that vse.
27. H. 8. cap. 16. Bargaines and sales to raise an vse of inheritance or freehold, must bee by deede indented and inrolled within sixe moneths, in a Court of Record at Westminster, or in the Countie where the land lieth.
Sundrie men possessing the same thing by purchase, are Iointenants, or Tenants in Common.
Iointenants which possesse by the same title. As if two, three, or more, be infeoffed * 1.2 of certain lands, to hold to them and their heires, or during their own or anothers life, or disseise another to their owne vse, or a lease be made, or a horse, or other Chattell personall giuen vnto them.
And here the suruiuour shall haue the * 1.3 whole in the same sort as he had his part, excepting onely present interests of the thing it selfe granted by him that dieth.
As a Lease for yeares, though the Lessee neuer had possession, or though it be to be∣gin at a day to come, and the Iointenant which made it, die before the day; bindeth the Suruiuor: for the Lessee hath a present interest.
Otherwise it is of a grant to haue a lease, if the grantee pay x. l. before midsomer next, * 1.4 and the Iointenanr which made the grant, die before the day: for there is no interest
at all, but a communication onely, till the monie be paid. Otherwise it is also of a rent charge granted out of the land wherof they * 1.5 are Iointenants: for that is no interest in the land it selfe.
Tenants in Common are they which possesse by seuerall titles. * 1.6
As if two Iointenants bee, and one alie∣neth his part to another, the Alience, and the other Iointenant, are Tenants in Com∣mon: for the Alienee commeth in by one of the Iointenants feoffement. So if three Iointenants be, & one alien that which to him appertaines in fee; the Alience is of this third part tenant in common, with the other two Iointenants: but they remaine still Iointenants of the other two parts. So if land be giuen to two men or two womē, and the heires of their two bodies engende∣red: the Donees haue a Ioint estate during their liues: but their issues are Tenants in Common of the inheritance. For euey one claimeth as heire of the bodie of his father. And it is impossible that two men or two women should haue one heire of their bo∣dies betweene them begotten.
So if land be giuen to a Maior & Com∣minaltie, and their successors, & to I. S. for I. S taketh in his owne right, and the other in the right of the corporation. And ther∣fore * 1.7 vpon a feoffement to a corporation, & another person, there must be seuerall liue∣ries, in respect of their seuerall capacities,
which maketh them tenants in common.
So if lands be giuen to two, Habendum the one moitie to the one, & the other mo∣itie * 1.8 to the other. In like sort if a lease for yeares be made to two, or two buy a horse or oxe, and one grants that which to him appertaines of the terme, horse or oxe to a∣nother.
To possessions this is generall, that they may be granted.
28. H. 8. Dy. 12. Fitz.
Lit. ca▪ of Iointer.
Lit. ibid.
5. El. Ploy. 203. Browne.
Lit. ibid.
Lit. chap. of tenants in Common.
7. H. 7. 9.
Lit. ibid.