Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

32. H. 8. cap. 34. All grantees of reuersions may enter vpon Farmors, for any forfeture (or condition) and haue like aduantages against them (by action only) for any other couenants, condition, or agreement con∣tained in the Indenture of their lease) as the Lessors, their heirs, or successors might And the like for the Lessees against the grantees of the reuersions (recouerie in value onely except.

Therefore things in action cannot bee granted but to him that hath possession: and that by release or confirmation: for a release or confirmation of land to him that hath nothing in the land, is void.

Release is a passing of the grantors in∣terest. The forme whereof is, De me & ha∣red. quietum clamaui, &c.

Confirmation is a ratifying of the gran∣tees possession. The forme whereof is. Con∣firmaui C. de D. statum & possessionem &c.

Furthermore, the grant of euerie thing in action, and of such things in possession as cannot passe by liuerie of the hand, must of necessitie be by deede. For the right of the thing Reall or personal, cannot be giuen nor released by parol. No more can a reuer∣sion, rent, common in grosse, or villeine in grosse, be granted by paroll.. But a horse, oxe, or such personall thing, corne, & trees growing vpon the ground may: and also the wardship of bodie or land.

So a lease for life, with a remainder ouer, is good without deed: for the remainder passeth by liuerie and seisin.

A Deede is a writing sealed and deliue∣red. For if either a parchment with out Writing bee deliuered as ones Deede, yet it is not his Deed, though an Obligation be afterwards written in it: or if it be a writing but not sealed at the time of the deliuerie of it as his Deede, it is a scroule and not his deed. Or if I make & seale a deede, and the partie take it without my deliuery; I may plead it is not my deed. And belongeth alwaies to him whose pos∣session is made by it. As if I release to two disseisors, and deliuer the Deede to one, the other suruiuing shall haue it. Or if the Disseisee release to the Disseisor, and hee

make a feoffement of the land, the feoffee shall haue the release. But if a feoffement to two without deede, and the writings of the land are deliuered to the one, the other shall not haue them: or if hauing two joint feoffees, I release to both, and deliuer the Deede to one, the other though he suruiue, shall not haue it.

But a writing read in another forme to one not lettered, that is, that cannot reade, is not his deede at all, though he seale and deliuer it.

A deed is a deede poll or indenture.

Poll, that which is the onely Déed of the grantor.

Indenture, that which is the mutuall Deede of both: yet the deed of the grantor is the principal, and the other is but a coun∣terpane. And therefore if the Lessor seale, and not the lessee, it is as good against him as if both had sealed. And if there happen any variance betweene the deeds, it shall be taken as the deed of the grantor is, and the other shal be intended onely the misprision of the writer.

And barreth them from saying contrary to any thing in the Indenture. As vpon a lease by indenture or fine, both parties are estopped to say that the lessor had nothing in the lād: so as if the lessor come afterward to haue the Land by purchase or discent,

the Lessee may enter vpon him by way of conclusion, and likewise the Lessee shall by estoppell, be driuen to pay the rent.

Sometime bare acts, without indenture or other matter. Worke an estoppel in like sort. As if the husbād discontinue the wiues land, and take backe to him and his wife for their liues: the wife is remitted, but the husband (by this bare taking back, is estop∣ped to say so.

Notes

• 1. H. 6. 4.
• Lit. 105.
• Lit. 119.
• 6. H 7. 9.
• Park. 13.
• Park 25.
• Park. 27.
• 9. H. 6. 37.
• 34 H. 6 1.
• 6 H. 7. 3.
• 1. H. 7.
• Lit.
• Lit. 88. 14. El.
• 15. El. Pl. 434.
• Lit. 149.