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Glocestr̄ cap. 7. Tenant in Dower, alie∣nating longer than during his owne life, he in the reuersion shal recouer against the A∣lienee in her life time.
A terme is for yeares, or life. The pre∣sent estate for life is termed a Free-hold (in deede) if he be actually seised of it (in Law) before his entrie, when it is cast vpon him
by course of Law; as vpon the heire by death of his ancestor; vpon him in the re∣mainder by death of the particular Tenant.
A terme for life is either for his owne or pur auter vie, that is, for anothers life, where the tenant pur auter vie dying before * 1.1 the other, whom we terme Cesti qui vie, hee that can first hap it, shal inioy out the term, and is named an occupant, but if land be let to one and his heires during anothers life, the heire shall put out the occupant.
Inheritance followeth. Euerie Inheri∣tance at the Common Law is called a Fee simple: The release wherof, or of an estate for life, is not good to one that is but tenāt * 1.2 for yeares, without priuitie. As if Tenant for life or in fee, release to the Lessee for yeares of his disseisor. But the release of a terme for yeares to the Lessee for yeares of him that doth eiect him, is good enough: for there needs no priuitie.
And to these two estates of inheritance, and life, warrantie doth belong: which is an assurance warranting such an estate: for the word Warrantizabimus, onely maketh a * 1.3 warrantie, and not defendemus. And if a lease for yeres be made with warrantie, this sounds not in nature of warrantie, but of a couenant, because it is a chattell. A•••• if the Lessee be ousted, yet hee may haue an action of Couenant. But in a warranty of a fee or Free-hold, the partie shall haue no aduantage vnlesse he be tenant of the land.
Euerie exchange hath a warranty knit * 1.4 by law. And therfore the Exchangor or his heire may vouch to warrantie by an ex∣change without deede, and his Assignee re∣butte.
Inheritāce is an estate descendable: for * 1.5 inheritance neuer lineally ascends, as from the sonne (that purchaseth in fee simple, & dieth without issue) to the father: but al∣waies discends, as to the vncle, brother, &c. to his heires that hath actuall possession.
As if the eldest brother once enter, his * 1.6 sister of whole bloud shall inherite, & not his brother of the halfe bloud. But if he ne∣uer enter, the brother of the half bloud shal inherite as heire to his father.
An heire is the next of worthiest of whole * 1.7 bloud: for the halfe bloud is inheritable, being also of bloud to the first purchasor.
So the bloud of the fathers side is wor∣thier than the mothers: the elder brother * 1.8 worthier than the rest. Therefore these shal inherite first.
So, lands purchased may go to the heires * 1.9 of the part both of the father and mother of the purchasor, vnlesse it be once attached in the heire of the part of the father; for thē the heire of the part of the mother shall ne∣uer haue it, because they are not of bloud to him that was last seised.
But Lands discended goe onely to the heire of that part from whence it discends: as if from the father who did purchase it; then it may goe to the heires of the part of the mother of the same father, but not to the heires of the part of the sonnes mother. For though they be of bloud to the sonne that was last seised: yet they are not of bloud to the father which was the first pur∣chasor.
He that is begottē out of mariage, is cal∣led * 1.10 a bastard: for if a womā great with child take a husband, the issue borne (though it * 1.11 be within sixe weekes after) is no Bastard. Or if the wife clope from her husband, and continue in adultrie, yet the issue borne during that time (if both bee within the foure Seas) is intended lawfully begotten. And if one die, his wife priuement inseint * 1.12 (that is, so with child as it is not discer∣ned) and she take another husband, the is∣sue borne within a moneth (or such a time as it is impossible he should beget it) shall be accounted the son of her first husband, and such a bastard is of bloud to none: in Law, (a) 1.13 nullius filius.
And therefore cannot inherite: nor bring (b) 1.14 a Writ of Detinue as heire; nor bee a villeine (c) 1.15 but by his owne confession in Court of Record: and the land shall (d) 1.16 es∣cheate where there is no issue but such a ba∣stard, nor other heiere.
But (e) 1.17 marriage following after, gai∣neth him the right of inheritance, if after the fathers death he enter before his youn∣ger brother, (f) 1.18 or sister if both be females, borne (g) 1.19 of the same father and mo∣ther within espousals: who is called mu∣lier puisne, and the other Bastard eigne, and continue (h) 1.20 the possession all his life with∣out interruption. And that (i) 1.21 although the mulier puisne be an infant: because this bin∣deth the right. For (k) 1.22 such a bastard is a Mulier by the Law of Holy-Church: and therefore hath a colour to enter as heire to his father.
If the next be women in equall distance, * 1.23 as daughters, sisters, Aunts, &c. they shall inherite alike, and are but as one heire, cal∣led parceners or coparceners.
Where the generall entrie of one, is of * 1.24 the rest, if they liste. So is not a speciall en∣trie to her owne vse.
As if Tenant in Taile haue issue two daughters, and the eldest entreth into the whole, and thereof maketh a feoffement with warrantie; this is a collaterall War∣rantie, and a barre to the puisne daughter for her moitie. Which prooueth, That this speciall entrie is not the entrie of both: for then it were a Warrantie commencing the disseisin, and no barre. But all this is to be vnderstood where the other coparceners list to haue an entrie for them, and not other∣wise.
And therefore in a Partitione facien∣da * 1.25 of rent, it is a good plea for the defen∣dant if she is sole seised, without that, that she holds pro indiuiso. And the plaintife is driuen to a nuper obijt. And if one enter, * 1.26 both cannot be vouched as heires, for that is to their disaduātage. But both may haue an assise.
The inheritance it selfe that discendeth, shall bee charged by the deed of the same (a) 1.27 Ancestor,
Whether Obligation, couenant, annuity, warrantie, or whatsoeuer else: but not by any bare matter (b) 1.28 en fait, as of ones An∣cestor time out of mind haue beene woont to pay an annuitie, &c.
Binding himselfe and his heires.
But if either a man bind his heirs to pay * 1.29 xx. l. a yere, or such like, but not himself; or himself (d) 1.30 without naming his heirs: there the heire shall not be charged, though he haue assets by discent. And therefore (e) 1.31 the heire being charged onely by reason of as∣sets, when he hath assets, the same is coun∣ted his own debt, & the action of debt lieth against him in the debet & detinet, not in * 1.32 the detinet onely. And for one acre onely by discent, the heire shall be chargeable to an Obligation of 1000. l. but no other land shall be put in execution, but it. So, though it bee but a reuersion that discendeth: In which case the Iudgement shall be Quod
recuperet debitum, & damna de praedicta re∣uertione leuanda cum acciderit. And a speci∣all Writ shall goe out to extend the whole.
Lit. 167.
9. H. 6. 44.
Lit. 166. 26. H. 8. 3.
3. E. 3. form. 44.
Lit. 1.
Lit. 2.
Lit. 2.
Lit. 2. & 3.
49. E. 3. 12.
1. H. 6. 3.
1. H. 6. ibid. 7. H. 4. 9.
21. E. 3. 29.
Lit. 41.
35. H. 6. 9.
Lit. 41.
2. E. 2. bast. 20.
Lit. 94.
17. E. 3. 59. bast 32.
3. El per Dy. in sir Th Gerrar. c.
2. E. 3. 16.
36. ass pl. 2. Br. dis••ent 29.
Lit. 94.
Lit. 53.
Lit. 160.
4. H 7. 9.
43. E. 3. 19.
10. E. 4. 10.
10. E. 4 10.
(c) 31. E. 1. gr. 85.
15 El. Pl. 457. Br. Annuitie 13. 2. H 4. 4. 13.
15. El. Pl. 441. 17. El. Dy. 344.
40. E. 3. 15.