Reports of that grave and learned judge, Sir John Bridgman, knight, serjeant at law, sometime chief justice of Chester to which are added two exact tables, the one of the cases, and the other of the principal matters therein contained.

John Mitton Administrator of George Mitton, of Goods not Administred by Alice Mitton, against John By.

IN an Action of Debt for twenty five pounds, for that William Marquess of Winchester, the twentieth of October, 30 Eliz, by Indenture did de∣vise to John By the Father of the Defendant, three parts of the Mannor of Newnham in the County of Southampton, excepting all Fines, Reliefs, Amerciaments, Courts, Woods, Copies, Fishings, and Royalties. Ha∣bendum from Michaelmas next for one and twenty years, rendring six shillings ten pence Rent, at the Annunciation, and Michaelmas.

The twentieth of January 1. Jac. John By the Father made his Will, and made the Defendant his Executor and died possessed.

The fourteenth of Novemb. 2 Jacob. the Defendant granted the Term to the Intestate.

The sixteenth of Novemb. 2 Jac. The Intestate did grant all the Term by Indenture to the Defendant, rendring fifty nine pounds Rent at the

Annunciation and Michaelmas, whereby be entred and had possession of the Land: and twenty five pounds of the said Rent for half a year ending at Michaelmas, 15 Jacob. was behinde to the Plaintiff after the death of the Intestate, which yet the Defendant doth not pay, ad dam∣num, &c.

The Defendant says, that the Intestate the twenty sixth of June, 5 Jac. did release by Deed to the Defendant, all Actions, Suits, Debts, Duties, from the begining of the world until the day of the date of the said writing.

Whereupon the Plaintiff demurred in Law.

And I conceive that Judgment ought to be given against the Plain∣tiff.

For that in Littleton 118. If one doth release to another all Demands, this is the best Release that may be, and shall enure to the most advan∣tage of him to whom it is made: For by such Release, all Actions, Reals and Personals, and Appeals and Executions, are gone and extinct: and if a man hath title to enter into any Land, by such Release his title is gone: and 20 Assis. 5. where in an Assise for Rent, a Release of all De∣mands was pleaded, and the common Opinion was, that it was good; wherefore the Plaintiff was non-suited: and 5 Edw. 4.42. by Danby: A Release of all Demands by a Lord to his Tenant is a good bar and ex∣tinguishment of his Seigniory; for although no Rent was behinde at the making of the Release, yet is the Rent always in Demand: and 6 H. 7. 15. If the King releaseth all Demands, yet as to him the Inheritance shall not be included: But in case of Rent or right of Entry by a com∣mon person, and every thing therein implyed, is gone by such Release: And 14 H. 8. 9. by Pollard: By Release of all Demands the Rent is ex∣tinct, for Rent is to be had by Demand; and if one doth determine the means he hath to come by a thing, he doth determine the thing it self: And Litt. 118. If a man hath a Rent-service, or Rent-charge, or Com∣mon of Pasture, by such Release of all Demands, all is gone from the Land from whence the Service or Rent is issuing, or the Common of Pasture: But if one lets Land to another for a year, rendering forty shillings Rent at Michaelmas, and before the Feast does release to the Lessee all Actions, yet after the Feast he shall have an Action of Debt for non-payment of the forty shillings notwithstanding the Release. And 40 of Ed. 3. 48. Hillary: By such Release to the Conusor of a Statute-Merchant before the day of payment, the Conusee shall be barred of his Action, because that the Duty is always in demand: yet if he release all his right in the Land, it is no Bar: 25 Assis. 7. And Althams Case, Cokes Rep. 153. By a Release of all Demands, not onely all Demands, but also all causes of Demands are released. And there are two manners of Demands, viz In Deed, and in Law. In Deed: As in every Praecipe quod reddat, there is an express Demand. In Law: As in every Entry in Land, Distress for Rent, taking and seising of goods, and the like acts in Pais, which may be done without words, are Demands in Law. And as a Release of Suits is more large and beneficial then a Release of Com∣plaints or Actions, so a Release of Demands is more large and beneficial then any of them, for by that is released all those things that by the others are released, and more; for thereby all Freeholds and Inheritances are released: as in 34 H. 8. Releases 90. 6. He who does release all De∣mands, does exclude himself of all Entries, Actions, and Seisures: And Littl. 170. By the Release of all Demands Warranty is released, and yet that is Executory, and the reason hereof is, that by the Release of De∣mands,

all the means, remedies, and causes, that any hath to Lands, Tene∣ments, Goods or Chattels, are extinct, and by consequence the right and interest in all of them. And in 40 Ed. 3. 22. It is debated there, whether a Release of all Demands by the Lord to the Tenant, to hold onely by Rent and Fealty, shall bar the Lord to demand reasonable ayd to marry his Daughter; but it was agreed there, that such Release shall bar the Lord of his Rent, for as it is there said, that is always in demand. And 13 R. 2. Avowry 89. One gives Land in Tayl to hold by Rent, Homage and Fealty for all Services and Demands, this does discharge the Tenant of Relief, (but 18 Ed. 3. 26. contrarium tenetur.) And 7 Ed. 2. Avowry 211. Suit at a Leet by reason of Residency is not discharged by a Feoffment to hold by Rent for all Services and Demands, for this service is not in respect of the Land, but of residency of the person. And 14 H. 4. 2. Gilbert de Clare, Earl of Glocester, before the Statute of Quia Em∣ptores Terrarum, did give Land, parcel of the Honor of Glocester, to hold of him as of the Honor, to hold by Homage, Fealty and Rent for all Services and Demands: And after long argument it was agreed, and hereby the Lord was excluded to have a Fine for alienation, which other∣wise was due from every Tenant of the Honor. And as the Fine was dis∣charged there by the Feoffment, so it might have been by Release of all Demands.

And the whole Court agreed,* 1.1 that by this Release of all Demands the Rent is released, and so the Plaintiff ought to be barred: and so Pasch. 16 Jacob. Judgment was given accordingly.

Notes

• * 1.1

  Judicium.