Law, Book 2 · Chapter 3
CHAP. 3.
Of Hereditaments, where: of Eſtates.
A Poſſeſſion is an Hereditament or Chattell.
Hereditament is a poſſeſſion which one may hauehave an Eſtate in. One borne of Parents out of the Kings allegiance; ſuch an one we call an alien. But (a)36. H. 8. Br. deniſen. 9. 1 R. 3. 2 Huſſey.an an aliens Sonne, borne in England is no alien: Nor by the Common Law, one borne beyond Sea, of Engliſh Parents, in the Kings ſubiection. And the Statute 25. E. 3. onelyonly maketh it more cleere; is diſabled to enioy any hereditaments, he ſhall hauehave no (b)38 H. 8. Br. deniſen 10. & 16.reall nor mixt action, nor is inheritable: but either his yonger brother being a denizen, ſhall hauehave it, or the (c)So Doct. & Stud thinketh Br. deniſen 7.Lord by Eſcheat.
Prerogatiue.
Therefore ſuch a one purchaſing (d)14 H 4. 20. c. Mar. Br. deniſon 25.any, though it be but for yeares, it is the Kings.
An Eſtate is particular, or an inheritance,
And is Vncertaine, or Certaine.
Vncertaine, which is determinable at anothers pleaſure, as an eſtate at ſufferance, and at will.
At ſufferance, when after lawfull occupation, he continueth poſſeſſiō without authoritie.7. E. 4. 6.
As leſſee for yeres, holding in after his terme expired, and before any entry made vponupon him. But if he continue after entrie vponupon him, then is he a wrong doer.
At will, when an eſtate is made during Lit 24. 14. H. 8. 12.pleaſure.
Statutes.
6. H. 8 cap 15. If the King giuegive land, or an office, durante bene placito, & after grant the ſame vntounto another: the ſecond graunt ſhall be void, if mention be not made therin of the firſt.
Certaine, which is not ſo determinable, And is called a terme, whereupon may depend a remainder or reuerſiō: for a remainder cannot bee but vponupon a particular eſtate precedent. As vponupon a leaſe for yeres or life; 7 E. 6 Ploy 83.vponupon an (a)11. H. 4. 42.eſtate to one & his heirs during the life of I S for in effect it is but an eſtate for life. But not vponupon an eſtate to one and 4. E. 6. Ploy …9.his heires, ſo long as I. S. hath heires of his bodie; For that is a fee ſimple determinable. Nor (b)3. E. Pl. 235. & 247.at the Common law, vponupon an eſtate to one & the heires of his bodie: for it was a fee ſimple cōditionally; (c)ibid.neither could any reuerſion be of it.
Remainder, is a reſidue of the eſtate, at the ſame time appointed ouer: and therefore 38 H. 6. 30.cannot be ſaid to be ex aſſignatione, but ex dimiſſione of the Leſſor, becauſe it paſſeth at the ſame time.
Reuerſion is a reſidue of the eſtate, not at the ſame time appointed ouer. As if a Lit.man let land for life, without ſaying more; the reuerſion of the fee ſimple is in the leſſor. And if he afterwards grant this to another, the grantee hath a reuerſion.
Termes are forfeited by plucking the inheritance out of him that hath it. As if tenant Lit. 137. a fundamenti legū. ꝑ Br. Forf. 96.for life (or yeres) of land make a feofment in fee: for thereby the fee ſimple paſſeth, by reaſon of the liuerie.
Otherwiſe it is, if tenāt for life of a reuerſion or rent, grant it by his deede in fee: or if tenant (b)1. H. 7. 22.for life take a fine of a ſtranger, ſur conuſance de droit, or ſur releaſe; for ſuch a fine increaſeth not his eſtate. But a (c)42. H. 3. 20.fine by tenant for life to a ſtranger, ſur conuſance de droit come ceo quil ad de ſon done, is a forfeiture. So if tenant for life (d)9. H. 7. 20.pray in aide of a ſtrāger, or (in (e)9. H. 5. 14.a writ of right brought againſt him) ioyne the miſe vponupon the more right. And theſe are by reaſon of the eſtoppell.
Termes may be ſurrendred: that is to ſay, yeelded vp and drowned For a ſurrender cannot be of a fee ſimple. to him that the 12. H. 4. 21.next and higher eſtate. As two Iointenants, 22. H. 6. 5.and to the heires of one, hee that hath the freehold cannot ſurrender to the other: for both hauehave a ioynt poſſeſſion, and the ſame eſtate. But Tenants in Common may: As the alienee of him that hath the free hold in Park. 113.the former caſe, may ſurrender to the other Park ibid.Tenant for life, where there is a remainder for life with remainder ouer in fee, cannot ſurrender to him in the remainder in fee; for he hath not the next immediate eſtate. Leſſee for life cannot ſurrender to Park. ibid.him in the remainder for yeres: But to him in the remainder for life hee may, for that remainder (as vntounto him in the remainder) i… an higher Freehold than the others eſtate, which is vntounto him but pur auter vie.
Statutes.
Gloceſtr̄ cap. 7. Tenant in Dower, alienating longer than during his owne life, he in the reuerſion ſhal recouer againſt the Alienee in her life time.
A terme is for yeares, or life. The preſent 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 vponupon him by courſe of Law; as vponupon the heire by death of his anceſtor; vponupon him in the remainder 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 Lit. 167.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 Inheritance 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 9. H. 6. 44.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, onelyonly maketh a Lit. 166. 26. H. 8. 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 hauehave an action of Couenant. But in a warranty of a fee or Free-hold, the partie ſhall hauehave no aduantage vnleſſe he be tenant of the land.
Euerie exchange hath a warranty knit 3. E. 3. form. 44.by law. And therfore the Exchangor or his heire may vouch to warrantie by an exchange without deede, and his Aſſignee rebutte.
Inheritāce is an eſtate deſcendable: for Lit. 1.inheritance neuer lineally aſcends, as from the ſonne (that purchaſeth in fee ſimple, & dieth without iſſue) to the father: but alwaies diſcends, as to the vncle, brother, &c. to his heires that hath actuall poſſeſſion.
As if the eldeſt brother once enter, his Lit. 2.ſiſter of whole bloud ſhall inherite, & not his brother of the halfe bloud. But if he neuer enter, the brother of the half bloud ſhal inherite as heire to his father.
An heire is the next of worthieſt of whole Lit. 2.bloud: for the halfe bloud is inheritable, being alſo of bloud to the firſt purchaſor.
So the bloud of the fathers ſide is worthier than the mothers: the elder brother Lit. 2. & 3.worthier than the reſt. Therefore theſe ſhal inherite firſt.
So, lands purchaſed may go to the heires 49. E. 3. 12.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 neuer hauehave it, becauſe they are not of bloud to him that was laſt ſeiſed.
But Lands diſcended goe onelyonly 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 purchaſor.
He that is begottē out of mariage, is called 1. H. 6. 3.a baſtard: for if a womā great with child take a husband, the iſſue borne (though it 1. H. 6. ibid. 7. H. 4. 9.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 21. E. 3. 29.(that is, ſo with child as it is not diſcerned) and ſhe take another husband, the iſſue borne within a monethmonth (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)Lit. 41.nullius filius.
And therefore cannot inherite: nor bring (b)35. H. 6. 9.a Writ of Detinue as heire; nor bee a villeine (c)Lit. 41.but by his owne confeſſion in Court of Record: and the land ſhall (d)2. E. 2. baſt. 20.eſcheate where there is no iſſue but ſuch a baſtard, nor other heiere.
But (e)Lit. 94.marriage following after, gaineth him the right of inheritance, if after the fathers death he enter before his younger brother, (f)17. E. 3. 59. bast 32.or ſiſter if both be females, borne (g)3. El per Dy. in ſir Th Gerrar. c.of the ſame father and mother within eſpouſals: who is called mulier puiſne, and the other Baſtard eigne, and continue (h)2. E. 3. 16.the poſſeſſion all his life without interruption. And that (i)36. aſſ pl. 2. Br. diſ…ent 29.although the mulier puiſne be an infant: becauſe this bindeth the right. For (k)Lit. 94.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, Lit. 53.as daughters, ſiſters, Aunts, &c. they ſhall inherite alike, and are but as one heire, called parceners or coparceners.
Where the generall entrie of one, is of Lit. 160.the reſt, if they liſte. So is not a ſpeciall entrie to her owne vſe.
As if Tenant in Taile hauehave iſſue two daughters, and the eldeſt entreth into the whole, and thereof maketh a feoffement with warrantie; this is a collaterall Warrantie, 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 hauehave an entrie for them, and not otherwiſe. And therefore in a Partitione facienda 4. H 7. 9.of rent, it is a good plea for the defendant 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, 43. E. 3. 19.both cannot be vouched as heires, for that is to their diſaduātage. But both may hauehave an aſſiſe.
The inheritance it ſelfe that diſcendeth, ſhall bee charged by the deed of the ſame (a)10. E. 4. 10.Anceſtor,
Whether Obligation, couenant, annuity, warrantie, or whatſoeuer elſe: but not by any bare matter (b)10. E. 4 10.en fait, as of ones Anceſtor time out of mind hauehave beene woont to pay an annuitie, &c.
Binding himſelfe and his heires.
But if either a man bind his heirs to pay (c) 31. E. 1. gr. 85.xx. l. a yere, or ſuch like, but not himſelf; or himſelf (d)15 El. Pl. 457. Br. Annuitie 13. 2. H 4. 4. 13.without naming his heirs: there the heire ſhall not be charged, though he hauehave aſſets by diſcent. And therefore (e)15. El. Pl. 441. 17. El. Dy. 344.the heire being charged onelyonly by reaſon of aſſets, when he hath aſſets, the ſame is counted his own debt, & the action of debt lieth againſt him in the debet & detinet, not in 40. E. 3. 15.the detinet onelyonly. And for one acre onelyonly 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 reuertione leuanda cum acciderit. And a ſpeciall Writ ſhall goe out to extend the whole.
Statutes.
Merton. cap. 5. A Nomine poenae ſhal not incurre vponupon an heire within age.
The dying ſeiſed of the inheritance and Lit. ca. of deſcents.freehold together. Not of a free-hold onelyonly, as of an eſtate for his own or anothers life, nor of a remainder or reuerſion where the Free-hold is out of him.
Whereby the land diſcendes vntounto his heire. For if it eſcheate, as by the death of Li…. ibid.the Alience of the Diſſeiſor, without heire, the diſſeiſee may enter; taketh away the entrie of euerie one, We call it a diſcent that tolleth entry, whether it be of one that hath right, as in the dying ſeiſed of a diſſeiſor, (a)Lit ibid.abator, (b)4. E. 6. Pl. 47.or intrudor; or of one that hath but title that may hauehave an action: as an Infant (c)Lit. 96.whoſe feoffee after his full age, dieth ſeiſed: hee (d)21. H. 6. 17.in the reuerſion, where tenant for life doth Alien, and the Alienee dieth ſeiſed; the Deuiſee (e)9 H. 6. 25. 21. H 6. 17. 33. Aſſ pl. 11.of land in London, if the heire enter and die ſeiſed. For the Infant may hauehave a Dum fuit infra aetatem, he in the reuerſion a conſimili caſu, & the Deuiſee in that caſe an ex graui querela. But if the Diſſeiſor of the feoffee vponupon 47. E. 3 11. 1. E 6▪ Br. Deuiſe 36.condition, or an Alienee in Mortmaine die ſeiſed: or if a man deuiſe, that I. S. ſhall ſell his lands at London, &c. and the heire bee diſſeiſed or make a feoffement, and the Diſſeiſor or feoffee die ſeiſed: yet the feoffor vponupon condition in the firſt caſe, the lord of whom the land is holden in the ſecond caſe, and I. S. in the laſt caſe may enter, notwithſtanding any deſcent: for they hauehave no remedie.
But claime vponupon the Land within a yere before the death, it is called continual Lit. chap. of contin. claime.claime, or if they dare not vponupon the land for feare of ſome bodily hurt, then as neere the Land as they dare, ſaueth their entrie.
Statutes.
32. H 8. cap. 23. The dying ſeiſed of a diſſeiſor by ſtrength, and without title, tolleth not the entrie of him and his heires, which at the time of the diſcent had good title of entrie, vnleſſe the diſſeiſor had peaceable poſſeſſion by fiue yeres next after the diſſeiſin.
A fee ſimple, is a fee ſimple, conditionall or abſolute.
Conditionall is a fee ſimple to one and the heires of his bodie: for that is a fee ſimple 40. El. Pl. 250.at the Common law: but the hauing of iſſue made it a more perfect fee ſimple than before.
Which before iſſue cannot bee alienated, 30. E. 1. Form. 85.after iſſue had, becommeth an abſolute Fee ſimple.
And may be alienated or forfeited by attainder (a) 7 E. 3. 36. 8. per a El. 11 Pl. 240. 30. E. 1 ibid.of felonie. But ſo, as if the Iſſue faile before the alienation, the donor, or giuer, ſhall hauehave it.
And this by the ſtatute of Weſtm̄. 2. C. 1. being reſtrained from all alienation (to the preiudice of the Iſſues) and that ſo as by the verie words of the Statute, a reuerſion depends vponupon it; is now become, and made by the conſtruction of that Statute, a new kind of eſtate, deuided from a fee ſimple, & called an eſtate Taile. Which name for plaineſſe ſake we vſe hereafter, calling the other onelyonly a fee ſimple. And the name of Inheritance we applie indifferētly to them both. In which ſence all common vſe doth take thoſe words.
Statutes.
Weſtm̄ 2. cap. 1. The Will of the giuer (according to the forme in the Deede of Gift manifeſtly expreſſed) ſhall bee from henceforth obſerued. So that they to whō the land was giuen vnderunder ſuch condition, ſhall hauehave no power to alien the land ſo giuen, but that it ſhall remaine to their iſſue after their death, or ſhal reuert to the giuer or his heires (if iſſue faile) neither ſhall the ſecond husband of any ſuch woman from henceforth hauehave any thing of the land ſo giuen, vponupon condition after the death of his wife (by the Law of England) nor the iſſue of the husband and wife ſhal ſucceed in the Inheritance: but immediatly after the death of the husband & wife (to whō the land was giuen) it ſhall returne to their iſſue, or to the giuer or his Heires, as aforeſaid.
34. & 35. H. 8. cap. 20. No common recouerie of lands in taile, of the gift or other prouiſion of the King or his Progenitors, (though it be with voucher againſt tenant in taile, the remainder or reuerſion beeing in the king at the time of the recouerie) ſhal bind the heire in taile, or barre him of his entrie. Tenaunt in taile ſhall take no aduantage for any recompence in value againſt the vouchee or his heires.
Hither belong hereditaments giuen in franke marriage; that is to ſay, freely in marriage with ones Kinſwoman.
For the verie word Franke marriage implieth Lit. 4. & 60.an inheritance to the Donees, & the heires of their two bodies begotten.
But land cannot be giuen in Frank marriage H. 8. Br. …an. 10.with a man that is Coſen to the Donor, but alwayes with a woman.
Abſolute, is a fee ſimple to one and his heires whatſoeuer: which diſcending to femals (if one of them hauehave lands of the ſame Anceſtor by frankemariage) ſhe ſhal hauehave no more vnleſſe ſhe be content to put thoſe lands in Hotchpot; that is, that the value thereof be allowed to the other.
As if x. acres were giuen to her in Franke Lit. 59.mariage, and xx. acres more (all of equal value) deſcend from the ſame donor, ſhe putting all together that that value may bee knowne, ſhall retaine her own x. and hauehave v. acres more.
But if the lands diſcend from the father of Lit. 61.the Donor, or other Anceſtor, and not the Donor himſelfe; ſhe ſhall hauehave her part in that which diſcendeth, without putting in Hotchpot: for ſhe is not aduanced by him, but by the other.
No more ſhall any Hotchpot bee, but in Lit. 61.lands giuen in franke mariage. For if a woman hauehave lands by any other gift, ſhe ſhal hauehave her part of that which diſcendeth, as if no ſuch gift had beene. And the reaſon of all this is, for that (if ſhe wil not put the Lit. 59.land in Hotchpot) the Law intendeth that ſhe holds her ſelfe ſufficiently aduanced. And note, that vponupon the Hotchpot, the lands giuen in frank marriage muſt alwaies remaine to the Donee.
To this place are to be referred Lands giuen to a Corporation, which goe in perpetual ſucceſſion.
And therefore Lands giuen to a Maior a 27. H. 8. 15.Comminaltie, without ſaying, And to their ſucceſſors, is a Fee ſimple, and though the Grant be for their liues. For thoſe are voyd words.
And a colour in an Action of Treſpaſſe, 21. E. 4. 66cannot be giuen in a Corporation by a leaſe for terme of their liues: for beeing a Bodie politicke (which neuer dieth) they cannot hauehave ſuch an eſtate.
Here two ſpeciall eſtates for life; dower, & Tenancie by the curteſie of England, do ariſe after ones death that hath an inheritance ioyned with the Freehold.
For they (a)9. El. C. B.may be of a reuerſion depending vponupon an eſtate for yeares, and conſequently of the rent, if any be reſerued. But (b)40. E. 3. 15.not where one hath an eſtate for life, the remainder to another in taile, the remainder to his owne right heire: whether it bée a fée ſimple, or ſuch an eſtate taile as may goe to the iſſue had betwéene the Donees; that wife, or that huſband (if the Donée be a woman.) As if lands bee giuen to a man Lit. chap. of dower.and the heires that he ſhall beget of the bodie of his wife; the ſame wife ſhall bee indowed, but not a ſecond wife. And of lands giuen to a woman & the heires of her body begottē by the husbād, her husband may be tenant by curteſie, but not a ſecond. So of 4. El. Pl. 239.landss giuen before the Statute of Weſt. 2. to a man, and a woman, and the heires of their two bodies; the ſecond wife ſhall not be endowed, nor the ſecond husband be Tenant by courteſie, for their iſſue cannot inherite. But in both caſes the wife Lit. chap. of dower.of eueryevery iſſue (inheriting by force of that gift) ſhall bee endowed, and the husband of euerie ſuch iſſue may be tenant by courteſie. So of Lands giuen to a man and the heires of his bodie, or to a woman and the heires of her bodie, whatſoeuer wife the husband taketh may be endowed, & whatſoeuer husband the wife taketh may bee Tenant by courteſie.
Dower is an eſtate whereby the woman Let. 7.hath the thirds in ſeueraltie, who muſt bee nine yeares of age at the time of her husbands death. Detaining of deedes 9 F. 4. 47.concerning inheritance deſcended to the heire, is a barre of her Dower, ſo long as ſhe deteineth them: but (b)2 H 7 6.ſo it is not of lands purchaſed by the heire.
If the husband at the Church doore, Let. chap of dower.(which is called an endowment, ad oſtium Eccleſia, or, being (c)So he muſt be. Littlet. 8.heire apparant by the fathers or mothers conſent, which is called an endowment, ex aſſenſu patris or (d)F. N B. 150.matris, &c. for the (e)8 E. 2 dower. 154.Sonne muſt make the endowment, and they aſſent, doe (f)Park. 86.preſently vponupon affiance, not (g)44. E. 3 43.before eſpouſals, endow her of any certainty, as of the whole moity, or leſſe part, &c. this ſhall barre her of the thirds if ſhe agree to it. But ſo ſhal not an endowment, ad oſtium F. N. B. 150.camera, nor, ex aſſenſu fratris, or conſanguinei: F. N. B. 150.Therefore it is at her election after her husbands 21 H. 6. 25.death to hold her to this endowment, or to take her Dower at the Common Littlet. 8.law. And in ſuch endowments the wife may enter after her husbands death, without any bodies aſſignment, (becauſe the certainty of the land which ſhee ſhall hauehave appeareth) which in dower at the Common law ſhe cannot.
Statutes.
Magn. Chart. cap. 7. The wife, after the death of her husband, ſhall abide in his chiefe meſſuage forty daies, within which time, her dower ſhall bee aſſigned her If the chiefe meſſuage be a Caſtle, then ſhe ſhall hauehave a competent houſe prouided her till her dower be aſſigned.
Weſtm. 2. cap. 34. A woman that leaueth her husband, and abideth with an Adulterer, ſhall not hauehave dower, vnleſſe the husband (voluntarily, and without coertion of the Church) reconcile himſelfe, and ſuffer her to inhabite with him.
11. H. 7. cap. 20 If a woman that hath an eſtate in dower for life, or in taile ioyntly with her husband, or onelyonly to her ſelfe, or to her vſe in any lands, &c. of the inheritance or purchaſe of her husband, or giuen to the husband & wife by the husbāds anceſtors, or any ſeiſed to the vſe of the husband or his anceſtors, do ſole (or with an after taken husband) diſcontinue or ſuffer a recouerie by couin, it ſhall be void. And he to whom the land ought to belong after the death of the ſaid woman may enter (as the woman had beene dead) without any diſcontinuance or recouerie: Prouided, that ſhee may enter after the husbands death. But if the woman were ſole, the recouerie or diſcontinuance barreth her for euer
This act extends not to any recouerie or diſcontinuance with the heire next inheritable to the woman, or by his conſent of Record inrolled.
27. H. 8. cap. 20. Where an eſtate is made in poſſeſſion or vſe to husband and wife, and his heirs, or the heirs of their two bodies, or to them for their liues, or for the wiues life for her Iointure, ſhee ſhall not hauehave any dower: vponupon a lawfull euiction of that Iointure, ſhe ſhall be indowed according to the rate of land of her husbāds, whereof ſhe was dowable.
Such a joynture being made after marriage, the wife (after her husbands death) may refuſe it, and betake her to her dower, vnleſſe the Iointure be made by Act of parliament.
Tenancie by the curteſie of England is … eſtate, whereby of an actuall poſſeſſion, the huſband that had iſſue by her borne Lit. 7.aliue (whether the iſſue be male or female, heard, or ſeene, and whether it afterwards die or liue, or if (a)28. H. 8. Dyer 25. Fitz.the iſſue be borne aliue, it is ſufficient, though it bee not heard to crie (in as much as he may be borne dumbe) ſhall hauehave the whole.
But no tenancie by curteſie ſhall be of a Park. 90. & 89.poſſeſſion in Law. As where lands diſcend to the wife, and ſhe dieth before the entry by her, or her husbād, or any for them. Nor of a thing in ſuſpence: As where tenant in fee of the Land, marrieth a woman that is ſeiſed of the ſeigniorie in fee; the husband can neuer be tenant by the curteſie of the Seigniorie: for by the intermarriage it is ſuſpended. And it is called tenancie by the Litt. 7.courteſie of England, becauſe no other Realme vſeth it.