A.D. 1340. not in accordance with the other.-W. Thorpe. It may be that it was a rent charge in the hands of the father, for the tenants might have charged to him, &c., and, by circumstances that might have occurred, that the rent was not to continue unless it was confirmed by him who had power in that behalf; wherefore both deeds together may make a freehold, and not one without the other.-PARNING. The tenant of a manor could not confirm a rent granted by another; for no one can confirm but he who has a right to the thing to be confirmed, and this the tenant of the land cannot have; for every rent is extinguished as to him.-SCHARDELOWE. If land be holden of me by the service of 10s., and I grant 58. to you, and my tenant confirm the grant, and grant that you may distrain for the rent, will you not have the rent? Certainly you will. And if a tenant for life makes a charge, and after his death he to whom the reversion belongs enters and confirms the charge, with a clause of distress, that is good enough.-Gayneford. If it were a rent charge in the hand of J. who first made the grant, it would be necessary to show how he came to the rent and to show the beginning of the charge, and this he does not do.-SCHARSHULLE. There are many rents for which parties can have an assise, (if the assise be awarded without a counterplea) which might have been stopped by a counterplea; and if a charge be granted which by law may be defeated by a plea of the tenant, and he will not counterplead but vouches it as saved in the grant, who shall counterplead it afterwards? (meaning to say that no one could).--- And then R. Thorpe said that J., who first granted the rent, had eight marks of rent to be taken through the hands of the tenants for term of life, and that the four marks were parcel of the eight marks, which four marks were extinguished by the death of the tenants; and he alleged that W. who confirmed the rent had nothing in the manor at the time of the confirmation.-Gayneford. purseuant del autre.-W. Thorpe. Il poet estre qe ceo A.D. 1340. fust rente charge en la mayn le pere, qar les tenauntz poaint aver charge a lui, &c., et, par chose qe purreit aver avenu, qe la rente ne serreit pas a demurer sil ne fust conferme par celui qe poair ent avoit; par quei lun fet et lautre pount faire un frank tenement, et nul saunz autre.--PARN. Tenant del manoir ne poait confermer rente graunte par autre; qar nul ne poet confermer mes celui qe dreit ad en la chose qest a confermer, et ceo ne poet tenant de la terre aver; qar chescun rente est esteint qant a lui.-SCHARD. Si terre soit tenue de moy par service de x. 8., et jeo grante les v. s. a vous, et mon tenant conferme le graunt, et graunte qe vous puissez pur la rente destreindre, naverez vous la rente? Certum est quod sic. Et si tenant a terme de vie charge, et celui entre apres son deces a qi la reversion apent et conferme la charge, ove clause de destresse, cest bon assetz.Gayn. Sil fust rente charge en la mayn J. qe fist primes le graunt, il covendreit moustrer coment il avient al rente et comencement de la charge, et ceo ne fait il pas.-SCH. Ils sont plusours rentes par quei parties pount aver assise, si assise sanz contreplee soit agarde, queles purreint par plee estre arestuz; et si une charge soit graunte quel de ley poet estre defait par plee de tenant, et il ne voet nient contrepleder mes le vouche sauf en le graunte, qi le contrepledreint apres? quasi diceret, nemo.-Et puis R. Thorpe dit qe J. qe graunta primes la rente avoit viij. marcz de rente a prendre par la mayn les tenantz a terme de vie, issi qe les iiij. marcz, furent parcele des viij. marcz, les quex iiij. marcz sont esteintz par la mort des tenantz; et moustra qe W. qe conferma la rente, al temps de la confermement, A.D. 1340. He was seised when he confirmed; ready, &c.-And the other side said the contrary. Dower brought against four persons when two abatement of the default. ment was suspended (11.) § A writ of Dower was brought against four persons. Two made default after default, and the other two appeared, &c. And the demand was made for the moiety of so many tenements [and a third part of pleaded in others].1- Gayneford. We pray seisin by default of those who come not.-R. Thorpe. By their default you ought writ as to not to have seisin of the land, for one of those who come parcel, and tells you that she holds a moiety of these tenements for the other two made which you make your demand as in dower and in And judg- severalty, and we demand judgment of the writ; and as to a third part of the residue of the same tenements whereof until there you demand a moiety she tells you that she holds them should be by purchase, in severalty, &c. And the other of the two who come tells you that as to the tenements of which you demand a third part, he holds them of the inheritance, &c., in severalty, &c., and we demand judgment of this writ which supposes their tenancy to be in common. Gayneford.-Still as to one parcel we remain unanswered; wherefore we pray seisin thereof at once. tenancy in abatement R. Thorpe. Then you do not deny the tenancy to be of the writ. of the nature that we have alleged; and, if so, judgment of the writ.-ALDEBURGH. It seems to stand to reason a finding upon the plea of the first two, because these two had pleaded several The demand of a third of certain tenements does not appear in the French text, but the words relating thereto have been inserted as being in accordance with the record. See note 2 on opposite page. 4 Robert brother of Henry de Helles. His plea, however, related, according to the record, to a third part of a moiety of the whole demand. 5 It will be observed that 2 Margaret late wife of Henry throughout both reports of this navoit rienz en le manoir.-Gayn. Il fust seisi quant A.D. 1340. il conferma; prest, &c.-Et alii e contra.1 5 lun porte vers derent en quant a ment fut (11.) § Brief3 de Douwere fut porte vers iiij.--ij. Douwere firent defaute apres defaute, et les altres ij. apparerent, iiij. ou les &c. Et la demande fut fait de la moyte de taunt de ij. pletenementz.-Guyn. Nous prioms seisine par la defaute abatement ceux qe ne vieignent mye.-R. Thorpe. Par lour de bref defaute vous ne devez seisine de terre avoir, qar de ceux qe veint vous dit qele tient la moyte de cez tenementz dount vous faitez vostre demande en noun defaute. de douwere et en severalte, et demandoms jugement Et le jugedu bref; et quant a la terce partie de remenant de mys en mesmes les tenementz dount Vous faitez vostre suspens demande par moite qele lez tient par purchace en ple les severalte, &c. Et lautre vous dit qe quant a tenementz dount vous demandez la terce partie lez tient de heritage, &c., en severalte, &c.,7 et demandoms jugement de cesti bref qe suppose lour tenance en abateen comune.-Gayn. Unqore quant a une parcel nous bref par ne sumes my respondu; par quei de cel nous prioms several seisine mayntenant.-R. Thorpe. Donqes vous deditez pas le tenance estre par la manere com nous avoms dit; et, si sic, jugement de bref.-ALD. Il 1 There is also an abridgment of this case in Harl. 741, in which, as in Fitzherbert's Abridgment, the names of persons are given, but not always quite correctly, as appears when comparison is made with the record. 2 From L. and 25184 until otherwise stated, but corrected by the record Placita de Banco, Trinity, 14 Edward III., Ro. 149. It there appears that the action was brought by Katharine late wife of David de Strabolgi, late Earl of Athol, against Gilbert de Helles, Henry his brother, Robert brother of U 50018. les atanqe le altres fut trove, pur il ceo qe les altres ij. plederent ment de tenaunce, ne &c. Henry, and Margaret late wife of 3 L., En un bref. 4 The words apres defaute are not in L. 5 The words de terre are not in 25184. 6 L., ele, instead of par moite qele. 7 The words en severalte, &c., are not in 25184. A.D. 1340. that you cannot delay judgment for him in respect of that of which you are not yourself tenant.-R. Thorpe. Yes, in this case I may, for, if I hold one parcel in severalty, the whole writ is abatable, wherefore it is necessary that he maintain his writ against me to the effect that they are tenants in common, and then, if the finding be for him, he will recover the whole against us two and damages also, and, if several tenancy be found, the writ will abate entirely.-ALDEBURGH. That would not be reasonable; for that which is in danger of being lost by the default cannot depend upon judgment following the verdict of a jury on your issue, for you make no answer with respect to it. Besides, if we were now to respite judgment with respect to that parcel, that would have to be for a definite cause, and we do not see any cause when you will not make any answer with respect to that parcel.-R. Thorpe. If a writ be brought against two persons, and one make default after default, and the other take upon himself the tenancy of the entirety, and be ready to answer, and the demandant maintain his writ to the effect that they are tenants in common, in that case judgment shall be respited as to a moiety, and, if the joint tenancy be found, the demandant shall recover the whole, and, if sole tenancy, the writ shall abate as to the whole; so, in this case.ALDEBURGH. There is no resemblance; for in the case you put there is a cause, inasmuch as one takes upon him the tenancy of the entirety to answer as to the entirety; not so here.-R. Thorpe. Though we do not in our plea refer to the entirety, nevertheless, inasmuch as our plea is to the abatement of the whole writ, the demandant must maintain it, having regard to the whole tenancy as supposed by the writ, and then judgment will be given as to the whole tenancy according to the verdict on the issue to which he is himself a party, as above. PARNING (JUSTICE) ad idem. He brings this writ against these four persons as against tenants in |