Pasch. 5 E. 3. Coram saur. 21 E. 3. 47. 34 E. 3. Double Plea. 24. p. 20. 30 E. 3. 29 E. 3. 26 E. 3. per 12 H. 4. 9 E. 4. 33. 13 H. 7. If a man plead a feoffment of a manor, he need not plead an attornment of the tenants; (but if it be material,) it must be denied or pleaded of the other side. And upon consideration had of all the books touching this 42 Ass. p. 6. 43 Ass, point, whether the services of the freeholders do pass, wherein there have been three several opinions, viz. some have holden that the services do pass in the right by the livery as parcel of 20 H. 6. 7. 35 H. 6. the manor, but not to avow without attornment, as in the case of the fine. And others have holden, that they both pass in right and in possession to distrain without attornment. And the third opinion is, that in this case the said services pass neither in possession nor in right, but until attornment *remain continually in the alienor, as Littleton here holdeth. And so it was resolved, Pasch. 15 Eliz. between Brasbitch and Barwell, according to the opinion of our author. And I never yet knew any of Littleton's cases (albeit I have known many of them) to be brought in question, but in the end the judges concurred with our author. *311 a. Vid. Hill. 14 Eliz. Rot. 508. in Commui Banco. After attornment by the freeholders to lessee of a manor, his attornment to the grantee of the reversion was sufficient. 9 E. 2. tit. Attornment 18 b. 19 E. 2. Ibid. 19. 21 E. 3. 47. 5 H. 5. 12 b. Vid. Litt. sect. 549 & 556. LITTLETON. Attornment to a grant of a reversion ought to be made by the tenant immediately privy to the grantor. And where our author speaketh of the attornment of the freeholders, if the lord make a lease for years or for life, of a manor, and the freeholders attorn to the lessee, if after the reversion of the manor be granted, the attornment of the lessee for years or life shall bind the freeholders; for by their former attornment, they have put the attornment into the mouth of the lessee. ALSO, if there be lord and tenant, and the tenant lettetk [Sect. 554. 311a.] the land to another for term of life, or giveth the land in tail, saving the reversion to himself, &c. ("&c." that is to say, without limitation of any remainder over; and this is but to make his opinion plain as to the point that he putteth it), if the lord in such case grant his seignory to another, it behoveth that he in the reversion attorn to the grantee, and not the tenant for term of life, or the tenant in tail, because that in [COKE, 311a.] deed was last in order of time, got attornment made to him first, the reversion passed to him; and though attornment were afterwards made to the other grantee, this would not help him by relation. Neither would it have made any difference, if the former grant of the reversion had been in fee, and the latter for life only. Shep. Touch. 266. That estates depending on conditions precedent, cannot vest even by relation, till the perform ance of the condition, see 2 Leon. 139.-[Ed.] this case he in the reversion is tenant to the lord, and not the tenant for term of life, nor the tenant in tail (N). For it is a maxim in law, that no man shall attorn to any grant of any seignory, rent service, reversion, or remainder, but he that is immediately privy to the grantor; and because in this case there is no privity between the lord and the tenant for life, or donee in tail, but only between the lord and him in the reversion; for in this case the attornment of him in the reversion only is good. 311 a. (8 Rep. 42.) IN the same manner is it, where there are lord, mesne, and LITTLETON. tenant, (9) if the lord will grant the services of the mesne, al- [Sect. 555. 311a.) beit he maketh no mention in his grant of the mesne, yet the mesne ought to attorn (10), &c. and not the tenant peravail, &c. for that the mesne is tenant unto him, &c. This standeth upon the same reason that the next precedent case did. *311 b. 311 b. rent-seck. BUT otherwise it is where certain land is charged with a LITTLETON. rent-charge or rent-seck; for in such case if he which hath the [Sect.556. 311b.] Diversity herein berent-charge grant this to another, it behoveth that the tenant tween a rent-service, of the freehold attorn to the grantee, for that the freehold is and a rent-charge or charged with the rent, &c. And in a rent-charge, no avowry ought to be made upon any person for the distress taken, &c. but he shall avow the prisel to be good and rightful, as in lands or tenements so charged with his distress, &c. Here is to be observed a diversity between a rent-service and a rent-charge, or a rent-seck; for, as to the rent-service, (9) si—et, L. and M. and Roh. (10) &c. not in LA and M. nor Rob (N) The cases put by Littleton in this and the three following sections, depend on this rule, namely, that he that owes the services must make the attornment; and therefore where the tenant in fee made an estate for life, yet he remained tenant to the very lord, and ought to have attorned to the grant of the seignory; but if he had made a lease for life, the remainder in fee, the tenant for life would have been the proper person to attorn to such grant; for this would have been an alienation in fee, and the tenant for life, by virtue of the statute of quia emptores, would have held of the chief lord; for otherwise a new tenure would have been created, if the tenant for life had held of the remainder-man, and he to hold over; and since the statute no man can erect a new tenure. Gilb. Ten. 84, 85.-[Ed.] 311 b. (6 Rep. 59 a.) 21 H. 6. 9 b. (2 Rep. 67.) (6 Rep. 39a.) (1 Leon. 265a.) no man (as hath been said) can attorn, but he that is privy; so in case of a rent-charge, it behoveth that the tenant of the freehold doth attorn to the grantee, without respect of any privity. And therefore the disseisor only, in the case of a grant of a rent-charge, shall attorn, because he is (as Littleton saith) tenant of the freehold; but in case of a grant of a rent-service, the attornment of a disseisee sufficeth (0). If there be lord and tenant by homage, fealty, and rent, the tenant is disseised, the lord granteth the rent to another, the disseisee attorneth, this is void: but if he had granted over his whole seignory, the attornment had been good; and the reason of this diversity is here given by our author, for that when the rent was granted only, it passed as a reut-seck, and consequently the disseisor being terre-tenant, must attorn. But when the seignory is granted, then the disseisee in respect of the privity may attorn. "It behoveth that the tenant of the freehold, &c." And therefore if the tenant of the land charged with a rent-charge or a rent-seck make a lease for life, and he that hath the rent-charge or rent-seck granteth it over, the tenant for life shall attorn, for he is tenant of the freehold, according to the express saying of our author, and (as hath been said) there needeth no privity. And it was holden by Dyer, chief justice of the court of common pleas, and Mounson, justice, in the argument of Bracebridge's case abovesaid, and not denied, that if he that hath a rent-charge granteth it over for life, and the tenant of the land attorn thereunto, and after he granteth the reversion of the rent-charge, that the grantee for life may attorn alone; and that these words of Littleton are to be understood when a rent-charge or rent-seck is granted in possession: and therewith agreeth 46 E. 3. where it appeareth, that the quid juris clamat (P), in that case, did lie against the grantee for life. (0) In the case of a rent-service, notwithstanding the tenant was dis seised, he yet might have attorned to the lord, because the feudal contract continued. But to the grant of a rent-charge, or rent-seck, the tenant of the land must have attorned, because the land only was liable, and no one else, but as tenant of the land; and therefore the land being to yield the rent, the tenant of the land was the only person to consent to such grants, and to put the grantee into possession. Gilb. Ten. 84, 85.[Ed.] (P) As to this writ, see n. (L1) infra.--[Ed.] Vid. Litt. sect. 549 & A man maketh a lease for life, and after grants to A. a 46 E. 3. 27. 2 H. 6.9. rent-charge out of the reversion, A. granteth the rent over, 553. he in the reversion must attorn, and not the tenant of the freehold, for that the freehold is not charged with the rent; for a release made to him by the grantee doth not extinguish the rent. And Littleton is to be understood, that the tenant of the freehold must attorn when the freehold is charged. *312 a. *« And in a rent-charge no avowry ought to be made upon any person, &c." This is the reason that Littleton giveth of the difference between the rent-service and the rent-charge. Now it may be said, that this reason is taken away by the statute of 21 H. 8., for by that statute the lord needs not avow for any 21 H. 8. cap. 19. rent or service upon any person in certain: and then by Lit- Vid. sect. 454. tleton's reason there needeth no privity to the attornment of a seignory; for (say they) cessante causâ vel ratione legis, cessat lex, as at the common law no aid was grantable of a stranger to an avowry; because the avowry was made of a certain person but now the avowry being made by the said act of 21H. 8. upon no person, therefore the reason of the law being changed, the law itself is also changed; and consequently in an avowry according to that act, aid shall be granted of any man, and the like in many other cases; which case is granted to be good law: but albeit the lord (as hath been said) may take benefit of the statute, yet may he avow still at his election upon the person of his tenant. And albeit the manner of the avowry be altered, yet the privity (which is the true cause of the said difference) remaineth still as to an attornment. 27 H. 8. 4h. (Doc. Plac. 25, 26.) [Sect. 557. 312 a.] The tenant having made a lease for life, remainder to another in fee, attornment of lessee grant of the services, ALSO, if there be lord and tenant, and the tenant letteth LITTLETON. his tenement to another for term of life, the remainder to another in fee, and after the lord grant the services to another, &c. and the tenant for life attorn; this is good enough, for that the tenant for life is tenant in this case to the lord, &c. and for life to the lord's he in the remainder cannot be said to be tenant to the lord, as to this intent, until after the death of the tenant for life: yet in this case if he in the remainder dieth without heir, the lord shall have the remainder by way of escheat, because that albeit the lord in such case (11) ought to avow upon the tenant for life, &c. yet the whole entire tenement, as to all the estates (11) covient d'avower-d'avowera, L. and M. and Roh. was good. *312 b. 312b. M. 3 H. 6. 1. On grant of the seig nory for life, remainder in fee, attornment to as to the remainder. 15 E. 3. Attorn. 10. 12 E. 4. 4. 18 H.6 2. of the freehold, or of fee-simple, or otherwise, &c. in such case are together holden of the lord, &c. (12) "But not to make avowry upon them altogether. M. 3 II. 6." This is added to Littleton, but it is consonant to law, and the authority truly cited. "And the tenant for life attorn, &c." For he that is (as hath been said) privy and immediately tenant to the lord must grantee for life was good attorn; and that is in this case the tenant for life: and so of the other side, if a seignory be granted to one for life, the remainder to another in fee, the attornment to the tenant for life is an attornment to the remainder also; [unless it be that they in the remainder (g)] ought to have acquittal, or other privilege (whereof they should be prejudiced); and then albeit an attorument be had to the tenant for life, and he acknowledge the acquittal, &c. yet after his decease, he in remainder shall not distrain until he acknowledge the acquittal, notwithstanding the attornment to the tenant for life. 9 E. 2. tit. Attorn. 18. (9 Rep. 134b. Post, 280 a.) 3 H. 6.1. Old Tenures 107. (d) 15 E. 4. 13 a. (1 Leon. 225.) LITTLETON. "Shall have the remainder by way of escheat." For the remainder is holden of the lord, but not immediately holden; and in this case, by the escheat of the remainder, the seignory is extinct for the fee-simple of the seignory being extinct, there cannot remain a particular estate for life thereof, in respect of the tenure and attendance over; and of this opinion is Littleton (d) himself in our books. But otherwise it is of a rent-charge in fee; for if that be granted for life, and after he in the reversion purchase the land, so as the reversion of the rent-charge is extinct, yet the grantee for life shall enjoy the rent during his life, for there is no tenure or attendance in this case. ALSO, if there be lord and tenant, and the tenant let[Sect. 558.312b.] teth the tenements to a woman for life, the remainder over in On grant of services fee, and the woman taketh husband, and after the lord grant the services, &c. to the husband and his heirs; in this case the 4. Attornment in law. to the husband of the ter-tenant, his acceptance of the grant was an attornment in law. (12) This paragraph not in L. and M. nor Roh. (Q) The sense of this passage seems to require that the words, " unless it be that they who attorned" should be substituted for the words which are placed within brackets.-[Ed.] |