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Of Rent Service.

Lit. s. 213

5 6. There were three kinds of rent, known to the common law; namely, rent-service, rent-charge, and rent-seck. Where a tenant holds his land by fealty and certain rent, it is a rent-service: and this was the only kind of rent, originally known to the common law; a right of distress was inseparably incident to it, as long as it was payable to the lord, who was entitled to the fealty; and it was called a rent-service, because it was given as a compensation for the military or other services, to which the land was originally liable.

Tit. 1. f. 34.
Tit. 2. c. I.
f. 28.

S 7. We have seen that, in consequence of the statute of quia emptores, if a person makes a feoffinent in fee, or gift in tail, with a limitation over in fee, the feoffee or grantee will hold of the superior lord by the same services, which the feoffor was bound to perform to him. It follows, that, upon conveyances of this kind, no rent-service can be reserved to the grantor, because he has no reversion left in him; and, as the grantee does not hold of him, he is not bound to do him fealty. But if, upon a grant in tail or for life, the grantor keeps the reverfion, and reserves to himself a rent, it will be a rent-service ; because fealty and a power of distress are incident to such reversion.

Of a Rent $ 8. Where a rent was granted out of lands by deed,
Charge,
Lit. 1. 217

the grantee had no power to distrain for it; because i Inft. 143 6. there was no fealty annexed to such a grant. To

remedy this inconvenience, an express power of distress was inserted in grants of this kind; and it was then called a rent-charge, because the lands were charged with a distress.

S 9. Rent. S 9. Rent-charges are of great antiquity, and were probably first adopted for the purpose of providing for younger children. They were considered as contrary to the policy of the common law : for the tenant was thereby less able to perform the military services, to which he was bound by his tenure.

And the grantee of a rent-charge was under no feudal obligations : for which reason, a rent-charge is said to be against common right.

§ 10. A rent, granted for equality of partition be. Gilb. 19.

Lit. s. 252. tween coparceners, is called a rent-charge of common right; because the coparcener has given a valuable consideration for it.

11. A rent, granted to a widow out of lands of Inf. 16ga. which she was dowable, in lieu and satisfaction of dower, may be distrained for, upon the same principle. So, of a rent granted in lieu of lands upon an exchange.

Seck.

§ 12. A rent-seck, or barren rent, is, in effect, no. Of a Rent thing more than a rent, for the recovery of which no power of distress is given, either by the rules of common law, or the agreement of the parties.

§ 13. Although every species of rent is comprised Other Sots

of Rents. in the preceding divisions, yet there are some kinds of rents, which are known by particular names. Rents of aslize are the certain efablished rents of the freeholders and antient copyholders of several manors.

Those

X 3

Those of the freeholders are frequently called chief rents, redditus capitales: and both forts are indif, ferently denominated quit-rents, quieti redditus ; because, thereby, the tenant goes quit and free of all other fervices.

11. 5
2 Inft. 44.

Doug. R.

14. A fee-farm rent is a perpetual rent, reserved 627 n. 1 Inf. 143 b. on a conveyance of the fee-simple. And Lord Coke

says, that, if a rent be to the whole value of the land, or to the fourth part of the value, it is called a fee-farm. Mr. Hargrave has observed on this passage, that the true meaning of a fee-farm is a perpetual farm or rent, the name being founded on the perpetuity of the rent or service, not on the quantum. And, that the sometimes confining the term of fee-farm to rents of a certain value probably arose, partly from the statute of Gloucester, which gives the cessavit only where the rent amounts to one-fourth of the value of the land ; and partly from its being not usual, on grants in fee-farm, not to reserve less than a third or fourth of such value.

Vide Brad S 15. After the statute of quia emptores, grant-
bury v.
Wright, ing in fee-farm, except by the king, became imprac-
Dang. R. 624. ticable ; because the grantor parting with the fee

is, by operation of that statute, without any rever,
sion; and, without a reversion, there cannot be a
rent-service.

§ 16. A perpetual rent may, however, be reserved on a grant of lands in fee; and, if a power is inserted

in

in the conveyance for the grantor, his heirs and assigns, to diftrain for the rent when in arrear, and also a power to enter and receive the profits till all arrears shall be paid, the rent is good as a rent-charge, but not as a fee-farm.

a Rent may

$ 17, A rent must, in general, issue out of lands or Out of what tenements of a corporeal nature, whereto the grantee illue. of the rent may have recourse, to distrain : and, therefore, a rent could not formerly be reserved out of an 142 a. advowson in gross, tithes, or other incorporeal here. ditaments.

Gilb, 20.
į Inst. 47 a.

§ 18. Lord Chief Baron Gilbert says, the reason Rents, 22. why a rent cannot issue out of an incorporeal hereditament is, because every incorporeal right, till by age it was formed into a prescription, did originally rise by grant from the crown ; and such grants seem to have been made for particular purposes. As the grant

of a fair to be under the protection of the lord. The grant of common, for the benefit of the beasts of every one of the tenants. And, therefore, to let such incorporeal inheritances for rent, was esteemed contrary to the design and purpose of such grants. The corporeal rights of the feud were trusted to the lord to create a dependancy, for the better service of the government. And, therefore, as he might hire them for the personal service and attendance of tenants, so, for the same reason, he

may do it for his own profit, fince such profit makes him better able to serve the

government.

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Inst. 47 a.

§ 19. There is, however, one exception to this rule. A rent may be reserved upon a grant of an estate in remainder or reversion : for, though the grantee cannot distrain during the continuance of the particular estate, yet there will be a remedy by distress, whenever the remainder or reversion comes into porseflion.

Gilb. 22.

$ 20. A rent may be reserved to the king out of an incorporeal hereditament; because, by his prerogative, he may distrain all the lands of his lefsees for such rent : and, therefore, as he has a remedy, there is no reason that such a reservation should be void.

1 Inft. 47 a.

$ 21. Where a lease is made of the vesture or herbage of land, a rent may be reserved; because the lessor may come upon the land to distrain the lessee's beasts feeding thereon.

2 Roll. Ab.

S 22. A rent cannot be reserved out of a rent; and, bro: Ab. Tit. therefore, if a person grants lands in tail rendering Allise, pl. 2. rent, and after, grants the rent for life, or in tail ren,

dering rent, this is a void reservation, because it passes Keilw. 161. as a rent-seck. And if A. has a rent-service or rent.

charge, and grants it to another for term of life by deed indented, rendering to A. certain rent, the reservation is yoid ; because rent cannot be charged with other rent; for rent cannot be

put

in view,

23. A rent cannot be reserved out of tithes by a layman : but, by the statute 5 Geo. 3. c. 17., it is enacted, that leases, made by ecclefiaftical persons, of

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