Of Rent Ser vice. Lit. f. 213. Tit. 1. f. 34. Tit. 2. c. I. f. 28. Of a Rent § 6. There were three kinds of rent, known to the common law; namely, rent-service, rent-charge, and rent-feck. Where a tenant holds his land by fealty and certain rent, it is a rent-fervice: and this was the only kind of rent, originally known to the common law; a right of distress was infeparably incident to it, as long as it was payable to the lord, who was entitled to the fealty; and it was called a rent-fervice, because it was given as a compenfation for the military or other fervices, to which the land was originally liable. § 7. We have seen that, in confequence of the ftatute of quia emptores, if a perfon makes a feoffment in fee, or gift in tail, with a limitation over in fee, the feoffee or grantee will hold of the fuperior lord by the fame fervices, which the feoffor was bound to perform to him. It follows, that, upon conveyances of this kind, no rent-fervice can be referved to the grantor, because he has no reverfion 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 referves to himself a rent, it will be a rent-fervice; because fealty and a power of distress are incident to fuch reverfion. § 8. Where a rent was granted out of lands by deed, the grantee had no power to diftrain for it; because there was no fealty annexed to fuch a grant. To remedy this inconvenience, an exprefs power of dif tress was inferted in grants of this kind; and it was then called a rent-charge, because the lands were charged with a distress. § 9. Rent. § 9. Rent-charges are of great antiquity, and were probably firft adopted for the purpofe of providing for younger children. They were confidered as contrary to the policy of the common law: for the tenant was thereby lefs able to perform the military fervices, 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 faid to be against common right. § 10. A rent, granted for equality of partition between coparceners, is called a rent-charge of common right; because the coparcener has given a valuable confideration for it. § 1. A rent, granted to a widow out of lands of 1 Inft. 169. which he was dowable, in lieu and fatisfaction of dower, may be diftrained for, upon the fame principle. So, of a rent granted in lieu of lands upon an exchange, Seck. § 12. A rent-feck, or barren rent, is, in effect, no- Of a Rent thing more than a rent, for the recovery of which no power of diftrefs is given, either by the rules of common law, or the agreement of the parties. of Rents. § 13. Although every fpecies of rent is comprifed Other Soits in the preceding divifions, yet there are some kinds of rents, which are known by particular names. Rents of affize are the certain eftablifhed rents of the freeholders and antient copyholders of feveral manors. Doug. R. 627 n. 1 Ínft. 143 b. n. 5. Vide Bradbury v. Wright, 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. § 14. A fee-farm rent is a perpetual rent, reserved on a conveyance of the fee-fimple. 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 obferved on this paffage, 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 fometimes confining the term of fee-farm to rents of a certain value probably arose, partly from the statute of Gloucester, which gives the ceffavit only where the rent amounts to one-fourth of the value of the land; and partly from its being not ufual, on grants in fee-farm, not to referve lefs than a third or fourth of fuch value. § 15. After the statute of quia emptores, grant. ing in fee-farm, except by the king, became imprac Dong.R.624. ticable; because the grantor parting with the fee is, by operation of that ftatute, without any rever, fion; and, without a reverfion, 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 inferted in in the conveyance for the grantor, his heirs and affigns, to diftrain for the rent when in arrear, and alfo a power to enter and receive the profits till all arrears fhall be paid, the rent is good as a rent-charge, but not as a fee-farm. § 17. A rent muft, in general, iffue out of lands or tenements of a corporeal nature, whereto the grantee of the rent may have recourse, to diftrain: and, therefore, a rent could not formerly be reserved out of an advowson in grofs, tithes, or other incorporeal hereditaments. § 18. Lord Chief Baron Gilbert fays, the reason Rents, 22. why a rent cannot iffue out of an incorporeal hereditament is, because every incorporeal right, till by age it was formed into a prescription, did originally rife by grant from the crown; and fuch grants feem 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 fuch incorporeal inheritances for rent, was esteemed contrary to the defign and purpose of fuch grants. The corporeal rights of the feud were trufted to the lord to create a dependancy, for the better service of the government. And, therefore, as he might hire them for the perfonal fervice and attendance of tenants, fo, for the fame reason, he may do it for his own profit, fince such profit makes him better able to serve the government. I Inft. 47 a. Gilb. 22. Į Inft. 47 a. 2 Roll. Ab. 446. pl. 7. Bro. Ab. Tit. Affife, pl. 2. Keilw. 161. § 19. There is, however, one exception to this rule. A rent may be referved upon a grant of an eftate in remainder or reverfion: for, though the grantee cannot diftrain during the continuance of the particular estate, yet there will be a remedy by distress, whenever the remainder or reverfion comes into pos feffion. § 20. A rent may be referved to the king out of incorporeal hereditament; becaufe, by his prerogative, he may diftrain all the lands of his leffees for fuch rent and, therefore, as he has a remedy, there is no reason that fuch a refervation fhould be void. § 21. Where a leafe is made of the vesture or herbage of land, a rent may be referved; because the leffor may come upon the land to diftrain the leffee's beafts feeding thereon. § 22. A rent cannot be referved out of a rent; and, therefore, if a perfon grants lands in tail rendering rent, and after, grants the rent for life, or in tail rendering rent, this is a void reservation, because it paffes as a rent-feck. And if A. has a rent-fervice or rentcharge, and grants it to another for term of life by deed indented, rendering to A. certain rent, the refervation is void; 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 ftatute 5 Geo. 3. c. 17., it is enacted, that leafes, made by ecclefiaftical perfons, of |