Roe v. for twenty years together; thinking, according to the opinion of Lord Hale in his younger years (who was then counsel) that the devise was void for one moiety. Now, the mistake being difcovered, the heir of the grandson brought an ejectment against the heir of the other coparcener; and, upon a special verdict found, it was objected in his behalf, that the devife was void as to one moiety, but, this being over-ruled, it was then objected that the bringing of this ejectment against the heir of the coparcener, for this moiety, admitted the plaintiff to be out of poffeffion for twenty years; and then he was barred by the ftatute of limitations. The court, however, laid it down, that the ftatute of limitations never runs against a man, but where he is actually oufted or diffeifed: and true it is, one tenant in common may diffeise another; but then it must be done by actual diffeifin, and not by bare perception of the profits only. § 33. In ejectment, a verdict was found for the plaintiff, subject to the opinion of the court, whether the plaintiff's right of recovery was not barred by the ftatute of limitations. The leffors of the plaintiff, who were lords of the manor of Beddington in Surry, fought to recover the It was contended that the grandfon took one moiety by defcent.-Vide 1 Salk. 242. lands, lands, as parcel of the manor, against the defendant; who was rector of the parish, and claimed them as parcel of the rectorial glebe. The lords of the manor had a right of presentation to the rectory, and were also entitled to a portion of the tithes. At various times, there had been a mutual exchange of lands and tithes, between the lords of the manor and the rectors which had given rife to much confufion concerning their respective rights. To prove poffeffion in the leffors of the plaintiff, a deed was produced, dated in 1703, by which the then lord of the manor demised to the rector the lands in queftion, for forty years, referving a certain rent: and the rector covenanted with the leffor, that he and his heirs should have the tithe of oats of the parish. The rectors continued to hold the poffeffion after the expiration of the lease, but withheld the rents for upwards of twenty years, and the lords of the manor continued to take the tithe of oats. The court was of opinion, that poffibly, at the time when the rent was withheld, it was agreed between the then rector and the lord of the manor, that, if the latter were permitted to receive the tithe, as before, the former should be permitted to retain the land demised; and, therefore, that the poffeffion of the land by the rector was not adverse, so as to let in the operation of the statute of limitations. $ 34. With refpect to the perfons and eftates, to To what which the statutes of limitation extend; all natural Perfons and Estates these perfons, and all eftates in land, whether freehold or Statutes ex for tend. 2 Inft. 95. Gilb. Ten. 178. 172. for years, are within them; and alfo customary rents, of which feifin is the proper proof, and fuit and fervice. $ 35. The ftatutes of limitation extend to copyhold 3 Term Rep. eftates; for these acts were made for the prefervation of public quiet, and no ways tend to the prejudice of the lord or tenant. And actions concerning copyholds are as fully and plainly within the words of thefe acts, as any other actions; and fo there is no reafon to exclude them from the meaning. 6 Bro. Par. Ca. 146. Nullum Lee v. Norris, Cro. Eliz.331. 59. § 36. Offices are held to be within the meaning of the statutes of limitation; and, in the late contest for the office of Lord Great Chamberlain, all the Judges were of opinion, that the right of Lord Percy, and also that of the Dutchefs of Athol, to that office, were barred by the ftatutes of limitation. $ 37. It has been stated, that, by the common law, no prescription could be maintained against the king; nor was he bound by the ftatute 32 Hen. 8. And this privilege extended to his leffee: as, where A. had a leafe for ninety-nine years from the crown, and was out of poffeffion for more than twenty years; yet he recovered in ejectment: for A.'s poffeffion was that of the king, against whom the want of poffeffion could not legally be objected. § 38. By the ftatute 21 Jac. 1. c. 2. it was enacted, that a quiet and uninterrupted enjoyment, for fixty years before the paffing of that act, of any eftate originally originally derived from the crown, fhould bar the crown from any right or fuit to recover fuch estate, under pretence of any flaw in the grant, or other defect of title. § 39. This act, at the time it was made, fecured the rights of fuch, as could prove a poffeffion of fixty years; but, from its very nature was continually diminishing in its effect, and departing from its principle: fo that fome new law became every day more neceffary, to secure the poffeffions of the fubject from the claims of the crown. It was therefore enacted, by the statute 9 Geo. 3. c. 16. "That the king's ma-. jefty, his heirs or fucceffors, fhall not at any time hereafter fue, impeach, queftion, or implead any "perfon or perfons, bodies politic or corporate, "for or in any wife concerning any manors, lands, "tenements, rents, tithes, or hereditaments whatfo"ever, (other than liberties or franchises), or for or "in any wife concerning the revenues, iffues, or 66 profits thereof, or make any title, claim, challenge, <c or demand, for or into the fame, by reason of any " right or title, which hath not first accrued and પ grown, or which shall not hereafter first accrue and grow, within the space of fixty years next before "the filing, iffuing, or commencing of every such "action, bill, plaint, information, commiffion, or "other fuit or proceeding, as fhall at any time or "times hereafter be filed, iffued, or commenced, or "recovering the fame or in refpect thereof; unless "his majefty, or fome of his progenitors, prede"ceffors, or ancestors, heirs, or fucceffors, or fome "other What Perfons and Estates "other person or perfons, bodies politic or corporate, "under whom his majefty, his heirs or fucceffors, 66 any thing hath or lawfully claimeth, or fhall have ❝or lawfully claim, have or fhall have been answered "by force and virtue of any fuch right or title to the "fame rents, revenues, iffues and profits thereof, or "the rents, iffues, and profits of any honor, manor, "or other hereditaments, whereof the premises in "question fhall be part or parcel, within the space of "fixty years; or that the fame have or fhall have "been duly in charge to his majesty or fome of his "progenitors, predeceffors, or ancestors, heirs, or "fucceffors, or have or fhall have stood infuper of "record, within the faid fpace of fixty years." $ 40. There are feveral perfons and estates, not are not within comprehended within the ftatutes of limitation; and thefe Statutes. which, therefore, are not affected by being out of poffeffion for any indefinite time. Ecclefiaftical Magdalen § 41. Ecclefiaftical corporations, and, generally, Corporations. all ecclefiaftical perfons who are feised in right of their churches, and have not an abfolute estate in their poffeffions, being reftrained from alienation by several positive statutes, are not bound by any of the statutes of limitation; and, therefore, cannot bar their fucceffors by neglecting to bring actions for the recovery of their poffeffions, within the time prescribed by those statutes and this agrees with the principles Lib. 5. c. 29. of old law, as laid down by Bracton.-Illud enim, ut L. 3. videtur obfervari, deberet de jure et feodo ecclefia, fi rector clameum non oppofuerit, quod ecclefiæ non praju Tit. 35. dicatur, |