* 322 b. 322b. 15 H. 7. 12. 19 H. 8. 4. another by his testament, habendum sibi in perpetuum, and dieth, and the devisee enter, he hath a fee-simple, causâ quâ supra; (61) yet (62) if a deed of feoffment had been (63) made to him by the devisor of the same tenements, habendum sibi in perpetuum, and livery of seisin were made upon this, he should have an estate but for term of his life. "For if a man deviseth such tenements to another, &c." 22 E. 3. 16. 34 H. 6. 7. Here Littleton putteth a case where the intent of the testator shall be taken, viz. where a man by devise shall have a fee-simple without these words (heirs); and here Littleton putteth the diversity between a will and a feoffment. Vide Sect. 167. (i Rol. Abr. 293.) cap. 15. Britt. fol. 78. LITTLETON. 8. Of attornment to estates by disseisin, &c. Now by the statutes of 32 & 34 H. 8. (as hath been said in the Chapter of Burgage) lands, tenements, and hereditaments, are devisable, as by the said acts do appear. Both this and the precedent case stand upon one and the same reason, which Littleton here yieldeth, viz. because that the will of the devisor expressed by his testament shall be performed according to the intent of the devisor; and it shall not lie in the power of the tenant or lessee to frustrate the will of the devisor by denying his attornment. Here Littleton mentioneth a maxim of the common law, viz. Quod ultima voluntas testatoris est perimplenda secundum verum intentionem suam: and, Reipublicæ interest suprema hominum testamenta rata haberi (N 1). ALSO, if a man be seised of a manor which is parcel in [Sect.587. 322 b.] demesne and parcel in service, and is thereof disseised, but the tenants which hold of the manor do never attorn (64) to the disseisor; in this case, albeit the disseisor dieth seised, and his heir is in by descent, &c. yet may the disseisee distrain for the rent behind, and have the services, &c. But if the tenants come to the disseisor and say, We become your tenants, &c. or (61) et, added in L. and M. and Roh. (62) si-le, L. and M. and Roh. (63) ust este-fuit, L. and M. (64) a lede le, L. and M. and Roh. (N 1)With respect to those cases in which attornment was not requisite, it may be further observed, that where the grant was in the personalty, there needed no attornment. And therefore in grants of annuities, which charge the person of the grantor only, and not his land, attornient was unnecessary. And in all cases where there was an attornment in law, there needed no attornment in deed. Ante, 312 b. p. 370, 371. Sheph. Touch. 258.-[Ed.] make to him some other attornment, &c. and after the disseisor dieth seised, then the disseisee cannot distrain for the rent, &c. for that all the manor descendeth to the heir of the disseisor, &c. Littleton having spoken of estates gained by lawful conveyances, doth now speak of estates gained by wrong; and here putteth a case of a disseisin of a manor, where it appeareth, that the disseisor cannot disseise the lord of the rents or services without the attornment of the tenants to the disseisor; for seeing an attornment is requisite to a feoffment and other lawful conveyances, à fortiori, a disseisor or other wrong-doer shall not gain them without attornment. The like law is of an abator and intruder. But albeit the disseisor hath once gotten the attornment of the tenants and payment of their rents, yet may they refuse afterwards for avoiding of their double charge (o 1). and the And here the attornment of the tenant of a manor to a disseisor of the demesnes shall dispossess the lord of the rents and services parcel of the manor, because both demesnes, rents, and services, make but one entire manor, demesnes are the principal; but otherwise it is and services in gross, as in this next section our author teacheth us. of rents BUT if one holdeth of me by rent-service, which is a service in gross (65), and not by reason of my manor, and an (65) et nient per reason de mon mannor, not in L. and M. nor Roh. (O 1) Where a man was disseised of the demesnes of his manor, the services yet remained in him, because the right to the services, by the feudal contract, was not devested out of him by the wrongful possession of the demesnes of his manor; but as all the feudal services were to be done in support of the manor, the knight-services being the attendances of such tenants in the general defence of the realm, embodied under the lord of the demesnes, who carried provisions to subsist them; and the socage services were the actual ploughing of the demesnes of the lord; therefore if the tenants attorned to a disseisor, it put him into the possession of such services, as accessory and belonging to the demesnes of the manor; and if the disseisor died seised of such demesnes as the principal after attornment, then the disseisce could not distrain for the accessory right of the services: but though the tenants did attorn to the disscisor, yet they might afterwards refuse, to avoid the double charge, since this did not take away the right of the disseisee, either to enter into the demesnes, or distrain for the services; for till the right of possession was gained by a descent, the discontinuce might recontinue which part of the manor he pleased. Gilb. Ten. 105, 106. Watk. Desc. 61. Ld. Raym. 862. Hal. Hist. 107.-[Ed.] 322b. (6 Rep, 69 a.) *323 a. 6 H. 7. 14. 11 H. 7, 28. 11 H. 4. 14 a. b. (Cro. Car. 305. Ant. 180.) Attornment to a dis- LITTLETON. Secus in the case of other that hath no right, (66) claimeth the rent, (67) and receives and taketh the same rent of my tenant by coercion of distress, or by other form, and disseiseth me by such taking of the rent; albeit such disseisor dieth so seised in taking of the rent, yet after his death I may well distrain the tenant for the rent which was behind before the (68) decease of the And the cause is, for that such disseisor is not my disseisor but at my election and will. For albeit he taketh the rent of my tenant, &c. yet I may at all times distrain my tenant for the rent behind (69), so as it is to me, but as if I will suffer the tenant to be so long time behind (70) in payment of the same rent unto &c. (Akt. 189 b. 2 Siderf. disseisor, and also after his decease. 75.) LITTLETON. FOR the payment of my tenant to another to whom he [Sect. 589. 323a.] ought not to pay, is no disseisin to me, nor shall oust me of my (3 Rep. 77.) *823 b. [COKE, 323b.] (Post, sect. 541.) 823 a. rent, without my will (71) and election, &c. For although I may have an assise against such pernor, yet this is at my elec*tion, whether I will take him as my disseisor or no. So such descents of rents in gross shall not oust the lord of his distress, but at any time he may well distrain for the rent behind, &c. And in this case if after the distress of him which so wrongfully took the rent, I grant by my deed the service to another, and the tenant attorn, this is good enough, and the services by such grant and attornment are presently in the grantec, &c. (This also proveth, that the right owner is not out of possession, and that this grant over is a demonstration of his election that he is in possession.) But otherwise it is where the rent is parcel of a manor, and the disseisor dieth seised of the whole manor, as in the case next before is said, &c. Here Littleton putteth a diversity between a rent-service (2 Rep. 37. 9 Rep. 51. parcel of a manor, whereof he had spoken before, and a itob. 322.) rent-service in gross. For a man cannot be disseised of a rent-service in gross, rent-charge, or rent-seck, by attornment or payment of the rent to a stranger, but at his election; for (66) claima-claimant mesme, L. and M. and Roh. (67) et receive-a receiver, L. and M. and Roh. (68) decease-distress, L. and M. and Roh. (69) &c. added in L. and M. and Roh. (70) pur-de, L. and M. and Roh. (71) et-ou sans, L. and M. and Rob. the rule of law is, Nemo redditum alterius invito domino percipere aut possidere potest; and our author teacheth (*) us what be disseisins of rent-services, rent-charges, and rentsecks, and payment to a stranger is none of them, but at the lord's election, as our author here saith. () Vid. Post, Sect. 237, 238, 239, 240. (Cro. Car. 303.) But if the disseisee 24 E. 3. 4. 1 E. 5. 5. "Pernor," i. e. the taker of my rent. bring an assise against such a pernor, then he doth admit there following in the himself out of possession. "Descents." A descent of a rent in gross bindeth not the right owner but that he may distrain, albeit he admitted himself out of possession, and determined his election, as by bringing of an assise, &c. If the tenant of the land pay the rent to à stranger which hath no right thereunto, and the right owner release to him, this release is good, because he thereby admitted himself to be out of possession. But if the tenant had given him any thing in name of attornment, and the right owner had released to him, this release had been void, because an attornment only can be no disseisin of the rent. ALSO, if I be seised of a manor, parcel in demesne, aud parcel in service, and I give certain acres of the land, parcel of the demesne of the same manor, to *another in tail, yielding to me and to my heirs certain rent, &c. if in this case I be disseised of the manor, and all the tenants attorn and pay their rents to the disseisor, and also the said tenant in tail pay the rent by me reserved, to the disseisor, and after the disseisor dieth seised, (72) &c. and his heir enter, and is in by descent, yet in this case I may well distrain the tenant in tail, and his heirs, for the rent by me reserved upon the gift, scilicet, as well for the rent being behind before the descent to the heir of the disseisor, as also for the rent which happeneth to be behind after the same descent, notwithstanding such dying seised of the disseisor, &c. And the reason is, for that when a man giveth lands (73) in tail, saving the reversion to himself, and he upon the said gift reserveth to him (72) &c. not in L. and M. nor Roh. (73) a un auter, added in L. and M. and Roh. next paragraph. (8 Rep. 89.) LITTLETON. [Sect.591.*324 b.] 324b. (Cro. Car. 303. 1 Rol. self a rent or other services, all the rent and services are incident to the reversion; and when a man hath a reversion he cannot be ousted of his reversion by the act of a stranger, unless that the tenant be ousted of his estate and possession, &c. For as long (74) as the tenant in tail and his heirs continue their possession by force of my gift, so long is the reversion in me and in my heirs; and inasmuch as the rent and services reserved upon such gift be incident and depending upon the reversion, whosoever hath the reversion shall have the same rent and services, &c. *IN the same manner is it, where I let parcel of the demesnes of the manor to another for term of life, or for term of years, rendering to me a certain rent, &c. albeit I be disseised of the manor, &c. and the disseisor die seised, (75) &c.and his heir (76) be in by descent, yet I may distrain for the rent arere ut supra, notwithstanding such descent; for when a man hath made such a gift in tail, or such a lease for life, or for years, of parcel of the demesnes of a manor, &c. saving the reversion to such donor or lessor, &c. and after he is disseised of the manor, &c. such reversion after such disseisin is severed from the manor in deed, though it be not severed in right (77). And so thou mayst see (my son) a diversity, where there is a manor parcel in demesne and parcel in services, which services are parcel of the same manor not incident to any reversion, &c. and where they are incident to the reversion, &c. Here Littleton putteth a diversity between rents and services parcel of a manor (whereof he had spoken before) and rents and services incident to a reversion parcel of a manor. And the reason of this diversity is, for that as long as the donee in tail, lessee for life, or lessee for years, are in possession, they preserve the reversion in the donoror lessor (P 1); (74) en ceo cas, added in L. and M. and Roh. (75) &c. not in L. and M. (76) esteant, not in L. and M. nor Roh. (77) &c. added in L. and M. and Roh. (P1) A man could not be disseised of a reversion, while his tenant remained in possession; for though the tenant attorned to some other person, that would not put him out of possession of his reversion, because the right being in him, it could not be transferred to any body else, but by |