Diversity between a confirmation of an estate, and a confirmation of a deed. 33 E. 3. Confirm. 22. firmation of the king, who is founder and patron of all bishopricks (o). And note a diversity between a confirmation of an estate, and a confirmation of a deed; for if the disseisor make a charter of feoffment to A. with a letter of attorney, and before livery the disseisee confirm the estate of A. or the deed made to A., this is clearly void, though livery be made after. But if a bishop had made a charter of feoffment with a letter of attorney, and the dean and chapter before livery confirm the deed, this is a good confirmation, and livery made afterwards is good. And so it hath been adjudged. The like law is of a confirmation of a deed of grant of a reversion before attornment. In the same manner it is if a bishop at the common law had granted lands to the king in fee by deed, and the dean and chapter by their deed confirm the deed of the bishop, and after the deed of the bishop is inrolled, this is good, albeit the confirmation of the dean and chapter be not en rolled; for the assent upon the matter is made to the bishop. But this confirmation that Littleton here speaketh of, must be made in the life, and during the incumbency of the parson; and so in the life of the bishop, or of any other sole corporation. But it is to be known, that grants made by parsons, prebends, vicars, bishops, master and fellows of any college, dean and chapter, master or guardian of any hospital, or any having any spiritual or ecclesiastical living, are restrained by (f) divers acts of parliament, so as they cannot grant any rent-charge, or to make any alienation, or to make Vid. sect. 593 & 648. any leases other than such as are mentioned in those acts, which you may read at large, and the exposition upon same, in my (*) Commentaries. (f) 13 Eliz. cap. 10. 1 Eliz. cap. 19. 18 Eliz. cap. 11. 1 Jac. cap. 3. (*) Lib. 2. fol. 46. Lib. 4. 76 & 120. Lib. 5. 9. 6. 14. Lib. 6. 37. Lib. 7. 8. Lib. 11. 67. LITTLETON. the ALSO, if there be a perpetual chauntry, wherewith the [Sect. 530. 301a.] ordinary hath nothing to do or meddle; quære, if the patron (0) With respect to the confirmation of leases made by ecclesiastical persons, see ante, p. 428, and the notes there.-[Ed.] of the chuuntry, and the chaplain of the same chuuntry, may charge the chauntry with a rent-charge in perpetuity. 201a. Vid. Sect. 648. (Cro. Jac. 63.) (10 Rep. This is meant of a chauntry donative wherewith the ordinary hath not to deal, and by this grant, when Littleton wrote, the chauntry should have been charged for ever, because no other had any interest in this chauntry, *save only the patron and chauntry priest, and the grant is made concurrentibus hiis quæ in jure requiruntur. But since Littleton wrote, all, and all manner of free chapels and chauntries perpetual, whereof Littleton here speaks, are by (g) acts of parliament (g)37 H. 3. cap. 4 given to the crown, and the bodies politic thereof dissolved. See hereafter section 648. more at large of all this present section. ALSO, if a man letteth land for term of life, the which tenant for life charge the land with a rent in fee, and he in the reversion confirm the same grant, the charge is good enough and effectual. 1 E. 6. cap. 14. 301 a. Diversity herein where the determination of the rent is expressed in the deed, and when it is implied in law. 26 Ass. pl. 33. 45 Ass. Here is a diversity to be observed, where the determination of the rent is expressed in the deed, and when it is implied in law. For when tenant for life granteth a rent in fee, this by law is determined by his death; and yet a coufirmation of the grant by him in the reversion makes that grant good for pl. 13. Lib. 1. fol. 147. ever, without words of enlargement, or clause of distress, Anne Mayowe's case. (1 Rol. Abr. 483.) which would amount to a new grant. And yet if the tenant 14 Ass. pl. 14. for life had granted a rent to another and his heirs by express words, during the life of the grantor, and the lessor had confirmed that grant, that grant should determine by the death of tenant for life. Tenant for life upon condition grant a rent in fee, the lessor confirm the grant, and after the condition is broken, the lessor re-enter, he shall not avoid the grant. ALSO, if I be disseised, and I confirm the estate of the disseisor, he hath a good and rightful estate in fee-simple, albeit in the deed of confirmation no mention be made of his heirs, because he had a fee-simple at the time of the confirmation. For in such case if the disseisee confirm the state of LITTLETON. [Sect.519. 296b.] 4. Confirmation, how it shall enure. estate of the confirmee. seisee to disseisor of his On confirmation by dis- the disseisor, to have and to hold to him and his heirs of his estate, it enures in fee, body engendered, or to have and to hold to him for term of though without words his life, yet the disseisor hath a fee-simple, and is seised in of inheritance; (5 Rep. 81.) and although made in tail, or for life only; 296 b. 19 H. 6. 22. 6 E. 3. Confirm. 4. his demesne as of fee, because when his estate was confirmed, he had then a fee-simple, and such deed cannot change his estate, without entry (13) made upon him, &c. Here is the first case wherein the release and confirmation doth agree, viz. a confirmation to a disseisor in tail, or for any particular estate, is of the like force as a release to a disseisor, during such estate, which in both cases is good for ever. LITTLETON. or but for an hour. IN the same manner it is, if his estate be confirmed för [Sect. 520. 297 a.] term of a day, or for term of an honr, he hath a good estate in fee-simple, for this, that (14) his estate in fee-simple was once confirmed. Quia confirmare idem est, quòd firmum facere, &c. 297 a. 296 b. On confirmation to dis- 297 a. Diversity herein between the confirmation and that of an estate of Here is the second case wherein the release and confirmation do agree. The reason of this is, for that the disseisor hath a fee-simple; and therefore if his estate be confirmed but for an hour, it is good for ever, because (saith Littleton) confirmare idem est, quòd firmum facere. In the same manner it is, if the disseisor make a gift in tail, and the disseisee confirm the estate of the donee for the life of the donee, this confirmation enures to the whole estate tail; for a confirmation can make no fraction of any estate, to extend but to part of the estate only, Et sic de cæteris (r). Nota, a diversity between a bare assent without any right or interest, and an assent coupled with a right or interest; and of a term for years, therefore an attornment cannot be made for a time nor upon condition; but if the parson make a lease for a hundred years, Lib. 5. fol. 81. Forde's the patron and the ordinary may confirm fifty of the years, for they have an interest, and may charge in time of vacation. freeheld. case. (Ant. 274 a.) (Ante, 500 b.) (13) fait, not in L. and M. nor Rob. (14) son, not in L. and M. nor Roh. (P) See n. (Q) infra.—[ Ed.] And so if a disseisor make a lease for an hundred years, the disseisee may confirm parcel of those years; but then it must be by apt words, for he must not confirm the lease, or demise, or the estate of the lessee, for then the addition for parcel of the term should be repugnant when the whole was confirmed before, but the confirmation must be of the land for part of the term. So may the confirmation be of part of the land; as if it be of forty acres, he may confirm twenty, &c. So if tenant for life make a lease for an hundred years, the lessor may confirm either for part of the term, or for part of the land. But an estate of freehold cannot be confirmed for part of the estate, for that the estate is entire, and not several, as years be (g). (1 Rol. Abr. 412.) [Sect. 521. 297 a.] In respect of other per sons. On confirmation of the estate of the particular tenant, it does not ALSO, if my disseisor maketh a lease for life, the re- LITTLETON. mainder over in fee, if I release to the tenant for life, this shall enure to him in the remainder. But if I confirm the estate of the tenant for term of life, yet after his decease I may well enter, because (15) nothing is confirmed but the estate of the tenant for life, so that after his decease I may enter. But when I release all my right to the tenant for life, this shall release.) enure to him in the remainder or in the reversion, because all my right is gone by such release. Here is the third case wherein, the release and confirmation differ, for the confirmation to the tenant for life doth not enure to him in the remainder (R). (15) nul, added L. and M. and Roh. (Q) A confirmation to a disseisor of his estate for an hour passes the fee without the word "heirs," because the disseisor acquires by the disseisin a tortions fee-simple; and when that estate is assented to, the disseisee can never afterwards destroy it. And according to the old books,. if he confirm the estate, lease, demise, or term, of the lessee of the disseisor for some part of the years, he cannot defeat it during the whole term, because the whole interest of the lessee is confirmed; and the clause restricting it in point of time, after confirming it absolutely, must be rejected as repugnant. But if the land be confirmed for part of the term, the assent is but partial, and not to the whole estate, and therefore it cannot, contrary to the express words, be carried any further. Gilb. Ten. 76. However, in modern times, this distinction seems to have been exploded. See Plowden v. Cartwright, 1 Burr. 282. Earl of Derby v. Taylor, 1 East. 502. 2 Prest. Conv. 166. But an estate of freehold cannot be confirmed, though by express words, for part of that estate; for an estate of freehold is considered as integral and indivisible. It does not consist, like a term of years, of an aggregate or number of separate portions of time; but is, of itself, an intire and individual estate. Watk. Gilb. Ten. 76. 392. Shep. Touch. 317.-[Ed.] (R) If a man releases to tenant for life all his right, this enures to him in the remainder, because he parts with his whole; and he that has bu VOL. II. M M enure to the remainderman, (secus as to a 297 a. *297 b. On confirmation of the estate of one joint-tenant, it enures to both. (Ante, 52 a.) (Ante, 310a. 315a. 319a.) (1 Rol. Abr. 302.) (Sid. 83.) And so it is, when the several estates be in one person; as if the disseisor make a gift in tail, the remainder to the right heirs of tenant in tail; if the disseisee confirm the estate in tail, it shall not extend to the fee-simple, no more than if the disseisor had made a gift in tail, the remainder for life, the remainder to the right heirs of tenant in tail; this extendeth only to the estate tail, and not to the remainder for life, nor to the remainder in fee. But if the disseisor make a lease for life to A. and B., and the disseisee confirm the estate of A., B. shall take advantage thereof; for the estate of A. which was confirmed was joint with B., and in that case the disseisee shall not enter into the land, and devest the moiety of B. If the disseisor infeoffs A. and B. and the heirs of B., if the disseisee confirm the estate of B. for his life, this shall not only extend to his companion, as hath been said, but to his whole fee-simple, because to many purposes he had the (1 Cro. 321.) (Ante, whole fee-simple in him, and the confirmation shall be taken 182.) most strong against him that made it. (Ante, 202 a.) Tenant in tail discontinueth in fee, and dieth, the discontinuee make a lease for life, and granteth the reversion to the issue, he shall not have a formedon against tenant for life; for by his formedon he must recover the estate of inheritance, and the lessee for life hath not the inheritance, but the issue in tail himself hath it. If feoffee upon condition make a lease for life, or a gift in tail, and the feoffor release the condition to the feoffee, he shall not enter upon the lessee or donee, because he cannot regain his ancient estate. If the feoffee upon condition make a lease for life, the remainder in fee, if the feoffor release the condition to the an estate for life by the feudal conveyance, cannot have the whole fee, as is said; but if a man confirm the estate for life, it is an approbation and assent to that estate only, and therefore the assent being no farther than to the estate for life, it cannot be carried to strengthen the remainder: but if he had confirmed the remainder, that had confirmed the estate for life by implication, because the remainder cannot be without the particular estate to support it, and the confirmation of the remainder must imply an assent to all means necessary to support it. Gilb. Ten. 76, 77.—[EA] |