quoth remedy to set down self re valet si offense absit the benignity of the  law be such as when to preserve the principle and ground of law it deprive a  man of his remedy without his own fault it will rather put he in a better  degree and condition than in a worse for if it disable he to pursue his action  or to make his claim sometime it will give he the thing it self by operation  of law without any act of his own sometime it will give he a more beneficial  remedy and therefore if the heir of the seize which be in by dissent make a  lease for life the remainder for life unto the disseisee and the lessee for  life die now the franketenement be cast upon the disseisee by act in law and  thereby he be disable to bring his precipe to recover his right whereupon the  law judge he in his ancient right as strong as if it have be recover and  execute by action which operation of law be by a ancient term word of law call  a remitter but if there may be assign any default or laches in he either in  accept the free hold or in accept the interest that draw the free hold then  the law deny he any such benefit and therefore if the heir of the seize make a  lease for year the remainder in fee to the disseisee the disseisee be not  remit and yet the remainder be in he without his own knowledge or assent but  because the free hold be not cast upon he by act in law it be no remitter  quoth notam so if the heir of the seize feoff the disseisee and a stranger and  make he livery although the stranger die before any agreement or take of the  profit by the disseisee yet he be not remit because though a moiety be cast  upon he by survivor yet that be but justice accrescend and it be no cast of  the freehold upon he by act in law but he be still as a immediate purchaser  and therefore no remitter so if the husband be seize in the right of his wife  and discontinue and die and the feme take another husband who take a feoff  from the discontinuee to he and his wife the same be not remit and the reason  be because she be once sole and so a laches in her for not pursue her right  but if the feoff take back have be to the first husband and her self she have  be remit yet if the husband discontinue the land of the wife and the  discontinuee make a feoff to the use of the husband and wife she be not remit  but that be upon a special reason upon the letter of the statute of h of use  that wish that the beneficiary and use shall have the possession in quality  and degree as he have the use but that hold place only upon the first vest of  the use for when the use be absolute execute and vest then it do ensue mere  the nature of possession as if the discontinuee have make a feoff in fee to  the use of I S for life the remainder to the use of baron and feme and lessee  for life die now the feme be remit cause how above also if the heir of the  seize make a lease for life the remainder to the disseisee who charge the  remainder and the lessee for life die the disseisee be not remit and the  reason be his intermeddle with the wrongful remainder whereby he have affirm  the same to be in he and so accept it but if the heir of the seize have grant  a rend charge to the disseisee and afterward make a lease for life the  remainder to the disseisee and the lessee for life have die the disseisee have  be remit because there appear no assent or acceptance of any estate in the  freehold but only of a collateral charge so if the feme be seize and  intermarry with the seize who make a lease for life render rend and die leave  a son by the same feme and the son accept the rend of the lessee for life and  then the feme die and the lessee for life die the son be not remit yet the  franketenement be cast upon he by act in law but because he have agree to be  in the tortuous reversion by acceptance of the rend therefore no remitter so  if tenant entail discontinue and the discontinuee make a lease for life the  remainder to semble incest tale l mean Le lie dene contrary light pl m Condic  h dyer Edward h pl the issue entail be within age and at full age the lessee  for life surrender to the issue entail and tenant entail die and lessee for  life die yet the same issue be not remit and yet if the issue have accept a  feoff within age and have continue the take of the profit when he come of full  age and then the tenant entail have die notwithstanding his take of the profit  he have be remit for that which guide the remitter be if he be once in of the  free hold without any laches as if the heir of the seize feoff the heir of the  disseisee who die and it descend to a second heir upon who the frank tenement  be cast by dissent who enter and take the profit and then the disseisee die  this be a remitter cause how above also if tenant entail discontinue for life  and take a surrender of the leasee now he be remit and seize again by force of  the tail and yet he come in by his own act but this case differ from all other  case because the discontinuance be but particular at first and the new gain  reversion be but by intendment and necessity of law and therefore be but as it  be ab beginning with a limitation to determine whensoever the particular  discontinuance end and the state come back to the ancient right to proceed  from case of remitter which be a great branch of this rule to other case if  executor do redeem good pledge by their testator with their own money the law  do convert so much good as do amount to the valve of that they hide forth to  themselves in property and upon a plea of full administer it shall be allow  the reason be because it may he matter of necessity for the well administer of  the good of the testator and execute their trust that they disburse money of  their own for else perhaps the good will be forfeit and he that have they in  pledge will not accept other good but money and so it be a liberty which the  law give they and they can have any suit against themselves and therefore the  law give they leave to retain so much good by way of allowance and if their be  two executor and one of they pay the money he may likewise retain against his  companion if he have notice thereof but if there be a overplus of good above  the valve of that he shall disburse then ought he by his chime to determine  what good he do elect to have in valve or else before such election if his  companion do sell all the good he have no remedy but in spiritual court for to  say he shall be tenant in common with himself and his companion pro rata of  that he do lie out the law do reject that course for intricateness so if I  have a lease for year worth l by light pl h pl die Elizabeth pl the year and  grant unto I d a rend of l a year and late make he my executor now I d shall  be charge with asset ten pound only and the other ten pound shall be allow and  consider to he and the reason be because the not refuse shall be account no  laches unto he because a executorship be pium duty and matter of conscience  and trust and not like a purchase to a man own use like law it be where the  debtor make the debtee his executor the debt shall be consider in the asset  notwithstanding it be a thing in action so if I have a rend charge and grant  that upon condition now though the condition be break the grantee estate be  not defeat till I have make my claim but if after such grant my father  purchase the land and it descend to I now if the condition be break the rend  cease without claim but if I have purchase the land my self then I have  extinct I own condition because I have disable my self to make my claim and  yet a condition collateral be not suspend by take back a estate as if I make a  feoff in fee upon condition that I S shall marry my daughter and take a lease  for life from my feoff if the feoff break the condition I may claim to hold in  by my feesimple but the case of the charge be otherwise for it I have a rend  charge issue out of acre and grant the rend over upon condition and purchase  but one acre the whole condition be extinct and the possibility of the rend by  reason of the condition be as full destroy as if there have be no rend in be  so if the king grant to I the wardship of I S the son and heir of I S when it  fall because a action of covenant lie not against the king I shall have the  thing my self in interest but if I let land to I S render a rend with a  condition of reentry and I S be attaint whereby the lease come to the king now  the demand upon this land be go which shall give I benefit of reentry and yet  I shall not have it reduce without demand and the reason of difference be  because my condition in this case be not take away in right but only suspend  by the privilege of the possession for if the king grant the lease over the  condition be revive as it be also if my tenant for life grant his estate to  the king now if I will grant my reversion over the king be not compellable to  atturne therefore it shall pass by grant by deed without atturnment h pl in  fine ass f Rec in volume h Cond h h Edward can light pl h per pol h  Fitzherbert bar h pl grant h Edward Fitzherbert Atturnments Edward die vide  contra e foe and per presentment deal feme l advowson be deveign  disimpropriate a tout jours quel be agree in Snr Cok Rep foe a so if my tenant  for life be and I grant my reversion per auter vie and the grantee die live  cei and vie now the privity between tenant for life and I be not restore and I  have no tenant in be to atturne therefore I may pass my reversion without  atturnment quoth notam so if I have a nomination to a church and another have  the presentation and the presentation come to the king now because the king  can be attendant my nomination be turn to a absolute patronage so if a man be  seize of a advowson and take a wife and after title of dower give her join in  impropriating the church and die now because the feme can have the turn  because of the perpetual incumbency she shall have all the turn dare her life  for it shall not be disimpropriated to the benefit of the heir contrary to the  grant of tenant in feesimple but if a man grant the three presentment to I S  and his heir and impropriate the advowson now the grauntee be without remedy  for he take his grant subject to that mischief at first and therefore it be  his laches and therefore not like the case of the dower and this grant of the  three avoidance be not like third pars legal support or center point  legal support upon a tenancy in common of the advowson for if two tenant in  common be and a usurpation be have against they and the usurper do impropriate  and one of the tenant in common do release and the other bring his writ of  right de center point legal support and recover now I take the law to be that  because tenant in common ought to join in presentment which can now be he  shall have the whole patronage for neither can there be a apportionment that  he shall present all the turn and his incumbent but to have a moiety of the  profit nor yet the act of impropriation shall not be defeat but as if two  tenant in common be of a ward and they join in a writ of right of ward and one  release the other shall recover the entire ward because it can be divide so  shall it be in the other case though it be a inheritance and though he bring  his action alone as if a seize be seize and the first disseisee release to the  second dissseisor upon condition and a descent be call and the condition break  now the mean seize who right be revive shall enter notwithstanding this  descent because his right be take away by the act of a stranger but if I  devise land by the statute of h and the heir of the devisor enter and make a  feoff in fee and the feoff die seize this descent bind and there shall not be  a Edward Le contrary suit resolu in Martin trot case pa Elizabeth in come banc  pa throw ib vide r to know fac e per Finchden perpetual liberty of entry upon  the reason that he never have seison whereupon he may ground his action but he  be at a mischief by his own laches and like law be of the king pattentee for I  see no reasonable difference between they and he in the remainder which be  Littleton case but note that the law by operation and matter in fact will  never countervail and supply a title ground upon a matter of record and  therefore if I be entitle unto a writ of error and the land descend unto I I  shall never be remit no more shall I be unto a attaint except I may also have  a writ of right so if upon my avowry for service my tenant disclaim where I  may have a Writ of right as upon disclaimer if the land after descend to I I I  shall never be remit