butler against RUDDISLEY in a trespass the defendant plead the freehold of  Edward Devereux and so justify as his bailiff without say at his commandment  the plaintiff reply that the say Edward be seize in fee and make a lease to he  by virtue whereof he be possess without boo that the lessor make the defendant  his bailiff post dimmissionem and hereupon the defendant demurrer crook by  this lease a freehold passes to the plaintiff and then the plaintiff traverse  be nought for he have now traverse that the defendant be bailiff whereas he  ought to traverse the freehold in the lessor for that will have destroy the  justification of the defendant and to prove that the freehold do pass he cite  the case of Littleton where if a lease be make to the husband and wife during  coverture they be jointtenants for life so in the h a lease to a woman dumb  sola to live and Edward a grant to a man till he be promote to such a benefice  or dumb modus see bene to bear about all these be freehold and it be clear  that a tenant at will can assign over and also a estate at will be a estate at  the will of both party but here it be at the will of the lessor only when be  will make a bailiff Haughton wear down a estate at will do pass and not a  freehold for here he have not plead that livery be make and livery shall not  be intend in this case unless it be special allege but if livery have be make  then be agree that a freehold conditional have pass and for the plead of a  livery be take a difference that where a express estate either in fee or for  life be plead there livery shall be intend but where a freehold passes by  implication or operation of law and not by express word there livery ought to  be plead as a lease to one for year the remainder to another for life there  livery ought to be plead so in the Assi if a man plead a feoff and livery  within the view he must plead livery within the view express and so upon grant  of a reversion attornment ought to be plead and whereas it be say that it can  be a estate by will because it be not the will of both party Vid Edward and  Edward but gawdy and Fenner deny the diversity put by Haughton fox in plead of  a estate for life all necessary circumstance in plead shall be intend and so  it be agree that a estate for life shall pass for livery shall be intend say  adjournatur Owen pasch Elizabeth