coke a ASCOUGHS case mich James I in the court of ware a remainder in tail or  for life expectant upon a estate for life or in tail shall never suspend a  mesnalty seignory rend c it be find by office after the death of William  ascough Esq that sir Edward ascough father of the say William be seize in  feetail of the manor of darcy and of the manor of Selby in Stallingborough in  the county of Lincoln the remainder to a dyer pl Dall in kelw b a Dall in ash  pl Dall pl pl Styl more Anders   light b Benl in Kel Benl in ash n Benl pl   a  palm above in a b   b   b c   b   a d dyer pl   b keb coke report b er p  Francis his brother in tail the remainder to the say sir Edward in fee and  that the say William ascough be seize in fee of a house acre and a half of  land acre of meadow and two acre and a half of pasture in Stallingborough  aforesaid and hold they of the say sir Edward ascough as of his manor of darcy  send per queen the condition of a slave a swearer ignorant and that the say  William be also seize in fee of a house and acre of land c in Owreshy in the  say county and hold they of sir Thomas mounson as of his manor of Owreshy in  the same county and afterward upon the marriage of William with Katherine the  daughter of William Heneage the say sir Edward and Francis levy a fine of the  say manor to the use follow videlicet of some part in certain of the manor of  darcy and of some part in certain of the manor of Selby to the use of William  and Katherine for their life and to the heir male of the body of the say  William the remainder to the say sir Edward in tail with other remainder in  tail coke b the remainder to sir Edward in fee and for the residue of the say  manor to the use of sir Edward for the term of his life and afterward to the  use of the say William and to the heir male of his body with diverse remainder  over in tail the remainder to the right heir of the say sir Edward and  afterward the say William die as aforesaid seize Edward ascough his son then  be within age and that the say manor of darcy and Selby be hold of the king by  knight service in capite and that sir Edward ascough the father William and  Katherine be yet alive and the sole point in this case be short such the king  lord mesne who hold by knight service in capite tenant paravail in socage the  mesne grant the mesnalty to the use of himself for life and afterward to the  use of the tenant paravail in tail if in this case the mesnalty be suspend  during the life of the mesne by force of this remainder in tail and it be  resolve that a remainder in tail or for life expectant upon a estate for life  or in tail shall never suspend a mesnalty signiory rend c for although the  remainder vest immediate yet it can suspend the present freehold of the rend  during the life of the first tenant for life because the tenant for life be  tenant to the lord or to he in reversion as long as he life and he shall do  the service and the avowry shall be make upon he for he be the very tenant by  the manor and during his life the heir of he in the remainder in tail shall  not be in ware c and as a signiory rend c can be suspend in part and in be for  part in respect of the land out of which it be issue so a signiory rend c can  be suspend in remainder and in be for a particular estate in possession a for  then a fraction of estate will ensue and particular estate will be create  without donor or lessors against the rule and maxim of the law but in this  case aforesaid if the mesne grant his mesnalty to one for life or in tail the  remainder to the tenant paravail in fee there the mesnalty be extinct because  he have as high a estate in the inheritance of the mesnalty as he have in the  tenancy and there be not any possibility of revive the mesnalty and in the  same case the mesnalty be not extinct for the inheritance and in be for the  particular estate for life or in tail in possession but the mesnalty by the  remainder in fee be extinct in the whole for otherwise in the same case this  absurdity will ensue see that there will be a feesimple of the tenancy  paravail and also a feesimple of the signiory coke a paramount and but a  estate for life or in tail of the mesnalty only and so a tenancy in feesimple  will be only hold of a mesnalty for life or in tail and a signiory in fee will  he issue out of a mesnalty for life or in tail only which be impossible and by  no mean can be vide h e notam reader I conceive that if the lord grant his  signiory for year the remainder to the tenant paravail for life in this case  the signiory be suspend because the a S p cro Elizabeth send for as to a  signiory or rend service but contra as to a rend charge Vid etian   light send  for with cro Elizabeth but then in these case there be a feesimple in  reversion or remainder either of the rend or land in the same person who have  a feesimple in possession of the other so that the rend be in be during the  particular estate and extinct as to the inheritance so that it seem coke be to  be understand of a rend service only or else he be wrong note in sergeant hill  copy Vid note b Rawlyns case   a a   coke report b er p tenant for life have  the freehold of the signiory and he be tenant to every prcipe of the signiory  as in the case of light lib c Attorn f if b land be lease to a man for term of  year the remainder to another for term of life and afterward the lessor grant  over the reversion and he in the remainder for life attorns it be a good  attornment and shall bind the lessee for year without any attornment make by  he for he be tenant of the freehold and at the commonlaw the termor for year  be subject and under the power of the tenant of the freehold for he shall not  a falsify a recovery at the commonlaw against the tenant of the freehold  because he have but a chattel and where it be say in this case that the  signiory can be suspend in part and in be for part as it be hold in h title b  extinguishment Br that be regular true but to have hc regulan more fallentias  all which may be well explain with this difference between the act of the  party and act in law or the act of a three party for by act of the party be it  rightful or wrongful the whole signiory c be suspend and therefore if the lord  or lessor seize or c ousts the tenant or lessee of any part the whole be  suspend as it be hold in e cessavit h a h avowry d e a h b e h aforesaid and  the book in e a be misprint for there it be say quod to be deny by all where  it shall be quod to be concession by all the justice vide e the law be the  same if the f lord take a lease of any part of the tenancy the whole signiory  be suspend as it be resolve in h before so if a commoner take a lease of any  part of the land in which c the whole common be suspend and therewith agree h  a b but in the case of h rend service if the lord purchase part of the tenancy  in fee part be extinct and in be for the residue now for the other part of the  difference by act in law a signiory may be suspend in part and in be for part  and therefore I if the lord seize wardship of the land of his tenant by knight  service now the signiory be suspend but if the guardian endow the wife of the  tenant of the three part of the tenancy now the three part of the signiory be  revive and the tenant in coke b dower shall be king attendant to the guardian  for three part of the service because the tenant in dower be in by act in law  as it be hold in e dower l and for the same reason if a man m seize of land in  fee take a wife and feoff another the feoff grant a rentcharge to the husband  and wife and to the heir of the husband the husband die the wife be endow of  the three part of the land out of which the rend be issue the three part of  the rend in such case which the wife have for life be extinct and the two part  of the rend remain to her issue out of the other two part for although it be a  rentcharge vet by act in law it shall be apportion as it be adjudge in Jurdens  case e avowry n vide oh ass p where a rentcharge shall be suspend in part and  in be for part by act in law and ass pl if guardian in knight service seize  the land of one daughter and heir within age the other daughter be of full age  there the signiory be suspend for one moiety and in be for another moiety so  if two W coparceners be of a signiory and one seize the b   light b light sect  light a b a f n b e Cr Elizabeth   a Plowd b h b Inst   light a Br Fauxifier  de recovery b keb roll   light b I Ventr c   light b roll d   b Br  apportionment Br bar   light b a h Br extinguishment e   light b g I Anders  Leon Goldsb   a h light sect   light b a I   light b roll king roll   a l    light b m   light a n   light a oh Br apportionment Br extinguishment   light  b   light b coke report a er p terretenant or come to the land by defeasible  title the other may distrain her for her moiety of the signiory for the act of  her coparcener can prejudice her in such case and where it be say in the case  before that where the tenant make a lease for life or a gift in tail the  remainder over in fee that the tenant for life or donee in tail be very tenant  by the manner to the lord paramount it be true that at the commonlaw there be  Q four manner of avowries for rend service c by reason of a tenure upon one as  upon his very tenant and that be when the lord have fee in the signiory and  the tenant have fee in the tenancy ut super yes to hold suum upon one as upon  his very tenant by the manner ut super yes to hold suum in form prd and that  be when the tenant make a lease for life or a gift in tail with the remainder  in fee in that case if the lord have fee in the signiory he shall avow upon  the tenant for life or donee in tail as upon his very tenant by the manner  upon one as upon his tenant by the manner omit this word very and that be when  the lord have a particular estate in a signiory as a estate in tail estate for  life or less interest super to hold suum in form prd so shall the donor upon  the donee the lessor upon the lessee for life or year upon the matter in the  land as within his fee and signiory as where the tenant by knight service make  a lease for life render rend and die his heir within age the guardian shall  make such avowry upon the lessee know super means prd in terris et property  prd ut infra fee et dominium suum and all these form of avowries you will find  in your book h h e h avow Elizabeth die a h e e avowry e f ult h but now by  the statute coke a h cap the lord may avow a the take of the distress within  the tenancy as in land or tenement within his fee or signiory without make any  avowry upon a person certain but the lord have liberty if he will to make his  avowry accord to the commonlaw