MAXIMS OF THE LAW. 167 



band, who takes a feoffment from the discontinuee to him Semble incest 



and his wife, the feme is not remitted ; and the reason is, e 

 because she was once sole, and so a laches in her for not con j drie . 

 pursuing her right ; but if the feoffment taken back had Lit pl 665 

 been to the first husband and herself, she had been remitted. 



Yet if the husband discontinue the lands of the wife, 2M.Condic.3. 

 and the discontinuee make a feoffment to the use of the 

 husband and wife she is not remitted ; but that is upon a 

 special reason, upon the letter of the statute of 27 H. VIII. 

 of uses, that willeth that the cestuy que use shall have the 

 possession in quality and degree, as he had the use ; but 

 that holdeth place only upon the first vesting of the use ; 

 for when the use is absolutely executed and vested, then 34 n. 8. 

 it doth insue merely the nature of possessions ; and if the D y- 3 - 19 - 

 discontinuee had made a feoffment 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 is remitted, causa 

 qua supra. 



Also, if the heir of the disseisor make a lease for life, the 

 remainder to the disseisee, who chargeth the remainder, 

 and lessee for life dies, the disseisee is not remitted ; and 

 the reason is, his intermeddling with the wrongful re 

 mainder, whereby he hath affirmed the same to be in him, 

 and so accepted it : but if the heir of the disseisor had 

 granted a rent charge to the disseisee, and afterwards made 

 a lease for life, the remainder to the disseisee, and the 

 lessee for life had died, the disseisee had been remitted ; 

 because there appeareth no assent or acceptance of any 

 estate in the freehold, but only of a collateral charge. 



So if the feme be disseised, and intermarry with the 

 disseisor, who makes a lease for life, rendering rent, and 6 Ed. 3. 4. 

 dieth, leaving a son by the same feme, and the son accepts Cond - 3 - 67 

 the rent of the lessee for life, and then the feme dies, and 

 the lessee for life dies, the son is not remitted ; yet the frank 28 11. 8. pl. 

 tenement was cast upon him by act in law, but because he 2 7 - 

 had agreed to be in the tortious reversion by acceptance of 

 the rent, therefore no remitter. 



So if tenant in tail discontinue, and the discontinuee 

 make a lease for life, the remainder to the issue in tail being 

 within age, and at full age the lessee for life suriendereth 

 to the issue in tail, and tenant in tail die, and lessee for life 

 dies, yet the issue is not remitted : and yet if the issue had 

 accepted a feoffment within age, and had continued the 

 taking of the profits when he came of full age, and then 

 the tenant in tail had died, notwithstanding his taking of 

 the profits, he had been remitted ; for that which guides the 



