a Man's thus pleading, it will be prefumed fo to continue, except the contrary be fhewn. Litt. Sect. 57. Cro. Eliz. 87, 88.

An Eftate for Life, tho' a Freehold, is but a particular Eftate derived out of the Inheritance, upon which a Reverfion or Remainder may depend: But it may in fome Cafes defcend to the Heir, as when Lands are granted to A. B. and his Heirs, for the Life of C. D. In this Cafe if A. B. die, his Heir fhall have the fame, during the Life of C. D. And this hath been called a Freehold defcendible: It is next in order to an Eftate-tail, and cannot be made without Livery and Seifin. 10 Rep. 98.

If a Man makes a Leafe to one for Years, Remainder to another for Life, or in Tail, &c. in this Cafe it is neceffary, that the Leffor make Livery of Seifin to the Leffee, otherwife nothing paffeth to him in the Remainder, altho' the Leffee or immediate Tenant enter into the Tenements: And here if the Termor entereth before any Livery and Seifin made to him, then is the Freehold and alfo the Reversion in the Leffor; but if he makes Livery to the Leffee, the Freehold together with the Fee is to them in Remainder, according to the Form of the Grant. Litt. 60.

This Livery is not required for the Leffee himfelf, because he hath but a Term for Years, but it is for the Benefit of thofe in the Remainder, fo as to enure to them; for the Livery of Poffeffion could not be made to the next in Remainder, because the Poffeffion belonged to the Leffee for Years, and for that the particular Term, and all the Remainders make in Law but one Eftate, and take Effect ас one Time. I Co.

Inft. 49.

A Freehold Leafe for Life, of any Thing, if it be in Effe before, may not commence at a Day to come: An Eftate of Freehold cannot by the Common Law begin in futuro; but it must take Effect prefently in Poffeffion, Reverfion, or Remainder. A Man made a Deed of Gift to his Son and his Heirs, of Lands after his Death, and no Livery was made thereon; now if there had been Livery, it would have been void, because a Freehold cannot commence in futuro; yet he might have covenanted to ftand feiled to the Ufe of his Son after his Death: And it was held, that it fhould not be conftrued as a Covenant to fland feifed, by Reason of the Word Give; by which was intended a Tranfmutation of the Eftate, and not to pass it by Way of Ufe. 5 Rep. 94. March 50,51.

It

Whatsoever is Part of the Freehold, goes to the Heir, after the Death of the Anceflor; and hence it is, that Glafs annexed to Windows, fhall defcend as Parcel of the Inheritance to one's Heir: And altho' the Leffee himfelf at his own Cofts put the Glafs in the Windows, yet it being once Parcel of the Houfe, he cannot lawfully take it away. has been adjudg'd, that if the Glafs be fixed, to Windows by Nails, or in any other Manner, by the Leffor or Leffee, it could not be removed by the Tenant, for without Glafs it is no perfect Houfe; and by Leafe or Grant of the House, it fhould pafs as Parcel thereof; and perhaps great Part of the Cofts expended on the Houfe confills of Glafs Windows, which if they are open to Rain and Tempefts, Decay and Putrefaction of the Timber would follow. Moor 178. 1 Inft. 53. 4 Rep. 63, 64.

It was alfo refolv'd, that Wainfcot, be it annex'd to the Freehold of an Houfe either by Leffor or Leffee, (that is Landlord or Tenant) is Parcel

of

of the House; and there is no Difference in Law,' if it be fastened by great Nails, or little ones, or by Scrues, or Irons put through the Pofts or Walls, as have been invented of late Time: For if the Wainscot is by any of the faid Ways, or by any other faften'd to the Pofts or Walls of the House, the Leffee cannot remove it, but he is punifhable in Action of Wafte; because it is Parcel of the House in the fame Manner, as the Cieling and Plaiftering thereof. 4 Rep. 64. 1 Inft. 53.

A Leffee made a Furnace for the Ufe of a Dyer, and fixed it to the Wall of his Houfe, and the Leffee being condemn'd in Debt, the Sheriff came to the Furnace, and putting his Hands upon it, delivered it to the Defendant, upon which Action of Trespass was brought. Here Glanvil Juftice faid, that a Furnace may be delivered in Execution, and the House be never the worfe; but it is otherwife of the Doors, becaufe the Leffee cannot be without them: Though a Diftinction has been made, between outer Doors, and inner Doors, put up by the Leffee, after the Commencement of his Term; for the one may be taken away, and the other not. It is not Waste to take away a Furnace; indeed the Heir fhall have the fame, but this does not prove it is no Chattel, for it is because it is annexed to the Land, as in Cafe of Writings. By Dyer, The Diverfity is when the Furnace is fixed to the Middle of the Houfe, there it is but a Chattel, and is removable; but when fix'd to the Wall, the Termor may not remove it, for the Wall would be the Worfe for taking it away, and thereby the Freehold of the Houfe endamaged. Owen 71. Cro. Eliz. 374. Moor 177.

It hath been adjudg'd, that if Things for Trade, c. are fixed to the Freehold by the Leffee, he may take them down and remove them, fo as he

do it before the End of the Term. Tenant for Years made an Under-leafe of a Houfe in Holborn to one who was by Trade a Sope-boiler, and he for the Convenience of his Trade, put up Fats, Coppers, Tables, Partitions, and paved the Backfide, c. And by Holt Chief Juftice it was held, that during the Term the Sope-boiler might well remove the Fats and other Things he fet up in Relation to Trade, and that by the Common Law, (not by Virtue of any special Cuftom) in Favour of Trade and to encourage Industry: But after the Term, they become a Gift in Law to him in Reverfion, and are not removable. That there was a Difference between what the Sope-boiler did to carry on his Trade, and what he did to compleat the House, as making Hearths and Chimney-pieces, which he held not to be removable. Mich. 2 Ann. Poole's Cafe, 1 Salk. 368.

This was where upon a Writ of Fieri facias iffued on a Judgment in Debt against the Undertenant, the Sheriff took up al thefe Things, and left the Houfe ftripp'd and in a ruinous Condition; fo that the first Leffee was liable to make it good, and he thereupon brought a special Action on the Cafe against the Sheriff and thofe that bought the Goods, for the Damage done to the Houfe: But it was ruled, that the Sheriff might take them in Execution in this Cafe, as well as the Under-leffee might remove them. Ibid.

Any Thing fixed to the Freehold, as a Furnace, the Doors or Windows of a Houfe, or fuch like, may not be diftrained for Rent. Though by the Common Law, it is not Felony to fteal Lead from a Church or House; Corn or Grafs growing on the Ground, Apples upon a Tree, &c. for this is only Trefpafs: But if they are fevered from the Freehold, whether by the Owner or the Thief, if he

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fever them at one Time, and take them away at another, it is Larceny to take them. 2 Danv. Abr. 641. 1 Hawk. P. C. 93.

By a late Act, all Perfons who fhall fteal, or rip off, cut or break, with Intent to fteal, any Lead, Iron Bar, Gate, Iron Palisadoe, or Iron Rail, fix'd to any Dwelling-houfe, or other Building, or in any Garden, Court-yard, Fence, &c. thereto belonging, fhall be guilty of Felony; and the Court before whom fuch Perfons fhall be tried, fhall have Power to transport them for seven Years: And Perfons that fhall be affifting in Stealing, or in fuch Ripping, Cutting, or Breaking any Lead, Iron Bar, &c. knowing them to be ftolen, fhall be liable to the like Punishment as for Stealing the fame. 4 Geo. 2. c. 32.

From Freeholds in general, I come to Freeholders, as to their Privileges and Qualifications to be chofe Members of Parliament, Electors of Parliament Men, Juftices of Peace, Jurymen, &c.

The Qualification of Freeholders to be Members of Parliament.

A

N ancient Statute enacts, that Knights of the Shire fhall be refident in the County for which they are chofen; as likewife Citizens and Burgeffes elected are to be refiding in and free of the fame Cities and Boroughs, the Day of the Date of the Writ of Summons to Parliament, and they ought to be notable Knights of the County, and notable Efquires and Gentlemen, &c. 1 Hen. 5. сар. 1.

And a much later Statute than this hath enacted, That no Perfon fhall be a Member of Parliament, who hath not an Estate of Freehold or Copyhold for B 4 Life,