Wichingham, J.: If the king grants warren to another who is
tenant of the manor, he shall have warren, &c.; but the warren
will not pass by the grant [of the manor], because the warren is
not appendant to the manor. No more does it seem the services are
here appendant to the manor.
Thorpe, C. J., to Belknap: "There are some covenants on which no
one shall have an action, but the party to the covenant, or his
heir, and some covenants have inheritance in the land, so that
whoever has the land by alienation, or in other manner, shall
have action of covenant; [or, as it is stated in Fitzherbert's
Abridgment, /1/ the inhabitants of the land as well as every one
who has the land, shall have the covenant;] and when you say he
is not heir, he is privy of blood, and may be heir: /2/ and also
he is tenant of the land, and it is a thing which is annexed to
the chapel, which is in the manor, and so annexed to the manor,
and so he has said that the services have been rendered for all
time whereof there is memory, whence it is right this action
should be maintained." Belknap denied that the plaintiff counted
on such a prescription; but Thorpe said he did, and we bear
record of it, and the case was adjourned. /3/
It will be seen that the discussion followed the lines marked out
by the pleading.
Pages:
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487