ſon C; hereby the eſtate deſcends to C the ſon of A, and B is barred from entering thereon till he proves his right in an action: now, if afterwards C the heir of the diſſeiſor makes a leaſe for life to D, with remainder to B the diſſeiſee for life, and D dies; hereby the remainder accrues to B, the diſſeiſee: who thus gaining a new freehold by virtue of the remainder, which is a bad title, is by act of law remitted, or in of his former and ſurer eſtate[1]. For he hath hereby gained a new right of poſſeſſion, to which the law immediately annexes his antient right of propriety.
If the ſubſequent eſtate, or right of poſſeſſion, be gained by a man’s own act or conſent, as by immediate purchaſe being of full age, he ſhall not be remitted. For the taking ſuch ſubſequent eſtate was his own folly, and ſhall be looked upon as a waiver of his prior right[2]. Therefore it is to be obſerved, that to every remitter there are regularly theſe incidents; an antient right, and a new defeaſible eſtate of freehold, uniting in one and the ſame perſon; which defeaſible eſtate muſt be caſt upon the tenant, not gained by his own act or folly. The reaſon given by Littleton[3], why this remedy, which operates ſilently and by the mere act of law, was allowed, is ſomewhat ſimilar to that given in the preceding article; becauſe otherwiſe he who hath right would be deprived of all remedy. For as he himſelf is the perſon in poſſeſſion of the freehold, there is no other perſon againſt whom he can bring an action, to eſtabliſh his prior right. And for this cauſe the law doth adjudge him in by remitter; that is, in ſuch plight as if he had lawfully recovered the ſame land by ſuit. For, as lord Bacon obſerves[4], the benignity of the law is ſuch, as when, to preſerve the principles and grounds of law, it depriveth a man of his remedy without his own fault, it will rather put him in a better degree and condition than in a worſe. Nam quod remedio deſtituitur, ipſa re valet; ſi culpa abſit. But there ſhall be no remitter to a right, for which the party has
