And, as in admittances upon ſurrenders, ſo in admittances upon deſcents by the death of the anceſtor, the lord is uſed as a mere inſtrument; and, as no manner of intereſt paſſes into him by the ſurrender or the death of his tenant, ſo no intereſt paſſes out of him by the act of admittance. And therefore neither in the one caſe, nor the other, is any reſpect had to the quantity or quality of the lord's eſtate in the manor. For whether he be tenant in fee or for years, whether he be in poſſeſſion by right or by wrong, it is not material; ſince the admittances made by him ſhall not be impeached on account of his title, becauſe they are judicial, or rather miniſterial, acts, which every lord in poſſeſſion is bound to perform[1].
Admittances, however, upon ſurrender differ from admittances upon deſcent in this; that by ſurrender nothing is veſted in ceſtuy que uſe before admittance, no more than in voluntary admittances; but upon deſcent the heir is tenant by copy immediately upon the death of his anceſtor: not indeed to all intents and purpoſes, for he cannot be ſworn on the homage nor maintain an action in the lord's court as tenant; but to moſt intents the law taketh notice of him as of a perfect tenant of the land inſtantly upon the death of his anceſtor, eſpecially where he is concerned with any ſtranger. He may enter into the land before admittance; may take the profits; may puniſh any treſpaſs done upon the ground[2]; nay, upon ſatisfying the lord for his fine due upon the deſcent, may ſurrender into the hands of the lord to whatever uſe he pleaſes. For which reaſons we may conclude, that the admittance of an heir is principally for the benefit of the lord, to intitle him to his fine, and not ſo much neceſſary for the ſtrengthening and compleating the heir's title. Hence indeed an obſervation might ariſe, that if the benefit, which the heir is to receive by the admittance, is not equal to the charges of the fine, he will never come in and be admitted
