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A81944 Three learned readings made upon three very usefull statutes: the first, by that great and eminent sage of the law, Sir Iames Dyer, of the Middle Temple, upon the statute of 32.H.8.Chap.I. of Wills, and 34. & 35. Hen.8.Chap.5. for the explanation of that statute. The second, by Sir Iohn Brograve, of Grayes Inne, sometime his Majesties attourney of the dutchy of Lancaster, upon the statute of 27.H.8.Chap.10. concerning jointures. The third, by Thomas Risden esquire, of the Inner Temple, upon the statute of 8.Hen.6. Chap.9. of forcible entry. Dyer, James, Sir, 1512-1582.; Brograve, John, Sir, d. 1613.; Risden, Thomas. 1648 (1648) Wing D2929; Thomason E437_35; ESTC R204745 84,448 129

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if he were Tenant in Fee by Knight Service and before the Statute he had infeoffed another faciendum Capitali Domino for the Feoffer and his Heires this was no Tenure of the Feoffor 17. Lord Mesne and Tenant by Knight Service and before the Statute the Tenant and Mesne by Deed infeoffe a stranger to hold of the Lord Paramount by the service due yet he shall hold of the Mesne 18. Before the Statute the Tenant infeoffs a stranger to hold of the Feoffer or of the chiefe Lord this is a good Tenure of either of them at the election of the Feoffee 19. Lord Mesne and Tenant the Tenant infeoffes a stranger to hold off the Lord Paramount yet he shall hold off the Feoffer and not of the Lord nor of the Mesne 20. The Lord in Socage encroacheth Knight Service this doth not make a Tenure by Knight Service although that the Seisen hath been by prescription 21. A man holdeth by Knight Service and was disseised and before the Statute he releaseth all his right to the Disseisor without reserving any Tenure he should have held of the Releasor by Chivalry quaere 22. Two joynt-tenants held by Service of Chivalry and before the Statute make a Feoffment to hold of the one of them by 1. d. the Feoffee shall hold the moity of the other by Chilvalry XII Where the Heire in Knight Service shall be in Ward for his body and where for his Land and where for both and where not 1. LOrd and Tenant by Knight Service the Tenant maketh a Lease for life and dies his Heir within age the body only shall be in Ward 2. Tenant in Knight Service is disseased the Diseasor maketh a gift in Taile the Donee dyeth seised and his issue enters the Desseisee dyes his Heir within age shall be in Ward for his body 3. The Tenant disclaimeth in avowry the Lord recovers in a Writ of Right of Disclaimer and before execution the Tenant dies his Heir within age he shall be in Ward for the body and Land also if the Lord please 4. Two Ioynt-tenants unto the Heirs of one of them he who hath the Fee dyeth his Heir within age the body shall be in Ward to the King if the Land be held of him but if it be holden of a common person it shall not 5. The Tenant maketh a Lease for life the Remainder in Fee he in the Remainder dyeth his Heir within age he shall not be in Ward to the King nor to any other during the life of the Leassee but after the death of the Leassee during his none-age he shall be in Ward for both 6. The Tenant makes a Lease to the Lord for life rendring Rent the Leassor dies his Heir within age he shall be in Ward for the body and the Lord shall have the Rent by retainer 7. A man gives Landsholden by Knights Service ro one pro scutagio suo habendum sibi harebidus de corporo suo the Donee dies his issue within age he shall be in Ward 8. Grandfather Father and Sonne the Grandfather holdeth by Knights Service and maketh a gift in Taile to the Father and dyes the Father dies the sonne within age he shall be in Ward for the body but not for the Land 9. A man hath issue a daughter by his Wife and the Wife dies Knight Service Land descendeth to the issue being within age the Land shall be in Ward untill the issue come to the age of fourteene years and no longer and the body not 10. The King grants to his Tenant that when it shall happen that he shall die his Heir within age that he shall be out of Ward for the body and the Land he dies his Heir within age he shall not be in Ward 11. The Tenant in Chivalry accepteth a Fine of a stranger of the Land in Taile to hold off the stranger by Knight Service and dies his Heir within age he shall be in Ward to the Lord for the body and Land 12. A man maketh a Feoffment in Fee to the use of a stranger in Taile and for default of such issue to the use of the right Heir of the Feoffor the Feoffer hath issue within age and dies his body shall be Ward 13. Seignioresse and Tenant inter-marry and have issue the Tenant dies his issue within age he shall be in Ward for the body and Land 14. Lord Mesne and Tenant before 27. H. 8. by Knight Service the Tenant makes a Feoffment to the use of the Mesne in Taile without saying more after the Statue is made the Mesne dyeth his Heir within age he shall be in Ward for his body to the Lord Paramount and for the Land to the Tenant who made the Feoffment 15. A Villain Tenant by Chivalry hath issue and dyeth the issue within age the Lord shall have the Ward of the Land and the Lord of the Villain of the body 16. Lord and Feme Jenanx the Tenant taketh Husband who hath a sonne by another Wife and hath issue also by his second Wife and surviveth the Wife and holdeth by the Courtesie the Heire of his Wife within age he shall not be in Ward for body nor land during the life of the Father 17. The Lord by Knight Service granteth his Seigniory for life the Remainder to the Tenant and to a Stranger in Fee the Tenant attorns and after dyeth his Heir within age he shall not be in Ward for the body nor for the land 18. Lord and Tenant by Knight Service and the Tenant maketh a Feoffment upon condition the condition is broken the Feoffor dyeth his Heir within age the Heirenters for the condition broken he shall be in Ward 19. The Tenant marrieth his sonne infra annos nubiles and dyeth and at the age of Consent he disagreeth he shall be in Ward the same Law if he be marryed within the age of seven years at the time of the death of his father and his wife dyeth he shall be in Ward 20. A Seigniory in Chivalry is granted in Fee upon condition to be performed of the part of the Grantor the Tenant attorneth the condition is performed and after the Tenant dyeth his Heir within age the Lord claimeth the Seigniory for the condition performed the Heir shall not be in Ward to the Grantor nor Grantee 21. Tenant in Taile in Chivalry levies a Fine with proclamations in Fee and dyeth his issue within age his body shall be in Ward 22. Tenant in Taile is disseised and levyeth a Fine sur Conuzans de driot tantum to the Disseisor with proclamation and dyeth within the year his issue within age he shall be in Ward for the body and land 23. A Seigniory descendeth of the part of the Father in Fee and the Tenancy descendeth on the part of the Mother the sonne dyeth without issue the Heir of the part of the Mother within age he shall not be in Ward to the Heir of the part of the Father 24. A man holdeth
What gift estate or Conveyance shall be intended to be made by fraud or Covin and what not And where the fraud and Covyn are well found by Office or in the Writ of right of Ward and where not 1. A Feme sole Tenant of the King in Capite in Knight Service maketh a gift in Taile to a married man pro causa matrimonii praelocuti and the Wife of the Donee dyeth and the Doneresse and he inter-marry and have issue and the wife dyeth this shall not be intended Covin 2. Tenant of the King in Capite in Taile the Remainder over in Fee they eschange this Land in Fee for other Land of Tenure which is of much lesse value then the other Land given which is conveyed to them as the other Land was this is a good eschange and no Covin 3. Tenant of the King in Capite being constrained by poverty infeoffeth his sonne and heir apparant in Taile the Remainder to his second sonne the Remainder to the right heirs of the eldest sonne to the intent to finde him sustainance or for money to the value of the Land this is not Covin 4. A man holdeth Land in Socage only of a Common Lord and he conveyeth this by fraud to defraud the Lord of his Reliefe or Herriot the Lord shall not take advantage of this Covin 5. Tenant of the King seised of divers parcels some whereof are holden in Knight Service and some in Socage and not knowing of his Tenure conveyeth fraudently an Estate of his Land in Chivalry thinking that this was his Socage Land this shall be said Covin 6. A man purchaseth Capite Land at this day and to the intent to defraud the King of the Wardship he joyneth his sonne and heir in the purchase with him in the Remainder in Taile after his decease with the Remainder in Fee to his heirs this is not Covin 7. An Infant purchaseth Land holden of the King in Chivalry and he by fraud and Covyn suffereth a recovery in a Writ of Right upon the Common Voucher and the recoveror maketh an Estate againe to him with Remainder over to him who shall be his heir contrary to the intent of the first Estate this shall be Covin 8. The husband seised of Land in the right of his wife holden in Chivalry and he at this day conveyeth Estates in fraud of this Land and after the wife surviveth the husband an Ancestor collaterall of the wife releaseth to the Feoffee with warranty and dyeth the Feoffee conveyeth an Estate to a stranger agreeable to this practise this shall not hee fraud 9. The Tenant contriveth an Estate in Fee upon Condition and taketh back an Estate to him for life the Remainder to his eldest sonne in Taile and for default of such issue the Remainder to the heirs of the body of the father begotten the Remainder over in Fee to the Lord of whom the Land is holden yet this is Covin at the pleasure of the Lord. 10. Tenant of the King in Capite intending to defraud the King of the Wardship c. obtaineth licence of the King to make a Feoffment to two in Fee to the use of the Feoffor himself for term of his life without impeachment of wast the Remainder over to his eldest sonne for life the Remainder over to his younger sonne for life the Remainder over to the Right heirs of the father and these Estates are conveyed accordingly this shall not be Covin but if there be more Lands conveyed in the Deed of execution of the Estate then are contained in the Licence then the Covin shall be averred in the whole 11. Tenant in Chivalry intending fraud infeoffeth the Lord himselfe being an Infant upon condition that he shall Convey fraudulent Estates back with the Remainder over whereby he shall be defrauded of the Wardship and the Infant maketh estates accordingly yet he shall have an averment to this Covin 12. A man infeoffeth two of his servants bona fide to their own use for good service done and to be done and they by Covin convey divers fraudulent estates to their Master with Remainders over c. and the Master knowing of their intent rejoyceth at it yet this shall not be fraud 13. Tenant in Chivalry by Covin c. maketh a Lease for term of a Month to the Lord by Deed the Remainder over to divers others in Fee upon condition that they in the Remainder after the Month shall make fraudulent estates and Conveyances back c. and to this purpose the Lord is not privey and the Deed is read to the Lord as only to the use of him in the Reversion and Livery and Seisin is made to him accordingly he shall never avoid this by Covin 14. The Tenant intending fraud infeoffeth divers persons and putteth the Lord in trust as Attorney to make livery and so he doth yet the Lord shall avoid this Covin 15. The Tenant maketh a Lease for years to the Lord and after by fine conveyeth fraudulent estates c. and after the Lord within the terme maketh his Executor and dyeth and the executor enter into the term and after the Leasor dieth his heir within age and the term continueth the heir of the Lord shall not avoid this Covin 16. Tenant in Chivalry leaseth to the Lord for life and after grants the Reversion in Fee to the Villeyn of the Lord upon condition that he within the yeare shall regrant an estate by fraud with the remainder over c. the Lord attorneth to the Villeyn and after maketh wast and the Villeyn recovereth the place wasted and conveyeth the states within the yeare accordingly and dieth his heir within age the Lord shall not avoid this Covyn 17. Tenant in Chivalry infeoffeth his sonne and heire apparant in Fee being within age bona fide and the Lord accepteth homage of him and after the father dieth yet the Lord may averre this feoffment to be by coven in a writ of right of Ward but if the heir were of full age at the time of the feoffment and he accepteth homage of him in the life of his father an he in avowrie for heriot or relief shall not be received to averre Covin 18. Tenant in Chivalry deviseth his whole land to his eldest son in Fee bona fide upon condition that he shall pay to his executour the value yet the Lord shall have the Wardship of the whole 19. It is found by Office that the Tenant of the King by Knight-service in Capite for that his eldest sonne is an Idiot Lunatique or who hath committed some unnaturall act of ingratitude to his father assureth in his life all his inheritance in Fee-simple or Fee-Taile to his second son by estate lawfully executed whereby the King hath part the Ward of the King shall not be intituled to any part thereof by this office but the assurance is good in law for the whole 20. The same law it is if it be found by office that for that the eldest son
of the King by Chivalry and also of Land in Taile to him and his heirs Females of his body and hath issue a son and a daughter and dyeth his son within age the King shall not be compelled to take the taile c. 3. Tenant of the King of Fee-simple in Chiefe purchaseth land to him and to the heirs of the body of the father begotten his father then being dead after he hath issue a son and dieth the sonne within age the King shall take the Taile c. 4. Grandfather father and son the grandfather seised of land in Fee land is given to the grandfather and to his heirs of the body of the father begotten the father dieth the grandfather declareth his will of the land in Fee-simple and dieth the sonne within age the King shall have the land Taile 5. Grandfather father and sonne the father is seised in Fee of land holden of the King in Capite by Chivalrie the father giveth land to the grandfather in Taile that is to him and his heirs of his body begotten the grandfather maketh his will of the Fee-simple and dieth the father dieth the sonne within age the King shall take the land Tailed quaere 6. Grandfather father and son the father seised in Fee of land holden of the King by Knight service land is given to one for life the remainder to the heirs of the body of the grandfather begotten the grandfather dieth the Leasee dieth the father maketh his will of the whole Fee-simple and dieth the sonne within age the King shall bee compelled to take the land tail'd 7. Father and son the father seised in Fee holden ut supra disseiseth the sonne of land tailed and declareth his will of the Fee-simple land and dieth the sonne within age the King shall not be compelled to the tailed land 8. Tenant in Taile seised also of Fee-simple is disseised of the land in Taile and giveth all his Fee-simple and dieth his issue within age the King enters into the land intailed he shall not be forced to take it for Wardship 9. A man seised in Fee-simple and purchaseth land to him and his son being within age and to the heirs of the body of the father he deviseth the Fee-simple and dieth the King shall not be compelled to take the Wardship of the lands in Taile 10. A man seised of land in Fee holden of the King ut supra and land is given to him with a woman in frankmarriage the remainder over in Fee and they have issue the wife dieth the husband deviseth the land in Fee-simple and dieth the issue within age the King shall not take the land in taile otherwise if the remainder of the Fee-simple had been given to the husband 11. A Feme seised of land in Fee simple holden ut supra and land is given to her and to the heirs of her body by the donor begotten and the donor after marrieth with her and they have issue the donor dieth the wife deviseth all the Fee simple and dieth the issue within age the King shall be compelled to take the land tail'd 12. A man seised in Fee hath issue two sonnes by divers venters and purchaseth land to him in taile generall and dieth seised of all the elder son enters and deviseth the Fee-simple and dieth without issue the puisne within age the King shall not be chased to take it c. 13. Tenant in Taile seised of land in Fee-simple holden ut supra maketh a Lease of the land tailed for term of his own life and a yeare after the remainder to his eldest sonne in Fee and deviseth the whole Fee-simple and dieth his issue within age after the year the King shall not be chased to take c. 14. A man seised of land in Fee-holden in Chiefe and land is given to him for life the remainder to his eldest sonne in Taile the remainder to the right heirs of the father the father maketh a feoffment with warranty and taketh back an estate to him in Taile and maketh a will of all the Fee-simple land and dieth his son within age the King shall not be compelled c. 15. Tenant in Taile seised also of other land in Fee holden ut supra hath issue two sons the eldest is attainted in the life of the father and hath a Charter of pardon and after the father deviseth the whole Fee-simple and dieth the eldest son within age the King shall not bee forced to take c. 16. Grandfather father and son the grandfather seised of divers parcels of land giveth part thereof to the father in taile and after disseiseth the father maketh a feoffment with warranty and taketh back an estate to him in Taile the father dieth the grandfather deviseth all his Fee-simple and dieth the sonne within age the King shall not have this land in Ward 17. A feme seised of land in Fee holden of the King ut supra purchaseth land to her and her husband and to the heirs betwixt them begotten and they have issue and are disseised of the tailed land the disseisor dieth his heir is in by descent the husband dieth the wife declareth her will of all the Fee-simple and dieth the issue within age who enters presently the King shall not have the tailed land in Ward 18. I. S. seised of land in Fee holden ut supra land is given to one for term of life of the said I. S. the remainder to the heirs of the body of the said I. S. begotten I. S. purchaseth the estate of the Leasee and deviseth the intire Fee-simple and hath issue and dyeth the issue within age the King shall not have this land inatiled 19. A man seised of land in Fee holden of the King in Capite hath issue a son and a daughter and land is given to the father and to the heirs males of his body begotten the remainder to his heirs females of his body begotten and dieth seised the son enters into all and deviseth the whole Fee-simple and hath issue a daughter within age and dieth the King shall not have this land intailed 20. A man hath issue two sons and dieth the eldest son is seised in Fee and land is given to him and to his heirs of his body begotten he deviseth the whole Fee-simple and dieth the younger son within age the King shall not have it c. 21. A man seised of land in Fee hath issue a son and a daughter by one venter and a son by another venter maketh a Lease of a third part of the land to one for term of life of the eldest son and dieth the eldest son enters into the residue and maketh a release to the Leasee of all his right in the land and deviseth the intire land residue and dieth the daughter within age the Leasee dieth the King shall not have this land for his part 22. Tenant in taile is seised also of Fee-simple holden c. and discontinueth the Taile
Dovehouse I. S. buildeth one the husband enters and dieth the wife enters this is no Taile in jointure c. 12. Disseisee releaseth to the Disseisor of a Rectory upon condition the disseisor dieth the condition is broken the disseisee enters and infeoffeth I. S. who dieth his heir giveth the land to the heir of the disseisor being an infant and to his wife and to the heirs of his body begotten by I. S. the husband dieth the wife entreth this is c. 13. A Feme Covert is possessed of a Severall piscary for years the reversion to the Queen the husband is out-lawed in a personall action which is reversed the Queen reciting this matter granteth this land to the husband and after releaseth to the wife and to the heirs of her body for c. this is c. 14. Disseisor of a Mannor to which a Villeyn is reguardant giveth the Mannor c. to husband and wife and to their heirs the Villeyn purchaseth land in Taile the husband enters the Disseisee enters the husband dieth the wife enters the land purchased by the Villeyn is not c. 15. Father and son the father giveth land to the son and his wife liberis suis with warranty to the sonne and his wife and to the heirs of their body for 10 yeares they are impleaded within the 10 years and lose and have in value the yeares expire the husband dieth the wife enters this is not an estate in Taile for jointure but for life 16. Tenant in Taile leaseth by deed to a woman for 40 years and hath issue and dieth leaving assets the issue enters the woman recovereth by writ of Covenant she enters and taketh husband the issue releaseth to the husband and wife and to their heirs begotten c. the husband dieth this is not c. 17. I. S. giveth land to A for life and after to the right heirs of the body of I. D. who is executed for fellony Tenant for life dieth I. S. enters the issue of I. D. recovereth the remainder by indenture after it is declared that the recovery was to the use of the recoveror and his wife and to the heirs of the body of the recoveror begotten upon his wife and A. G. the recoveror dieth the wife enters this is not c. 18. Disseisor maketh a gift in Taile Ann. 1. H. 8. the Donee hath issue and dieth the issue in 12. Eliz. grants pasture for 10 years to the Disseisee and his wife haredibus duobus of their body for the jointure of the wife in consideration of a release from the Disseisee the issue and the husband die the wife useth the pasture this is not c. 19. Land is devised to I. S. for life the remainder to a husband in frankmarriage for c. I. S. and the Devisor die the husband enters and dieth the wife enters this is not an Estate made c. 20. Five acres of land adjoining to the Sea are devised to husband and wife haeredibus suis maseulis for c. Five other acres adjoining thereunto the Sea forsaketh into which the husband and wife enter this is not any estate made in the five acres newly gained c. III. What shall be said an Estate made to the husband and wife for their lives or for the life of the wife in hereditaments for a jointure intended by this statute 1. LAnd is given to A. and B. and to the heirs of B. B. leaseth this to a Feme sole for life the Leasor grants to the said Feme and I. D. common for 10 years out of the said land during their lives for the jointure of the Leasee and after marrieth her A. and D. die this is an estate conveyed for life as an Hereditament c. 2. I. S. seised of the Mannor of D. a Tenant of the Mannor is attainted of Fellony I. S. granteth 10. l. out of the Mannor in Fee and enters into the Tenancy and leaseth this to the grantee for life he grants the Rent to I. S. and his wife for life for c. that is to the wife during the life of the husband and to the husband during the life of the wife the husband dieth the wife agreeth to the Rent this is not c. 3. The Queen grants a Rent charge of 20. l. out of the Mannor of D. to I. S. in Fee and bargaineth and selleth the Mannor to I. D. I. S. grants the Rent to the husband for life the remander to the wife upon condition that the wife after the death of the husband shall pay 10 l. to the grantor for c. the husband dieth the wife assenteth this is c. 4. A Villeyn is granted by bargaine and sale not indented but omnibus ad qu●s c. to the husband and wife during coverture and after to the survivor for c. the husband dieth the deed is introlled within six months the wife useth the Villeyn this is an estate for life c. 5. I. S. seised of a seigniory in the right of his wife granteth it to the Tenant the remainder to husband and wife quans diu se beue gesserint the Tenant I. S. and the husband dye the wife distreineth for the Rent this is not c. 6. A Mannor imparked is devised to one and his heirs semales the Devisor dieth the Devisee hath issue two daughters and dieth the Parke is allotted to the elder the Mannor to the younger liberty to hunt and to kill a Buck and a Doe is assigned for equality the younger granteth this liberty to the husband for life the remainder to the wife untill I. S. be promoted to a benefice for c. the younger and the husband die the wife useth this liberty this is not c. 7. Two grant an annuity of 10 l. jointly and severally to I. S. in Fee who granteth it to husband and wife to the husband for the life of I. D. to the wife untill one of the sonnes of I. S. accomplish the age of 21 years for c. the husband dieth the wife accepteth this annuity this is c. 8. I. S. constituteth the Custody of his Park to be an office and granteth the same office to I. D. for 10 years the grantor confirmeth this estate for 20 years the remainder to his wife for her jointure untill he pay to I. S. 20 l. the 20 years expire the husband dieth the wife useth the office this is not c. 9. The Queen maketh livery of a Mannor to which an advowson is appendant cum pertinent to the heir being within age the heir presenteth and giveth the advowson to husband and wife in speciall Taile for c. the husband dieth without issue the wife presents this is not an estate c. 10. The Master and Scholars of Saint Johns in Cambridge grant a Rent charge of 40 s. out of their Colledge to husband for life the remainder to the wife for so many years as she