Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	die_v	son_n	year_n	8,542	5	4.8430	4	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

issue another sonne the second shall have the Land 19. Land is devised to one for life the remainder Ecclesiae St. Andrea in Holborn the Parson of the said Church shall have Plowd Comment 523. cited it 21. R. 2. 20. A man deviseth by his Will that after the death of his wife the Land deviseable shall goe to I. S. his wife shall take for life by this devise 21. Cestui que use before the Stat. of 27. H. 8. willeth that his Feoffes shall execute an Estate to I. S. in Fee I. S. shall take the use without any Estate executed 22. A man deviseth Land deviseable to his daughter and Heire being a feme Covert and to the Heires of the woman the reversion over in Fee and dyeth the husband refuseth to take by the devise he in the remainder entreth he shall retain the Land during the lives of the Husband and Wife but after their decease the issue of the Wife may enter upon him 23. A man seised of Land in Fee hath issue two sonnes and a daughter the father deviseth the Land to his wife for terme of life the remainder propin uioribus de sanguine puerorum of the Devisor the daughter hath issue and dyeth the issue of the daughter shall have this remainder and although that the sonnes have issue after yet their issue shall not have it 24. A man willeth that after 20. years after the death of the Devisor I. S. shall have the Land in Fee the Heire of the Devisor shall have the Land during the terme and not the Executor IV. What things may be devised 1. A Man seised of Land deviseable buildeth a House thereupon the House is deviseable the same Law of a Rent charge de Novo created 2. A man Disseisee of Land deviseable deviseth to the Disseisor in Fee in recompence of a Releas which the Disseisor made unto him it is good 3. A man hath Land in right of his wife and he granteth parcell of it to another and after deviseth the residue to another this is good 4. A man hath a Seigniory to him descended of the part of his mother and after the Tenancy descendeth unto him of the part of his father and both are deviseable and he hath not any issue he may make devises to severall persons that is the Seigniory to one and the Tenancy to another 5. A Termor of Land which is not deviseable erecteth a Furnace and fixeth this in the middest of the House in the Land he may devise thir Furnace 6. A man seised of Land deviseable deviseth totum statum suum to one and his Heires this is good for the Land 7. A man deviseth primam vesturam sou tonsuram prati which is deviseable this is good the same Law of Trees growing and to grow for ever 8. Tenant in Fee-simple or Fee-taile may devise the Corne although that the Land be not deviseable contrary Law is of Trees 9. A man seised of a Mill may devise the Runner stone but not the under stone 10. A man hath a terme for a 100 years and he deviseth this to one for terme of life the remainder over to I. S. this is a voyd remainder contrary it is if the Devise were that the Devisee shall have the occupation of the Land during his life the remainder over 11. Tenant in Fee-simple deviseth his Charters this is good but Tenant in tayle cannot 12. The King is seised of a Borough where the Burgages are deviseable by Testament the King purchaseth a Burgage in Fee and granteth this to another in Fee the Grantee cannot devise it 13. A man hath an annuity to him and his Heirs he cannot devise this otherwise if the annuity be granted to him for term of years 14. A man seised of a Manner in Fee deviseable the King granteth to him a Warren in his demean Lands in Fee the Grantee devise the this Warren it is not good 15. A man seised of a Common granteth a Rent out of the Land although that the Land be deviseable yet the grant is voyde and by consequence the devise 16. An Advowson in grosse is not deviseable nor any other thing which lyeth not in Tenure but a mesnalty or seigniory is deviseable because they lie in Tenure 17. The Husband deviseth the Corn upon his Wives Land and dyeth this is good whether they were sowed before the marriage or after V. By what words and by what meanes a man shall have Fee-simple in Lands Tenemints or Horeditaments and what not 1. LAnd is given to a man habend sibi haredi suo this is not Fee-simple otherwise it is sibi duobus haredibus suis tantum 2. Land is given to a man habend sibi haered with warranty of the Land sibi haredibus suis this is a good Fee-simple 3. Land is devised by Testament to a man by these words To doe with it at his pleasure this is a good Fee-simple 4. Land is given to a man habendum sibi in feodo simplici and livery made to him and his Heirs secundum formam effectum Chartae this maketh Fee-simple 5. A man bargaineth and selleth his Land to another without the word Heirs and the Indenture is inrolled accordingly this is Fee-simple 6. Land is given to one by Deed for term of life and Livery and Seisin made to him and his Heirs secundum formam effectum Chartae this is not Fee-simple 7. The King giveth Land to a man habendum sibi haeredibus suis masculis hee hath neither Fee nor Fee-Taile 8. A man seised in Fee-simple grants totum statum suum to have to the Grantee and his Heirs and maketh Livery according to the Deed this is Fee-simple 9. A man levieth a fine sur Conusance de droit come ceo que il ad de son done the Conusee hath Fee simple 10. A man grants a Rent out of his Land to one for life and after the Grantor rehearsing the first grant granteth the same Rent to the Grantee and his Heirs with clause of distresse accordingly the Grantee hath Fee-simple 11. Two Co-parceners in Fee-simple make partition and for equality of partition a Rent is assigned out of one part to the other without any other words the Assignee hath Fee-simple in the rent 12. A man maketh a Feoffment with warranty for term of life of the Feoffee he is impleaded and voucheth the Feoffer who looseth and rendreth in value other land he is seised of it in Fee 13. Land is given to the Major and Commonalty of London habendum protermino vitae eorum this is Fee-simple 14. Land is given by Deed habendum sibi haeredibus suis vel de corpore suo this is not Fee-simple otherwise if the habendum were sibi haeredibus suis vel suis Assignatis 15. Land is given to Parson habendum in liberam eleemosynam it is Fee-simple 16. A man maketh a Lease of 2. Acres of Land for life the remainder

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

S. without consideration after it is declared in an Indenture that this recovery shall be to the use of A. and she that shall be his wife for their lives for c. A. marrieth I. releaseth to the husband and wife in speciall Taile the husband dyeth the wife reciting that she is Tenant in Taile maketh a Lease for years this is not c. 10. A Seigniory is given to I. S. being attainted of Felony to the use of the husband and wife during the life of the wife for c. the Tenant is disseised the Disseisor ceaseth I. S. recovereth in a Cessavit against the Disseisor and enters the Statute is made the husband dyeth the Disseisor being within age marryeth the wife this is c. 11. A Villain by assent of the Lord is inseoffed to the use of the husband and wife for c. before this Statute the Lord enters and infeoffeth the Villain the Statute is made the husband dyeth the wife enters this is not c. 12. I. S. Covenanteth at this day in consideration of a release made by I. D. to him not inrolled that he will stand seised of Lands which shall be to the value of 20 l. per annum to the use of I. S. and his wife during their lives c. I. S. dyeth the wife enters this is not c. 13. Husband and Wife levie a fine to two the husband intendeth it to the use of I. D. for life and after that he shall marry then to the use of his wife during her life for c. the wife intendeth it to her selfe for life and after to I. D. he who hath the wife dyeth I. D. marryeth the Statute is made I. D. dyeth the wife enters this is c. 14. I. D. is indebted to I. S. in 100 l. payable at Michaelmas I. S. in consideration that he shall pay the 100 l. at Midsommer covenanteth by Deed enrolled that he shall be seised to the use of I. D. for ten years and after to the use of the right heir of her whom he shall marry the tenne years expire the heir apparant marrieth the husband dyeth the wife enters this is c. 15. Lord Mesne and Tenant an Infant by Knight Service and a Hawk yearly the Mesne disseiseth the Tenant and deviseth the Mesnalty to the parson of D. to the use of the husband and wife and the heirs of their body begotten for c. and dyeth the Tenant enters the husband dies the wife distraineth for the service this is not c. 16. I. S. inseoffeth I. D. to the use of the husband and wife and the heirs of the husband for c. and before the Statute of 27. I. S. enseoffeth the husband and wife the Statute is made the husband dyeth the wife enters this is c. 17. I. S. in consideration of affection which he beareth to his son covenanteth that he and his heirs shall stand seised of Common which he hath pro omnibus averiis to the use of the sonne for five years and after to the use of the wife of I. D. for life and after to the use of I. D. her husband for twenty years I. D. dyes the wife useth the Common this is not c. 18. I. S. covenanteth with I. D. in consideration of a marriage to be betwixt A. his son and B. that his Mannor of D. after his death shall remaine to A. his sonne and B. his wife in Fee for c. the Father and A. die the wife enters this is not c. 19. Husband and Wife I. S. inseoffeth the husband to the use of the husband and wife in Taile for c. and hath issue a bastard his wife being priviment insent and dyeth the bastard enters the Statute is made the wife enters in the name of the heir of her husband and claimeth her joynture this is c. 20. Land is given to a Feme covert in Fee before this Statute to the use of I. D. and his wife for their lives for c. the wife hath issue and is attainted of Felony the King pardons her the Lord releaseth to the husband the wife dies the Statute is made I. D. dyes the Lord and Feme intermarry the Lord enters this is not c. 21. Lord and Tenant the Lord granteth the Seigniory to the Tenant and I. S. to the intent to grant it to husband and wife during their lives for c. they grant it and deliver the Deed to the wife the husband disagreeth and dies the wife claimeth it this is c. 22. A. Cestuy que use the Feoffees bargaine and sell the Land to I. D. the Statute is made A. giveth the Land to I. D. in Fee so long as I. S. hath issue of his body to the use of him selfe and his wife during their lives for c. I. D. dyeth the wife entreth this is c. 23. Land is given to husband and wife in Fee rendring Rent to the use of the husband and wife during their lives the husband maketh a Feoffment upon condition and entreth for the condition broken the Statute is made he dies the wife enters this is c. V. Where the Wife shall have a Jointure and also Dower notwithstanding this Statute and where she shall not have Jointure neither Dower notwithstanding the words of the Statute that is any Law or provision made to the contrary thereof notwithstanding 1. I. S. hath Land in burrough English and hath issue two sons Land is given to the elder son and his wife for their lives rendring rent for c. and after the wife of the sonne is endowed ex assensu patris the sonne dies the wife shall have her jointure and this Dower 2. Dower is assigned ad ostium Ecclesiae and after Land is given to the husband for life the remainder to I. S. and his heirs during the life of I. D. the remainder to the wife for life for c. the husband dyeth the wife occupieth the Dower I. S. dyeth the wife entreth she shall have this joynture and Dower also 3. A Villain is given to husband and wife in frank marriage the remainder in Fee to the husband for c. the father of the husband dyeth seised of Land in Fee I. S. abateth the husband dyeth the wife shall have this jointure and Dower of the Land 4. Land is given to husband and wife for 200 years if they live so long for c. after which Land is given to the husband in Taile upon condition that if he die without issue the Donor shall enter the husband dyeth without issue the wife shall have this Land and Dower also 5. Tenant in Taile of a rent and Disseisor of the Land out of which c. granteth the rent and Land to I. S. with Warranty the Sheriff extendeth a I. ease for years by vertue of an Elegit as a chattle and deviseth it to I. S. and his wife and I. D. for years the Disseisee

brought upon this Statute in which he shall make mention of this Statute 37. So also if a Writ of Entry sur disseisin in nature of an assise if the disseisin be found with force c. 38. But in an action brought upon this Statute if the Jurors finde for the Defendant by false oath whereupon the party reverseth it by Writ of Attaint in this case he shall recover treble dammages in this Writ of Attaint IN my last Reading I have shewed unto you upon the branch of this Statute touching the using of any action by the party grieved what shall be a disseisin with force by this branch of this Statute and what not And what shall be also said a detaining by force and what not then by what action he shall have his remedy so given by this branch of this Statute This Statute goeth further Provided all wayes that those keep by force their Possessions in Lands or Tenements c. and upon these words in this branch or proviso in the end of the Statute I intend to shew unto you this day with your patience my conceit V. What shall be said a continuance of Possession by three yeares within the proviso of this Statute and what not Then where he who hath so continued possession by three yeares within the proviso of this Statute may justifie the detaining of it by force and where not And against what persons such justification shall be made and what not 1. IF a Disseisor continue Possession quietly for two years and then is disseised by his eldest sonne the Father dyeth and the sonne therein continueth the Possession for one yeare more this is not any continuance of Possession for three yeares within this branch or proviso 2. The same Law is if the father disseiseth his eldest sonne and continueth in Possession for two yeares and the sonne after his death for one yeare more yet this is not any continuance of Possession by three years within this proviso 3. But if the Disseisor continueth the Possession for two yeares in his own life time and dyeth seised whereby his sonne and heir entreth and continueth Possession for one yeare more this is a continuance of Possession c. 4. The same Law is it the Disseisor continue Possession for two yeares in the life of the Disseisee and one yeare after his death this is a continuace for three years by this proviso 5. If the Disseisee make continuall claime within three yeares then this is not a continuance of Possession by three years within this proviso 6. The same Law is if the Disseisor continue Possession by two years and his Feoffee by one yeare this is a continuance of Possession by three years within the proviso 7. If a man recovereth against one in a pracipe quod reddat by Covin and he against whom he hath recovered hath the Possession thereof in quiet by three yeares this is a continuance of Possession by three yeares within this proviso 8. If a man maketh a Lease for another mans life who continneth Possession by two yeares and then hee for whose life c. dyeth and the Leassee continueth Possession one yeare after the death of hee whose life c. yet this is not any continuance of Possession by three yeares within this proviso 9. But if hee had continued Possession by three years after the death of hee for whose life c. then this should be said a continuance of Possession by three yeares within this proviso 10. If the Disseisor maketh a Lease for life the remainder over in Fee and the Leassee holdeth in for a yeare and dyeth after whose death hee in remainder entreth and continueth the Possession for two yeares more this is not any continuance by three years within this branch c. 11. If Leassee for yeares continue Possession by two yeares and then his terme expireth after which he holdeth in for another yeare yet this is not any continuance of Possession by three yeares within the proviso 12. If a man maketh a Lease at Will and dyeth after whose death the Leassee continueth Possession by three yeares this is a continuance of Possession by three yeares within this branch 13. If the Disseisor continue the quiet Possession by one yeare and then maketh a Feoffment and taketh back an Estate againe and then hee continueth Possession by two yeares more this is not any continuance of Possession by three yeares within the branch of this Statute FINIS

possession of the Land this is a forcible Entry c. 7. The same Law is if one alien in Fee and the Lessor dyeth before any entry made his sonne and heir enters with force for this condition broken in the life of his father this is also a forcible entry c. 8. But if the Lessor enter with force to see if waste be made by the Lessee this is not forcible entry by this Statute although that he remaine there all the day and night after 9. The same Law where the Lord distraineth for rent where none is arrear and that notwithstanding with force yet this is not any forcible entry c. 10. If two or more are fighting in a house the doore being shut whereupon others enter and break it to see the Peace kept this is not any forcible entry within this Statute 11. The same Law is if they are so fighting in the street at large whereby one of them is hurt and in jeapordy of his life whereupon he who hurt him flyeth into a house and shutteth the doore after him others there present pursue him and breake the house to take him this is not a forcible entry within this Statute 12. But if no such jeapordy of his life be then they cannot break the house to imprison him although it be done upon fresh suit otherwise it is in the same Case if the doore he open 13. If the Gaoler or the Sheriff bring the Prisoners out of the common Prison to his own house and for the safegard of them he keepeth a force within his house this is not any keeping with force c. 14. If the Iustices of Peace upon complaint to them made come to the place where the force was and finde the door shut and within the house there is but one sole person who will not open the door and suffer the Iustices to come in this is a detainer with force c. 15. But if the Iustices of Peace come to the house where the force was not comming for that but for other businesse who view the force and the door of the house is shut when they come and they within the house will not suffer them to enter yet this not any detaining with force within c. 16. If the Iustices of peace come to the place where the force was and there finde some persons arrayed in harnish this is a force by the Statute 17. The same Law if they are not so arrayed in harnish but the harnish lying with them within the same house this is a detainer with force c. 18. If a man hath two houses neer adjoyning the one by a good title the other by a defeasible title he keepeth a force in the first house to beat them who would enter into the house by defeasible title this is a detaining with force within c. 19. If a man putteth another out of his house by force and thereupon putteth in one of his servants in peaceable manner and holdeth the party so put out of possession in prison this is not a detainer with force within c. 20. If a man claimeth Common to any Land and the Land is detained with force when he would use his Common or distraine for his rent this is a detaining with force 21. But if a man hath a Warren in other Land and the Land is detained with force when he would use this Warren this is no detaining c. 22. If a man heare that certaine Fellows will come to his house to kill beat or rob him whereupon he assembleth a force to assist him in safegard of his person or his goods this is no detaining with force within c. 23. But if he heareth that they will come there to take possession of his house whereupon he assembleth a force to defend his possession this is a detaining with force within this Statute 24. If a man will enter the Park of another to distraine his game there whereby the Owner of the Park keepeth him out with force this is not a detainer with force c. 25. If Tenant by Knight Service maketh a Feoffment upon condition and dyeth his heir within age who performeth the condition and enters into the Lands whereupon the Lord seiseth him for his Ward and defendeth that house where the Ward is with sorce against others who claime him for their Ward this is no detainer with force c. 26. If in time of Warre a man enters into the Land of another adjoyning to the Sea and there remaineth with force to defend the Realm from Enemies this is no detaining with force c. 27. If a man hath a rent issuing out of the Land of another which Land is detained with force when he would distrain for his rent arrear hee who is so disturbed of this rent is no party grieved by this first branch of this Statute 28. A man seised of certaine Land to which Common is appendant is disseised of the Common and then aliens the Land to his sonne and dyeth after which the Land out of which this Common is issuing is detained with force the sonne is not a party grieved by this Statute 29. If after the death of the father a stranger enters by abatement into the Land and holdeth with force the sonne is not a party grieved within c. 30. If a man be seised of Land in which such a forcible entry is made and after dyeth before any complaint thereof made his sonne and heir is not a party grieved by this Statute to make complaint c. 31. If a man make a Lease for five years upon condition that if within the first two years the Leassee pay to him 10 l. that then he shall have Fee and Livery is made accordingly there if any such forcible entry be committed within the five years although that the condition be not performed yet the Leassee is a party grieved by this Statute 32. A man possessed of a Term maketh the heirs of I. S. his Executors and dyeth the said I. S. being also then dead leaving issue a daughter his wife inseint with another daughter the first enters into the Land after which the other is born and then such a force is committed both the daughters are parties grieved by this Statute 33. A man deviseth Land by his last Will and dyeth and before any entry made by the Devisee such a forcible entry is made the Devisee is not a party griveved by this Statute 34. If a man enter by disseisin to the use of another who after agreeth thereunto and a forcible entry is made neither the one nor the other is a party grieved by this Statute 35. If one enter by disseisin to the use of an Infant who thereunto agreeth and then such a forcible entry is made yet the Infant is not a party grieved by this Statute IN my first Reading I have shewed unto you upon the words in the first branch of this Statute what shall

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. 1. 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 JOINTVRES The Third By Thomas Risden Esquire of the Inner Temple upon the Statute of 8. Hen. 6. Chap. 9. Of FORCIBLE ENTRY LONDON Printed for W. Lee M. Walbancke D. Pakeman and G. Bedell 1648. The Stationer to the Reader Courteous Reader THese three Learned Readings being lately imparted unto mee from the hand of a worthy Gentleman well versed in the Common Laws I was very desirous therein to receive further satisfaction from some grave Sages of that Profession touching the merit of them who with judicious and unpartiall eyes have with mature deliberation perused them and esteemed them very ingenuous and profitable upon whose commendations I have adventured to expose them to publike view for the generall good Touching the first of these great Sages of the Law it is well known to the Gentlemen of the long Robe that he hath left behind him a living monument being a famous and exquisite Volume of Reports of Law wherein fol. 72.a. 6. E. 6. You may read him called to the degree of Serjeant at Law and in the same Book fol. 144a. by Patent from K. Philip and Q. Mary you may finde him advanced to be a Iudge of the Court of Common Pleas and in 1 Elizab. he was removed to be Chiefe Iustice of the same Court being the next successor in that honorable place to Sir Anthony Brown Knight in which High Court hee continued for 24 yeares and upward even untill his death and in memory of him you may see an ample and eloquent Encomium given by the honourable Sir Edward Cook Knight deceased in the end of Dowmans Case in the ninth part of his Reports fol. 14. 15. Concerning the other two judicious Sages of the Law the one of Grayes Inne and the other of the Inner Temple I had rather you would please to peruse their polite labours then my weak Commendations of them wherein I hope you will finde not only pleasant variety of Invention to delight you but also great solidity of judgement to benefit you I intend not to trouble you with an impertinent and tedious Preface no way doubting your riper judgments will finde ample content and much more profit hereby then these few lines doe promise 32. and 34. H. 8. The Reading of James Dyer of the Middle-Temple London there made upon the Statutes of Dispositions of Lands and Tenements by Testament or last Will or otherwise made in the yeare 32. H. 8. chapter the 1. And of Explanations in the yeares 34. 35. of the same King Chapter the 5. I. For that That in the Statute of Explanation foure persons are restrained to make Wills of their Lands viz. Women covert Infants Idiots and men of non-sana memory it is to be seen what persons are able by the Common Law or by the Statute to make a Will or Testament and what not 1. THe King being of full age may make a Testament of land parcell of the Dutchy of Lancast but not of any other Land 2. The Queen cannot make a Will of her land deviseable which is her inheritance but by the assent of the King shee may make a devise to a stranger and not to the King 3 A Bishop of his owne inheritance or of his purchase to him and his heires may make a Will but not of the Land of his Bishoprick but of arrerages of rent of the Bishoprick he may make a devise by Testament the same Law of a Deane or Parson of a Church 4. An Abbot Prior or Master of an Hospitall cannot make a Will of any thing 5. A person out-lawed of Felony cannot make a Testament but a person out-lawed only in personall actions may make a Testament of his Land but not of his goods The same Law of a man attainted of a Premunire contrary Law of a Villaine or of a man excommunicated 6. An Infant of the age of 16. years seised of Land deviseable who may alien it by the custome yet he cannot make a testament thereof the same Law of his goods 7. An Infant maketh a will of his Land within age and dyeth after that he commeth to full age and maketh no revocation this is not a good will 8. A man born deafe and dumbe may make a Will of his Land by signes 9. A woman seised of Land marrieth with her brother and after maketh a Will of it this is not good the same Law of a woman professed who taketh husband 10 A Lunatick being of a saue memory maketh his Will and after becommeth lunatick and after recovereth a good understanding and dyeth this is not a good will 11. A woman inheretrix of full age taketh husband who is under yeares marriageable the woman maketh a will of her Land and dyeth before the age of the husband of 14. yeares this is good 12. A man maketh his will and willeth that I. S. who is within age shall have the disposition of his Land this is good The same Law is where a woman Covert hath such Authority 13. The Husband and Wife are divorced by reason of a precontract at the suit of the husband the woman sueth an Appeale the which depending she maketh a will of her Land and dyeth this is good 14. An Alien purchaseth Land in Fee and maketh a Will and after the King maketh him a Denizon after he dyeth this is good 15. A man speechlesse lying at the point of death may make a will by signes the same Law of a person lunatick when he hath his memory 16. A man being of sound memory maketh his Will and before his death he becommeth mad and so dyeth this is not a good Will 17. A man who hath a wife not divorced taketh another wife who is an Inheretrix she cannot make a will 18. A Villain purchaseth Lands within the City of London and after comes within the City and there is made a Free-man and maketh a Testament of this Land which is deviseable by the Custome and before his death the Lord entreth yet the Will is good II. What shall be said a good and sufficient Testament and what not and what shall be a Revocation and what not 1. A Testament nuncupative is not good for Land the same Law of a Testament made in Print or ingraven in Stone or Timber or cut if it were never written 2. A Testament bearing date at Antwerp in Brabant is not good but if it want date this is good if made after the 20. day of July 1540. 3. A man maketh a Testament without naming any Executor this is good for

shall live for c. and after infeoffeth them of the Mannor of D. the husband recovereth in a writ of annuity and dieth the wife enters and demandeth the Rent this is c. 11. A. and B. seised of a Rectory give it rendring Rent and if it be arrear that A. shall enter and detein for his life and after his death the remainder to his wife untill I. S. taketh a wife for c. I. S. and the husband die the wife enters this is not c. 12. Lord and Tenant by fealty and a horse the Villeyn of the Lord disseiseth the Tenant who bringeth an assise against the Lord and Villeyn the Lord disclaimeth the Tenant enters the Lord giveth his seigniory to the Tenant and his wife for a yeare sic de anno in annum during their lives the husband dieth the wife distraineth this is not c. 13. I. S. seised of land of the part of the mother maketh a feoffment reserving a Corody certaine and dieth without issue the heir of the part of the mother deviseth the Corody to I. D. and his heirs during the life of I. N the remainder to his wife in perpetuum to her owne use I. N. and the husband die this is an estate made for life c. 14. Bastard mulier the Bastard enters and grants a Rent charge to the husband for 10 years and if the Bastard die during the term that this shall remaine to the wife for a jointure the Bastard dieth during the term without issue the Mulier enters the husband dieth the wife accepteth the Rent this is not c. 15. I. S. hath wreck of Sea in the Mannor of I. D. by prescription he grants this for two yeares to I. D. and after grants it to Feme Covert and I N. for their lives for c. and before attornment granteth it to another the Tenant attorneth to the two grantees the husband dieth the wife claimeth it this is c. 16. A Prebendary maketh a lease of a hundred to Baron and feme and their sonne for life rendring the accustomed rent with a condition for non-payment for c. they make partition the Prebendary the sonne and the husband die the Rent is arrear the successor enters the wife enters this is not c. 17. The Queen reciting whereas she hath manumitted a Villeyn where in truth she had not confirmeth the manumission and further doth manumit him and after granteth him to the husband for his life the remainder to the wife in forma praedicta for c. the husband dieth this is not c. 18. Sonne Tenant for life the remainder to the father granteth to husband and wife that they shall distreyn during their lives for 10 l. annually for c. the husband purchaseth parcell of the land of the father the father and the husband die the wife agreeth this is c. 19. The Chiefe Justice of the Common Place being non compos mentis granteth the office of pregnotoriship to husband and wife for c. the Chiefe Justice is removed the husband dieth the wife assents to use the office this is not c. 20. View of frankpledge is granted to a feme during the life of I. S. she marrieth the grantor granteth the said liberty to the husband and wife for c. the wife surrendreth her interest this is c. 21. Husband and Wife joynt-tenants make a gift in Taile to A. and B. to have the one moity to A. the other to B. reserving Rent to them and to their heirs for c. Livery is made accordingly the husband and B. die the wife enters into the moity and accepteth the Rent this is not an Estate made for life in the Rent for a jointure IV. What shall be an Estate or purchase to the Husband and Wife or to any other person to the use of the Husband and Wife or to the use of the Wife in manner afore expressed and what not 1. I. S. and I. D. joint-tenants I. S. releaseth to I. D. in Fee during the life of A. S. to the use of I. D. and A. S. who shall be his wife for c. they intermarry I. D. dyeth the wife enters this is c. 2. Before the Statute of 27. H. 8. I. S. maketh a Feoffment by Deed to two and to the heirs of one to the use of his last Will which is annexed to the Deed and is to the use of himselfe and his wife for c. and after to the use of I. S. in Fee the Statute is made he who hath the Fee and the husband die the wife entreth this is not c. 3. Tenant for years rendring rent the Reversion is granted to I. S. in Taile to the use of husband and wife and his heirs begotten of the wife for c. before the Statute of 27. Tenant for years grants his Estate to the wife before attornment I. S. being attainted of Felony the Statute is made the husband dyeth the wife claimeth the rent this is c. 4. Land is given to the Bishop of E. in consideration of 20 l. paid by him to hold to him his heirs and successors to the use of I S. and after to the right heir of I. D. who is in life and after to the use of the wife of I. S. for her life for c. I. S. dyeth the wife entreth I. D. dyeth this is not c. 5. A. and B. Disseisors the Disseisee releaseth to A. and willeth that he shall take the profits and deliver them to B. and his wife for her jointure the Statute is made B. and A. die the wife entreth this is not c. 6. Cestuy Ã que use of the Mannors of D. and S. willeth that his Feoffees shall make an Estate to I. S. and his wife of the Mannor of D. for their lives for c. and maketh no Executors after he maketh another Will of the Mannor of S. and willeth that they shall make an Estate thereof to I. S. and maketh Executors the Statute is made I. S. dyeth the wife entreth into the Mannor of D. this is c. 7. A Villain is granted to I. S. in Fee before this Statute to the use of husband and wife for c. untill I. D. grant 10 l. rent to them I. D. dyeth the Villain flyeth into another County and is attainted of Felony and purchaseth the Mannor of D. I. S. enters the Villain is executed the husband dyeth the wife enters into the Mannor this is not c. 8. Tenant in Taile bargains and sells his Land to I. S. for life and after teleaseth to the said I. S. in Taile to the use of his wife for her life c. the Statute is made the Tenant in Taile Disseiseth I. S. and maketh a Feoffment I. S. and the Tenant in Taile dye the issue of the Tenant in Taile and the wife inter-marry she enters this is c. 9. A. recovereth against I.

use was impleaded in a formedone hanging which writ Cestuy que use enters and maketh a Feoffment to another to the use of the same Tenant in Fee and the demandant pursueth and recovereth by default after the statute the Tenant dieth seised of this and of other land in Fee and this land is assigned to the Lord in Ward upon whom the recoverour enters he shall not have recompence 16. The Tenant in a formedone infeoffeth the father of an infant hanging the writ and after the demandant releaseth to the Tenant and neverthelesse hee recovereth by Verdict and Confession after the Feoffee dieth his heir within age and in Ward for this land into which the recoverour entreth the Lord shall have recompence 17. A ã€ˆâ—Šã€‰ in a Prâ—cipe quod reddat was had by Verdict against father of an infant who was seised in the right of his wife without naming the wife and the recoveror enters upon the gardian to execute the recovery he shall not have recompence otherwise the Law is if the recovery were had against the wife without naming the husband and she appeareth and pleadeth as a woman sole 18. The father of an infant being by the curresie of the inheritance of the infant granteth his estate to another upon condition and after a recovery is had by default against him in a pracipe quod reddat by a faint title and after the condition broken here entreth and dieth and this land is assigned to the Lord upon whom the recoverour entreth he shall not have recompence 19. A formedone is brought by an infant upon a discontinuance against the father of an infant in Ward hanging which writ a Collaterall ancestour of the demandant releaseth to the Tenant after Verdict and after the Judgement given the ancestour Collaterall dieth the Tenant dieth seised of other land and this land was left to the Lord for Ward upon whom the demandant enters he shall have recompence 20. A pracipe quod reddat is brought against the father of an infant who appeareth and pleadeth that the demandant and a stranger entred into the land hanging the writ to the use of the stranger judgement of the writ to which the demandant faith that the Tenant re-entred whereupon the Tenant demurreth in Law and adjudged for the demandant and immediatly judgement given to recover and after the father dieth seised and this land was assigned in Ward upon whom the recoverour enters he shall have recompence 21. The Guardian in Chivalry hath lands in Ward which are holden of him by severall Tenures and he doth wast in one of them the heir recovereth against him in wast and entreth into the whole the Guardian shall have not recompence but he may enter or have an action for the Tenure which is not wasted 22. The heir in Ward is a Bastard eigne and hath a brother maher pursne a recovery in a praecipe was had against a Tenant for term of life by default where the remainder in Fee was in the father and before execution the Tenant for life dieth and the father entreth and dieth seised of other land and this land was assigned to the Lord upon whom the Recoveror entreth the Lord shall have recompence 23. A Cessavit was brought against the Father the Infant in Ward and he tenders the arreares and judgement given that for the Cesser after the Land shall incurre to the demandant the Father dyeth seised of this Land and deviseth all his other Land and this Land was in Ward and the services are not done for two yeares whereupon the Lord entreth and ousteth the Gardian hee shall not have recompence 24. A Cui in vita was brought against the Father the Insant in Ward he pleadeth to the issue and found for the demandant and thereupon the Tenant rendreth the Land to the demandant in Fee by fine and after the father dyeth seised of other Land c. and this land is assigned to the Lord and the Widow enters upon him he shall not have recompence 25. A man recovereth against the Father of an infant in a Warrantia Chartae pro loco tempore the Father then being seised of the Land now in Ward and after the death of the Father a stranger who hath good Title to enter into the Land which was warranted entreth upon whom he who recovereth pro loco tempore sueth a scire facias to have in value and by extent recovereth and entreth hee shall have recompence 26. Tenant in Taile of a Common certaine bringeth a Quod permittat against the Heir and recovereth against him in the Land which is assigned to the Lord and the Reversioner useth the Common the Lord shall have recompence yet this is not any eviction or determination of his interest 27. A Father of an Infant by Indenture granteth to I. S. and his Heirs a way over his Land in eschange for an acre of Land the Father entreth and the other useth the way the Father deviseth all his Land relinquishing the acre eschanged to the Lord and dyeth the Lord entreth for the Wardship the Grantee is disturbed of the way and entreth upon the Lord he shall have recompence 28. If the part assigned to the Lord be decayed or surrounded by the sea yet the Lord shall not have recompence the same Law if the two parts devised be bettered by improvement in any Manner so that the part of the Lord is not at the value of the third part of the whole inheritance yet the Lord shall not have recompence XVI For what Alienation the King shall have a sine for alienation and for what not and where the King shall have a fine for alienation notwithstanding a licence of alienation and where not 1. THe Sonne and Heir apparent of Tenant of the King in Capite assigneth Dower of the Land of his Father to his wife ad ostium Ecclesia ox assensu patris and after the sonne is attainted of Felony and is executed and the widow entreth upon the Father into the Dower the King shall have a fine 2. Tenant of the King in Capite is sound a Lunatick by Office whereby the land is seised and after he alieneth the Land in Fee by Fine the King shall have a Fine for the alienation 3. Tenant of the King in Capite dyeth seised his heir of full age which is found by Office whereby the Escheator seiseth to the use of the King after Primier seisin and before Liverâ— sued he entreth and maketh a Feoffment the King shall not have a Fine for alienation but after inquisition otherwise it is if the heir alien by Indenture of bargaine and saile inrolled according to the statute 4. Tenant of the King in Capite is disseised and releaseth to the Disseisor the King shall have a fine 5. Tenant of the King maketh a Lease for life by Licence and after the Leasee maketh a Feoffment the Feoffee inseoffeth his Father who dyeth seised and the Feoffee as heir entreth and inseoffeth

the Feoffor who was tenant of the King the King shall not have a Fine 6. After the death of the Kings Tenant in Capite it is found by Office that an alien is his daughter and heir and of full age whereby the Land is seised for the Primier seisin and before Livery the heir taketh husband and they have issue the wife dyeth before Livery sued the King shall have Primier seisin of the husband as Tenant by the Courtesie but shall not seise for alienation 7. Tenant of the King in Capite alieneth in Fee and before Office found he dyeth yet the King shall have a Fine but if he alien and the Alienee also dye before Office found the King shall not have a Fine 8. Two joynt-tenants of a Mannor holden of the King in Capite in Fee the one releaseth to the other the King shall not have a Fine 9. Tenant of the King in Capite granteth Common out of the Land in Fee the King shall not have a Fine 10. The King Lord Mesne and Tenant the Mesne releaseth to the tenant all his right in the Land for years the King shall have a Fine 11. Tenant of the King of a Mannor to which an Advowson is appendant hath issue three daughters and dyeth seised the daughters make partition of the Mannor and also of the Advowson that is that they shall present by turn and this is found by Office the King shall have a Fine 12. Tenant of the King in Capite maketh a Lease to one for years upon condition that if he within the term kill I. S. who is a Person Out-lawed of Felony that he shall have Fee and Livery is made accordingly and after he killeth I. S. within the term the King shall not have a Fine 13. Tenant of the King in Capite accepteth a Fine of a stranger sur Conusaens do droit come ceo c. and continueth in possession the King shall have a Fine 14. The heir in Reversion of Tenant by the Courtesie of Land holden in Capite granteth his Reversion and before attornment the Tenant by the Courtesie by Licence granteth his estate and after he attorneth to the grant of the Reversion the King shall have a Fine 15. Tenant of the King in Capite of an Advowson granteth to one and his heirs the rumination of two Clerks to be made to the Grantor and ã€ˆâ—Šã€‰ heirs at every avoidance of the Church the King shall not have a Fine 16. Tenant of the King in Capite maketh a Lease for life by Licence the Remainder for life the Remainder over in Fee he in the Remainder for life granteth his Remainder to another and the Tenant attorneth the King shall not have a fine because neither free-hold nor inheritance is thereby aliened 17. Tenant of the King deviseth his Land to his wife quandiu sola vixerit the King shall have a fine otherwise if he devise untill she hath levied 10. l. out of the Land 18. Two Joynt-tenants to them and to the heires of one of them in Capite he who hath the Fee granteth his Reversion in Fee the King shall not have a fine 19. Tenant of the King of a Mannor to which a Villain is regardant alieneth the Villain in Fee the King shall not have a fine 20. The Tenant of a Common Lord maketh a Lease to one for life the Remainder to the King by Deed inrolled the Leassee granteth his Estate to another the King shall have a fine 21. Lord Mesne and Tenant the Mesnalty holden of the King in Capite the Mesne and the Tenant eschange the Mesnalty for the Tenancy by Deed the King shall not have a fine and yet the eschange is good 22. Cestuy que use of Land holden in Capite infeoffeth one of the Feoffees before the Statute the King shall have a fine 23. The King granteth Land to one in Fee at this day upon condition that he shall not alien without Licence he doth alien and this is found by the Escheator virtute officid the King may re-enter or have a fine at his election 24. Tenant of the King suffereth himselfe by Collusion to be impleaded in a reall action by one who hath no title who recovereth by faint pleading the King shall not have a fine but if the Tenant of the King looseth his land by a recovery in value upon a voucher ã€ˆâ—Šã€‰ him the King shall have a Fine 25. Two Joynt-tenants in Capite the one Leaseth his moity for years the Remainder for life or in Fee to his Companion the King shall not have a Fine 26. Two Coparceners of the King in Capite the one infeoffeth the other the King shall not have a Fine 27. Tenant for life where the Reversion is in the Tenant of the King in Capite surrendreth his estate the King shall have a Fine XVII Where the King shall have a fine for Alienation and what shall be said a good Pardon for alienation and what not 1. KIng H. 8. granteth Licence to his Tenant to alien and before alienation he dyeth and after he alieneth the 21 H. 7. 7. b King shall not have a fine 2. The King licenceth his Tenant to alien to I. S. in Fee and he alieneth to I. S. in Fee Taile or to the use of the Feoffor the King shall have a fine 3. The King licenceth his Tenant to alien twenty Acres and hee alieneth tenne Acres only the King shall have a Fine 4. The King licenceth his Tenant to alien in Fee by Deed and hee alieneth without Deed the King shall have a Fine 5. Tenant of the King in Capite leaseth for years the Leasee is Out-lawed in a personall action the King seiseth and licenceth his Tenant in Reversion to alien his Reversion and he doth it during the term the King shall have a Fine 6. Two Joynt-tenants of the King and he giveth to them licence to alien and before execution thereof the one of them dyeth the survivor alieneth the King shall not have a fine but if the survivor die and his heir alien the King shall have a fine 7. The King licenceth his Tenant to alien in Fee and he alieneth in Fee upon condition the King shall have a Fine 8. Tenant of the King in Socage in Capite deviseth his Land by Will without licence the Devisee dyeth before a Pardon sued his heir shall not sue a Pardon without paying the whole value of a year and a halfe of the third part 9. Tenant of the King disposeth his Land according to the Statute by Act executed in his life without licence the Donee shall not have a pardon of course for the third part of the value of a year but he shall pay the value for a year and a day by the words of the Statute 10. The King Lord Mesne and Tenant in Capite the King liceneth the Mesne to alien the mesualty and after the tenancy escheateth the Mesne entreth and alieneth the tedancy the King shall have a Fine XVIII

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