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-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
of a Lord by Priority and of the King as of a Mannor by Posteriority the King grants the Mannor in Fee the Tenant dies his Heir within age the Lord by Priority shall have the body and land of him holden and the Grantee of the King but the other land 25. The Tenant hath issue a sonne who is made a Knight within age and his Father dyeth his body shall be out of Ward 26. The Tenant infeoffeth his sonne and Heir apparent within age the Lord accepteth homage of him the Father dyeth he shall be out of Ward 27. Lord Mesne and Tenant the Tenant holdeth of the Mesne by Priority who holdeth over of the Lord by Priority and the Tenant holdeth of another by Posteriority the Tenant forjudgeth the Mesne and dyeth his Heir within age hee shall bee in Ward for his body to the Lord Paramount 28. The Tenant being within age or of non sane memory See the first part of the Institutes 76. b. maketh a Feoffment and dyeth and the Heir within age recovereth by dum non fuit compos mentis or dum fuit infra aetatem and enters he shall not be in Ward otherwise if the Heir recovers in an assise of Mortdaxicester against the Abator and enters he shall be in Ward 29. The issue in Taile recovereth in a formedon and enters being within age he shall be in Ward for land and body 30. Lord Mesne and Tenant the Heir of the Tenant is in Ward to the Mesne the Lord releaseth to the Heir he shall not be out of Ward Quaere 31. The Tenant infeoffeth another by Collusion the Feoffee continuando Collusionem executeth an estate to the Feoffor for term of life the Remainder in Taile to the eldest sonne and after the Father dyeth the sonne enters within age he shall be in Ward for the body and land without forcing the Lord to his Writ of Right of Ward 32. The Tenant infeoffeth another by Collusion to infeoffe the Heir at full age and dyeth the Feoffee infeoffeth another bona fide yet the body and land shall be in Ward 33. The Heire apparent is retained in Service in the life of his Father who dyeth seised the Heire shall be in Ward for the body and land 34. Tenant in Chivalry maketh a Lease for life the Remainder over in Taile the Leassee is disseised the Donor releaseth to him in the Remainder in Fee he in the Remainder entreth upon the Disseisor upon whose possession the Leassee for life releaseth his right after he dyeth leaving the Leassee his issue within age he shall be in Ward to the Donor for body and land 35. Grandfather Father and Sonne the Father holdeth an Acre of the King in Capite by Knight Service and a Feoffment is made of Land holden of a Common Lord before 27. H. 8. to the use of the Grandfather and his Wife and of the Heirs of the Grandfather the Grandfather dyeth his Wife living the Father dyeth his sonne within age and this is found by office the King shall have the Wardship of the land in use by his Prerogative 36. The Tenant maketh a Feoffment by Collusion to defraud his Lord c. and after the Tenant purchaseth land which is holden of the King in Capite and dyeth his Heir within age the King shall have the Wardship of the body and of all the land 37. Grandfather Father and sonne within age the Father disseiseth the Grandfather and maketh a Feoffment and dyeth the Grandfather dyeth the sonne shall be in Ward for body and land otherwise if the Father survive the Grandfather 38. Lord Mesne and Tenant by Knight Service the Tenant dyeth his Heir within age the Mesne seiseth the Ward and granteth it over and after the Mesne dyeth the said Heir being also his Heir the Mesnalty only shall be in Ward to the Lord. 39. Land is given to the Father and son for term of their lives the Remainder to the right Heirs of the Father who dyeth the sonne shall be in Ward for the body but not for the Land Quaere XIII Where a Will made of all the Land holden by Knight Service shall be good and where not And where a Will made of all the Socage Land shall bee good for two parts and where otherwise 1. A Man seised of three Mannors of equall value the one holden of the King by Knight Service in chief the others holden of other two Lords by Knight Service he deviseth the two intire Mannors reserving the Mannor holden of the King this is good for the whole quaere the fourth Article of the Statute of 32. and quaere the seventh Article of the Act of Explanation if it be not otherwise declared that is two parts of every Mannor 2. A man seised of Land in Fee holden of a Common Lord by Knight Service and hath not any other Land deviseth the whole this is void for the whole for this case is not provided for by the first act and it is contrary to the fourth Article in the Act of 34. H. 8. 3. A man seised in Fee maketh a Feoffment by Licence of the next Lord to hold of the Feoffor and his heirs in Socage for 10. years and after by Knight Service the Feoffee within the term declareth his will of the whole and dyeth within the term this is good for all for ever Quaere 4. A man seised in Fee in Socage deviseth the moity thereof only this is good the same Law of a devise of a third or fourth part of Knight Service Land 5. Lord Mesne and Tenant and each holdeth of the other by homage fealty and a hawk and the Mesne deviseth two parts of his Mesnalty this is void 6. A man holdeth in Chivalry a Mannor to which an Advowson is appendant and deviseth two parts of his Mannor una cum advocatione this is void for the Advowson 7. A man holdeth Land in Socage and after confesseth in Court of Record where it is found by office that the Land is holden by Knight Service and after maketh a devise of the whole Land this is good 8. Lord Mesne and Tenant the Tenant holdeth of the Mesne by Knight Service and he over in Socage the Mesne granteth the Mesnalty to the wife of the Tenant and to her heirs the husband deviseth the whole Land and dyeth this is good for the whole 9. Lord Mesne and Tenant the Tenant holdeth of the Mesne by Knight Service and he over in Socage the Mesne grants his Mesnalty to a stranger for the life of the Tenant the Remainder to the right heirs of the Tenant he declareth his Will of the whole this is good 10. Lord Mesne and Feme Tenant ut supra the Feme taketh husband the Mesne releaseth to the husband and his heires and he dyeth the wife declareth her Will of the whole this is good 11. A man holdeth Land by Knight Service and maketh a gift in Taile to hold by Socage the tenant in taile maketh his
Will of the whole and after discontinueth in Fee the Discontinuee maketh his will of the whole this is good 12. Lord Mesne and tenant the tenant holdeth by Knight Service and the Mesne over in Socage the tenant declareth his will of the whole and after is disseised the Mesne releaseth to the Disseisori the Disseisee re-enters and dyeth this is good for the whole 13. Grandfather father and sonne Lord Mesne and tenant by Knight Service and the Grandfather holdeth over in Socage the sonne declareth his Will of the whole and after the Grandfather dyeth and the sonne dyeth this is a good Will for the whole 14. Lord Mesne and tenant the tenant holdeth in Socage and he over in Chivalry the Tenant declareth his Will of the whole and after is disseised by the Mesne who maketh a Feoffment the Disseisee re-enters and dyeth this is not good but for two parts 15. A man holdeth land in two Towns of a man by Knight Service and he holds over in Socage the land in one Town of I. S. and in the other Town of another stranger the tenant maketh his Will of the whole in both the Towns and after the stranger distraineth by I. S. for the Services in the one Town and bringeth a Writ of Mesne against his Lord and forejudgeth the Mesne and dyeth this is good for the whole in the said Towne whereof the forejudger was and of the two parts of the other 16. Lord Mesne and tenant the tenant holdeth by Socage the Mesne by Knight Service the tenant declareth his Will of the whole the Mesne dyeth the tenant is his heir and dyeth this is good but for two parts 17. The King giveth Land in Fee Tenendum during the life of the Donee by Socage and after his decease by Chivalry the Donee maketh his Will of the whole and dyeth this is good but for two parts 18. The sonne holdeth of the Father by Chivalry and hee over by Socage the Father disseiseth the sonne and declareth his Will that i that the Land shall be sould by the Executors and dyeth the Will is void for all 19. A man declareth of his Socage Land his Will in this forme that is he giveth it to I. S. and his heirs for ever provided that he shall not give or devise it by his Will and if he doth that then this Will shall be void and dyeth the Devisee giveth the whole this is void 20. The Tenant in Chivalry deviseth the whole by his Will and after the Lord confirmeth his Estate to hold in Socage during his life the Devisor dyeth this is not good but for two parts 21. Lord two Mesnes and tenant the higher Mesne holdeth by Socage and every one of the others paravaile hold by Knight Service the tenant deviseth the whole Land the higher Mesne releaseth to him all his right the Tenant dyeth this is good for the whole 22. Tenant of a Manor in Ancient Demesne which is holden by Knights Service deviseth the whole by his Will and after levieth a Fine at the Common Law sur Conizance de droyt come ceo c. to his own use after dyeth this is good for the whole 23. Tenant in Socage where by the custome the wife is dowable of the moity hath issue two sonnes by divers venters and dyeth the eldest sonne enters and deviseth the whole and dyeth without issue the wife enters into the moity this is good for the whole moity presently and for the reversion of the Dower 24. A man holdeth in Socage and maketh a gift in taile to hold by Knight Service the Donee deviseth the whole Land and after he bringeth a Writ of Mesne against the Donor supposing that he is distreined for fealty by the Lord Paramount and the Donee disclaymeth in the Seigniory and in the reversion the Donee dyeth this is good for the whole of the reversion in Fee-simple after the taile expired 25. Lord two Coparceners Mesnes and tenant holdeth in Chivalry the Mesne in Socage the tenant enfeoffeth one of the Mesnes she maketh a Will of the whole Land and dyeth this is good for the moity for two parts of the other moity 26. Lord Mesne and tenant ut supra the Mesne and a stranger disseise the tenants and make a Feoffment the Disseisee re-enters and deviseth the whole this is good 27. Lord Mesne and tenant the tenant in Chivalry and the over in socage the Mesne hath issue two daughters the one purchaseth the Seigniory the other the tenancy and deviseth it intirely the Mesne dyes the Devisor dyeth for the one moity this is good for the two parts of the other moity 28. Lord Mesne and Bishop tenant each holdeth of the other by Chivalry the Mesne releaseth to the Bishop all his right in the Seigniory and also in the tenancy to hold of him in franckalmoign the Bishop maketh a Feoffment the Feoffee deviseth the whole this is good 29. The Mesne holdeth in Chivalry and he over in socage the Mesne releaseth to the tenant and his heirs all his right in the Land upon condition that if the tenant die without issue the Release shall be voyd the tenant deviseth the whole and dies without issue this is not good but for two parts 30. The Mesne holdeth ut supra and he over in Socage a stranger getteth seisin of escuage homage and fealty by the hands of the Tenant upon whose possession the Mesne Releaseth and after the Peinor releaseth to the Tenant and he maketh a Will of the whole and dyeth this is good but for two parts 31. A man holdeth two Mannors of one Lord in Fee by Knight Service of equall value and one other Mannor of the King in chief in taile of the value of one of the other Mannors and maketh a devise of both the Mannors in Fee-simple and dyeth this is good for the whole 32. Land is given to a man and a Feme sole in Fee and they intermarry and after and before the Statute of Quia emptores they make a gift in Fee to hold of them and of their heirs by Chivalry the husband dyeth the wife confirmeth the estate of the Tenant to hold in Socage the Feoffee deviseth the whole and dyeth this is good for all but the third part of the moity XIIII Where the King or other Lord shall be forced to take the Land in Taile for their third part and where not 1. A Man seised of Land in Fee simple and also in taile amounting to a third part of the Fee-simple and holdeth part of the King in Chivalry in Capite declareth his Will of all this Fee-simple Land his heir within age and inheritable to the Taile the King shall be chased to take the Taile Land for Ward but if no part of his Land be holden of the King but of another Lord or of divers Lords the Lord shall not be compelled to take the Taile Land for his interest of the Ward 2. A man seised of Fee-simple holden
to another in Taile the second donee dieth without issue his wife privement insent the donor deviseth his Fee-simple land and dieth his son within age the issue of the donee is borne the King shall have the land tailed 23. Grand-father father and son the grandfather giveth part of his Fee-simple land to the father in taile the father granteth all his estate to a stranger upon whose possession the grandfather releaseth in Fee with warranty accordingly and dieth the father deviseth all his Fee-simple and dieth the son within age the King shall have it 24. A woman seised of land in Fee-simple taketh husband and they have issue and land is given to the husband and wife in taile speciall and after by Act of Parliament it is inacted that all estates made to the husband shall be void the husband dieth the wife deviseth her intire Fee simple which is holden of the King and dieth the issue within age the King shall not be compelled to take c. 25. A man seised of land in Fee-simple holden c. hath issue a sonne land is given to the father and son and to the heirs of the father and they joyne in a lease for life the remainder to the sonne in Taile the Leasee dieth the father deviseth all the other land and dieth the son within age the King shall not have this land c. 26. A man is seised in Fee and land is given to him and his wife and to their heirs between them lawfully begotten the remainder to the right heirs of the husband the wife dieth without issue the husband taketh another wife and hath issue and deviseth the whole Fee-simple and dieth the issue within age the King shall have this land as intailed and not the Fee-simple XV. Where the King of other Lordin Knight service shall have recompence out of the two parts devised by reason of Eviction or determination of their interest in the third part and where not this division is grounded upon 34. H. 8. c. 5. of Explanation Article the 18th 1. LAnds which were first in Ward to K. H. 8. are in Ward to the King that now is and are recovered against the infant by default in a formedon or other action-reall upon a good title and execution sued accordingly the King shall have recompence according to his losse but if the heir within age or the true Lord of whom the land is held tender a Traverse to an office which hath found a false Tenure for the King and this traverse is found for the party the King shall not have any recompence 2. A praecipe quod reddat is brought against the heir for the land which is assigned to the lord and no Town is mentioned in the writ but the land is well put in view and the demandant recovereth upon a good title and enters the guardian shall not have recompence 3. A man recovereth in the common place the lands of the Ward where no originall writ thereof is brought and enters the guardian shall have recompence 4. A formedone is brought against the heir of the lands in Ward upon a good title of an ancestour in taile being discontinued and the demandant recovereth by triall and before execution he dieth without issue the donor or his heir enters upon the guardian he shall not have recompence 5. The Guardian in Chivalry granteth all his interest in the Ward to another against whom the wife of the ancestor of the heir in Ward recovereth in dower and hath execution the Grantee shall not have recompence for that he is not Lord for the statute giveth recompence only to the Lord. 6. A man recovereth against the heir by formedone in the descender where it should be in the remainder but upon good Title or by writ of Entrie in the post where it should be within the degrees and sueth execution the Lord shall have recompence 7. A man recovereth in ancient Demesne by Writ of Right Close in the nature of a Writ of Right at the Common Law by default upon a good title but soveraignty was taken away where in truth the land lyeth out of ancient Demesne and sueth execution the lord shall not have recompence 8. Land lieth in Wales and Durham and is recovered in the Common Place at Westminster and execution sued the Lord shall not have recompence 9. A praecipe quod reddat was brough for land in Ward against the father of the heir and he voucheth to warranty and at the summoneas ad warrantizandū returned served the vouchee maketh default whereupon the grande Cape ad valentiam issueth and the writ returned served but the Sheriffe returneth that the Tenant was dead and yet judgement was given for the demandant at his perill and he entreth upon the Guardian hee shall not be recompenced 10. The land in ward is parcell of a Mannor which lyeth in Bristoll and out of it and Bristoll hath a Charter from the Kings Progenitors that the Burgesses shall not be impleaded out of the Towne for any freehold within the Towne but shall be impleaded thereof before the Bailiffes there and the heir is one of the Burgesses and is impleaded for the whole Mannor in the Common Place and a recovery by default and execution sued the Lord shall have recompence 11. A widow hath title of Dower against the Guardian and she releaseth to him all the right and contrary to her release she bringeth a writ of Right of Dower against him and recovereth he shall not have recompence 12. A praecipe quod reddat is brought against the heir he voucheth the Guardian by reason of a warranty mad◠〈◊〉 himself or his ancestor the Guardian enters into the warranty and after the demandant releaseth all his right to the Tenant and to the Vouchee and delivereth it to the Vouchee and he doth not plead it but acknowledgeth the action of the demandant and he recovereth and entreth the Guardian shall not have recompence 13. The King hath land for his part which is holden of another by Chivalry and heretofore the Lord brought a writ of Cessavit against I. S. then Tenant upon a Cesser and hanging the writ I. S. inseoffeth the father of the Ward and the demandant accepteth homage of the father and notwithstanding recovereth against I. S. and now he enters upon the heir in the possession of the King he shall be recompenced 14. The Lord hath a Mannor in Ward which extendeth into two Counties and recovery is of the whole Mannor in one County onely against the heir or against his father and the recoverour enters into the whole the Lord shall have no recompence but for the part well recovered otherwise it is where an Assise is brought in D. and maketh a Plaint of a Mannor and parcell of a Mannor which lieth in S. is put in view and after the plaintise recovereth and enters in the land in S. he shall be recompenced 15. Before the statute of 27 H. 8. the Feoffee to an
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 〈◊〉 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
was Riotous and of leud Demeanour the father in his life giveth the land freely to a stranger in Fee to the intent to disinherit him and his heirs and his bloud for ever without any hope to have the land againe 21. The issue in a right of Ward is if the conveyance were made by Coven to defraud the Lord of the Wardship and it is found by verdict partly to the intent to defraud the Lord and partly for affection which he did bear to the Feoffee the ancestor in his life executeth an estate accordingly this Coven is not well found 22. Tenant of the King of Knight service in Capite seised also of other land holden of another Lord in Chivalry and it is found that he made a fradulent conveyance of the land holden of the other Lord to the intent to defraud the right Lord of this Wardship the King by that shall have the Wardship of the whole inheritance 23. Coven is found for the King in one County and lands in other Counties depend upon the same conveyances and so found yet this is not sufficient for the lands in other Counties 24. Tenant in Chivalry enfeoffeth another by Collusion the Feoffee in accomplishment of the Collusion executeth an estate to the Feoffor for life the remainder in Taile to his eldest son within age the Feoffor dieth the heir within age the Lord may enter in this case without being compelled to his writ of right of Ward Quaere 33. H. 6. 14. B. Andrew Woodcocks case 25. Tenant in Chivalry enfeoffeth another by Collution to the intent to enfeoff the heir at full age and dieth before the estate executed and the Feoffee enfeoffeth another bona fide yet the Lord in right of the Ward shall averre this Covin and recover the whole land 26. Tenant in Chivalry of a common person enfeoffeth one by Collusion and after he purchaseth land holden in Knight service in Capite and dieth this matter is found by office the King shall have the Wardship of the whole 27. Tenant in Chivalry seised also of Socage land holden of the same Lord maketh a feoffmenr of the Socage by Collusion to defraud the Lord of the reliefe and after declareth his will of the whole land in Chivalry and dieth the Lord shall not avoid the will of the whole land by this Collusion but only of a third part and of this part the heir shall have the Fee-simple at his full age otherwise it is where the estate is executed in the life of the Devisor although that it be by Covin 28. Tenant of the King in Capite conveyeth divers fraudulent estates to the intent to defraud the King c. And the King granteth a pardon for the alienation yet the King shall averre the Covin for the Ward 29. Tenant in Chivalry by fraud infeoffeth one the Feoffe is disseised and after the disseisin hee giveth notice of the Covin to the disseisor whereupon the disseisor and disseisee by deed with a letter of Attorney convey the estate to the Feoffer with remainder over c. this is not Covin 30. Tenant in Capite by fraud enfeoffeth his daughter upon condition she is ravished and consenteth to the ravishour whereby the son and heir of the Feoffer being within age enters and the father dies this is not Collusion 31. Tenant in Chivalry procureth a stranger who hath good title of action to the Land but his entry is taken away to the intent that he shall recover and that after the recovery and execution had he shall convey an estate by fraud and a recovery is had by confession accordingly and execution sued and estates conveyed accordingly this cannot be intended and averred for Covin 32. Tenant in Chivalry by secret Covin enfeoffeth a Villeyn to the intent to convey fradulent estates c. the Lord of that Villeyn entreth as in land purchased by his Villeyn and after the Feoffer himselfe notifieth the intent of the feoffment to the Lord of the Villeyn requiring him to execute the state accordingly and so he doth this is not Covin XIX Where the King shall have the reversion of Tenant in Dower or of the joynt tenant who surviveth if they die during the minority of the heir of the Devisor and where not XX Where the Reversion and title of the Donees Feoffees Leasees and Devisees shall be saved after the interest and title of the King or other Lord determined XXI Where the Donce or Devisee who hath lost the Lands or Tenements to him given or divised or part thereof by reason of wardship shall have contribution by bill in the Chancery against the other Donces or Devisees and where not 1. BAstard eigne entreth after the death of the ancestor and being seised also of other lands by purchase deviseth these by his Will to diverse persons and the land discended hee deviseth to the Mulier puisne and dieth his issue within age the Lord taketh for Wardship part of the land purchased and devised and sueth the Mulier for contribution he shall not have it 2. An insant maketh a feoffment by letter of Attorney the Feoffee seised of other land by indeseasible indefeasible title deviseth all to severall persons and dieth the land by indefeasible title is devised from the devisee for Wardship and after the insant at his full age releaseth all his right to the devisee of his land the other shall have contribution 3. A Disseisor seised also of other land by good title deviseth the whole to severall persons and dieth and one of the devisees hath part of his land taken for Wardship and the devisee of the land whereof the disseisin was made is disseised by a stranger upon whose possession the first Disseisee releaseth all his right the other devisees shall have contribution against him 4. A feoffment is made with warranty to the Feoffee and his Assigns the Feoffee is seised also of other lands deviseth the whole to driverse persons severally and dieth the devisee of the land which is warranted is impleaded and by voucher recovereth other land in value against the warrantor and after one of the other devisees looseth by writ of right of Ward he shall not have contribution 5. Leasee for life granteth over his estate upon condition the condition is broken and the grantee alieneth the land in Fee whereupon the Leasor entreth for forfeiture and after hee being seised of other lands deviseth them to another and dieth his heir with in age the devisee entreth and the Guardian taketh part from the devisee and he sueth for contribution against the Leasee he shall not have it 6. Two joynt Tenements and to the heirs of one of them he who hath the Fee deviseth this land to his companion in Fee and deviseth his other land to others who lose by Wardship he shall not have contribution 7. A Leasee for life the remainder for life the remainder to the right heirs of the Leasee the Leasee reciting this estate granteth
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
oath or in decies tantum or are ambo-dexters this is not a good enquiry by this Statute 10. But if the inquest be taken by twelve in number above the persons attainted then this shall be a good enquiry by this Statute 11. If one of the Jurors by whom the enquiry is taken hath not Lands or Tenements but to the value of 40 s. per annum and that joyntly with another yet the enquiry so taken is a good enquiry by this Statute 12. If one of the Jurors had but a Rent of 40 s. per annum issuing out of Land which is worth no more but 40 s. per annum yet the enquiry made is a good enquiry by this Statute 13. If it be found by inquest that I. S. was seised untill by I. D. disseised with force by this enquiry I. S. shall have restitution 14. The same Law is if it be found that I. S. was seised untill by I. D. disseised peaceably which I. D. holdeth with force in this Case I. S. shall have restitution 15. If the father die and a stranger enters by abatement and detaineth it with force all which matter is found by enquest yet the sonne shall not have restitution by this Statute 16. The same Law is if it be found by inqnest that I. S. was seised untill I. D. entered upon him with force I. S. in this Case shall have restitution by this Statute 17. If it be found that the father made a Lease for years and dyed the yeares expired and before any entry made by the sonne such a force is committed the sonne shall not have restitution by this Statute 18. A man seised of Land hath issue a daughter and dyeth his wife grossement inseint with a sonne the daughter is ousted with force and after the sonne is born and all this matter is found by inquest yet the sonne shall not have restitution but the daughter shall have it 19. If it be found by inquest that I. S. was seised untill by I. D. disseised and that I. S. ousted I. D. with force in this Case I. D. shall have restitution 20. If it be found that I. S. was seised untill I. D. ousted him with force and also that I. D. was so seised untill by I. N. disseised with force there I. D. the first Disseisor shall have restitution by this enquiry against I. N. and thereupon I. S. shall have restitution also against I. D. and all upon the same verdict 21. If it be found by severall enquiries that a man is ousted with force by severall persons at sundry times of one and the same thing each inquest is good and he may have restitution upon any of them at his pleasure but if he had restitution upon one of them then he shall not have restitution upon the other of them by this Statute 22. If it be found by severall enquiries that is to say by one inquest that I. S. is ousted with force and by another inquest that I. D. is ousted with force and all of one and the same Land there each of them may have restitution by these enquiries c. 23. If it be found that I. S. was seised for the term of A. and he is ousted with force by B. and that A. is now dead yet I. S. shall have restitution by this inquiry 24. If it be found that two Ioynt-tenants were ousted with force the one may have restitution upon this enquiry without his companion 25. If it be found that the father was seised untill ousted with force and dyed before any entry or restitution yet the sonne shall not have restitution by this Statute 26. The same Law is if a man be possessed of a Lease for years and is ousted thereof with force and dyeth before restitution yet his Executors shall not have restitution by this enquiry 27. If Leassee for life the remainder over in fee be and the Leassee is ousted with force and all this matter fouud by inquiry of the force he in the remainder shall not have restitution by this enquiry 28. If it be found by inquest that I. S. was seised untill by I. D. he was ousted by force but the enquiry is not made at the request of I. S. yet he shall have restitution by this enquiry 7. E. 4. 18. a. 29. If the Sheriff return the Iurors impannelled in 40 s. lesser issues then is comprised within the Statute yet the enquiry is good and the party ousted shall have restitution by this Statute 30. If the Iurors by whom the inquest is taken have not Lands or Tenements to the value of 40 s. per annum yet the enquiry is good and the party shall have restitution c. 31. If it be found by enquiry upon this Statute that the Land out of which one hath rent or common issuing is detained with force so that hee cannot have this rent or common yet hee shall not have restitution by this enquiry 32. If the Lord loose his Ward for that that he married him within the age of 14 years to his disparagement and after during the minority of the Heire the Land is detained with force whereby he cannot distraine for his Rent and all this matter is found by enquiry yet the Lord shall nor have restitution by this enquiry 33. The husband and wife before issue had are ousted with force and then have issue the wife dyeth the husband by enquiry shall have restitution c. 34. If Leassee for life be ousted with force and the Leassor entreth for the condition broken and all this matter is found by inquest yet the Leassee shall have restitution by this enquiry by c. 35. The same Iustices of Peace may before that enquiry be taken put the party in possession againe without any Writ but no other Iustices can doe it without Writ 36. The Iustices of the same County the record being before them may award Execution by Writ although they be not the same Iustices before whom the enquire was taken but not without the same Record 37. If the Iustice who took the inquest be dead before restitution be made yet the Iustices having the Record may award Execution by this Statute 38. The Iustices of the Kings Bench having the Record before them removed may award Execution by this Statute by Writ but not otherwise 39. If it be found that such a one is ousted with force whereby he is restored to the possession and after is ousted with force againe by the same party he shall not have restitution again by the same enquiry THe Statute goeth further that if any person be ousted or disseised of any Lands or Tenements or ousted peaceably and after detained with strong hand and armes out c. This branch as it appeareth Ordaineth That if any person be ousted with force or peaceably and after holden out with force hee shall have an Assise of Novel disseisin or a Writ of Trespasse against the Disseisor and this being so found the party
and before attornment the Grantor becommeth of non sane memory and being so the Tenant attorneth this is not well executed 14. A man seized of Land in Burrough English in Fee hath issue a sonne and the sonne assigneth the Land of his father to his wife ad ostium Ecclesiae ex assensu patris and after the sonne dyeth and also the Father dyeth his wife with child with a son the sonne is born the wife shall retain her Dower 15. A man seized in Fee assigneth his Land to his wife ad estium Ecclestae for her Dower the Remainder over in Fee and the Land is within the view this Remainder is not well executed 16. A man seised of a Mannor to which an Advowson is appendant maketh a Feoffement of one Acre with the Advowson and maketh Livery of the whole yet without Deed the gift is not well executed 17. A Lease is made for life the Remainder over for life the Remainder to the right Heirs of the Leassee for life he grants his Remainder this is well executed without any Attornment 18. A man grants his Reversion in Fee and before Attornment he commits Felony after which the Tenant attorneth and after the Grantor is attainted by verdict the Grant is well executed in the Grantee 19. A Leasee for life maketh a Lease for years to the Leasor and after the Leasor maketh a Feoffment in Fee and the Leasee enters upon the Feoffee this gift is not lawfully executed for the Fee-simple in the life of the Donor 20. Three Joynt-tenants make a Lease for life after one of the Leasors releaseth to one of his companions in Fee and the Leasee doth not attorn in the life of the Releasor this is not lawfully executed 21. A man maketh a Lease for years and after he maketh a Feoffment thereof and Livery and Seisin by a clod of earth without putting out of the Termor and without attornment of the Termor this is not well executed 22. A man seised in Fee of Land in Possession and also in use in divers Towns within one County and before 27. H. S. he maketh a gift in Taile of his Lands and maketh Livery of that which he hath in Possession in the name of the Land in use it is not lawfully executed 23. A man maketh a Feoffment to two upon condition that they shall make a gift in Taile to the younger sonne of the Feoffer and his wife and the one of the Feoffees maketh the gift this is not well executed but that the Feoffor may re-enter into the whole 24. A man maketh a Deed of Feoffment with a Letter of Attorney to make an Estate to John S. Knight and in truth he is not a Knight and after he is made a Knight and then the Attorney maketh Livery to him secundum formam Chartae this is well executed 25. A man maketh a Deed of Feoffment to one and commeth within the view of the Land and saith unto him goe and enter into the same Land and hold it to you according to his Deed and delivers it and in going to the Land the Feoffee dyeth this is not well executed in the life of the Feoffor 26. An Infant maketh an assurance by Fine and within age bringeth a Writ of Errour to reverse the Fine and dies the Writ depending this is lawfully executed and shall not be defeated 27. A man maketh a Feoffment at this day to two to the intent that they shall stand and be seised to the use of the Feoffer untill one of the sonnes of the Feoffer marrieth with A. S. the daughter of I. S. and when he doth marry the said A. that then he shall be seised to the use of the said sonne and A. in taile and after they intermarry this is a good estate taile executed 28. A. is seised in Fee of Whiteacre and B. also seised in Fee of Blackacre in one County and they are agreed to make an exchange by parole A. enters into Blackacre and maketh livery to B. of Whiteacre and B. dyeth this is not well executed 29. The heire in Chivalry of Land holden of the King in Capite being in ward by office at full age before livery sued maketh the gift in taile to his younger sonne this is not lawfully execured 30. Land is given to two men in taile the remainder to the survivour of them in fee they both joyne in grant of this remainder and after the one dyeth and the other dyeth this is not well executed 31. Lord and Tenant the Tenant maketh a Lease for life the Lord granteth the Seigniory to the Leasee in fee the Leasor attorneth the Leasee granteth over the Seigniory in fee and the Leasor attornes and payes rent to the Grantee the Grantor dyes this is not good 32. A man hath a rent-service and a stranger claiming the rent as Lord obtaines the possession thereof unto whom the Lord releaseth all his right this is well executed 33. A man maketh a gift of his Land upon condition rhat at what time that the Donor shall purchase Rent of 20. s. per annum that then the Donee shall have Fee and the Donor is Joynt-tenant wirh another of the yearly Rent of 40. s. and he obtains a release from him the Donee hath not the Fee-simple well executed 34. He in Reversion suffereth a common recovery against him and dyeth before the Leasee this is not well executed 35. Tenant in Taile to him and to his Heirs Males the Remainder to his Heirs Femals he maketh a Lease for life and dyeth his issue Male releaseth to the Leasee in Fee with warranty and he hath issue a Daughter and dyes without leaving assets this is well executed for ever and no remedy for the Daughter 36. A man seised of a Rent exchangeth the Rent by Deed with another who is seised of two Manors for the one of them at the election of him who hath the Rent and he entreth into one of the Mannors and the Tenant of the Land attorneth to the Grantee of the Rent in the life of the Grantor this is well executed Of Tenures X. What shall be said a Tenure in chief of the King and what not and what shall be said a Tenure by Knights Service of a common person and what not 1. THe King giveth Lands to one in Fee to hold of him this shall be a Tenure in Chiefe by Knights Service 2. The same Law if he give Land to hold of him as of his Crown of England 3. The King makes a gift in Fee To have and to hold sibi heredibus adeo libere prout aliquis Tenere potest absque aliquo reddendo seu faciendo this is Tenure in chief by Knights Service 4. The King makes a gift of Land parcell of his Dutchie of Lancaster in Fee to hold in chief this is not Tenure in Capite 5. A man holdeth of the King as of an Honour or Mannor and the King granteth licence to his Tenant to enfeoffe
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
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
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 〈◊〉 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 〈◊〉 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
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
the husband prayes in aide of a stranger the Leassor enters the husband dies this is not such an expulsion whereby she shall have Dower 21. A. maketh a Lease for years and after ousteth the Termor and gives the Land to a Feme for life before marriage for c. the husband and wife are disseised the husband dies the Termor enters this is a lawfull eviction whereby shee shall have Dower VII What shall be said an expulsion or eviction of her Jointure without fraud or covin by lawfull action or discontinuance of the husband and what not within the fourteenth Branch of this Act. 1. A Lease for life is made to the husband the remainder to his wife and I. D. successive for their lives for c. the husband felleth Trees and 〈◊〉 the wife enters the Vendee cuts them the Leassor recovers in a Writ of Waste and hath Execution this is an eviction by lawfull action and yet the wife shall not have a Writ of Dower 2. A Signiory by fealty and rent is given to Baron and Feme in Taile before marriage for c. the remainder in Fee a Tenancy escheateth the husband leaseth the Signiory to A. who recovereth in a Cessavit and dies his heir enters the husband dies this is an eviction by lawfull action and the wife shall recover but an Estate for life to the value of the Tenancy 3. An Infant having a Reversion depending upon an Estate for life disseiseth Tenant for life and maketh a Feoffment and at his full age the Feoffee giveth the Land to him and his wife in Taile for c. Tenant for life bringeth a Writ of entry sur disseisiu and recovers the husband dies Tenant for life releaseth to the wife this is not an eviction by action whereby c. 4. A Lease is made to a Feme for life before marriage for c. the remainder in Fee a praecipe is brought against the husband and wife they pray in aide of a stranger he in remainder bringeth entry ad communem legem by covin of the wife and recovereth the husband dyes the wife enters he who recovereth enters this is not c. 5. Tenant in Taile of a rent purchaseth the Land out of which c. in Taile and giveth it to Baron and Feme for their lives for c. 50 years expire Tenant in Taile and the husband die the wife enters the issue bringeth a Formedone of the rent and recovereth and is put in execution this is an eviction and the wife shall have to the value of the rent 6. Land is granted to Feme covert for life for c. he in reversion grants it by fine the Conusee bringeth a scire facias the husband claimeth Fee and it is found against him whereby judgement is given the husband dies the wife enters the Recoveror enters this is not an eviction c. 7. Tenant after possibility of issue extinct the remainder for life is disseised and releaseth to the Disseisor who dies his heir gives the Land to husband and wife in Taile for c. Tenant for life bringeth a consimili casu and recovers the wife enters this is not an eviction c. 8. An Infant giveth a Parke to a Feme covert for life for c. without impeachment of Waste the remainder to two men and the heirs of their bodies the game is destroyed the husband dies the wife enters they bring a Writ of Waste the wife pleadeth nul Waste c. whereby they recover this is a lawfull eviction but shee shall not have a Writ of Dower 9. Land of the value of 20 l. per annum is granted to a Feme for life rendring 10 l. per annum c. she marryeth he who hath right recovereth the Land by Covin of the husband and hath execution the husband being Tenant in Taile dies having Land to the value of 10 l. per annum the wife shall have it discharged of the rent 10. Leassee for life rendring rent the Leassor disseiseth him and maketh a Feoffment the Feoffee dies his heir giveth the Land to the Leassor and his wife in Taile for c. Tenant for life bringeth a Writ of Entrie in the Post and recovereth and hath execution the husband dies the wife shall have Dower and shall recover for her life the rent not recovered in value 11. I. D. hath issue two sonnes and dies the elder sonne makes a Lease for years and hath issue a daughter and dies the younger sonne ousteth the Termor and dyeth his issue giveth the Land to husband and wife for their lives c. before marriage the Termor brings an ejection firme and recovers and enters this is not an eviction by lawfull action but yet the wife shall have Dower 12. Disseisee giveth Land to Husband and Wife rendring Rent and for non-payment a re-entry for c. a praecipe is brought against them by a stranger they vouch a stranger the Disseisee releaseth to the Vouchor the Demandant is non-suit the Disseisee bringeth an action by Covin of the Husband and recovereth and hath Execution this is a lawfull eviction c. and the Wife shall recover only for life discharged of the Rent and of the condition 13. Land is given to I. S. and to her who shall be his wife before marriage they marry the husband dies the Wife enters this is an eviction c. 14. I. S. seised of Land grants a rent out of it after this Statute to a woman in Taile for c. they marry the See 32. H. 8. cap. 28. husband bargaines and sells the Land to the King who dies the husband dies this is not a discontinuance and yet the wife shall have an action to recover Dower 15. Land is given to I. S. for life the Remainder to her who shall bee his wife for life for c. before this Statute they inter-marry the Husband gives the Land to a stranger in Fee who dies the husband dies this is an eviction by discontinuance and the wife shall have Dower 16. Land is given to Baron and Feme before this Statute in Taile for c. the Husband before this Statute enfeoffeth the Donor and I. S. the Donor and the Husband die this is an eviction by discontinuance wherefore c. 17. Land is given to I. S. and a Feme sole for their lives for c. the Feme marryeth I. S. maketh a Feoffment upon condition and enters for condition broken the husband purchaseth the Reversion I. S. dies the husband enters and grants a moity to one for yeares and if hee pay 20 l. at Michaelmas that hee shall have Fee the Husband dies before the day the money is payd this is c. 18. Land is given to a Feme before Coverture for life for c. the Remainder to the right Heires of I. S. who is in life the Husband being an Infant gives the Land to I. D. for the life of the Wife the Remainder in Fee the Husband dyes
this is no eviction by discontinuance whereby c. 19. Land is given to a Feme before coverture for life for c. he who shall be her Husband disseiseth her she marries the Husband makes a Lease to A. for life and granteth the Reversion to B. in Fee who grants it to C. A. and the Husband dies this is c. 20. Land is given to I. S. and his wife before coverture in Taile for c. the Remainder to the King the Husband is non compos mentis and levieth a fine before this Statute and dies this is an eviction by discontinuance 21. Land is given to I. S. for life the Leassor disseiseth him and giveth the Land before coverture to the wife for life for c. a stranger confirmeth her Estate with Wartanty I. S. bringeth a praecipe and recovereth the wife hath in value the Husband and he in Reversion make a Feoffment before the Statute the Husband dies this is not an eviction by discontinuance of the Jointure and yet she shall recover Dower VIII What shall be said a Jointure assured before Marriage and what shall be a Jointure assured after Marriage c. 1. A Signiory by fealty and rent before Marriage is granted to Baron and Feme for c. they marrie a Tenancie escheateth the husband enters and dyes this is a Jointure in the Tenancy assured before marriage 2. I. S. contracts with A. and before marriage concludes with B. that hee will recover the Mannor of D. and that this shall bee to them in Taile for c. B. bringeth a Writ of Entrie which is returned they marry B. recovereth and enters this is a Ioynture after marriage 3. I. S. Leaseth to two for yeares rendring Rent and grants the Reversion to Husband and Wife for their lives for c. one Attorneth before marriage and the other after marriage this a good Ioynture before marriage 4. I. S. Gives Lands in Taile to Baron and Feme before marriage with Warranty for c. they are impleaded and loose and have in value after marriage this is a Ioynture assured before marriage in the Land recovered in value 5. I. S. enfeoffeth I. D. to the use of himselfe untill he marry and after that he marrieth then to the use of her who shall be his wife for her life for c. this is a Ioynture after marriage c. 6. I. S. grants Land to a Feme for 10 years and if he after marry her then she shall have it for her life for c. they marry this is a Ioynture before marriage 7. I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives for c. they intermarry the Deed is inrolled this is a Ioynture before marriage 8. After affiance betwixt I. S. and A. S. they conclude that a fine shall be leavied of the Mannor of D. for c. the Note is acknowledged before the Chief Iustice they marry and after a Writ of Covenant is brought and a fine levied this is a Ioynture after marriage 9. I. S. and A. marry before years of consent Land is given to them for their lives for c. at the yeares of consent they agree this is a Ioynture after marriage 10. I. S. maketh a Deed of Feoffment to A. with a Letter of Attorney which Feoffment A. doth expresse to be to the use of himselfe and her who shall be his wife for their lives for c. they marry the Attorney maketh livery this is a Ioynture after marriage 11. I. S. disseiseth one to the use of A. and B. whom he intends shall marry for a Iointure c. A. and B. enter and after the Disseisee releaseth to the wife for her Ioynture this is a Ioynture after marriage 12. Land is given to A. S. and her who shall be his wife for c. they marry the wife enters this is a Ioynture in the moity which she shall have by survivor and before marriage 13. A. deviseth that his Executor shall give the Mannor of D. to I. S. and A. D. who shall be his wife for their lives for c. they intermarry the Executor grants the Mannor accordingly this is a Ioynture before marriage IX What shall be said a refusall of her Joynture intended by the Statute and what not what shall be said an agreement c. and when the refusall to the agreement shall be peremtory to the party although an Infant or a Feme Covert Refusall and agreement ought to be certaine and cannot be by implication where it standeth indifferent 1. LAnd is assured during the coverture to Baron and Feme for their lives for c. the wife enters not a praecipe is brought against her she disclaimeth or pleadeth non-Tenure this is a refusall of the Ioynture 2. Land is given to husband and wife for their lives for c. the husband dies the wife bringeth a Writ of Dower and appeareth in person or by Attorney authorized this is a refusall otherwise if she doth not appeare in person nor by Atterney and if she sue the Writ and the Tenant is not summoned this is no refusall otherwise if the Tenant were summoned 3. Land is assured to husband and wife for c. the heir cometh to the wife and demands if she will have her Ioynture and she sayes that she will not have it or if she say so to a stranger this is not a refusall peremptory but if she saith so upon the Land whereof she is Dowable to the heir and prayeth him that he will assign her Dower this is a refusall peremtory to the Ioynture c. 4. A house is assured to a husband and wife for c. the wife immediatly upon the death of her husband departeth from the house which was assured to another house this is no refusall 5. Land is given to husband and wife rendring Rent for c. the husband dyeth the Rent being arreare is demanded the wife refuseth to pay it yet this is not a refusall of the Ioynture X. What is an agreement and how this ought to be after Coverture 1. LAnd is given to Husband and wife for their lives c. the husband and wife levie a fine to a stranger the husband dies this is no agreement c. 2. Land is given to Husband and wife being Infants for c. the husband dies the wife being within age takes another husband she taketh the profits or maketh a Lease before Entrie or grants a rent out of it this is c. 3. Land is given to husband and wife for c. he dies the wife before entry granteth a Rent out of all her Land in D. where she hath no other Land but her Iointure there yet this is no agreement But if she grant a Rent out of her Jointure specially this is an agreement 4. Land is given to husband and wife for