they are Coparceners 27. A Lease is made to two for term of their lives and to the longer liver of them they make partition by Deed and after they cancell the Deed and destroy the partition and occupy in common as before the Leasor confirms their estates in Fee they are Tenants in Common 28. Two Joint-tenants are seised of three Mannors of equall value and make a Feoffment of two of them to two other men and the one warrants the one Mannor to one and the other to the other and after the Feoffees are impleaded and they vouch severally the Feoffers and recover the third Mannor in value for that they cannot barre the demandant they shall be severall Tenants of this Mannor 29. Land is given to two Habendum eis that is to say to the one of them in taile and to the other in fee hee who hath the Fee deviseth the whole and dyeth this is not good for any part 30. I. S. hath a Villain and I. D. hath another Villain the two Villaines purchase Land joyntly in Fee and I. S. and I. D. enter into it together they are Tenants in Common VIII What Devises of Reversions or Remainders or of Rents or incidents to Reversions or Remainders shall bee good and what not 1. THe Lessor disseiseth his Lessee for life and makes a Lease for life to another for term of life of the first Lessee the remainder over in Fee the first Lessee enters yet he in the remainder may devise his remainder 2. The reversion of Tenant for life is granted by fine the Conusee brings a Quid Juris clamat against the Lessee who claymeth Fee whereupon they are at issue and after before the tryall the Lessee waveth his plea and confesseth c. the Conusee enters upon him and he re-enters the Conusee deviseth the reversion this is not good 3. A Lease is made for life the remainder for life he in the remainder enters upon the Lessee the Lessor deviseth the reversion and the Lessee for life dyeth and after the Lessor dyeth this devise is good 4. A man makes a Lease for years upon condition that if the Lessor disturbe the Lessee within the term that the Lessee shall have Fee and maketh Livery accordingly the Lessor disturbeth the Lessee for Rent where none is arrear and after he deviseth his reversion this is not good 5. Bastard eigne enters after the death of the Ancest our and Assigns Dower to the mother and dyeth seised of the reversion and hath issue the Mulier puisne deviseth the reversion of the Tenant in Dower this is good 6. A Lease is made for life the remainder over in Fee reserving Rent by Indenture and for default of payment that it shall be lawfull to the Lessor to enter and detaine during the life of the Lessee he re-enters for the Rent arrear he in the remainder deviseth the remainder this is not good 7. A Seigniory is granted for life the remainder over in Fee the Tenant attorns after the Tenant is attainted of Felony and hanged the Grantee for life enters not into the Land he in the remainder deviseth his remainder of the Land this is not good 8. A man seised of a Rent makes a Deed reciting that whereas I. S. holdeth the said Rent of his Grant for term of life he grants the Reversion of the said Rent after the decease of I. S. to the Grantee and his Heirs in Fee and in truth I. S. had nothing in the Rent the Grantee deviseth this Rent this is not good 9. A man maketh a Lease of two Acres reserving Rent and hath issue two daughters and dyeth the daughters make partition of the Reversion so that the Reversion cum pertinent of one Acre is allotted to one and the other to the other they severally devise the Rent this is not good 10. Land is given to two habendum to the one for life and after his decease to the other in Fee he who hath the Fee deviseth his Reversion this is good 11. Land is given to two and to the heirs Males of their two bodies begotten quod quisquis eorum diutius vivet gaudebit tetam terram sibi haeredibus suis imperpetuum and one dyeth the Survivor may Devise the Fee-simple of the intire Land 12. Land is given to one for life quod post ejus mortem terra praedicta shall descend to I. S. in Fee he may devise this remainder 13. The Husband endoweth his Wife ad ostium Ecclesiae and after is attainted of Felony and dyeth the Wife enters the Lord of whom the Land is holden deviseth the Reversion this is not good 14. Seignioresse and Tenant the Tenant makes a Lease for four years if the Seignioresse so long shall live the Termor marryeth with the Seignioresse and they have issue the Wife dyeth the Husband continueth in the Services clayming by the Courtesy the issue deviseth this Reversion of the Seigniory this is good 15. A Lease is made for life the Remainder in Fee to the Wife of the Devisor she surviveth and deviseth his Remainder this is good 16. A Lease is made dummodo solverit to the Leasor for the life of the Leasor 10. l. the Leasor diviseth the Reversion with the Rent this is good 17. An Ancestor Collaterall of the Disseisee releases to the Disseisor with warranty and before the death of the Ancestor the Disseisor makes a Lease for life and after the warranty descendeth upon the Disseisee he enters the Leasee re enters the Disseisor deviseth his Reversion this is good 18. A Lease is made to an Infant or Feme sole for life the Remainder in Fee the Infant at his full age or the Feme after Coventure disagree he in the Remainder deviseth his Remainder this is good 19. A man seised of two Acres in severall Towns in one County that is of the one for life and of the other in Fee and maketh a Feoffment by Deed of all his Lands in the same County and makes Livery in the Acre in Fee in the name of both the Leasor deviseth the reversion of the Acre for life this is good 20. An Abator indoweth the Wife of the Ancestour of a third part the Heir recovers the other two parts against the Abator the Abator deviseth the Reversion of the third part which the Wife holdeth in Dower this is good 21. A man grants a Rent charge out of Land deviseable to one for life the Remainder over to the Grantor and his right Heirs the Grantor deviseth the Land to a stranger in Fee and dyeth the Heir of the Devisor deviseth the Remainder of the Rent in Fee this is good 22. A man seised of two Acres the one at the Common Law the other in Borough English maketh a Lease of both rendring a horse and hath issue two sonnes and deviseth the Reversion of the Acre in Borrough English with the horse this is good 23. A Villain purchaseth Land in Fee and dyeth without
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
enters he in reversion confirmeth the Estate of the wife for her life for c. I. S. and I. D. die the wife shall have both Jointure and Dower 6. Grandfather father and sonne the father disseiseth the grandfather and taketh a wife the father surrendreth certaine Coppy-hold land to the use of himself and his wife and the heirs of the husband for c. the father dyes the sonne enters the grandfather dyes the wife shall have this Jointure and Dower but not of this Land 7. Disseisor granteth a rent charge in Fee to I. S. and is disseised by A. I. S. takes a wife the first Disseisee releaseth to A. who payes the rent I. S. deviseth all his Tenements to his wife for her Iointure having no Tenements but the rent and after purchaseth the Mannor of D. and dyeth the wife shall not have this Iointure nor Dower of the rent 8. Land is devised to A. upon condition that he shall grant a rent of 10 l. per annum out of it to I. S. and his wife for c. he granteth it and dies I. S. maketh a Feoffment reserving the first 20 years a Rose and after 20 l. and dies within the 20 yeares the wife bringeth a Writ of Dower the Tenant pleadeth unques seisique dower this matter is found the wife shall have Iointure and Dower 9. Land is given to husband and wife in Taile with Warrantie they loose and recover in value against him who hath nothing the husband and I. S. being Ioint-tenants agree by Deed that after 5 years ended they shall hold in severalty the husband dies within the 5 years the wife hath Dower assigned she shall have both 10. Disseisor maketh a Lease for years to I. S. the Disseisor and Disseisee release to him and his heirs so long as D. hath issue of his body Land is given to I. S. and his wife and to the heirs of the survivor for c. with a grant that if they are evicted that they shall enter into the Mannor of D. and detain it untill they assure so much in value for c. the jointure is evicted the husband enters and dies the wife enters she shall have this Land and Dower and so she should if other Land were assured to her for it 11. A. grants a rent in Fee to I. S. who taketh wife the father of the wife is Disseised the Disseisor dies a Collaterall Ancestor releaseth with Warranty and dies the father dies the heir grants the Land to I. S. and his wife for c. the husband dies his heir bringeth a Writ of Annuity the wife shall have this Land and Dower of the rent 12. Tenant for life and he in the Reversion grant a rent charge of 10 l. to I. S. in Fee a Seigniory by fealty and rent is granted to I. S. and his wife for c. the wife elopeth from her husband the husband dyeth the Tenant atturneth to the wife this is no joynture and yet she shall not have Dower 13. It is enacted by Parliament that all Lands which I. S. purchased shall be to the use of I. S. and his heirs Land is given to I. S. in Fee to the use of himselfe his wife and his heirs for c. the father of I. S. is disseised and dyeth I. S. enters and dies the wife shall not have this Joynture nor Dower of the Land but Dower of the Land purchased 14. Lord and Tenant the Tenant is attainted of Felony and committeth treason for which he is attainted the Lord enters and gives the Land to the Tenant and his wife for years upon condition that if the Lord doth not pay 20 l. to the husband and wife at a certain day that they shall have it in Taile for c. the husband dies before the day the money is not paid this is a Joynture and the wife shall not have Dower 15. A. enseoffeth I. S. and B. and makes Livery to I. S. who taketh a wife Land is given to them in speciall Taile for c. they levie a fine I. S. dies a pracipe is brought against B. he disclaimes the heir of I. S. enters the wife shall not have Jointure nor Dower of the Land but of other Land she shall have Dower 16. A Signiory is given to husband and wife for their lives for c. the Tenant aliens in Mortmaine the husband enters and dies the wife enters and challengeth Dower the heir assigneth Dower the wife shall have this Land and Dower to her assigned 17. Two Infants enseoffe the husband of one to the use of the wife for c. the other to the use of the husband of her who did limit the use to the other the husband dies the other releaseth to the husband and wife in taile the husband dyeth seised of Land in Fee the wife brings Dower he pleads unques accouple in loyall Matrimony the Bishop certifieth the contrary she shall have Dower and Jointure 18. A seised of Lands in Gavil-kinde taketh a wife Tenant for 40. yeares grants his Estate to the wife for 21. years the Lessor releaseth to the wife for life upon condition that if he pay 10 l. at a certaine day that then c. the husband dyeth she taketh another husband they bring a Writ of Dower and are barred the Lessor payes the money and enters the wife shall not have Iointure nor Dower 19. I. S. disseiseth one to the use of A. Tenant for life and he in Remainder in Fee grant Land to I. S. in Fee Tenant for life to the use of his wife for her life for c. he in Remainder to the use of I. S. in Fee I. S. dyeth the heir of A. enters the wife shall have this Iointure and Dower also 20. A rent charge issuing out of Lands in severall Counties and in the hands of severall persons is granted to husband for life the Remainder to his wife for her life for her Iointure the husband dies the Tenant attorns to the wife she shall not have this Iointure nor Dower VI. What shall be said a Lawfull expulcion or eviction of a Jointure or any part thereof by Lawfull entrie without fraud or covin intonded by this Statute and what not 1. Disseisor grants a Rent Charge to husband and wife for their lives c. and is disseised the husband disseiseth A. of 20 Acres and hath issue an Infant and dies the wife assents A. enters and dies the first Disseisee of the Lands out of which the rent is issuing releaseth to the second Disseisor this is an eviction c. but the wife shall not have Dower of the 20 Acres but of the other Land 2. Land is given to A. and B. and to the heirs of him who shall first marry A. grants a rent to husband wife for their lives c. before marriage A. taketh Feme B. and the husband die A. dies the heir of the husband levies a fine of Land which he had by descent 5
issue another sonne the second shall have the Land 19. Land is devised to one for life the remainder Ecclesiae St. Andrea in Holborn the Parson of the said Church shall have Plowd Comment 523. cited it 21. R. 2. 20. A man deviseth by his Will that after the death of his wife the Land deviseable shall goe to I. S. his wife shall take for life by this devise 21. Cestui que use before the Stat. of 27. H. 8. willeth that his Feoffes shall execute an Estate to I. S. in Fee I. S. shall take the use without any Estate executed 22. A man deviseth Land deviseable to his daughter and Heire being a feme Covert and to the Heires of the woman the reversion over in Fee and dyeth the husband refuseth to take by the devise he in the remainder entreth he shall retain the Land during the lives of the Husband and Wife but after their decease the issue of the Wife may enter upon him 23. A man seised of Land in Fee hath issue two sonnes and a daughter the father deviseth the Land to his wife for terme of life the remainder propin uioribus de sanguine puerorum of the Devisor the daughter hath issue and dyeth the issue of the daughter shall have this remainder and although that the sonnes have issue after yet their issue shall not have it 24. A man willeth that after 20. years after the death of the Devisor I. S. shall have the Land in Fee the Heire of the Devisor shall have the Land during the terme and not the Executor IV. What things may be devised 1. A Man seised of Land deviseable buildeth a House thereupon the House is deviseable the same Law of a Rent charge de Novo created 2. A man Disseisee of Land deviseable deviseth to the Disseisor in Fee in recompence of a Releas which the Disseisor made unto him it is good 3. A man hath Land in right of his wife and he granteth parcell of it to another and after deviseth the residue to another this is good 4. A man hath a Seigniory to him descended of the part of his mother and after the Tenancy descendeth unto him of the part of his father and both are deviseable and he hath not any issue he may make devises to severall persons that is the Seigniory to one and the Tenancy to another 5. A Termor of Land which is not deviseable erecteth a Furnace and fixeth this in the middest of the House in the Land he may devise thir Furnace 6. A man seised of Land deviseable deviseth totum statum suum to one and his Heires this is good for the Land 7. A man deviseth primam vesturam sou tonsuram prati which is deviseable this is good the same Law of Trees growing and to grow for ever 8. Tenant in Fee-simple or Fee-taile may devise the Corne although that the Land be not deviseable contrary Law is of Trees 9. A man seised of a Mill may devise the Runner stone but not the under stone 10. A man hath a terme for a 100 years and he deviseth this to one for terme of life the remainder over to I. S. this is a voyd remainder contrary it is if the Devise were that the Devisee shall have the occupation of the Land during his life the remainder over 11. Tenant in Fee-simple deviseth his Charters this is good but Tenant in tayle cannot 12. The King is seised of a Borough where the Burgages are deviseable by Testament the King purchaseth a Burgage in Fee and granteth this to another in Fee the Grantee cannot devise it 13. A man hath an annuity to him and his Heirs he cannot devise this otherwise if the annuity be granted to him for term of years 14. A man seised of a Manner in Fee deviseable the King granteth to him a Warren in his demean Lands in Fee the Grantee devise the this Warren it is not good 15. A man seised of a Common granteth a Rent out of the Land although that the Land be deviseable yet the grant is voyde and by consequence the devise 16. An Advowson in grosse is not deviseable nor any other thing which lyeth not in Tenure but a mesnalty or seigniory is deviseable because they lie in Tenure 17. The Husband deviseth the Corn upon his Wives Land and dyeth this is good whether they were sowed before the marriage or after V. By what words and by what meanes a man shall have Fee-simple in Lands Tenemints or Horeditaments and what not 1. LAnd is given to a man habend sibi haredi suo this is not Fee-simple otherwise it is sibi duobus haredibus suis tantum 2. Land is given to a man habend sibi haered with warranty of the Land sibi haredibus suis this is a good Fee-simple 3. Land is devised by Testament to a man by these words To doe with it at his pleasure this is a good Fee-simple 4. Land is given to a man habendum sibi in feodo simplici and livery made to him and his Heirs secundum formam effectum Chartae this maketh Fee-simple 5. A man bargaineth and selleth his Land to another without the word Heirs and the Indenture is inrolled accordingly this is Fee-simple 6. Land is given to one by Deed for term of life and Livery and Seisin made to him and his Heirs secundum formam effectum Chartae this is not Fee-simple 7. The King giveth Land to a man habendum sibi haeredibus suis masculis hee hath neither Fee nor Fee-Taile 8. A man seised in Fee-simple grants totum statum suum to have to the Grantee and his Heirs and maketh Livery according to the Deed this is Fee-simple 9. A man levieth a fine sur Conusance de droit come ceo que il ad de son done the Conusee hath Fee simple 10. A man grants a Rent out of his Land to one for life and after the Grantor rehearsing the first grant granteth the same Rent to the Grantee and his Heirs with clause of distresse accordingly the Grantee hath Fee-simple 11. Two Co-parceners in Fee-simple make partition and for equality of partition a Rent is assigned out of one part to the other without any other words the Assignee hath Fee-simple in the rent 12. A man maketh a Feoffment with warranty for term of life of the Feoffee he is impleaded and voucheth the Feoffer who looseth and rendreth in value other land he is seised of it in Fee 13. Land is given to the Major and Commonalty of London habendum protermino vitae eorum this is Fee-simple 14. Land is given by Deed habendum sibi haeredibus suis vel de corpore suo this is not Fee-simple otherwise if the habendum were sibi haeredibus suis vel suis Assignatis 15. Land is given to Parson habendum in liberam eleemosynam it is Fee-simple 16. A man maketh a Lease of 2. Acres of Land for life the remainder
voucheth and recovers in value he shall be sole seised 44. Two joynt-tenants one within age are disseised by the father of the infant and the father dyes seised the Infant enters and the other occupieth in common with him the Infant is sole seised 45. Two joint-tenants in Fee the one bargaines and sells by Indenture all his part and before the inrollment the other dyeth and the Indenture is inrolled within the six months the other moity shall descend VII What persons shall be said Coparceners or Tenants in common in Fee-simple so that they may devise their parts and what not 1. TEnant by the curtesie of land in Gavel-kind hath issue two sonnes and aliens with warranty and dyeth seised of assets in Fee-simple the one sonne being within age both the sonnes enter upon the Alience they are Tenants in Common 2. Before Quia Empteres Terrarum a man giveth part of his Mannor to an Abbor and Covent to hold of him as of his Mannor in Frankalmeigne and after he granteth the Mannor by Fine the Grantee hath issue two daughters and dyeth the Abby is dissolved the daughters enter They are Joynt-tenants 3. A Lease is made to I. S. and I. N. habendum to I. S. during the life of I. N. Et habendum to I. N. during the life of I. S. the leasor confirmeth their estates in Fee they are Tenants in Common 4. A man hath issue two daughters and maketh a Lease to them for terme of their lives the Father dyeth the daughters are seised in Fee in Coparoenary 5. Land is given to husband and wife and to a third person and to the heires of the husband and the third person releaseth to the husband and wife and to the heires of the wife the husband and wife are not joint-tenants nor Tenants in Common of the Fee-simple but the husband himselfe is sole seised in Fee 6. Two Joynt-tenants of a Mannor the one releaseth to the other all his right in the services of the Mannor and the Releasor dyeth the other maketh a Feoffment of the Mannor he shall be Tenant in Common of the services with the Feoffee 7. A man maketh a Feoffment of Land in Gavel-kind with warranty to the Feoffee and his heires the Feoffee hath issue three sonnes and dyeth they enter and are impleaded and vouch the Feoffer and recover in value they are Joint tenants of the land recovered in value if it be land at the Common Law 8. A man hath issue two daughters and the elder of them holdeth certain land of the Father by iiij d. the father dyeth the younger sister shall be presently seised without any partition of ij d. 9. Two Coparceners of a Villain the Villain purchaseth land in Fee the Coparceners enter together they are Joint-tenants and not Coparceners 10. Two Coparceners the one within age make partition and the part of the Infant is the lesser the Infant aliens her part and after enters upon her Coparcener in Common and she enters upon the Feoffee of the Infant in Common the Feoffee and she are of that part tenants in Common and of the other part she and the Infant are Coparceners 11. Two Joint-tenants in Fee-simple make partition at this day without Deed they are Joint-tenants as before 12. Two Joint-tenants by Deed make such partition that is that the one them shall have the one moity to him and his heires and the other shall have the other moity to him and his heires without any metes or bounds they are not Tenants in Common 13. The husband and wife and a third person purchase land jointly in Fee they are disseised the husband releaseth to the Disseisor and after the husband and wife are divorced the husband dyeth the third person dyeth the wife enters she shall be seised of a third part of the land in foure parts divided 14. Three Coparceners are one of them releaseth to the two others in Fee they are Joint-tenants of this third part Quaera 15. A man maketh a Feoffment of two acres of land habendum the one acre to one of them and his heires and the other acre to the other and his heires they are Joint-tenants 16. Two joint Lords and Tenant are by Fealty and xij d. the one of them releaseth to the Tenant all his right in the Land saving one penny and fealty the Lords are not Joynt-Tenants 17. The Leasor grants his reversion to the Leasee for term of life and to a stranger Habendum illis haeredibus suis they are Tenants in Common otherwise it is where the Donor grants the Reversion to the Donee and to a stranger in Fee they are Joynt-tenants of the Fee 18. The Leasor and a stranger disseisee the Leasee they are Tenants in Common of the Fee-simple 19. Two Joynt-tenants one within age make a lease for life he of full age dyeth the Infant at full age bringeth a Dum fuit infra aetatem of the whole and recovers the Leasee dyeth the Infant enters into the whole the heire of the other who was of full age enters in Common they are seised in Fee simple in Common 20. A Lease is made for life the remainder over for life the Leasor releaseth all his right to them in Fee they are Joint-tenants of the Fee 21. Two Joynt tenants are disseised the Ancestour collaterall of one releaseth to the disseisor with warranty and dyeth the heire upon whom the warranty descended dyeth the other who survives and the disseisor are Tenants in Common 22. Three Coparceners are agreed to make partition so that the one hath a severall part allot to her in severalty and that the others shall hold in Coparcenary and for equality of partition a rent is granted and allotted out of the severall part to the others in Fee they are Coparceners of the rent 23. A Lease is made to a man and a feme sole upon condition that if they pay to the Leasor 10. l. at such a day that they shall have Fee they inter-marry and after performe the condition the husband aliens the whole and dyeth the wife enters by the new Statute she shall be Tenant in Common with the Feoffee 24. A man maketh a Lease for life and hath issue two daughters and dyeth the Leasee makes waste the one of the daughters hath issue and dyeth the issue and the other bring a Writ of waste and recover and enter they are Coparceners as well of the Free-hold as of the Fee 25. Land descends to two sisters from one father who are of the halfe blood and they enter and indow the mother of the younger and after the elder dyeth without issue the younger shall have the entire Reversion 26. A man hath issue a sonne by one venter and two daughters by another venter whereof the one is within age their Unckle of the part of the father is disseised upon whose possession the sonne releaseth with warranty in Fee and dyeth the Uncle dyeth the two daughters enter upon the disseisor
Heir his Wife insent the Lord of whom the Land is holden enters and maketh a Lease for life the Wife of the Villain is delivered of a sonne the Lord of the Villain claimeth the Reversion the Lord of the Land deviseth it this is not good 24. Leasee for life maketh a Lease to the Leasor for years the Leasor makes a Feoffment in Fee the Leasee enters the Leasor deviseth the Reversion this is good 25. An Infant maketh a Lease for life the Leasee grants his Estate over with warranty the Infant at his full age bringeth a dum fuit infra aetutem against the Grantee who voucheth his Grantor who enters into the warranty upon whose possession the Demandant releaseth in Fee all his right and is barred in the action by this release and after he deviseth his Reversion this is a good devise 26. A Lease for term of 100 years is made to a Bishop and his Successors he maketh a Lease for life rendring Rent to him and his Successors and after he deviseth the Reversion with the Rent in Fee this is good for the Reversion but not for the Rent 27. A Mayor and Commonalty have a Corporation to purchase Land for the life of I. S. and so they doe and after make a Lease for term of life of the said I. S. and I. N. the Leasor before any entry deviseth the Reversion this is good 28. The Reversion of Tenant for life is granted in Taile reserving Rent the Grantor deviseth this Rent in the life of the Leasee this is good and if the Leasee surrender to the Grantee the Devisee may distrain presently in the life of the Leasee 29. Tenant for life makes a Lease for years rendring Rent and after the Tenant for life surrenders to the Leasor all his right the Leasor deviseth the Rent this is good during the life of the Leasee for life 30. A man granteth his Reversion in Fee and before attornment he grants the same Reversion to the Grantee for term of life only and the Tenant attorneth generally the Grantee deviseth this Reversion this is good 31. Disseisor maketh a Lease for life to his sonne and after disseiseth his son and dyeth seised the son enters the Disseisee deviseth the Reversion this is voyd 32. The Husband maketh a Lease for life to the Daughter and Heire apparent of his Wife being Covert rendring Rent the Wife mother dyeth the Husband deviseth the Rent this is voyd 33. A man hath issue two sonnes and they bring a Writ of Covenant against the Father of two Acres and they acknowledge the right to the Father and he grants and renders to them that is one moity to the one and the other moity to the other this is good 34. A man maketh a Lease for life reserving Rent to him and his Heirs the Leasor deviseth the Rent this is good otherwise it is if he reserve the Rent to him and his Assignes 35. A Lease is made to I. S. for the term of life of I. N. the remainder to the same I. N. for term of life of the said I. S. I. N. in Remainder releaseth all his right to the said I. S. and dyeth the Leasor deviseth the Reversion this is good 36. A man who hath a Reversion deviseth this by the name of all his Inheritance or Herediments in D. this is good 37. Leasee for term of 10. years maketh a Lease over for term of 40. years the Leasor confirmeth the Estate reserving a Rent to him and his Heirs and after by his Will he deviseth the Rent in Fee this is good after the 10. years and not before IX What shall be said a Gift or Disposition lawfully executed in the life of the Donor and what not 1. TEnant in Fee-simple by Service of Chivalry upon the marriage of his second sonne covenants by Indenture at this day that he will stand seised to the use of the sonne and his wife and of the Heirs of their two bodies begotten of two parts of the Land and this is without saying that he and his Heirs will stand seised and without inrolement of the Indenture this is a gift lawfully executed 2. The younger sonne brings a Quod ei deforciat against the father supposing a gift in Taile to be made by the father to him when no such gift was and he recovers by Confession and hath execution this is good 3. The Reversion of a Tenant for life is granted to two men in Taile and before attornment the one dyeth the Leasee attorneth to the Survivor this is good for the wholeduring the life of the Survivor and after his decease but for the moity 4. Tenant by the Courtesie of a Seigniory by service of Chivalry the Heir grants two parts of it and the Tenant by the Courtesie attornes in the life of the Grantor this is not good but during the life of the Tenant by the Courtesie 5. A man granteth the Reversion of his Tenant for life if the Grantee happens to survive the Grantor and the Tenant attorneth this is good if the Grantor die first 6. The Father seized of Land in Fee hath issue two sons and they bring a Writ of Covenant against the father of the same Land and he grants and renders by Fine the one moity to one in Taile and the other moity to the other for life this is not good 7. A man maketh a Feoffment upon condition that the Feoffee shall make an Estate in Fee to such a one of his sonnes as he shall name per infra festum omnium sanctorum proximum and he nameth one before the Feast and in the Feast he nameth another and after the Feast the Feoffee infeoffeth the first this is not well executed 8. A woman is in comunication for marriage with a man and that she will enfeoffe him of her Land if he will marry her and after she giveth the Land to him in Taile by Deed and after he marryeth her this is well executed and he shall have Fee-simple 9. A man maketh a gift in Taile to one of his sonnes by Deed with a Letter of Attorney and the Attorney maketh Livery by Dures and Menace made by the Donee this is lawfully executed 10. A man maketh a Feoffment with a Letter of Attorny conjunctim divisim to three and two of them make Livery in presence of the third this is not well executed 11. A man granteth a Reversion to another and delivereth the Deed to the particular Tenant as an escrow upon condition that if the Grantee doe such a thing that then he shall deliver it as his Deed the particular Tenant attorneth to the Grantee the Grantor dyeth the condition is performed and he delivereth the Deed this is not well executed 12. The Leasor disseiseth his Leasee and maketh a Feoffment in Fee and maketh a Letter of Attorney to the Leasee to make Livery who doth it accordingly the Fee-simple is well executed in the Feoffee 13. A man granteth a Reversion
who shall first purchase 10. l. per annum the Reversions of the Mannors of D. and S. each of such value is given to the Husband and Wife the one to the one the other to the other the Tenant surrendreth to the Husband and Wife Tenant for life dyeth the Husband dyeth the Wife enters this is a Joynture in the wood within c. 13. A. and B. Joynt-tenants in Fee A. becommeth King to whom B. releaseth to have and to hold the Land in Fee the King granteth it to Husband and Wife and to the heires of the surviror the Husband dyeth the Wife entreth this is c. 14. A. and a Feme Joynt-tenants of a Villain for years intermarry the Villain purchaseth a Reversion depending upon an estate for life A. grants this to I. S. and a Feme for c. in marriage with I. S. the Remainder to the heirs of I. S. he marrieth the Feme of I. D. a Tenant for life and I. S. dye the wife of A. and I. S. enters this is c. and yet she shall not have Dower 15. The King Tenant in Taile grants Land to I. S. in Fee with Warranty with words of recompence the King dyeth his issue granteth it to the husband for life the Remainder to the Wife for her Jointure the Remainder to the heirs of the Husband who dyeth the Wife entreth this is not c. 16. Disseisor of the Mannors of D. and S. leaseth the Mannor of D. for years the Disseisee maketh a Lease for years to the Wife of the Mannors the Remainder to the Husband and Wife and maketh Livery in the Mannor of S. and after releaseth to the husband and Wife and to the heirs of the husband for c. the husband dyeth the Wife occupieth this is c. in both the Mannors 17. Two Joyntenants of an Isle are disseised by A. and B. one releaseth to B. who willeth that his Isle should be sould for payment of his debts and maketh no Executors the Ordinary felleth to the Husband and Wife for life the Husband dyeth the Wife entreth this is c. 18. Tenant in Taile of the Ville of D. leaseth to his eldest sonne for life and dyeth the sonne granteth it to I. S. who hath a daughter Tenant in Taile dyeth I. S. giveth the Ville to I. D. who dyeth this is pleadable in barre of Dower but not averrable for a Jointure 19. A deafe woman Tenant for life â—â—keth Husband the Leassor levyeth a Fine to the Husband and wife Come ceo c. the Husband dyeth the Wife infeoffeth the Heir of the husband of parcell this is c. 20. Disseisee is married in a chamber the Disseisor giveth in Taile the Remainder in Fee the Disseisee enters upon the issue of the Donee and maketh a Feoffment upon Condition the issue enters the Condition is broken the issue dyeth without issue he in the Remainder enters and granteth the Land to the Disseisee and his Wife and to the heires of the Husband the Husband dyeth the Wife enters this is c. I. S. being Contracted martyeth another wife and after marryeth her with whom he was Contracted he and this Wife exchange Land which he had in the right of his Wife the Husband dyeth she agreeth to the exchange this is not a Jointure although it be averred c. II. What shall be said an Estate made in Tenements to the Husband and Wife and to the Heirs of their bodies or to the Heirs of one of their bodies by this Statute and what not 1. A Wind-mill is Leased to a Woman for years who taketh Husband he granteth the term upon condition and for the condition broken enters the Leassor releaseth to them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remaine to the Heirs of the Husband this is c. 2. A Reversion upon an Estate for years is devised to the Husband and Wife in frank-marriage by the Father of the Husband the Remainder to I. S. in Fee Tenant for years surrendreth to the Husband who dyeth the Wife enters this is c. 3. An upper Chamber is granted without Deed to A. for life the Remainder for life the Remainder to A. in Fee A. grants his Estate to him in Remainder and his Wife and to their Heirs and if they die without Heirs Males of their bodies begotten that then this shall revert the Husband dyeth the Wife enters this is c. 4. An Advowson is given by act of Parliament to Husband and Wife the Remainder to the Heires of the body of the Husband begotten of his Wife the Remainder to the Heires of the body of his Wife begotten by the Husband this is c. 5. The Reversion of Tenant for life is granted to husband and wife and to their heirs males and if they die without heir of their bodies that this shall revert with warranty Tenant for life surrenders they are impleaded and recover over and enter the husband dieth the wife entreth this recovery in value is not within c. 6. Father and sonne A. deviseth the Castle of B. to the father in Fee and dieth I. S. entreth and dieth the heir of I. S. deviseth the land to the father and his wife and to their heirs begotten of the body of the wife the father enters and dieth the wife enters this is c. 7. A Seigniory by Knight Service is given to a Feme Covert haeredibus suis masculis of her body a Tenancy escheateth I. S. intrudeth and dieth the husband enters and dyeth his wife taketh another husband who entreth this is c. 8. Land is given to the husband and wife during the life of A. the remainder to the heirs of the body of the husband they infeoffe I. S. rendring Rent to them and to the heirs of their bodies and if it be arrear that they shall enter and detein the Rent is arrear the husband dieth the wife enters this is not a jointure in the land nor in the Rent c. 9. A Seigniory is given to husband and wife for life the remainder in Taile to husband and wife for c. the Tenant leaseth for life the remainder to a Parson and his Successors the year and day expire Tenant for life dieth the Parson enters the husband ousteth him and I. S. dieth without issue the husband dieth the wife enters this is an estate Taile c. 10. Disseisor is disseised the first Disseisee brings an Assise the Tenant voucheth the Disseisor who enters into the warranty the demandant releaseth to him the Tenant deviseth the land to him to whom the release is made and to his wife in taile without expressing what Taile c. the husband enters and dieth the wife enters this is c. 11. I. S. By Indenture bargaineth and selleth a Dovehouse to husband and wife and to their heirs tam diu as they have issue of their bodies whereas he hath no
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
Land but not for goods 4. A Testament for Land without insealing or subscribing is good enough so that it be put in writing in the life of the Testator although that it bee never proved before the Ordinary 5. A man maketh his Will in such form Haecest voluntas intentio A. B. c. for the disposition of his Land it is not good without saying Vltima voluntas 6. A man saith to I. S. Inheritor that if he will not make his will before such a day that he will expell him from the Land with force and for that menace he maketh his will this is a good Testament 7. A man maketh a Testament of his Land in one County and long time after maketh a Testament of his Land in another County these are good 8. Two men severally seised of Land make a joynt Testament of their Land this shall be good and severall Testaments 9. A man is in making his Testament and had devised a parcell of his Land and before the perfection and finishing of it he dyeth this is good for so much as is devised 10. A man willeth by his Testament that his Lands shall be sold to pay his debts and sheweth not by whom this is a good will and shall be performed by his Executors or Administrators 11. A man maketh a Will of Land in which he hath nothing and after purchaseth the same Land and dyeth this is not a good Will 12. The same Law if a man make a Will of his Land and after aliens this Land in Fee and after repurchaseth this is not good 13. A Woman Covert maketh a Will of her Land and after taketh husband who hath issue the husband dyeth the wife dyeth this is not a good Will 14. A man maketh a will and after he maketh a new Will and after in his bed dying saith that the first Will shall be his last Will this is good 15. A man maketh his Will in Writing and after giveth divers Legacies to divers persons and after by word he revoketh all but one this is a good Revocation of all but that one 16. Before the Statute of 27. H. 8. A man maketh a Feoffment to the performance of his will and intent the which will and intent is declared in a Schedule thereunto annexed upon the livery which is to the use of I. S. in fee this cannot be revoked nor altered by his Last Will. 17. Otherwise it is if the Feoffment was to perform his last Will which is declared ut supra this may be altered and changed 18. A man giveth Land by his Will in Fee and after by another Will hee giveth the same Land to another but for terme of life this is a Revocation of the intire first Will. III. What person shall take by a Devise and what not and of what thing a Devise shall be made and of what not 1. A Woman seised of Lands deviseable or in use before the Statute of 27. H. 8. deviseth this to her husband this is void 2. A man deviseth a Reversion depending upon an estate for life to the Parson of D. and to his successours the Parson dyeth and after a new Parson is made the particular Tenant dyeth the new Parson shall have it 3. A man by the premises of his Will deviseth his Land to I. S. in Fee and by the sequele he deviseth the same Land to I. N. in Fee they both shall take by this Testament and shall be joint-tenants 4. A man deviseth Land to the Deane of Pauls without naming his name of Baptisme this is good 5. Three Brothers are of one Father and Mother the middle brother seised of Land deviseable giveth this by his Testament Propinquiori fratri suo it seemeth that none of them shall have it 6. A terme of yeares is devised to the Church-wardens of the Church of D. and to their successours this is not good but for goods so devised the Law is contrary 7. A man who hath a terme deviseth the Land to one and his heires the devise dyeth and hath Executors his Heires shall have the Land and not the Executors contrary the Law is if the intire terme were so devised 8. A Devise made Canonicis Ecclesiae Catholicae Pauli Lond. in perpetuum is a good devise to all the Canons joyntly in Fee and the survivour shall have the entierty contrary the Law is of a devise made Civitati Lond. in perpetuum the Corporation of the Maior and Commonalty shall take by this devise 9. A man deviseth Land to one for term of life the remainder over in Fee the Devisee for life refuseth yet he in the remainder may enter but if the Will were that the Executors shall make a Lease for life the remainder over in Fee and they offer to make the Lease accordingly and the Lessee refuseth he in the remainder shall not have the remainder quare 29. ass 10. A man willeth that his Executors shall sell his Lands for the payment of his debts they all dye but one he maketh the sale the Vendee shall not have the Land contrary the Law if to the Executors to be sould 11. A man maketh two Executors and willeth that they shall sell the Land for the payment of debts and they sell it for terme of life the remainder to one of themselves the Vendee dyeth he in the remainder may enter 12. I. S. hath issue two sonnes and dyeth the elder hath issue a daughter who hath issue a sonne and dieth Land is given by Testament to one for life the remainder to the next Male of the body of I. S. begotten the second sonne of I. S. shall have the Land and not the sonne of the daughter contrary it would be if the remainder were intailed by need 13. A man deviseth his Land to his wife being with child the remainder to the issue en Ventre sa feme his wife in Travaile dyeth and the sonne is ripped from his mother alive he shall have the remainder 14. A man deviseth Land to one for life the remainder to the eldest sonne of the Devisor in Taile the remainder over in Taile the remainder in Fee to the sonne he in the last remainder dyeth without issue Devisee for life dyeth the sonne shall take the Estate Taile Volens nolens 15. A man deviseth his Land to Elianor the daughter of I. S. and I. S. hath divers daughters whereof one is named Helen and none Elianor this is a good devise to Hellen. 16. A man hath two Wive and he deviseth his Land to his latter wife in Fee the first wife shall have it 17 So if one hath two sonnes called I and one of them is a bastard and borne before marriage and hee makes a devise to his sonne I the legitimate I shall have it and not the bastard 18. A man hath issue a sonne and Land is devised to the Father Habend sibi hared de corpore suo legitime procreand and after the Devisee hath
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
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
S. without consideration after it is declared in an Indenture that this recovery shall be to the use of A. and she that shall be his wife for their lives for c. A. marrieth I. releaseth to the husband and wife in speciall Taile the husband dyeth the wife reciting that she is Tenant in Taile maketh a Lease for years this is not c. 10. A Seigniory is given to I. S. being attainted of Felony to the use of the husband and wife during the life of the wife for c. the Tenant is disseised the Disseisor ceaseth I. S. recovereth in a Cessavit against the Disseisor and enters the Statute is made the husband dyeth the Disseisor being within age marryeth the wife this is c. 11. A Villain by assent of the Lord is inseoffed to the use of the husband and wife for c. before this Statute the Lord enters and infeoffeth the Villain the Statute is made the husband dyeth the wife enters this is not c. 12. I. S. Covenanteth at this day in consideration of a release made by I. D. to him not inrolled that he will stand seised of Lands which shall be to the value of 20 l. per annum to the use of I. S. and his wife during their lives c. I. S. dyeth the wife enters this is not c. 13. Husband and Wife levie a fine to two the husband intendeth it to the use of I. D. for life and after that he shall marry then to the use of his wife during her life for c. the wife intendeth it to her selfe for life and after to I. D. he who hath the wife dyeth I. D. marryeth the Statute is made I. D. dyeth the wife enters this is c. 14. I. D. is indebted to I. S. in 100 l. payable at Michaelmas I. S. in consideration that he shall pay the 100 l. at Midsommer covenanteth by Deed enrolled that he shall be seised to the use of I. D. for ten years and after to the use of the right heir of her whom he shall marry the tenne years expire the heir apparant marrieth the husband dyeth the wife enters this is c. 15. Lord Mesne and Tenant an Infant by Knight Service and a Hawk yearly the Mesne disseiseth the Tenant and deviseth the Mesnalty to the parson of D. to the use of the husband and wife and the heirs of their body begotten for c. and dyeth the Tenant enters the husband dies the wife distraineth for the service this is not c. 16. I. S. inseoffeth I. D. to the use of the husband and wife and the heirs of the husband for c. and before the Statute of 27. I. S. enseoffeth the husband and wife the Statute is made the husband dyeth the wife enters this is c. 17. I. S. in consideration of affection which he beareth to his son covenanteth that he and his heirs shall stand seised of Common which he hath pro omnibus averiis to the use of the sonne for five years and after to the use of the wife of I. D. for life and after to the use of I. D. her husband for twenty years I. D. dyes the wife useth the Common this is not c. 18. I. S. covenanteth with I. D. in consideration of a marriage to be betwixt A. his son and B. that his Mannor of D. after his death shall remaine to A. his sonne and B. his wife in Fee for c. the Father and A. die the wife enters this is not c. 19. Husband and Wife I. S. inseoffeth the husband to the use of the husband and wife in Taile for c. and hath issue a bastard his wife being priviment insent and dyeth the bastard enters the Statute is made the wife enters in the name of the heir of her husband and claimeth her joynture this is c. 20. Land is given to a Feme covert in Fee before this Statute to the use of I. D. and his wife for their lives for c. the wife hath issue and is attainted of Felony the King pardons her the Lord releaseth to the husband the wife dies the Statute is made I. D. dyes the Lord and Feme intermarry the Lord enters this is not c. 21. Lord and Tenant the Lord granteth the Seigniory to the Tenant and I. S. to the intent to grant it to husband and wife during their lives for c. they grant it and deliver the Deed to the wife the husband disagreeth and dies the wife claimeth it this is c. 22. A. Cestuy que use the Feoffees bargaine and sell the Land to I. D. the Statute is made A. giveth the Land to I. D. in Fee so long as I. S. hath issue of his body to the use of him selfe and his wife during their lives for c. I. D. dyeth the wife entreth this is c. 23. Land is given to husband and wife in Fee rendring Rent to the use of the husband and wife during their lives the husband maketh a Feoffment upon condition and entreth for the condition broken the Statute is made he dies the wife enters this is c. V. Where the Wife shall have a Jointure and also Dower notwithstanding this Statute and where she shall not have Jointure neither Dower notwithstanding the words of the Statute that is any Law or provision made to the contrary thereof notwithstanding 1. I. S. hath Land in burrough English and hath issue two sons Land is given to the elder son and his wife for their lives rendring rent for c. and after the wife of the sonne is endowed ex assensu patris the sonne dies the wife shall have her jointure and this Dower 2. Dower is assigned ad ostium Ecclesiae and after Land is given to the husband for life the remainder to I. S. and his heirs during the life of I. D. the remainder to the wife for life for c. the husband dyeth the wife occupieth the Dower I. S. dyeth the wife entreth she shall have this joynture and Dower also 3. A Villain is given to husband and wife in frank marriage the remainder in Fee to the husband for c. the father of the husband dyeth seised of Land in Fee I. S. abateth the husband dyeth the wife shall have this jointure and Dower of the Land 4. Land is given to husband and wife for 200 years if they live so long for c. after which Land is given to the husband in Taile upon condition that if he die without issue the Donor shall enter the husband dyeth without issue the wife shall have this Land and Dower also 5. Tenant in Taile of a rent and Disseisor of the Land out of which c. granteth the rent and Land to I. S. with Warranty the Sheriff extendeth a I. ease for years by vertue of an Elegit as a chattle and deviseth it to I. S. and his wife and I. D. for years the Disseisee