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
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
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
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
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
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
she is sole seised 14. Disseisor makes a Lease for life the remainder to the Husband and Wife in Fee the Lesse dyes the Husband and Wise enter the Disseisee re-enters the Husband ousteth him clayming to him and his Wife the Husband is sole seised quare 14. H. 6. 15. Land is given to Husband and Wife in Taile the remainder to the right Heirs of the Wife the Husband dyeth without issue the Wife being privement ensenit the Wife is sole seised of an Estate in Fee-simple 16. A praecipe quod reddat is brought of a Rent against the Pernor of the profits and the Tenant of the Land the Pernor disclaymes the Tenant traverseth the point of the Writ and it is found against the Demandant yet the Demandant is sole seised of the Rent in Fee 17. Two Femes joynt-tenants the one takes Husband and hath issue and dyeth the Husband claymes the moity by the Curtesy the survivour shall be sole seised of the intirety 18. Feme Tenant in generall Taile hath issue a daughter and her Husband dyeth she taketh a second Husband and hath issue another daughter the Husband and Wise by fine discontinue and take back an Estate speciall Taile and die the younger daughter enters to the use of her self and her sister and she enters with her and occupieth in Common the younger daughter shall be sole seised of the one moity in taile and of the other moity in Fee Quaerae 19. The King grants an Office to two in Fee whereof the one is an Alien the Denizen shall be sole seised 20. A man seised in Fee of a Villain in right of his wife the Villain purchaseth land in Fee the husband enters he is not sole seised in Fee 21. A feme Inheretrix hath issue a daughter her husband dyeth she taketh a second husband and hath issue another daughter the husband and wife exchange the land of the wife for other land in Fee and after the wife dyeth and the husband dyeth the daughters enter into the land taken in exchange the younger shall be said sole seised 22. The husband maketh a Feoffment of the land of his wife upon condition that the Feoffee shall make an estate taile to the husband and wife the Feoffee grants a rent charge out of the land the Grantee recovereth against the Grantor in a Writ of annuity the husband enters upon the Feoffee claiming to him and his wife he shall be sole seised 23. Two joint-tenants to them and to the heirs of one of them hee that hath but the free-hold grants totum statum suum by deed to the other he is sole seised of the intierty in Fee 24. Land in Gavel-kind holden of the King who releaseth all his right in the Seigniory to the Tenant and he accepteth this release and hath issue two sonnes and dyeth the sons enter the elder shall be sole seised in Fee-simple 25. A feme sole maketh a feosfment upon condition to be performed on the part of the Feoffe at a certain day and before the day they intermarry the day incurreth the money not paid the husband is sole seised 26. A Feoffment without deed is made to two and to their proper use and livery of seisin is made to one of them accordingly he is not sole seised otherwise if no use had been expressed 27. Before 27. H. 8. a man maketh a Feoffment to the use of himselfe and of that woman that shall be his first wife and after he marrieth the Statute is made the husband is sole seised of an estate in Fee-simple 28. The Father disseiseth one to the use of his sonne and a stranger the Father dyeth the sonne and the stranger agree to the disseisin and enter the sonne is sole seised of the Fee-simple 29. A Feoffment is made to two by deed with a Letter of Attorney to one of them to deliver seisin and he maketh livery to the other accordingly he is not sole seised in Fee-simple 30. A man is disseised by a Feme sole and a stranger the feme taketh Husband the disseisee releases to the Husband and his heires he shall be sole seised in the right of his wife 31. Two disseisors make a gift in taile the Disseisee releaseth to one of the disseisors he shall not be sole seised of the Reversion 32. Lord and Feme tenant she taketh husband the Lord granteth the Segniory to the husband and his heires he shall be said to be sole seised in Fee-simple 33. Tenant for life the reversion to a feme Covert in fee infeoffeth the husband and wife to them and to the heires of the husband the wife dyeth the husband shall not be said sole seised of the Fee-simple 34. The Tenant infeoffeth the Lord and a stranger in Fee the Lord releaseth to the stranger in Fee all the right which he had in the Land the Lord is sole seised of the Seigniory immediately 35. The husband alone by Indenture alieneth the Land of the wife in Fee rendring to the Feoffer and his wife a yearely rent in Fee the husband sole shall not be said seised but jointly with his wife 36. Before 27. H. 8. a man made a Feoffment with warranty to two to the use of one of them the Feoffees upon a voucher recover other land in value against the Feoffer and after the Statute is made the Feoffees shall be said sole seised to the use of him to whose use the first Feoffment was made 37. Before the Statute of Quia Emptores terrarum a man seised of a Mannor by descent of the part of the mother maketh a Feoffment of part of the Demesnes of the Mannor and after dyeth without issue his collaterall heires of the part of the father and mother claiming the Seigniory the heire of the part of the father shall be said sole seised of it 38. Two joint-tenants of a Villain he purchaseth lands in Fee and is disseised one joint-tenant enters upon the disseifor in the name of himselfe and his companion he is not sole feised of the Fee simple 39. The Husband inseoffeth a stranger before 27. H 8. to the use of himselfe and his wife in Fee the Statute is made the husband and wife are joint-tenants 40. A man seised of Land in Gavel-kind maketh a lease for life the remainder to the right heires of I. S. who hath issue two sonnes and dyeth the leasee for life dyeth the sonnes enter the elder shall be said sole seised 41. The husband maketh a Lease of his wives land for life of the husband the Leasee maketh a Feoffment the husband enters for a forfeiture he is sole seised of the Fee-simple 42. A man hath issue two daughters the one being a Bastard she enters into the whole and is impleaded and recovereth in value upon a Voucher as heire to the father the other sister enters in common she shall be said sole seised 43. A man infeoffeth two with warranty to one of them they are impleaded and the Gaurantee
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
I. S. tenendum de Domino Rege in Capite and he doth so this is not Tenure in Chief 6. A man holdeth of the King as of a Mannor and the King releaseth all his right to the Tenant and he accepteth the release he shall hold of the King in Capite 7. A man holdeth Land of the King as of a Mannor and hath a clause of warranty with recompence from the King and he is is impleaded of the Land and by aide prier recovereth in value he shall hold this in Capite of the King 8. The King is seised of a Mannor and one of the Tenements escheateth to the King and he enters and maketh a gift in Fee thereof he shall not hold in Capite otherwise it is if it came for treason 9. The King seiseth the Temporalties of a Bishop and one of the Tenants committeth Fellony and is attainted the King seiseth and alieneth in Fee tenendum per servicium debitum he shall hold of the Bishop by the Ancient Services and not of the King the same Law where the King entreth for Mortmaine after the year and the day in default of the mesne Lord and Alians ut supra otherwise the Law is where the King enters for an escheat of treason 10. The King giveth Land in Fee to hold of him to doe suit to his Mill or to cover his Hall this is not Tenure in chief but if the Mili or the Hall fall down this is Tenure in chief 11. The King makes a gift in Fee tenendum de domino Rege nunc pro termino vitae sua in Capite poste us mortem as of such a Mannor this is a good Tenure in Chief but not after the death of the King 12. Lord and Tenant the Lord granteth his Services in Fee to the King by Deed inrolled the Tenant shall not hold of the King in Chief the same Law is if the Seigniory descend to the King from any of his Ancestors 13. The King Lord Mesne and Tenant the Mesne holdeth in Chief and after is attainted of Felony the Tenant shall hold in Chief 14. Lord Mesne and Tenant by Knight Service the mesnaltie is a Mannor and Seigniory also the King grants to the Lord all forfeitures of his Tenants and after the Lord Grantee is attainted of treason and after the Mesne is attainted of treason the Tenant shall not hold in Chief 15. If a Signiory in grosse elcheat to the King for treason the Tenant shall hold in Chief quare 16. Lord and Tenant a stranger recovers the Land against the Tenant in a praecipe in Capite yet this Land is not held in Capite of the King but by estoppell 17. The King Lord Mesne and Tenant the Tenant makes a gift in I aile to the Mesne tenendum de Capitali Domino the Mesualty is holden in Chief as before 18. A man holdeth a Mannor of the King to which a Villaine is regardant in Chief and he by Licence of the King aliens the Mannor except the Villaine the Feoffor shall not hold the Villaine in Chief otherwise it is of an advowson appendant 19. The King seised of a Mannor giveth part thereof in Fee this shall not be Tenure in Capite the King giveth Land of the value of 10. l. per annum tenendum per fidelitatem tantum in libero socagio non in Capite yet he shall hold in Capite in Socage 20. The King maketh a gift in Taile to hold in Capite and after grants the Reversion in Fee to the same Donee to hold in equality he shall hold by two Tenures XI Of grand Serjeanty and Knights Service 1. EVery grand Serjeanty implieth Knights Service sed non è contra for it is the most noble and great Service that can be done for it is a personall Service of attendance about the King Person and for that 2. If the King gives Land in Fee ad custodiendum parcum de Woodstock this is not grand Serjeanty nor Knight Service 3. The King gives Lands to a Woman in Fee to bear the Standard of the King in Warre or to bear his Sword the day of his Coronation this is not grand Serjeanty for that it doth not appertain to a Woman Vide undecimo Elizabethae Dyer 4. The King gives Land in Fee to lead his Gray-hound or to bear his bow when he goeth in hunting this is grand Serjeanty but if it be to finde to the King a couple of hounds evety year this is pettite Serjeanty 5. The King gives Land tenendum per fidelitatem and rendring 10. s. this shall be Tenure in Chivalrie if the Patent be not pro omnibus servitiis c. 6. The King gives Land ad inveniendum custodem Parci de Greenwich this is not grand Serjeanty 7. The King gives Land to finde one man to watch in the night in the Castle of Dover this is Knight Service the same Law to watch a Beacon The same Law if he give Land to hold in Cornage or to keep a Castle or Tower within the Realm 8. The King gives Land to the Mayor and Commalty of London and to their Successors to hold in Franck-almoigne this shall be Tenure by Knight Service in Capite 9. The King giveth land to be Sheriff of Staffordsh for ever this is not grand Serjeanty 10. A Feoffment before the Statute of quia emptores to hold by Escuage was Tenure in Chivalry the same Law to hold by Knight Service or by the Service of a tenth part of a Knights Fee the same Law to hold by the keeping of the Castle of B. or by Cornage of the Marches of Scotland or else where 11. Otherwise it is if it be to pay 20. s. for the keeping of a Castle or for Escuage or for Cornage this is but Socage 12. A man who holdeth by Knight Service before the said Statute maketh a Feoffment to hold by 6. d. quod de illis debet solvi scutagium cum c. quantum pertinet ad tantam terrans this is but Socage 13. A man holdeth by Knight Service maketh a Feoffment without reserving of any Tenure this was Tenure in Chivalry but if he reserve any Rent or any anuall Service it is but Socage 14. A man maketh a Feoffment in Fee to hold by one penny pro omnibus servitiis salvo servitio regali this was Tenure in Chivalry the same Law if it be salvo scutagio Domino Regi quando currerit 15. Lord Mesne and Tenant the Mesne holdeth of the Lord by Knight Service and the Tenant of the Mesne by Socage and before the said Statute maketh a Feoffment to hold by 6. d. pro omnibus servitiis salvo forinseco servitio this is not Tenure in Chivalry 16. A man holdeth at this day by Knight Service and maketh a gift in Taile reddendo sibi haeredibus 1. d. pro omnibus servitiis faciendo Capitaeli Domino for the Donor and his heirs servitium debitum this is Knight Service but
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
his Fee-simple by fine to him in the remainder c. He giveth and disposeth other land to others and they lose by Wardship after the death of the Devisor and hee in the remainder entreth he shall be contributory 8. A Feme is disseised the father releaseth to the disseisor with warrantie and dieth the Feme being inseint and after is delivered of a sonne the disseisor by deed executed in his life giveth this land to the daughter and giveth other land to another and dieth the other loseth his land by Wardship and sueth the daughter for contribution he shall have it 9. One of the Devisees is impleaded in A pracite quod reddat by one who hath good title and he disclaimeth whereby the demandant entreth and re-enseoffeth the Devisee he shall not be contributory 10. A Lease is made to one for life upon condition that the Lesee may alien the land in Fee for the profit of the Leasor the Leasee alieneth in Fee upon condition that the alience should immediatly enseoffe the alienor for life the remainder to the Feoffer in Fee of land of greater value and so he doth the alience giveth this land in Taile and dieth and the Leasor entreth upon the Donee and re-enseoffeth him he shall be contributor to the other devisees 11. A man hath issue a son a daughter by one venter and a son by another maketh a Lease for life proviso that the Leasee shall not make wast the leasor dieth the leasee maketh wast the eldest son dies without issue the younger sonne enters for the condition broken and deviseth this land amongst other lands and dies the daughter enters upon the Devisee and reenseosseth the same Devisee he shall not be contributory 12. An Abator deviseth his land and dieth the heir within the view maketh claim to the land and dareth not enter for doubt of Maiheme and after he releaseth to the Devisee he shall be contributory 13. The Devisee ceaseth for two years is disseised the Lord releaseth to the Disseisor all actions the Disseisee re-entreth against whom the Lord bringeth a Cessavit and recovereth the release being pleaded and entreth and re-enfeoffeth the Devisee he shall not be contributory FINIS The Reading of Mr John Brograve of Grayes Inne made in Summer 1576. upon part of the Statute of 27. H. 8. C. 10. of vses concerning Jointures beginning at the twelfth Branch thereof Division the First What shall be said a puchase of Lands to the husband and wife and to the heirs of the husband by the husband for the Jointure of the wife by this Satute and what not 1. A Praecipe is brought against Tenant in Fee simple who prayeth in ayde of the husband and wife the husband being attainted of Felony for that that the Reversion is to the husband and wife and to the heirs of the husband and wife the husband barreth the Demandant and dyeth the wife agreeth yet this is not such a purchase c. which may be for a Jointure 2. A Mine is given to three men and a Feme sole one of them marrieth with the Feme she being excommunicated one of the others releaseth to the husband and wife and to the heirs of the husband the husband dyeth the wife assenteth this is a good purchase c. and yet the wife is not Tenant for life 3. A Reversion depending upon an estate for years charged with a Rent is granted to the King and his wife and to the heirs of the King the Tenant Attorneth to the Queen the King dyeth the Deed is inrolled after the six Months the Queen distraineth the Leassee for the Rent this is a purchase c. 4. An Alien and I. S. purchase Land in Fee I. S. dyeth this appeareth of Record the Queen reciting this matter grants the Land to the heir of I. S. and his wife she being but ten years of age the Remainder to the heirs of the husband the wife at the age of Consent refuseth and after marrieth the husband dyeth this is a purchase c. 5. Vestura terrae is granted to I. S. and a woman sole I. S. marrieth a wife of seven years of age the Feme granteth her part to I. S. and his wife and a letter of Attorney to make Livery the Feme leaseth for years which is expired the Attorney maketh Livery to the wife I. S. dyeth the wife entreth this is such a purchase c. 6. Land is given by a Dean and Chapter of L. to I. D. I. S. and his wife the Remainder to I. S. haeredi suo the Deane dyeth the Attorney maketh Livery I. S. dyeth the wife enters this is not c. but if the Deane had not been named by his name of baptism although that another had been chosen when the estate was executed this should have c. 7. Father and sonne the sonne purchaseth a Mill and dyeth without issue I. S. abateth the Uncle dyeth the father enters and payeth the Rent to the Lord and deviseth the Mill to the Lord and his Wife and I. D. and willeth that the Lord shall pay 5. s. to his heire he entreth the Lord dyeth this is such a purchase c. 8. Bastard eigne and mulier puisne the father dyeth seised of two Acres the mulier enters in one and the bastard in the other who dyeth his issue indoweth his mother who dyeth the issue lesseth to the Wife of the mulier for 100 years si ipsa tam diu vixerit for c. the mulier taketh another wife the issue releaseth to the mulier and his wife and to the heirs of the mulier who dyeth the wife enters this is c. 9. Husband and Wife the husband is a lunatick they bring an action of waste against Tenant in Taile with the Fee expeciant as Tenant for life supposing the waste to the disherison of the husband he pleadeth the generall issue no waste is found Tenant in Taile dyeth without issue the husband dyeth the wife enters this is not c. 10. I. S. disseiseth one of Land to the value of 20 l. per annum to the use of I. D. and his Wife and the heirs of the Husband for c. I. S. granteth a Rent charge of 30 l. the husband enters the Disseisee releaseth to the Husband and Wife for a jointure also the Husband dyeth the Wife entreth this is not c. 11. A Divorce is betwixt I. S. and his Wife an appeale is sued depending which Land holden in Capite descendeth to I. S. he after Office levyeth a fine to I. N. and his Wife and I. N. to I. S. and his Wife for life c. and to I. N. for 10 years and after to the heirs of I. S. the Divorce is repealed I. S. dyeth the Wife entreth this is c. 12. Tenant for life of a Wood I. S. taketh to wife the niece of the Queen the Reversion is given to them and to the heirs of him
shall live for c. and after infeoffeth them of the Mannor of D. the husband recovereth in a writ of annuity and dieth the wife enters and demandeth the Rent this is c. 11. A. and B. seised of a Rectory give it rendring Rent and if it be arrear that A. shall enter and detein for his life and after his death the remainder to his wife untill I. S. taketh a wife for c. I. S. and the husband die the wife enters this is not c. 12. Lord and Tenant by fealty and a horse the Villeyn of the Lord disseiseth the Tenant who bringeth an assise against the Lord and Villeyn the Lord disclaimeth the Tenant enters the Lord giveth his seigniory to the Tenant and his wife for a yeare sic de anno in annum during their lives the husband dieth the wife distraineth this is not c. 13. I. S. seised of land of the part of the mother maketh a feoffment reserving a Corody certaine and dieth without issue the heir of the part of the mother deviseth the Corody to I. D. and his heirs during the life of I. N the remainder to his wife in perpetuum to her owne use I. N. and the husband die this is an estate made for life c. 14. Bastard mulier the Bastard enters and grants a Rent charge to the husband for 10 years and if the Bastard die during the term that this shall remaine to the wife for a jointure the Bastard dieth during the term without issue the Mulier enters the husband dieth the wife accepteth the Rent this is not c. 15. I. S. hath wreck of Sea in the Mannor of I. D. by prescription he grants this for two yeares to I. D. and after grants it to Feme Covert and I N. for their lives for c. and before attornment granteth it to another the Tenant attorneth to the two grantees the husband dieth the wife claimeth it this is c. 16. A Prebendary maketh a lease of a hundred to Baron and feme and their sonne for life rendring the accustomed rent with a condition for non-payment for c. they make partition the Prebendary the sonne and the husband die the Rent is arrear the successor enters the wife enters this is not c. 17. The Queen reciting whereas she hath manumitted a Villeyn where in truth she had not confirmeth the manumission and further doth manumit him and after granteth him to the husband for his life the remainder to the wife in forma praedicta for c. the husband dieth this is not c. 18. Sonne Tenant for life the remainder to the father granteth to husband and wife that they shall distreyn during their lives for 10 l. annually for c. the husband purchaseth parcell of the land of the father the father and the husband die the wife agreeth this is c. 19. The Chiefe Justice of the Common Place being non compos mentis granteth the office of pregnotoriship to husband and wife for c. the Chiefe Justice is removed the husband dieth the wife assents to use the office this is not c. 20. View of frankpledge is granted to a feme during the life of I. S. she marrieth the grantor granteth the said liberty to the husband and wife for c. the wife surrendreth her interest this is c. 21. Husband and Wife joynt-tenants make a gift in Taile to A. and B. to have the one moity to A. the other to B. reserving Rent to them and to their heirs for c. Livery is made accordingly the husband and B. die the wife enters into the moity and accepteth the Rent this is not an Estate made for life in the Rent for a jointure IV. What shall be an Estate or purchase to the Husband and Wife or to any other person to the use of the Husband and Wife or to the use of the Wife in manner afore expressed and what not 1. I. S. and I. D. joint-tenants I. S. releaseth to I. D. in Fee during the life of A. S. to the use of I. D. and A. S. who shall be his wife for c. they intermarry I. D. dyeth the wife enters this is c. 2. Before the Statute of 27. H. 8. I. S. maketh a Feoffment by Deed to two and to the heirs of one to the use of his last Will which is annexed to the Deed and is to the use of himselfe and his wife for c. and after to the use of I. S. in Fee the Statute is made he who hath the Fee and the husband die the wife entreth this is not c. 3. Tenant for years rendring rent the Reversion is granted to I. S. in Taile to the use of husband and wife and his heirs begotten of the wife for c. before the Statute of 27. Tenant for years grants his Estate to the wife before attornment I. S. being attainted of Felony the Statute is made the husband dyeth the wife claimeth the rent this is c. 4. Land is given to the Bishop of E. in consideration of 20 l. paid by him to hold to him his heirs and successors to the use of I S. and after to the right heir of I. D. who is in life and after to the use of the wife of I. S. for her life for c. I. S. dyeth the wife entreth I. D. dyeth this is not c. 5. A. and B. Disseisors the Disseisee releaseth to A. and willeth that he shall take the profits and deliver them to B. and his wife for her jointure the Statute is made B. and A. die the wife entreth this is not c. 6. Cestuy à que use of the Mannors of D. and S. willeth that his Feoffees shall make an Estate to I. S. and his wife of the Mannor of D. for their lives for c. and maketh no Executors after he maketh another Will of the Mannor of S. and willeth that they shall make an Estate thereof to I. S. and maketh Executors the Statute is made I. S. dyeth the wife entreth into the Mannor of D. this is c. 7. A Villain is granted to I. S. in Fee before this Statute to the use of husband and wife for c. untill I. D. grant 10 l. rent to them I. D. dyeth the Villain flyeth into another County and is attainted of Felony and purchaseth the Mannor of D. I. S. enters the Villain is executed the husband dyeth the wife enters into the Mannor this is not c. 8. Tenant in Taile bargains and sells his Land to I. S. for life and after teleaseth to the said I. S. in Taile to the use of his wife for her life c. the Statute is made the Tenant in Taile Disseiseth I. S. and maketh a Feoffment I. S. and the Tenant in Taile dye the issue of the Tenant in Taile and the wife inter-marry she enters this is c. 9. A. recovereth against I.
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
years passeth the heir of A. denies the rent this is not an eviction c. and if it were she should have Dower 3. Land is given to the husband and I. S. for their lives for c. rendring rent and if it be behind by the space of one quarter of a year that then c. the husband dyes the wife enter the rent is demanded the 91 day after the day of payment the money is not paid the Leassor enters this entry is lawfull but no such eviction c. 4. Tenant in Taile Remainder in Fee granteth the Land to Baron and Feme before marriage for life c. he in the Remainder disseiseth the husband an Ancestor of the wife releaseth with WArranty Tenant in Taile dies without issue the husband and Ancestor die this is c. 5. Husband seised in right of his wife of a Mannor to which an Advowson c. gives the Manor cum pertinent to I. S. and his wife in Taile for c. the Tenants do not attorne the husband and I. S. die the Church becommeth void the wife of the Donor distraineth for the Rents and presents to the Church this is not an eviction whereby she shall have Dower 6. A man makes a gift in Taile rendring Rent upon condition a common recovery is had against him he who recovereth opens a Mine and grants it to the husband and wife for c. the rent arreare the husband dyes the wife agrees the Mine is expended the Donor enters this is not an eviction c. 7. A Rent is granted to husband and wife and to the heirs of the husband out of the Land of two Joint-tenants the one attornes the other dies the husband grants the rent to I. S. and his wife and to the heirs of the body of the wife before Marriage the husband dies Tenant and his wife intermarry I. S. dyes this is an eviction c. 8. Tenant in Taile giveth a Messuage to husband and wife and I. S. Successive for c. according to the Statute the husband dies the wife assents and after the Messuage is consumed by tempest Tenant in Taile dies the issue enters this is not an eviction c. 9. A recovery is had by I. S. which recovery is had to the use of I. S. untill he shall make a Lease to Baron and Feme for their lives for c. and after to the use of another in Fee I. S. maketh the Lease the Baron dies the wife agrees part of the Land is gained by the Sea and a year after the Sea forsaketh it the Lessor entreth into it this is not an eviction c. and yet the wife shall not have it againe 10. An Infant Tenant in Taile remainder for life the remainder in Fee giveth the Land to husband and wife in Taile for c. and dyeth without issue the husband dies the wife agrees an Ancestor of him in remainder in Fee releaseth with Warranty and dyeth Tenant for life claimes the Land and dies he in remainder enters this is not a lawfull entry and yet the wife shall have Dower but she shall have but an Estate for life and not an Estate Taile 11. The sonne disseiseth his Father of Gavel-kinde Land and Land at the common Law and grants it to husband and wife for their lives c. the husband dies the wife enters and marryeth the sonne the Father and sonne dies his issue enters this is an eviction and yet she shall not have Dower but for parcell of that which is evicted 12. Disseisor bargaines and sells Land to husband and wife and to the heirs of the husband for the Jointure of the wife by Indenture the Disseisee releaseth to the Disseisor upon condition the Deed is enrolled the wife elopeth from her husband who dyeth the wife enters and maketh a Lease for years of part without any rent the condition is broken the Disseisee enters this is an eviction but she shall not have Dower 13. Grandfather father and daughter the daughter disseiseth I. S. and enfeoffeth the grandfather who dyeth the father grants the Land to the daughter and I. D. her husband for their lives for c. the remainder to A. for life the father and I. D. die I. S. marrieth the daughter and claimes the Land this is an eviction and if shee be newly endowed and this is evicted she shall never have Dower 14. Land is given to A. S. and husband and wife in Fee the husband before this Statute gives the Land to A. D. and his wife in Taile for c. the husband and wife die I. D. dies the wife enters this is an eviction for all but the wife shall have Dower for no part 15. Three Joint-tenants the one releaseth to one of his Companions he to whom the release is made grants his part to husband and wife for five years and if the husband pay 20 l. at the Feast of Easter that then they shall have it for their lives for c. he dies before the Feast the husband tenders the money and dies the wife enters the third Ioint-tenant claimeth all this is not lawfull 16. A man deviseth Land to I. S. and by the same Will deviseth it to I. D. and his wife in perpetuum during their lives for a Iointure c. and dyeth I. S. releaseth to the wife the husband dies the wife enters I. S. dies the heir of the Devisor comes upon the Land and sayes that he will sue them for the Land this is not an eviction and she shall not have a Writ of Dower 17. A man seised of Land of 20 l. per annum taketh a wife A. gives Land to the value of 20 markes per annum to the husband and wife as long as I. S. hath issue the husband dies the wife enters I. S. dieth without issue A. marrieth the wife this is an eviction and shee shall have a Writ of Dower 18. A. maketh a Lease for life of 100 Acres parcell of a Mannor and after enfeoffeth I. S. and his wife of the Mannor without Deed. I. S. and his wife grant the Mannor to I. D. for life the remainder to his wife for her life rendring rent for c. I. S. dies the wife enters the wife of I. S. enters into the 100 Acres this is no eviction whereby she shall have a Writ of Dower 19. Two Ioint-tenants give Land of the value of 20 l. per anuum to husband and wife in Taile for c. upon condition that if one of them pay 20 l. at a certain day that then he shall enter the other Ioint-tenant and the husband build upon the Land whereby it is improved to the value of 30 l. and die the money is paid hee enters this is an eviction c. and the wife shall recover her Dower to the value of 15 l. 20. Land is given to husband and wife for their lives before marriage for c. they marry a praecipe is brought against them
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
c. the husband dies The wife before Entry surrendreth to the heir of the husband this is an agreement c. so an Attornment is an agreement c. FINIS The Reading of Thomas Risden in the Inner Temple made in the 20th year of the Reign of our late Soveraigne Lady Queen Elizabeth upon the Statute of 8. H. 6. chap. 9. of forcible Entry c. AT the Common Law before the making of any of the Statutes of forcible Entry every man might have entred into Lands or Tenements with force and might have also detained them with force upon good title and no way punishable as well as a man at this day upon good title may take and detaine his goods and Chattels out of the possession of a stranger with force and the effect of the issue in Trespasse thereupon brought was upon the title of the Parties and if found for the Plantiffe he was by that excused of the force but then if any man were found guilty of any such Entry with force the Iustices would assesse a greater fine in that Case then for other common trespasses And the same Law also was before any Statute thereof made that if any man were killed maimed or grievously wounded upon such forcible Entries Constables and other officers of the King might arrest them and carry them to prison but if no such act done as murther manslaughter or the like mischiefe then had not the officers any thing to doe with the matter although they were present at the same time And thereupon commeth the Statute of 5. R. 2. cap. 7. which Statute in a manner prohibiteth that it shall not be lawfull for any man to enter into any Lands or Tenements with force although his Entrie be lawfull and this Statute maketh force materiall in any action thereupon brought but yet this Statute doth not give any power to the Iustices of Peace to meddle with any such forcible Entrie except by a generall enquiry thereof made in their Sessions of Peace and not otherwise whereupon came the Statute of 15. R. 2. chap. 2. and thereby it is ordained that if any man enter into Lands or Tenements with sorce and detain also with force that after this Entrie the Iustices or one of them within the same County come with the power of the County and view the place of such forcible Entry made and if the same Iustices finde any men holding the same place with force that then they shall take them and commit them to the Goale as persons convicted of forcible Entry by their Record there to continue untill they have made a fine at the discretion of the same Iustices which Statute notwithstanding there remained divers other defects not remedied thereby for no remedy was given against them by the said Statute who enter peaceably and after their Entry detain with force neither is there any remedy given if the persons who entred be gone away before the comming of the Iustices nor no paine ordained by this Statute against the Sheriff if he will not execute the precept of the Iustices when they or any of them will inquire of any matter neither was the party by the said Statute to have any manner of restitution whereupon this Statute of 8. H 6. chap. 9. was made which provideth remedy as well for those defects before remembred as for the matters here ensuing as it appeareth by the letter of the same Statute the which Statute also maketh the force materiall as by the Statute of 5. R. 2. as well by way of inquirie as by action so every Party ought to mention the force in their severall Pleas but yet in any action brought thereupon if the parties joyn their issue upon their speciall pleading then such issue shall be alwayes upon the title and not upon the force and for that if the title be found for the Plantiffe the Defendant is ipso facto convicted of the force and if it be found for the Defendant he is also excused of the force and in none of the said Cases the force is inquireable but the title found with the one or other maketh an end of all as to the parties or for any thing which accrueth by the using of such an action wherein it varieth in some thing from the Statute of 5. R. 2. but yet he that committeth the force shall make a fine to the King notwithstanding this title and also in the same action if it be in a generall issue the force shall be inquired although the title be found for the one or other and so the diversity is but now this Statute of 8. H. 6. c. 9. that from henceforth if any make such forcible Entry c. by which words in the first branch of this Statute there was no onely like Law for the Entry and also detainer with force as is by the statute of 15. R. 2. but also for Entry which is made in peaceable manner and after detained with force c. upon which words in the first branch of this Statute I intend with your patience to show to you my simple conceit I. What shall be said a forcible Entry by this first branch of this Statute and what not what also shall be said a detaining with force within the purview of this Statute and what not and then who shall bee said a Party grieved to make complaint and tender the costs by this first branch c. and who not 1. IF two men or more be in harnish and having also in their hands sundry weapons who enter the house of another to have the possession thereof whereupon the party departeth a farre of without any other violence to him done this is a forcible Entry within the purview of this Statute See 11. H. 4. 14. 2. But if two men or more being arrayed in harnish and weapons enter the house of another by the doore being open and it is not known to what intent and thereupon the parties aforesaid notwithstanding the Tenants are remaining in quiet without violence used this is not any forcible Entry c. 3. If two or more enter the house of another in peaceable manner by the doore being open and upon their Entry with force and violence against the will of the party put him out of possession this is a forcible Entry by this Statute 4. If one sole person break the house of another and enter by the windowes against the will of the Owner and thereupon hee threatneth the party whereby for doubt he forsaketh the house this is a forcibly entry 5. If a forcible Entry bee made in the house of another for to fight with the party there dwelling whereupon he for doubt departeth thence and his enemies also this is not a forcible Entry c. 6. If a man make a Lease for life and after grant the Reversion to the same Lessee upon condition which is broken on the part of the Lessee thereupon the Leasor enters with force to gaine the
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
grieved shall recover treble dammages upon the words in this branch of this Statute I intend this day with your patience to shew unto you my conceit IV. What shall be said an ousting or disseisin with force within the branch of this Statute and what not what shall be said also a detaining with force within this branch and what not and who shall be said a party grieved to use any action and who not by this branch of the Statute and then how and by what action he shall have his remedie so given by this branch of the Statute 1. IF a forcible entry be made in the Land of another whereupon he waveth the possession without any violence to him made this is a disseisin with force by this branch of the Statute 2. If the Disseisee enter upon the Disseisor and oust him with force this is not any entry with force by this branch of the Statute 3. The Disseisee bringeth an assise and depending the assise the Disseisor dyeth seised his Heir enters upon whom the Disseisee entreth with force this is an entry with force by this branch of the Statute 4. If the Tenant of the Land payeth the Rent to a stranger by compulsion of distresse taken with force this is a desseisin with force 5. But if a man be disseised of any rent by the Tenant of the Land as by rescous with force this is not any disseisin with force by this Statute 6. If a man with force put in his Cattell and depasture the severall Land of another against the Statute of Westm the 2. yet this is not any disseisin with force by this Statute 7. The same Law is if the Lord distraine his Tenant more often then Rent or Service are arrear yet this is not any detaining by force by this Statute 8. But if the Lord improveth the Wasts with force not leaving sufficient Common for the Commoners this is a disseisin by force within the purview of this Statute 9. If a man distrain the Termor of another so often with force that the Leassee forsaketh his term whereby the Lord cannot have his rent reserved yet this is not any disseisin with force within this Statute 10. If Tenant by Statute Staple or by Statute Merchant be ousted with force this is a disseisin with force by this Statute 11. If Leassee for years with the remainder over for life be ousted with force this is not any disseisin with force by this Statute 12. If a man hath Common of Pasture in the Land of another and a stranger with force disseiseth him of his Common this is not any disseisin with force by this Statute 13. If a man hath a way appendant over the Land of another and is disseised of his way by a stranger with force this is not any disseisin with force by this Statute 14. A man hath Estoâ—ers appendant to his Mannor and after a stranger cutteth all the wood and taketh it with force yet this is not any disseisin with force by this Statute 15. If a man maketh a disseisin with force and Ryot against the Statute of Westm 2. c. 50. this is not any disseisin with force by this Statute 16. If a man claimeth a Rent or Common out of the Land of another which is detained with force whereby hee cannot have his Common this is not a detainer with force by this Statute 17. If a man will enter the Park of another to distraine his Game there whereby the other defendeth with force this is not a detainer with force by this Statute 18. If after continuall claime duly made the Disseisor continueth in with force this is a detainer with force by this Statute 19. If the Disseisor after that he hath continued in quiet Possession for three yeares detaineth with force yet this is not any detaining with force by this Statute 20. If the Disseisor after that he hath continued Possessiou quietly for three years and then the Disseisee maketh continuall claime and notwithstanding that the Disseisor continueth Possession with force this is not any detaining with force by this Statute 21. If a man by good Title continueth Possession in quiet for three years and then is disseised whereupon he re-entreth and detaineth with force yet this is not any detaining with force by this branch 22. If two Joint-tenants are disseised with force they both together are the parties grieved by this branch and none of them apart 23. But if after such Disseisin made one of them releaseth to the other or dyeth then the other by himselfe is a party grieved by this branch 24. If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dyeth the wife shall be a party grieved by this Statute 25. If a man seised of Land to which he hath Common appendant is disseised thereof with force and then he alieneth the Land and taketh back an Estate again he is not the party grieved by this Statute 26. If a man be seised in right of his wife and disseised with force and after they have issue the wife dyeth the husband is a party grieved by this Statute 27. If the Lord be disseised of his services with force and after the Tenancy escheateth the Lord is not the party grieved by this Statute 28. Disseisee and Disseisor being both upon the Land the Disseisee releaseth to the Disseisor and then such forcible entry or ouster is made the Disseisee is a party grieved within the purview of this Statute 29. A man seised of certain Land is out-lawed in a personall action and then a stranger depastureth the Land against the Statute of Westmin 2. after that he had his Charter of Pardon yet he is not a party grieved by this Statute 30. If the Tenant payeth the Rent to a stranger who no right hath whereupon the Lord bringeth an assise and is non-suit and then the pernor of the Rent dyeth seised and after the Tenant payeth it to another by distresse with force the heir of the first pernor shall be the party grieved by this Statute 31. If a man be ousted with force and thereupon he reentreth yet he is the party grieved to have an assise by this Statute upon the first entry with force 32. If a man be ousted with force and the Land is also detained with force the party so ousted is the party grieved by this Statute 33. If the father maketh a Lease for life to his eldest sonne and is disseised with force after which he dyeth the sonne is the party grieved by the purview of this Statute 34. Land descendeth to two daughters and the one enters generally and a stranger entreth who hath no right and ousteth her with force shee so ousted may have an assise by this Statute 35. The party grieved by this statute shall have an assise of Novill disseisin and by that hee shall recover troble dammages 36. The same Law is if an action of Trespasse be
brought upon this Statute in which he shall make mention of this Statute 37. So also if a Writ of Entry sur disseisin in nature of an assise if the disseisin be found with force c. 38. But in an action brought upon this Statute if the Jurors finde for the Defendant by false oath whereupon the party reverseth it by Writ of Attaint in this case he shall recover treble dammages in this Writ of Attaint IN my last Reading I have shewed unto you upon the branch of this Statute touching the using of any action by the party grieved what shall be a disseisin with force by this branch of this Statute and what not And what shall be also said a detaining by force and what not then by what action he shall have his remedy so given by this branch of this Statute This Statute goeth further Provided all wayes that those keep by force their Possessions in Lands or Tenements c. and upon these words in this branch or proviso in the end of the Statute I intend to shew unto you this day with your patience my conceit V. What shall be said a continuance of Possession by three yeares within the proviso of this Statute and what not Then where he who hath so continued possession by three yeares within the proviso of this Statute may justifie the detaining of it by force and where not And against what persons such justification shall be made and what not 1. IF a Disseisor continue Possession quietly for two years and then is disseised by his eldest sonne the Father dyeth and the sonne therein continueth the Possession for one yeare more this is not any continuance of Possession for three yeares within this branch or proviso 2. The same Law is if the father disseiseth his eldest sonne and continueth in Possession for two yeares and the sonne after his death for one yeare more yet this is not any continuance of Possession by three years within this proviso 3. But if the Disseisor continueth the Possession for two yeares in his own life time and dyeth seised whereby his sonne and heir entreth and continueth Possession for one yeare more this is a continuance of Possession c. 4. The same Law is it the Disseisor continue Possession for two yeares in the life of the Disseisee and one yeare after his death this is a continuace for three years by this proviso 5. If the Disseisee make continuall claime within three yeares then this is not a continuance of Possession by three years within this proviso 6. The same Law is if the Disseisor continue Possession by two years and his Feoffee by one yeare this is a continuance of Possession by three years within the proviso 7. If a man recovereth against one in a pracipe quod reddat by Covin and he against whom he hath recovered hath the Possession thereof in quiet by three yeares this is a continuance of Possession by three yeares within this proviso 8. If a man maketh a Lease for another mans life who continneth Possession by two yeares and then hee for whose life c. dyeth and the Leassee continueth Possession one yeare after the death of hee whose life c. yet this is not any continuance of Possession by three yeares within this proviso 9. But if hee had continued Possession by three years after the death of hee for whose life c. then this should be said a continuance of Possession by three yeares within this proviso 10. If the Disseisor maketh a Lease for life the remainder over in Fee and the Leassee holdeth in for a yeare and dyeth after whose death hee in remainder entreth and continueth the Possession for two yeares more this is not any continuance by three years within this branch c. 11. If Leassee for yeares continue Possession by two yeares and then his terme expireth after which he holdeth in for another yeare yet this is not any continuance of Possession by three yeares within the proviso 12. If a man maketh a Lease at Will and dyeth after whose death the Leassee continueth Possession by three yeares this is a continuance of Possession by three yeares within this branch 13. If the Disseisor continue the quiet Possession by one yeare and then maketh a Feoffment and taketh back an Estate againe and then hee continueth Possession by two yeares more this is not any continuance of Possession by three yeares within the branch of this Statute FINIS