not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Free-hold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice therereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Tenements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plow up any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and sell any such Timber this is waste Also Copy-holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquire also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake â—is goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver
's soever concerning the said Mannor and who have been Stewards of the said Mannor within the time of your remembrance Note if there be a Survey holden for two Mannors or more at one time then say instead of Mannor Mannors And the said Mannors or either of them 2. Item That you inform what Limits and Bounds belong to the said Mannors and what Lords are bounding or bordering therupon or whether they do chalenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Free-hold Lands and â—enements within the said Mannors from the Copy-hold customary and demeasne Lands of the said Mannors and either of them or any other Mannor and who are the Free-hold Tenants or Occupiers therof and what are their names and what Free-hold Rent do they severally pay to the Lord of the said Mannors for the same 4. Item What alienations transmutations or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them and what is due to the Lord upon any such alienation transmutation or alteration 5. Item What Houses or Tenements of Freehold are now standing or have been decayed within the said Mannors by whom and when were they so decayed what Laws do or heretofore did beloag to every such House oâ— Tenement and what Lands have been sold from the said Houses or Tenements and to whom 6. Item What Tenements or Cottages are lately built within the said Manors that are holden at will or sufferance or by Copy of Court-Roll of the said Mannors or either of them or any other Mannors and who be the owners or occupiers thereof and what Rents and Services do they yield and pay for the same and what Laws do belong to every such Tenement and Cottage and how long since have any such Tenements or Cortagâ—s been built and what Commonage do they challenge for the same and by what right and what is the name of such Common or Commons they challenge Commonage in 7. Item How many Copy-hold or Customary Tenants are within or belonging to the said Mannors and either of them and what be their several names and what Messuages Lands Tenements or Hereditaments hath every such Copy-holder or Customary Tenant what are their several quantities and yearly values where do they lie and how they are abuttalled and by what Rents and Services doth every such Copy-holder hold the same 8. Item Whether any of the Copy-holders within the said Mannors have exchanged bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder and what are such Lands and Tenements so bargained exchanged and sold yearly worth and where do they lie 9. Item Whether any Copy-hold or Customary Tenant of the said Mannors or either of them hath let or set for any time or term of years his Copy-hold or Customary Lands or Tenemenâ—s or any part thereof without the Lords license and whether any enjoy any Copy-hold or Customary Lands not having a Copy or Grant thereof immediately from the Lord of the said Mannors and what be their names and the yearly value thereof 10. Item What Lands Tenements Rents Services or Hereditaments within or belonging to the said Mannors are withholden concealed or substracted from the Lord of â—he said Mannors by whom and when c. 11. Item What Heath-Grounds Sheep-courses or Sheep-walks are within or belonging to the said Mannors how are they scituated set forth or bounded and how many Acres do every such Heath Sheep-course or Sheep-walk contain by measure or estimation and how many Sheep will the same yearly maintain and keep and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk and where do the same lie and at what time or times in the year is the said Priviledge and Feede to be taken and what is the yearly value of the said Sheep-walk or Sheeps-course 12. Item Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds Sheep-course or Sheeps-walks and by what tight do they hold or claim the same and how much Land have every such Land-holder and whether have they not other Lands of the Lord of the said Mannors in Leiu or exchange thereof and where do the said exchanged Lands severally lie and how are they abuttalled and bounded and what be the several Names of the Occupiers of such Lands and their several quantities 1. Item What Commons commonable Grounds waste and vacant Grounds are within and belonging to the same Mannors and what be their several names how are they scituated meered set forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who can and do justly claim or pretend to have any Common of Feede in the said commonable Grounds waste and vacant Grounds and what be their several names 14. Item What Inclosures and Incroachments have been made at any time heretofore and now being in upon or out of the said Commons commonable Grounds waste and vacant Grounds by whom where and when were they made and what quantity and by what warrant or right they did or do hold the same 15. Item What plantings or Trees is now and have been hertofore set or growing upon any of the Commons belonging to the said Mannors or either of them by whom they have been so set or planted and what be their names that challenge the same as belonging to their Houses of Tenements and what be the names of such Houses or Tenements and how far off are the said Plantings or Trees planted or growing from the said Houses or Tenements and what number of Plantings or trees do they severally challenge to belong to their said Houses or Tenements and by what right and who ha h lopâ—ed felled sold or converted to their own use any such Plantings or Trees and for how much do they or any of them hold the same 16. Item What demeasne Lands are belonging to the said Mannors and either of them and where do they severally lie and how are they abuttalled and what be their several quantities and qualities and their yearly value and what be the names of them that have them in Farm exchange or Occupation and for what Rent and term or for what cause do they severally hold the same 17. Item What Liberties Freedoms Frankchises and other preheminences and royalties do belong or appertain to the said Mannors what are the same and what profit may be yearly or otherwise made or raised by the Lord thereby 18. Lastly to enquire and certifie who shal neglect or refuse to bring in and shew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the said Manor together with all their Copies or Court Rolls of all such Lands as they severally hold by Copy of Court-Roll of the Mannors aforesaid for the better setting forth and distinguishing of the said Lands accordingly
whereby the Survey of the said Mannors may be made the more perfect The manner of making the Terrar or Field-Book may be thus A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same the 10 day of M. 1656. wherein all the Messuages Lands and Tenements in the said Mannors are set forth butted and bounded The Tenure how all such Lands are holden and who be the right Owners thereof Then begin at what part of the Town you please so go through setting down every parcel of Land Messuage or Tenement distinctly abutting and bounding it and at last set down the Tenure and Title of the Owner or Inheritor according to his evidence for the same as thus if you begin at the Mannor house then begin your Survey Book A. B. Esq Lord ef the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Mannor aforesaid in his Demeasne as of Fee together with Barns Stables Dove house Orchards Garden c. abutting and bounding the same exactly Then proceed to the next land as you go whether East or West if East then thus A. S. holdeth next and more East twenty Acres of Arable Land abutting c. as it lies c. by Copy of Court Roll ut patet per Cop. suam de Rotulis Curiae If it be Free-hold of Inheritance then say A. S. holdeth of the same Mannor one Free-Tenement c. abutting it exactly and putting down his Title and Tenure according to his Evidence If the Lords of Mannors and Tenants in their several Parishes and Townships would but joyn together with a little charge they might have Books of Survey made of their several Mannors wherein each mans Propriety might be recorded and known and this being done but once in an age or by every succeeding Lord his Tenants and himself might live in amity and tranquillity and many chargeable and vexatious Law-Suits to the undoing of thousands avoided and people might quietly follow their Vocations at home and not the promotion of others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounseur Self-ends and Avidus when wilt thou depart from us R. T. Pacis dulcis Amator Acording to promise I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Commonwealth bot declaring them sitter Objects of Reformation then Pratice they were indeed originally instituted for the more speedy administration of Justice between party and party in their Corporations but are now by the corruption of time become Instruments of vexation and injury and because they are seated in the Metropolis I shall first begin with the Sheriffs Court of London There is holden at the Guild-hall for the City of London two Court-days for one Compter holden before one of the Sheriffs and two Court-days for the other Compter before the other Sheriff in every week holding Plea in all personal Actions ad infinitum Their Practice in both Courts differs neither in manner nor form nor substance but the beginning of their proceeding I mean the levying of their Plaints is the most unjust and illegal both in the eye of the Law and of all rational people of any Court in the World For indeed the blame of all Courts is that they do not issue out Summons and take sufficient Pledge to prosecute upon the Return of the Summons as the Law originally intends before the awarding of any Capias for arresting the Body of the Defendant but return an Originall of course as they call it sometimes and sometimes not at all putting John Doe and Richard Roe for pledges to prosecute whereas indeed there ought to be a due Summons first returned and Pledges that iâ— sufficient Sureties That if the Plaintiff do not prosecute or be overthrown in his Action the Defendant shall be satisfied his costs and damages for his unjust trouble charge and vexation But the Practice of these Sheriffs Courts is so far from this that they make out no Process nor Precept at all for to warrant their Arrest But they have a Book in their Office at the Compter-gates wherein they enter the Actions that is the Plaintiffs and Defendants Names and the Debt or Damage and that is all And this is most often done after the party is arrested and in Prison for if two of their Varlets meet a man in the street minding to make a prey of him for which they continually lurk they immediatly seize on him if they know but any person he hath any dealing with be the Case right or wrong they presently drag him to the Compter or their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he livâ—s And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute Johu Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to boot is above three quarters of a yeer and then if the Plaintiff declare not he may obtain his Liberty by a Supersedeas if he hath money
to purchase it but not a farthing costs or any remedy against the party that injured him by this wicked practice many a poor Soulâ— miserably endes his dayes in New-gate And if a man be arrested by a Latitat or Bill of Middlesex and the Pâ—aintiff never declare after he hath put in Bayl he shall not have any costs but only a Non-suite or a Discontinuance as they call it unless the Defendant appear in person and that is hardly worth his while This I make bold hereto mention because it is a Grievance crieâ— loud for Redress and so doth the City-Court too for can it seem reasonable that any man should be arrested and imprisoned he knows not why not wherefore and most times irregularly the Serjeants having the advantage to do it without Warrant or any Precept or Process to be shown oftentimes nay most commonly imprison the Defendant without any Action entred against him This Practice was abhorred by the Heathens and then is it not a shame it should be tolerated by Christians But after the Arrest the Defeâ—dant appearing by Attorney the Plantiffs Attorney declares if cause be and then they fairly proceed to Trial according to the substance of the Proceeding of the Upper-Bench though different in form and to the Defendant if he be a Free-man in case of debt is allowed four Defaults by which time he may make his peace if he be wise And by the way give me leave to tell you that I have read and I am sure 't is reasonable That it is not lawful for a Citizen or one living in a Corporation to arrest any stâ—anger that inhabits in another Country into one of these Courts but by Pâ—ocess from above for these Courts had their Authority granted them originally from the King for their ease and the more easie dispatch of Justice between one another in their several Franchises for as the Forraigner hath no benefit by their Franchise so ought he not to be impleaded in their Courts Besides a great disadvantage lies upon the stranger being far from home and distant from Friends is too often enforced to purchase his Liberty by an unjust Composition There is also a Court holden before the Major and Alderman in the Guild-hall of the said City unto which the Sheriffs Court is subject by removal and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas if the Action be not under five pounds and if it be then the Defendant may cause another Action to be entred against him at the Sute of any person he will name which is above 5 l. and remove both together There is also another Court of Equity held between one Freeman and another in the said City wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher Thus by the head you may guess at the whole Body I mean the Proceedings of â—ll Corporations for setting the first Arrest or Process aside when they come to declare they do generally in theâ—r Declarations imitate the Bills and Declarations of the Upper Bench. I would be larger but I proceed to other things here more aimed at only by the way let me desire the Stewards and Judges of all such Courts to be careful in amending what Erâ—ors they finde have through the rust of Antiquity crept in among them endeavoring as much as they can the ease of the Subject and equal Right to all Certain Questions and Cases in LAW Resolved 1. JOHN Doe surrendred to his Wife certain Copy-hold Land of Inheritance to her and to the Heirs of their two Bodides to be begotten and for default of such issue to the right heirs of the said John Doe but in the said surrender doth not express that he gives it to her for her Joynture although it was his intent she should have no other Dowy whether is this a Joynture or not 2. The said John Doe died without Will his Wife administred and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir which the Praisers refuse to put into the Inventory for the reason aforesaid This Widdow marries again and her Husband takes away the Timber so felled from off the Lands belonging to the said Heir whether is this Felony or not 3. Her said Husband is the Lord of the Mannor and doth detain and keep certain Writings from the Heir of the said Deceased refusing to keep any Court where the Heir should be admitted Tenant to certain Copy-hold Land lying within his Manor but doth destrain for Quit-Rent upon the Land belonging to the Heir refusing to deliver the Heir his Writings or shew any Title he hath to the Quit-Rent 4. Whether the aforenamed Surrender being accepted and taken doth not barr the woman to have any Dowry either in Fee or Copy-hold Lands after her deceased Husband although the Custom Bank of that place where the Copy hold lieth renders the Widdow of the Deceased the third part of the Lands that her Husband died seized of 5. What sorts of Wood is accounted Timber by the Law and whether the Woman by vertue of the aforenamed Surrender can cut and sell any manner of Woods growing upon the said surrendred Lands to make a waste and spoil or whether the Land restrains her but to cut for necessary uses 6. Whether the Widow of the Deceased in her Widdowhood letting a Leese Parole for five yeares of her surrendred Land contrary to the Custome ought not to make good the said Lease Parole to the Tenant because he shall be much damnified if he enjoy not the same 7. If a man taken with an Execution for Debt by the Sheriffs Bayliffs and the said Bayliffs suffer him to make an escape and the Creditor reneweth not the Execution in two or three yeares after whether may he afterward bring his Action against the Sheriff or the Debtor 8. We desire to know what penalty is to be laid upon the Lord of the Mannor which ought to keep a Court-Leet once a year and doth not and to whom the penalty belongeth 9. How Lords of Mannors do hold their Lordships and Mannors and whether they pay any Rent therefore or no 10. If Lord of a Mannnor commit Felony who is to have the forfeiture of his Royalty The Resolution of the foregoing Questions To the first A Joynture of a Copy-hold doth not bar Dower for that at the common Law it it did not and by the Statute of Uses the Joynture must be of Lands at the common Law and whereof Uses might be raised which holds in neither in Copy-holds 2. It is not Felony but the Lord of the Mannor may have an Action of Trespass again the said Husband or the Heir may have an Action upon the case against him 3. The Heir may sue him at common Law for detaining of his Writings and touching the distress for Quit-Rents let the Tenant bring a Replevin and
A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Iâ—fant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age bringeth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after devâ—seth his reversion this is a good device A man granâ—s his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A man holdeth Land in Soccage of a common Lord and he conveys this by fraud to defraud the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for life the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execu or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries 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 dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marrieh another wife and after marrieth her with whom he was contracted he and this wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joyntuâ—e A windmil is leasâ—d to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. 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 wise and to thesr Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in fraâ—k-marriage for c. I. S. and the deviser die the husband enters and dies the wife enters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea forsaketh into which the husband and wife enter this is not any estate made in the five acres newly gained J. S. by indenture bargains and sells a Dove-house to husband and wife and to their heirs so long as they have issue of their bodies whereas he hath no Dove-house J. S. builded one the husband enters and Dies the wife enters this is no tail in Joynture c. The father giveth Land to the son and his wife liberis suis with warranty to the son and his Wife and to the heirs of their bodies for ten years they are impleaded within the ten years and lose and have in value the years expire the husband dies the wife enters this is not an estate in tail for joynture but for life Land is given to A. and B. and to the heirs of B. B. leaseth this to a feme sole for life the lessor grants to the said feme and J. D. common for ten year out of the said Land during their lives for the Joynture of lessee and after marrieth her A. and D. die this is an estate conveyed for life as an hereditament To grant an annuity of 10 l. joyntly and severally to J. S. in Fee who granteth it to husband and wife to the husband for the life of J. D. to the wife until one of the sons of J. S. accomplish the age of twenty one yeers the husband dieth the wife accepteth this annuity this is an estate made for the wife for a joynture c. A Lease for life is made to the husband the remainder to his wife and J. D. successive for their lives the husband felleth trees and dies the wife enters the Vendee cuts the lessor recovers in a Writ of wast and hath execution this is an eviction by lawful action and yet the wife shall not have a Writ of Dower A Lordship by fealty and rent is given to Baron and feme in tail before marrige for c. the remainder in fee a Tenancy escheateth the husband leaseth the Seignory to A. who recovereth in a Cessavit and dies his heir enters the husband dies this is an eviction by lawful action and the wife shall recover but an estate for life to the value of the Tenancy Tenant in tail of a