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
Land but not for goods 4. A Testament for Land without insealing or subscribing is good enough so that it be put in writing in the life of the Testator although that it bee never proved before the Ordinary 5. A man maketh his Will in such form Haecest voluntas intentio A. B. c. for the disposition of his Land it is not good without saying Vltima voluntas 6. A man saith to I. S. Inheritor that if he will not make his will before such a day that he will expell him from the Land with force and for that menace he maketh his will this is a good Testament 7. A man maketh a Testament of his Land in one County and long time after maketh a Testament of his Land in another County these are good 8. Two men severally seised of Land make a joynt Testament of their Land this shall be good and severall Testaments 9. A man is in making his Testament and had devised a parcell of his Land and before the perfection and finishing of it he dyeth this is good for so much as is devised 10. A man willeth by his Testament that his Lands shall be sold to pay his debts and sheweth not by whom this is a good will and shall be performed by his Executors or Administrators 11. A man maketh a Will of Land in which he hath nothing and after purchaseth the same Land and dyeth this is not a good Will 12. The same Law if a man make a Will of his Land and after aliens this Land in Fee and after repurchaseth this is not good 13. A Woman Covert maketh a Will of her Land and after taketh husband who hath issue the husband dyeth the wife dyeth this is not a good Will 14. A man maketh a will and after he maketh a new Will and after in his bed dying saith that the first Will shall be his last Will this is good 15. A man maketh his Will in Writing and after giveth divers Legacies to divers persons and after by word he revoketh all but one this is a good Revocation of all but that one 16. Before the Statute of 27. H. 8. A man maketh a Feoffment to the performance of his will and intent the which will and intent is declared in a Schedule thereunto annexed upon the livery which is to the use of I. S. in fee this cannot be revoked nor altered by his Last Will. 17. Otherwise it is if the Feoffment was to perform his last Will which is declared ut supra this may be altered and changed 18. A man giveth Land by his Will in Fee and after by another Will hee giveth the same Land to another but for terme of life this is a Revocation of the intire first Will. III. What person shall take by a Devise and what not and of what thing a Devise shall be made and of what not 1. A Woman seised of Lands deviseable or in use before the Statute of 27. H. 8. deviseth this to her husband this is void 2. A man deviseth a Reversion depending upon an estate for life to the Parson of D. and to his successours the Parson dyeth and after a new Parson is made the particular Tenant dyeth the new Parson shall have it 3. A man by the premises of his Will deviseth his Land to I. S. in Fee and by the sequele he deviseth the same Land to I. N. in Fee they both shall take by this Testament and shall be joint-tenants 4. A man deviseth Land to the Deane of Pauls without naming his name of Baptisme this is good 5. Three Brothers are of one Father and Mother the middle brother seised of Land deviseable giveth this by his Testament Propinquiori fratri suo it seemeth that none of them shall have it 6. A terme of yeares is devised to the Church-wardens of the Church of D. and to their successours this is not good but for goods so devised the Law is contrary 7. A man who hath a terme deviseth the Land to one and his heires the devise dyeth and hath Executors his Heires shall have the Land and not the Executors contrary the Law is if the intire terme were so devised 8. A Devise made Canonicis Ecclesiae Catholicae Pauli Lond. in perpetuum is a good devise to all the Canons joyntly in Fee and the survivour shall have the entierty contrary the Law is of a devise made Civitati Lond. in perpetuum the Corporation of the Maior and Commonalty shall take by this devise 9. A man deviseth Land to one for term of life the remainder over in Fee the Devisee for life refuseth yet he in the remainder may enter but if the Will were that the Executors shall make a Lease for life the remainder over in Fee and they offer to make the Lease accordingly and the Lessee refuseth he in the remainder shall not have the remainder quare 29. ass 10. A man willeth that his Executors shall sell his Lands for the payment of his debts they all dye but one he maketh the sale the Vendee shall not have the Land contrary the Law if to the Executors to be sould 11. A man maketh two Executors and willeth that they shall sell the Land for the payment of debts and they sell it for terme of life the remainder to one of themselves the Vendee dyeth he in the remainder may enter 12. I. S. hath issue two sonnes and dyeth the elder hath issue a daughter who hath issue a sonne and dieth Land is given by Testament to one for life the remainder to the next Male of the body of I. S. begotten the second sonne of I. S. shall have the Land and not the sonne of the daughter contrary it would be if the remainder were intailed by need 13. A man deviseth his Land to his wife being with child the remainder to the issue en Ventre sa feme his wife in Travaile dyeth and the sonne is ripped from his mother alive he shall have the remainder 14. A man deviseth Land to one for life the remainder to the eldest sonne of the Devisor in Taile the remainder over in Taile the remainder in Fee to the sonne he in the last remainder dyeth without issue Devisee for life dyeth the sonne shall take the Estate Taile Volens nolens 15. A man deviseth his Land to Elianor the daughter of I. S. and I. S. hath divers daughters whereof one is named Helen and none Elianor this is a good devise to Hellen. 16. A man hath two Wive and he deviseth his Land to his latter wife in Fee the first wife shall have it 17 So if one hath two sonnes called I and one of them is a bastard and borne before marriage and hee makes a devise to his sonne I the legitimate I shall have it and not the bastard 18. A man hath issue a sonne and Land is devised to the Father Habend sibi hared de corpore suo legitime procreand and after the Devisee hath
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-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
of one of them without shewing in certaine which to a woman sole in Fee she taketh husband and after the Lessee is impleaded in a praecipe quod reddat of one of the Acres and prayeth ayd of the Husband and Wife as of them in remainder they joyne in ayd gratis and cannot barre the demandant whereby he recovereth the Husband dyeth the Lessee dyeth the Wife hath the Fee-simple in the other Acre if she pleaseth 17. A Mannor to which a Villeyn is regardant is leased for years the Lessee maketh Executors and dyeth the Executors enter and obtain the Villeyn who purchaseth Land in Fee the Executors enter they have not Fee-simple 18. Land is given in Taile to a Villayn the Lord entreth he hath not Fee-simple 19. A Disseisor infeoffeth the King by Deed inrolled after the King reciting the ancient right of the Disseisee grants the Land by Letters Pattents to him habendum sibi haeredibus suis masculis he shall have Fee-simple 20. Tenant for life of a Seigniory recovers in a Cessavit he shall have the Land in Fee-simple 21. Tenant in Taile of an Advowson grants in Fee by fine an Ancestor Collaterall of the Tenant in Taile releaseth to the Grantee with warranty and dyeth the Grantee hath not Fee-simple otherwise if one usurp upon Tenant in Taile in the Church and his Clerk in by six moneths he had Fee-simple 22. Tenant in Taile infeosfeth his brother recovery is had against him by erroneous judgement the Tenant in Taile hath issue and dyeth the issue within age the brother dyeth without issue the issue in Taile being his Heir within age reverseth the judgement by error and enters he hath Fee-simple 23. The same Law if Tenant in Taile infeoffe his sonne within age and dyeth and he aliens in Fee and at full age recovereth in dum fuit infra atatem he is seised in Fee-simple 24. Tenant in Taile the reversion to the King is desseised the disseisor hath not Fee-simple 25. A man Committeth a Disseisin to the use of the Dean and Chapter of Pauls and they enter and occupy they have Fee-simple 26. A Lease is made to Husband and Wife by Deed pro termino vitae suae habendum eis pro termino vitae of the Wife she dyeth the Husband continueth in possession he hath Fee-simple 27. A man seised of an advowson in Fee the Church becomes void the Patron commeth to the Ordinary and prayeth him to admit and institute him to the Church and so he doth the Ordinary hath not Fee-simple so that he can devise it 28. Tenant for years the remainder in Taile of a Mannor joyne in a Fine of the Mannor without proclamations sur Conusance de dreit come ceo c. the Tenants attorn the Tenant in Taile dyeth the Conusee hath Fee-simple as well in the services as in the demesnes 29. Tenant in Taile of a Mannor to which an Advowson is appendant discontinueth the Mannor cum pertinent in Fee and at the next avoidance he presents and dyeth seised of the Advowson his issue shall be said seised in Fee of the advowson 5. H. 7. 35. b. Marmadukes case 30. A man deviseth Land in perpetuum during the life of I. S. he hath not Fee-simple 31. A Lease is made to a woman for term of years upon condition that if she have issue within the term that she shall have Fee the Lessor and Lessee inter-marry and have issue within the term and the Husband dyeth the term expireth the Wife continueth in she is seised of the Fee-simple 32. A man seised of two Acres in Fee aliens one of them by Deed and by the same Deed he obligeth the other Acre to warrant the first Acre to the Feoffee and his Heirs the Feoffor aliens the other Acre the first Feoffee is impleaded and voucheth the second Feoffee and demandeth the lien whereupon he demurreth in Law 33. A Villayn purchaseth Land for term of life the remainder to his sonne in Fee who is a Villayn also to the same Lord the Lord enters upon the Lessee he is not seised of the remainder in Fee without Claime 34. Tenant in Taile infeoffes his eldest sonne within age the sonne within age infeoffeth another the father dyeth the sonne at full age recovereth in dum fuit infra aetatem he is seised in Fee-simple 35. Husband and Wife joint-tenants in Taile make a Lease for life the Husband dyes the Fee-simple descends to his sonne living the Wife VI. Who shall be said to have a sole estate in Fee-simple so that he may devise it and who not 1. CEstuy que use before 27. H. 8. makes a Lease for life the remainder to one of his Feoffees in Fee he hath a sole Estate in Fee-simple 2. A man seised of Land in Fee hath issue a daughter beyond the Seas and after he hath another daughter within the Realm and dyeth the daughters enter together the younger daughter hath a sole Estate in Fee-simple 3. A man is disseised by two and he releaseth all his right to one of them in Taile he is sole seised in Fee-simple 4. A Disseisor maketh a Lease for years the Termor infeoffeth two the first Disseisee releaseth to one of them he is not sole seised 5. The same Law if two gaine a Patronage by usurpation by six Months the rightfull Patron releaseth to one of them he is not sole seised 6. A Mannor with an Advowson appendant descends to an Infant an Estranger usurpeth the Infant at his full age infeoffeth the Usurpor and a stranger in Fee of the Mannor cum pertinent the Usurper is sole seised in Fee of the advowson 7. One joint-tenant releaseth to his Companion upon condition the Releassee dyeth his Heir enters the condition is broken and the Releassor enters clayming the moity the Heir shall not be said to be sole seised 8. Disseisor maketh a gift in Taile the remainder in Fee to two the Tenant in Taile hath issue and dyeth the issue enters and dyeth without issue the in the remainder enter the Disseisee enters upon them and they re-enter and the Disseisee releaseth to one of them he shall be sole seised 9. Two Co-parceners in Fee are impleaded the one of them disclaimeth the other is not sole seised otherwise the Law is between joynt-tenants 10. Before 27. H. 8. Cestuy que use entreth upon the Feoffees and infeoffeth one of them he is immediately sole seised of the Fee-simple 11. Deane and Chapter infeoffeth one of the Chapter of Land which they have in right of the Church he is sole seised 12. A man seised in Fee hath issue two daughters bastards and one daughter legitimate the bastards enter the daughter ligitimate releaseth to one of them she is not sole seased 13. Land is given to a man habend sibi una cum Alicia daughter of the Donor in frank marriage after they are divorced Causa praecontractus at the suit of the Husband the Donor dyeth the daughter is his Heire
of a Lord by Priority and of the King as of a Mannor by Posteriority the King grants the Mannor in Fee the Tenant dies his Heir within age the Lord by Priority shall have the body and land of him holden and the Grantee of the King but the other land 25. The Tenant hath issue a sonne who is made a Knight within age and his Father dyeth his body shall be out of Ward 26. The Tenant infeoffeth his sonne and Heir apparent within age the Lord accepteth homage of him the Father dyeth he shall be out of Ward 27. Lord Mesne and Tenant the Tenant holdeth of the Mesne by Priority who holdeth over of the Lord by Priority and the Tenant holdeth of another by Posteriority the Tenant forjudgeth the Mesne and dyeth his Heir within age hee shall bee in Ward for his body to the Lord Paramount 28. The Tenant being within age or of non sane memory See the first part of the Institutes 76. b. maketh a Feoffment and dyeth and the Heir within age recovereth by dum non fuit compos mentis or dum fuit infra aetatem and enters he shall not be in Ward otherwise if the Heir recovers in an assise of Mortdaxicester against the Abator and enters he shall be in Ward 29. The issue in Taile recovereth in a formedon and enters being within age he shall be in Ward for land and body 30. Lord Mesne and Tenant the Heir of the Tenant is in Ward to the Mesne the Lord releaseth to the Heir he shall not be out of Ward Quaere 31. The Tenant infeoffeth another by Collusion the Feoffee continuando Collusionem executeth an estate to the Feoffor for term of life the Remainder in Taile to the eldest sonne and after the Father dyeth the sonne enters within age he shall be in Ward for the body and land without forcing the Lord to his Writ of Right of Ward 32. The Tenant infeoffeth another by Collusion to infeoffe the Heir at full age and dyeth the Feoffee infeoffeth another bona fide yet the body and land shall be in Ward 33. The Heire apparent is retained in Service in the life of his Father who dyeth seised the Heire shall be in Ward for the body and land 34. Tenant in Chivalry maketh a Lease for life the Remainder over in Taile the Leassee is disseised the Donor releaseth to him in the Remainder in Fee he in the Remainder entreth upon the Disseisor upon whose possession the Leassee for life releaseth his right after he dyeth leaving the Leassee his issue within age he shall be in Ward to the Donor for body and land 35. Grandfather Father and Sonne the Father holdeth an Acre of the King in Capite by Knight Service and a Feoffment is made of Land holden of a Common Lord before 27. H. 8. to the use of the Grandfather and his Wife and of the Heirs of the Grandfather the Grandfather dyeth his Wife living the Father dyeth his sonne within age and this is found by office the King shall have the Wardship of the land in use by his Prerogative 36. The Tenant maketh a Feoffment by Collusion to defraud his Lord c. and after the Tenant purchaseth land which is holden of the King in Capite and dyeth his Heir within age the King shall have the Wardship of the body and of all the land 37. Grandfather Father and sonne within age the Father disseiseth the Grandfather and maketh a Feoffment and dyeth the Grandfather dyeth the sonne shall be in Ward for body and land otherwise if the Father survive the Grandfather 38. Lord Mesne and Tenant by Knight Service the Tenant dyeth his Heir within age the Mesne seiseth the Ward and granteth it over and after the Mesne dyeth the said Heir being also his Heir the Mesnalty only shall be in Ward to the Lord. 39. Land is given to the Father and son for term of their lives the Remainder to the right Heirs of the Father who dyeth the sonne shall be in Ward for the body but not for the Land Quaere XIII Where a Will made of all the Land holden by Knight Service shall be good and where not And where a Will made of all the Socage Land shall bee good for two parts and where otherwise 1. A Man seised of three Mannors of equall value the one holden of the King by Knight Service in chief the others holden of other two Lords by Knight Service he deviseth the two intire Mannors reserving the Mannor holden of the King this is good for the whole quaere the fourth Article of the Statute of 32. and quaere the seventh Article of the Act of Explanation if it be not otherwise declared that is two parts of every Mannor 2. A man seised of Land in Fee holden of a Common Lord by Knight Service and hath not any other Land deviseth the whole this is void for the whole for this case is not provided for by the first act and it is contrary to the fourth Article in the Act of 34. H. 8. 3. A man seised in Fee maketh a Feoffment by Licence of the next Lord to hold of the Feoffor and his heirs in Socage for 10. years and after by Knight Service the Feoffee within the term declareth his will of the whole and dyeth within the term this is good for all for ever Quaere 4. A man seised in Fee in Socage deviseth the moity thereof only this is good the same Law of a devise of a third or fourth part of Knight Service Land 5. Lord Mesne and Tenant and each holdeth of the other by homage fealty and a hawk and the Mesne deviseth two parts of his Mesnalty this is void 6. A man holdeth in Chivalry a Mannor to which an Advowson is appendant and deviseth two parts of his Mannor una cum advocatione this is void for the Advowson 7. A man holdeth Land in Socage and after confesseth in Court of Record where it is found by office that the Land is holden by Knight Service and after maketh a devise of the whole Land this is good 8. Lord Mesne and Tenant the Tenant holdeth of the Mesne by Knight Service and he over in Socage the Mesne granteth the Mesnalty to the wife of the Tenant and to her heirs the husband deviseth the whole Land and dyeth this is good for the whole 9. Lord Mesne and Tenant the Tenant holdeth of the Mesne by Knight Service and he over in Socage the Mesne grants his Mesnalty to a stranger for the life of the Tenant the Remainder to the right heirs of the Tenant he declareth his Will of the whole this is good 10. Lord Mesne and Feme Tenant ut supra the Feme taketh husband the Mesne releaseth to the husband and his heires and he dyeth the wife declareth her Will of the whole this is good 11. A man holdeth Land by Knight Service and maketh a gift in Taile to hold by Socage the tenant in taile maketh his
of the King by Chivalry and also of Land in Taile to him and his heirs Females of his body and hath issue a son and a daughter and dyeth his son within age the King shall not be compelled to take the taile c. 3. Tenant of the King of Fee-simple in Chiefe purchaseth land to him and to the heirs of the body of the father begotten his father then being dead after he hath issue a son and dieth the sonne within age the King shall take the Taile c. 4. Grandfather father and son the grandfather seised of land in Fee land is given to the grandfather and to his heirs of the body of the father begotten the father dieth the grandfather declareth his will of the land in Fee-simple and dieth the sonne within age the King shall have the land Taile 5. Grandfather father and sonne the father is seised in Fee of land holden of the King in Capite by Chivalrie the father giveth land to the grandfather in Taile that is to him and his heirs of his body begotten the grandfather maketh his will of the Fee-simple and dieth the father dieth the sonne within age the King shall take the land Tailed quaere 6. Grandfather father and son the father seised in Fee of land holden of the King by Knight service land is given to one for life the remainder to the heirs of the body of the grandfather begotten the grandfather dieth the Leasee dieth the father maketh his will of the whole Fee-simple and dieth the sonne within age the King shall bee compelled to take the land tail'd 7. Father and son the father seised in Fee holden ut supra disseiseth the sonne of land tailed and declareth his will of the Fee-simple land and dieth the sonne within age the King shall not be compelled to the tailed land 8. Tenant in Taile seised also of Fee-simple is disseised of the land in Taile and giveth all his Fee-simple and dieth his issue within age the King enters into the land intailed he shall not be forced to take it for Wardship 9. A man seised in Fee-simple and purchaseth land to him and his son being within age and to the heirs of the body of the father he deviseth the Fee-simple and dieth the King shall not be compelled to take the Wardship of the lands in Taile 10. A man seised of land in Fee holden of the King ut supra and land is given to him with a woman in frankmarriage the remainder over in Fee and they have issue the wife dieth the husband deviseth the land in Fee-simple and dieth the issue within age the King shall not take the land in taile otherwise if the remainder of the Fee-simple had been given to the husband 11. A Feme seised of land in Fee simple holden ut supra and land is given to her and to the heirs of her body by the donor begotten and the donor after marrieth with her and they have issue the donor dieth the wife deviseth all the Fee simple and dieth the issue within age the King shall be compelled to take the land tail'd 12. A man seised in Fee hath issue two sonnes by divers venters and purchaseth land to him in taile generall and dieth seised of all the elder son enters and deviseth the Fee-simple and dieth without issue the puisne within age the King shall not be chased to take it c. 13. Tenant in Taile seised of land in Fee-simple holden ut supra maketh a Lease of the land tailed for term of his own life and a yeare after the remainder to his eldest sonne in Fee and deviseth the whole Fee-simple and dieth his issue within age after the year the King shall not be chased to take c. 14. A man seised of land in Fee-holden in Chiefe and land is given to him for life the remainder to his eldest sonne in Taile the remainder to the right heirs of the father the father maketh a feoffment with warranty and taketh back an estate to him in Taile and maketh a will of all the Fee-simple land and dieth his son within age the King shall not be compelled c. 15. Tenant in Taile seised also of other land in Fee holden ut supra hath issue two sons the eldest is attainted in the life of the father and hath a Charter of pardon and after the father deviseth the whole Fee-simple and dieth the eldest son within age the King shall not bee forced to take c. 16. Grandfather father and son the grandfather seised of divers parcels of land giveth part thereof to the father in taile and after disseiseth the father maketh a feoffment with warranty and taketh back an estate to him in Taile the father dieth the grandfather deviseth all his Fee-simple and dieth the sonne within age the King shall not have this land in Ward 17. A feme seised of land in Fee holden of the King ut supra purchaseth land to her and her husband and to the heirs betwixt them begotten and they have issue and are disseised of the tailed land the disseisor dieth his heir is in by descent the husband dieth the wife declareth her will of all the Fee-simple and dieth the issue within age who enters presently the King shall not have the tailed land in Ward 18. I. S. seised of land in Fee holden ut supra land is given to one for term of life of the said I. S. the remainder to the heirs of the body of the said I. S. begotten I. S. purchaseth the estate of the Leasee and deviseth the intire Fee-simple and hath issue and dyeth the issue within age the King shall not have this land inatiled 19. A man seised of land in Fee holden of the King in Capite hath issue a son and a daughter and land is given to the father and to the heirs males of his body begotten the remainder to his heirs females of his body begotten and dieth seised the son enters into all and deviseth the whole Fee-simple and hath issue a daughter within age and dieth the King shall not have this land intailed 20. A man hath issue two sons and dieth the eldest son is seised in Fee and land is given to him and to his heirs of his body begotten he deviseth the whole Fee-simple and dieth the younger son within age the King shall not have it c. 21. A man seised of land in Fee hath issue a son and a daughter by one venter and a son by another venter maketh a Lease of a third part of the land to one for term of life of the eldest son and dieth the eldest son enters into the residue and maketh a release to the Leasee of all his right in the land and deviseth the intire land residue and dieth the daughter within age the Leasee dieth the King shall not have this land for his part 22. Tenant in taile is seised also of Fee-simple holden c. and discontinueth the Taile
to another in Taile the second donee dieth without issue his wife privement insent the donor deviseth his Fee-simple land and dieth his son within age the issue of the donee is borne the King shall have the land tailed 23. Grand-father father and son the grandfather giveth part of his Fee-simple land to the father in taile the father granteth all his estate to a stranger upon whose possession the grandfather releaseth in Fee with warranty accordingly and dieth the father deviseth all his Fee-simple and dieth the son within age the King shall have it 24. A woman seised of land in Fee-simple taketh husband and they have issue and land is given to the husband and wife in taile speciall and after by Act of Parliament it is inacted that all estates made to the husband shall be void the husband dieth the wife deviseth her intire Fee simple which is holden of the King and dieth the issue within age the King shall not be compelled to take c. 25. A man seised of land in Fee-simple holden c. hath issue a sonne land is given to the father and son and to the heirs of the father and they joyne in a lease for life the remainder to the sonne in Taile the Leasee dieth the father deviseth all the other land and dieth the son within age the King shall not have this land c. 26. A man is seised in Fee and land is given to him and his wife and to their heirs between them lawfully begotten the remainder to the right heirs of the husband the wife dieth without issue the husband taketh another wife and hath issue and deviseth the whole Fee-simple and dieth the issue within age the King shall have this land as intailed and not the Fee-simple XV. Where the King of other Lordin Knight service shall have recompence out of the two parts devised by reason of Eviction or determination of their interest in the third part and where not this division is grounded upon 34. H. 8. c. 5. of Explanation Article the 18th 1. LAnds which were first in Ward to K. H. 8. are in Ward to the King that now is and are recovered against the infant by default in a formedon or other action-reall upon a good title and execution sued accordingly the King shall have recompence according to his losse but if the heir within age or the true Lord of whom the land is held tender a Traverse to an office which hath found a false Tenure for the King and this traverse is found for the party the King shall not have any recompence 2. A praecipe quod reddat is brought against the heir for the land which is assigned to the lord and no Town is mentioned in the writ but the land is well put in view and the demandant recovereth upon a good title and enters the guardian shall not have recompence 3. A man recovereth in the common place the lands of the Ward where no originall writ thereof is brought and enters the guardian shall have recompence 4. A formedone is brought against the heir of the lands in Ward upon a good title of an ancestour in taile being discontinued and the demandant recovereth by triall and before execution he dieth without issue the donor or his heir enters upon the guardian he shall not have recompence 5. The Guardian in Chivalry granteth all his interest in the Ward to another against whom the wife of the ancestor of the heir in Ward recovereth in dower and hath execution the Grantee shall not have recompence for that he is not Lord for the statute giveth recompence only to the Lord. 6. A man recovereth against the heir by formedone in the descender where it should be in the remainder but upon good Title or by writ of Entrie in the post where it should be within the degrees and sueth execution the Lord shall have recompence 7. A man recovereth in ancient Demesne by Writ of Right Close in the nature of a Writ of Right at the Common Law by default upon a good title but soveraignty was taken away where in truth the land lyeth out of ancient Demesne and sueth execution the lord shall not have recompence 8. Land lieth in Wales and Durham and is recovered in the Common Place at Westminster and execution sued the Lord shall not have recompence 9. A praecipe quod reddat was brough for land in Ward against the father of the heir and he voucheth to warranty and at the summoneas ad warrantizandū returned served the vouchee maketh default whereupon the grande Cape ad valentiam issueth and the writ returned served but the Sheriffe returneth that the Tenant was dead and yet judgement was given for the demandant at his perill and he entreth upon the Guardian hee shall not be recompenced 10. The land in ward is parcell of a Mannor which lyeth in Bristoll and out of it and Bristoll hath a Charter from the Kings Progenitors that the Burgesses shall not be impleaded out of the Towne for any freehold within the Towne but shall be impleaded thereof before the Bailiffes there and the heir is one of the Burgesses and is impleaded for the whole Mannor in the Common Place and a recovery by default and execution sued the Lord shall have recompence 11. A widow hath title of Dower against the Guardian and she releaseth to him all the right and contrary to her release she bringeth a writ of Right of Dower against him and recovereth he shall not have recompence 12. A praecipe quod reddat is brought against the heir he voucheth the Guardian by reason of a warranty mad◠〈◊〉 himself or his ancestor the Guardian enters into the warranty and after the demandant releaseth all his right to the Tenant and to the Vouchee and delivereth it to the Vouchee and he doth not plead it but acknowledgeth the action of the demandant and he recovereth and entreth the Guardian shall not have recompence 13. The King hath land for his part which is holden of another by Chivalry and heretofore the Lord brought a writ of Cessavit against I. S. then Tenant upon a Cesser and hanging the writ I. S. inseoffeth the father of the Ward and the demandant accepteth homage of the father and notwithstanding recovereth against I. S. and now he enters upon the heir in the possession of the King he shall be recompenced 14. The Lord hath a Mannor in Ward which extendeth into two Counties and recovery is of the whole Mannor in one County onely against the heir or against his father and the recoverour enters into the whole the Lord shall have no recompence but for the part well recovered otherwise it is where an Assise is brought in D. and maketh a Plaint of a Mannor and parcell of a Mannor which lieth in S. is put in view and after the plaintise recovereth and enters in the land in S. he shall be recompenced 15. Before the statute of 27 H. 8. the Feoffee to an
What gift estate or Conveyance shall be intended to be made by fraud or Covin and what not And where the fraud and Covyn are well found by Office or in the Writ of right of Ward and where not 1. A Feme sole Tenant of the King in Capite in Knight Service maketh a gift in Taile to a married man pro causa matrimonii praelocuti and the Wife of the Donee dyeth and the Doneresse and he inter-marry and have issue and the wife dyeth this shall not be intended Covin 2. Tenant of the King in Capite in Taile the Remainder over in Fee they eschange this Land in Fee for other Land of Tenure which is of much lesse value then the other Land given which is conveyed to them as the other Land was this is a good eschange and no Covin 3. Tenant of the King in Capite being constrained by poverty infeoffeth his sonne and heir apparant in Taile the Remainder to his second sonne the Remainder to the right heirs of the eldest sonne to the intent to finde him sustainance or for money to the value of the Land this is not Covin 4. A man holdeth Land in Socage only of a Common Lord and he conveyeth this by fraud to defraud the Lord of his Reliefe or Herriot the Lord shall not take advantage of this Covin 5. Tenant of the King seised of divers parcels some whereof are holden in Knight Service and some in Socage and not knowing of his Tenure conveyeth fraudently an Estate of his Land in Chivalry thinking that this was his Socage Land this shall be said Covin 6. A man purchaseth Capite Land at this day and to the intent to defraud the King of the Wardship he joyneth his sonne and heir in the purchase with him in the Remainder in Taile after his decease with the Remainder in Fee to his heirs this is not Covin 7. An Infant purchaseth Land holden of the King in Chivalry and he by fraud and Covyn suffereth a recovery in a Writ of Right upon the Common Voucher and the recoveror maketh an Estate againe to him with Remainder over to him who shall be his heir contrary to the intent of the first Estate this shall be Covin 8. The husband seised of Land in the right of his wife holden in Chivalry and he at this day conveyeth Estates in fraud of this Land and after the wife surviveth the husband an Ancestor collaterall of the wife releaseth to the Feoffee with warranty and dyeth the Feoffee conveyeth an Estate to a stranger agreeable to this practise this shall not hee fraud 9. The Tenant contriveth an Estate in Fee upon Condition and taketh back an Estate to him for life the Remainder to his eldest sonne in Taile and for default of such issue the Remainder to the heirs of the body of the father begotten the Remainder over in Fee to the Lord of whom the Land is holden yet this is Covin at the pleasure of the Lord. 10. Tenant of the King in Capite intending to defraud the King of the Wardship c. obtaineth licence of the King to make a Feoffment to two in Fee to the use of the Feoffor himself for term of his life without impeachment of wast the Remainder over to his eldest sonne for life the Remainder over to his younger sonne for life the Remainder over to the Right heirs of the father and these Estates are conveyed accordingly this shall not be Covin but if there be more Lands conveyed in the Deed of execution of the Estate then are contained in the Licence then the Covin shall be averred in the whole 11. Tenant in Chivalry intending fraud infeoffeth the Lord himselfe being an Infant upon condition that he shall Convey fraudulent Estates back with the Remainder over whereby he shall be defrauded of the Wardship and the Infant maketh estates accordingly yet he shall have an averment to this Covin 12. A man infeoffeth two of his servants bona fide to their own use for good service done and to be done and they by Covin convey divers fraudulent estates to their Master with Remainders over c. and the Master knowing of their intent rejoyceth at it yet this shall not be fraud 13. Tenant in Chivalry by Covin c. maketh a Lease for term of a Month to the Lord by Deed the Remainder over to divers others in Fee upon condition that they in the Remainder after the Month shall make fraudulent estates and Conveyances back c. and to this purpose the Lord is not privey and the Deed is read to the Lord as only to the use of him in the Reversion and Livery and Seisin is made to him accordingly he shall never avoid this by Covin 14. The Tenant intending fraud infeoffeth divers persons and putteth the Lord in trust as Attorney to make livery and so he doth yet the Lord shall avoid this Covin 15. The Tenant maketh a Lease for years to the Lord and after by fine conveyeth fraudulent estates c. and after the Lord within the terme maketh his Executor and dyeth and the executor enter into the term and after the Leasor dieth his heir within age and the term continueth the heir of the Lord shall not avoid this Covin 16. Tenant in Chivalry leaseth to the Lord for life and after grants the Reversion in Fee to the Villeyn of the Lord upon condition that he within the yeare shall regrant an estate by fraud with the remainder over c. the Lord attorneth to the Villeyn and after maketh wast and the Villeyn recovereth the place wasted and conveyeth the states within the yeare accordingly and dieth his heir within age the Lord shall not avoid this Covyn 17. Tenant in Chivalry infeoffeth his sonne and heire apparant in Fee being within age bona fide and the Lord accepteth homage of him and after the father dieth yet the Lord may averre this feoffment to be by coven in a writ of right of Ward but if the heir were of full age at the time of the feoffment and he accepteth homage of him in the life of his father an he in avowrie for heriot or relief shall not be received to averre Covin 18. Tenant in Chivalry deviseth his whole land to his eldest son in Fee bona fide upon condition that he shall pay to his executour the value yet the Lord shall have the Wardship of the whole 19. It is found by Office that the Tenant of the King by Knight-service in Capite for that his eldest sonne is an Idiot Lunatique or who hath committed some unnaturall act of ingratitude to his father assureth in his life all his inheritance in Fee-simple or fee-Fee-Taile to his second son by estate lawfully executed whereby the King hath part the Ward of the King shall not be intituled to any part thereof by this office but the assurance is good in law for the whole 20. The same law it is if it be found by office that for that the eldest son
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
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
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
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
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
if he were Tenant in Fee by Knight Service and before the Statute he had infeoffed another faciendum Capitali Domino for the Feoffer and his Heires this was no Tenure of the Feoffor 17. Lord Mesne and Tenant by Knight Service and before the Statute the Tenant and Mesne by Deed infeoffe a stranger to hold of the Lord Paramount by the service due yet he shall hold of the Mesne 18. Before the Statute the Tenant infeoffs a stranger to hold of the Feoffer or of the chiefe Lord this is a good Tenure of either of them at the election of the Feoffee 19. Lord Mesne and Tenant the Tenant infeoffes a stranger to hold off the Lord Paramount yet he shall hold off the Feoffer and not of the Lord nor of the Mesne 20. The Lord in Socage encroacheth Knight Service this doth not make a Tenure by Knight Service although that the Seisen hath been by prescription 21. A man holdeth by Knight Service and was disseised and before the Statute he releaseth all his right to the Disseisor without reserving any Tenure he should have held of the Releasor by Chivalry quaere 22. Two joynt-tenants held by Service of Chivalry and before the Statute make a Feoffment to hold of the one of them by 1. d. the Feoffee shall hold the moity of the other by Chilvalry XII Where the Heire in Knight Service shall be in Ward for his body and where for his Land and where for both and where not 1. LOrd and Tenant by Knight Service the Tenant maketh a Lease for life and dies his Heir within age the body only shall be in Ward 2. Tenant in Knight Service is disseased the Diseasor maketh a gift in Taile the Donee dyeth seised and his issue enters the Desseisee dyes his Heir within age shall be in Ward for his body 3. The Tenant disclaimeth in avowry the Lord recovers in a Writ of Right of Disclaimer and before execution the Tenant dies his Heir within age he shall be in Ward for the body and Land also if the Lord please 4. Two Ioynt-tenants unto the Heirs of one of them he who hath the Fee dyeth his Heir within age the body shall be in Ward to the King if the Land be held of him but if it be holden of a common person it shall not 5. The Tenant maketh a Lease for life the Remainder in Fee he in the Remainder dyeth his Heir within age he shall not be in Ward to the King nor to any other during the life of the Leassee but after the death of the Leassee during his none-age he shall be in Ward for both 6. The Tenant makes a Lease to the Lord for life rendring Rent the Leassor dies his Heir within age he shall be in Ward for the body and the Lord shall have the Rent by retainer 7. A man gives Landsholden by Knights Service ro one pro scutagio suo habendum sibi harebidus de corporo suo the Donee dies his issue within age he shall be in Ward 8. Grandfather Father and Sonne the Grandfather holdeth by Knights Service and maketh a gift in Taile to the Father and dyes the Father dies the sonne within age he shall be in Ward for the body but not for the Land 9. A man hath issue a daughter by his Wife and the Wife dies Knight Service Land descendeth to the issue being within age the Land shall be in Ward untill the issue come to the age of fourteene years and no longer and the body not 10. The King grants to his Tenant that when it shall happen that he shall die his Heir within age that he shall be out of Ward for the body and the Land he dies his Heir within age he shall not be in Ward 11. The Tenant in Chivalry accepteth a Fine of a stranger of the Land in Taile to hold off the stranger by Knight Service and dies his Heir within age he shall be in Ward to the Lord for the body and Land 12. A man maketh a Feoffment in Fee to the use of a stranger in Taile and for default of such issue to the use of the right Heir of the Feoffor the Feoffer hath issue within age and dies his body shall be Ward 13. Seignioresse and Tenant inter-marry and have issue the Tenant dies his issue within age he shall be in Ward for the body and Land 14. Lord Mesne and Tenant before 27. H. 8. by Knight Service the Tenant makes a Feoffment to the use of the Mesne in Taile without saying more after the Statue is made the Mesne dyeth his Heir within age he shall be in Ward for his body to the Lord Paramount and for the Land to the Tenant who made the Feoffment 15. A Villain Tenant by Chivalry hath issue and dyeth the issue within age the Lord shall have the Ward of the Land and the Lord of the Villain of the body 16. Lord and Feme Jenanx the Tenant taketh Husband who hath a sonne by another Wife and hath issue also by his second Wife and surviveth the Wife and holdeth by the Courtesie the Heire of his Wife within age he shall not be in Ward for body nor land during the life of the Father 17. The Lord by Knight Service granteth his Seigniory for life the Remainder to the Tenant and to a Stranger in Fee the Tenant attorns and after dyeth his Heir within age he shall not be in Ward for the body nor for the land 18. Lord and Tenant by Knight Service and the Tenant maketh a Feoffment upon condition the condition is broken the Feoffor dyeth his Heir within age the Heirenters for the condition broken he shall be in Ward 19. The Tenant marrieth his sonne infra annos nubiles and dyeth and at the age of Consent he disagreeth he shall be in Ward the same Law if he be marryed within the age of seven years at the time of the death of his father and his wife dyeth he shall be in Ward 20. A Seigniory in Chivalry is granted in Fee upon condition to be performed of the part of the Grantor the Tenant attorneth the condition is performed and after the Tenant dyeth his Heir within age the Lord claimeth the Seigniory for the condition performed the Heir shall not be in Ward to the Grantor nor Grantee 21. Tenant in Taile in Chivalry levies a Fine with proclamations in Fee and dyeth his issue within age his body shall be in Ward 22. Tenant in Taile is disseised and levyeth a Fine sur Conuzans de driot tantum to the Disseisor with proclamation and dyeth within the year his issue within age he shall be in Ward for the body and land 23. A Seigniory descendeth of the part of the Father in Fee and the Tenancy descendeth on the part of the Mother the sonne dyeth without issue the Heir of the part of the Mother within age he shall not be in Ward to the Heir of the part of the Father 24. A man holdeth
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
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