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A81944 Three learned readings made upon three very usefull statutes: the first, by that great and eminent sage of the law, Sir Iames Dyer, of the Middle Temple, upon the statute of 32.H.8.Chap.I. of Wills, and 34. & 35. Hen.8.Chap.5. for the explanation of that statute. The second, by Sir Iohn Brograve, of Grayes Inne, sometime his Majesties attourney of the dutchy of Lancaster, upon the statute of 27.H.8.Chap.10. concerning jointures. The third, by Thomas Risden esquire, of the Inner Temple, upon the statute of 8.Hen.6. Chap.9. of forcible entry. Dyer, James, Sir, 1512-1582.; Brograve, John, Sir, d. 1613.; Risden, Thomas. 1648 (1648) Wing D2929; Thomason E437_35; ESTC R204745 84,448 129

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Will of the whole and after discontinueth in Fee the Discontinuee maketh his will of the whole this is good 12. Lord Mesne and tenant the tenant holdeth by Knight Service and the Mesne over in Socage the tenant declareth his will of the whole and after is disseised the Mesne releaseth to the Disseisori the Disseisee re-enters and dyeth this is good for the whole 13. Grandfather father and sonne Lord Mesne and tenant by Knight Service and the Grandfather holdeth over in Socage the sonne declareth his Will of the whole and after the Grandfather dyeth and the sonne dyeth this is a good Will for the whole 14. Lord Mesne and tenant the tenant holdeth in Socage and he over in Chivalry the Tenant declareth his Will of the whole and after is disseised by the Mesne who maketh a Feoffment the Disseisee re-enters and dyeth this is not good but for two parts 15. A man holdeth land in two Towns of a man by Knight Service and he holds over in Socage the land in one Town of I. S. and in the other Town of another stranger the tenant maketh his Will of the whole in both the Towns and after the stranger distraineth by I. S. for the Services in the one Town and bringeth a Writ of Mesne against his Lord and forejudgeth the Mesne and dyeth this is good for the whole in the said Towne whereof the forejudger was and of the two parts of the other 16. Lord Mesne and tenant the tenant holdeth by Socage the Mesne by Knight Service the tenant declareth his Will of the whole the Mesne dyeth the tenant is his heir and dyeth this is good but for two parts 17. The King giveth Land in Fee Tenendum during the life of the Donee by Socage and after his decease by Chivalry the Donee maketh his Will of the whole and dyeth this is good but for two parts 18. The sonne holdeth of the Father by Chivalry and hee over by Socage the Father disseiseth the sonne and declareth his Will that i that the Land shall be sould by the Executors and dyeth the Will is void for all 19. A man declareth of his Socage Land his Will in this forme that is he giveth it to I. S. and his heirs for ever provided that he shall not give or devise it by his Will and if he doth that then this Will shall be void and dyeth the Devisee giveth the whole this is void 20. The Tenant in Chivalry deviseth the whole by his Will and after the Lord confirmeth his Estate to hold in Socage during his life the Devisor dyeth this is not good but for two parts 21. Lord two Mesnes and tenant the higher Mesne holdeth by Socage and every one of the others paravaile hold by Knight Service the tenant deviseth the whole Land the higher Mesne releaseth to him all his right the Tenant dyeth this is good for the whole 22. Tenant of a Manor in Ancient Demesne which is holden by Knights Service deviseth the whole by his Will and after levieth a Fine at the Common Law sur Conizance de droyt come ceo c. to his own use after dyeth this is good for the whole 23. Tenant in Socage where by the custome the wife is dowable of the moity hath issue two sonnes by divers venters and dyeth the eldest sonne enters and deviseth the whole and dyeth without issue the wife enters into the moity this is good for the whole moity presently and for the reversion of the Dower 24. A man holdeth in Socage and maketh a gift in taile to hold by Knight Service the Donee deviseth the whole Land and after he bringeth a Writ of Mesne against the Donor supposing that he is distreined for fealty by the Lord Paramount and the Donee disclaymeth in the Seigniory and in the reversion the Donee dyeth this is good for the whole of the reversion in Fee-simple after the taile expired 25. Lord two Coparceners Mesnes and tenant holdeth in Chivalry the Mesne in Socage the tenant enfeoffeth one of the Mesnes she maketh a Will of the whole Land and dyeth this is good for the moity for two parts of the other moity 26. Lord Mesne and tenant ut supra the Mesne and a stranger disseise the tenants and make a Feoffment the Disseisee re-enters and deviseth the whole this is good 27. Lord Mesne and tenant the tenant in Chivalry and the over in socage the Mesne hath issue two daughters the one purchaseth the Seigniory the other the tenancy and deviseth it intirely the Mesne dyes the Devisor dyeth for the one moity this is good for the two parts of the other moity 28. Lord Mesne and Bishop tenant each holdeth of the other by Chivalry the Mesne releaseth to the Bishop all his right in the Seigniory and also in the tenancy to hold of him in franckalmoign the Bishop maketh a Feoffment the Feoffee deviseth the whole this is good 29. The Mesne holdeth in Chivalry and he over in socage the Mesne releaseth to the tenant and his heirs all his right in the Land upon condition that if the tenant die without issue the Release shall be voyd the tenant deviseth the whole and dies without issue this is not good but for two parts 30. The Mesne holdeth ut supra and he over in Socage a stranger getteth seisin of escuage homage and fealty by the hands of the Tenant upon whose possession the Mesne Releaseth and after the Peinor releaseth to the Tenant and he maketh a Will of the whole and dyeth this is good but for two parts 31. A man holdeth two Mannors of one Lord in Fee by Knight Service of equall value and one other Mannor of the King in chief in taile of the value of one of the other Mannors and maketh a devise of both the Mannors in Fee-simple and dyeth this is good for the whole 32. Land is given to a man and a Feme sole in Fee and they intermarry and after and before the Statute of Quia emptores they make a gift in Fee to hold of them and of their heirs by Chivalry the husband dyeth the wife confirmeth the estate of the Tenant to hold in Socage the Feoffee deviseth the whole and dyeth this is good for all but the third part of the moity XIIII Where the King or other Lord shall be forced to take the Land in Taile for their third part and where not 1. A Man seised of Land in Fee simple and also in taile amounting to a third part of the Fee-simple and holdeth part of the King in Chivalry in Capite declareth his Will of all this Fee-simple Land his heir within age and inheritable to the Taile the King shall be chased to take the Taile Land for Ward but if no part of his Land be holden of the King but of another Lord or of divers Lords the Lord shall not be compelled to take the Taile Land for his interest of the Ward 2. A man seised of Fee-simple holden
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
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
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
What gift estate or Conveyance shall be intended to be made by fraud or Covin and what not And where the fraud and Covyn are well found by Office or in the Writ of right of Ward and where not 1. A Feme sole Tenant of the King in Capite in Knight Service maketh a gift in Taile to a married man pro causa matrimonii praelocuti and the Wife of the Donee dyeth and the Doneresse and he inter-marry and have issue and the wife dyeth this shall not be intended Covin 2. Tenant of the King in Capite in Taile the Remainder over in Fee they eschange this Land in Fee for other Land of Tenure which is of much lesse value then the other Land given which is conveyed to them as the other Land was this is a good eschange and no Covin 3. Tenant of the King in Capite being constrained by poverty infeoffeth his sonne and heir apparant in Taile the Remainder to his second sonne the Remainder to the right heirs of the eldest sonne to the intent to finde him sustainance or for money to the value of the Land this is not Covin 4. A man holdeth Land in Socage only of a Common Lord and he conveyeth this by fraud to defraud the Lord of his Reliefe or Herriot the Lord shall not take advantage of this Covin 5. Tenant of the King seised of divers parcels some whereof are holden in Knight Service and some in Socage and not knowing of his Tenure conveyeth fraudently an Estate of his Land in Chivalry thinking that this was his Socage Land this shall be said Covin 6. A man purchaseth Capite Land at this day and to the intent to defraud the King of the Wardship he joyneth his sonne and heir in the purchase with him in the Remainder in Taile after his decease with the Remainder in Fee to his heirs this is not Covin 7. An Infant purchaseth Land holden of the King in Chivalry and he by fraud and Covyn suffereth a recovery in a Writ of Right upon the Common Voucher and the recoveror maketh an Estate againe to him with Remainder over to him who shall be his heir contrary to the intent of the first Estate this shall be Covin 8. The husband seised of Land in the right of his wife holden in Chivalry and he at this day conveyeth Estates in fraud of this Land and after the wife surviveth the husband an Ancestor collaterall of the wife releaseth to the Feoffee with warranty and dyeth the Feoffee conveyeth an Estate to a stranger agreeable to this practise this shall not hee fraud 9. The Tenant contriveth an Estate in Fee upon Condition and taketh back an Estate to him for life the Remainder to his eldest sonne in Taile and for default of such issue the Remainder to the heirs of the body of the father begotten the Remainder over in Fee to the Lord of whom the Land is holden yet this is Covin at the pleasure of the Lord. 10. Tenant of the King in Capite intending to defraud the King of the Wardship c. obtaineth licence of the King to make a Feoffment to two in Fee to the use of the Feoffor himself for term of his life without impeachment of wast the Remainder over to his eldest sonne for life the Remainder over to his younger sonne for life the Remainder over to the Right heirs of the father and these Estates are conveyed accordingly this shall not be Covin but if there be more Lands conveyed in the Deed of execution of the Estate then are contained in the Licence then the Covin shall be averred in the whole 11. Tenant in Chivalry intending fraud infeoffeth the Lord himselfe being an Infant upon condition that he shall Convey fraudulent Estates back with the Remainder over whereby he shall be defrauded of the Wardship and the Infant maketh estates accordingly yet he shall have an averment to this Covin 12. A man infeoffeth two of his servants bona fide to their own use for good service done and to be done and they by Covin convey divers fraudulent estates to their Master with Remainders over c. and the Master knowing of their intent rejoyceth at it yet this shall not be fraud 13. Tenant in Chivalry by Covin c. maketh a Lease for term of a Month to the Lord by Deed the Remainder over to divers others in Fee upon condition that they in the Remainder after the Month shall make fraudulent estates and Conveyances back c. and to this purpose the Lord is not privey and the Deed is read to the Lord as only to the use of him in the Reversion and Livery and Seisin is made to him accordingly he shall never avoid this by Covin 14. The Tenant intending fraud infeoffeth divers persons and putteth the Lord in trust as Attorney to make livery and so he doth yet the Lord shall avoid this Covin 15. The Tenant maketh a Lease for years to the Lord and after by fine conveyeth fraudulent estates c. and after the Lord within the terme maketh his Executor and dyeth and the executor enter into the term and after the Leasor dieth his heir within age and the term continueth the heir of the Lord shall not avoid this Covin 16. Tenant in Chivalry leaseth to the Lord for life and after grants the Reversion in Fee to the Villeyn of the Lord upon condition that he within the yeare shall regrant an estate by fraud with the remainder over c. the Lord attorneth to the Villeyn and after maketh wast and the Villeyn recovereth the place wasted and conveyeth the states within the yeare accordingly and dieth his heir within age the Lord shall not avoid this Covyn 17. Tenant in Chivalry infeoffeth his sonne and heire apparant in Fee being within age bona fide and the Lord accepteth homage of him and after the father dieth yet the Lord may averre this feoffment to be by coven in a writ of right of Ward but if the heir were of full age at the time of the feoffment and he accepteth homage of him in the life of his father an he in avowrie for heriot or relief shall not be received to averre Covin 18. Tenant in Chivalry deviseth his whole land to his eldest son in Fee bona fide upon condition that he shall pay to his executour the value yet the Lord shall have the Wardship of the whole 19. It is found by Office that the Tenant of the King by Knight-service in Capite for that his eldest sonne is an Idiot Lunatique or who hath committed some unnaturall act of ingratitude to his father assureth in his life all his inheritance in Fee-simple or Fee-Taile to his second son by estate lawfully executed whereby the King hath part the Ward of the King shall not be intituled to any part thereof by this office but the assurance is good in law for the whole 20. The same law it is if it be found by office that for that the eldest son
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
use was impleaded in a formedone hanging which writ Cestuy que use enters and maketh a Feoffment to another to the use of the same Tenant in Fee and the demandant pursueth and recovereth by default after the statute the Tenant dieth seised of this and of other land in Fee and this land is assigned to the Lord in Ward upon whom the recoverour enters he shall not have recompence 16. The Tenant in a formedone infeoffeth the father of an infant hanging the writ and after the demandant releaseth to the Tenant and neverthelesse hee recovereth by Verdict and Confession after the Feoffee dieth his heir within age and in Ward for this land into which the recoverour entreth the Lord shall have recompence 17. A 〈◊〉 in a Pr●cipe quod reddat was had by Verdict against father of an infant who was seised in the right of his wife without naming the wife and the recoveror enters upon the gardian to execute the recovery he shall not have recompence otherwise the Law is if the recovery were had against the wife without naming the husband and she appeareth and pleadeth as a woman sole 18. The father of an infant being by the curresie of the inheritance of the infant granteth his estate to another upon condition and after a recovery is had by default against him in a pracipe quod reddat by a faint title and after the condition broken here entreth and dieth and this land is assigned to the Lord upon whom the recoverour entreth he shall not have recompence 19. A formedone is brought by an infant upon a discontinuance against the father of an infant in Ward hanging which writ a Collaterall ancestour of the demandant releaseth to the Tenant after Verdict and after the Judgement given the ancestour Collaterall dieth the Tenant dieth seised of other land and this land was left to the Lord for Ward upon whom the demandant enters he shall have recompence 20. A pracipe quod reddat is brought against the father of an infant who appeareth and pleadeth that the demandant and a stranger entred into the land hanging the writ to the use of the stranger judgement of the writ to which the demandant faith that the Tenant re-entred whereupon the Tenant demurreth in Law and adjudged for the demandant and immediatly judgement given to recover and after the father dieth seised and this land was assigned in Ward upon whom the recoverour enters he shall have recompence 21. The Guardian in Chivalry hath lands in Ward which are holden of him by severall Tenures and he doth wast in one of them the heir recovereth against him in wast and entreth into the whole the Guardian shall have not recompence but he may enter or have an action for the Tenure which is not wasted 22. The heir in Ward is a Bastard eigne and hath a brother maher pursne a recovery in a praecipe was had against a Tenant for term of life by default where the remainder in Fee was in the father and before execution the Tenant for life dieth and the father entreth and dieth seised of other land and this land was assigned to the Lord upon whom the Recoveror entreth the Lord shall have recompence 23. A Cessavit was brought against the Father the Infant in Ward and he tenders the arreares and judgement given that for the Cesser after the Land shall incurre to the demandant the Father dyeth seised of this Land and deviseth all his other Land and this Land was in Ward and the services are not done for two yeares whereupon the Lord entreth and ousteth the Gardian hee shall not have recompence 24. A Cui in vita was brought against the Father the Insant in Ward he pleadeth to the issue and found for the demandant and thereupon the Tenant rendreth the Land to the demandant in Fee by fine and after the father dyeth seised of other Land c. and this land is assigned to the Lord and the Widow enters upon him he shall not have recompence 25. A man recovereth against the Father of an infant in a Warrantia Chartae pro loco tempore the Father then being seised of the Land now in Ward and after the death of the Father a stranger who hath good Title to enter into the Land which was warranted entreth upon whom he who recovereth pro loco tempore sueth a scire facias to have in value and by extent recovereth and entreth hee shall have recompence 26. Tenant in Taile of a Common certaine bringeth a Quod permittat against the Heir and recovereth against him in the Land which is assigned to the Lord and the Reversioner useth the Common the Lord shall have recompence yet this is not any eviction or determination of his interest 27. A Father of an Infant by Indenture granteth to I. S. and his Heirs a way over his Land in eschange for an acre of Land the Father entreth and the other useth the way the Father deviseth all his Land relinquishing the acre eschanged to the Lord and dyeth the Lord entreth for the Wardship the Grantee is disturbed of the way and entreth upon the Lord he shall have recompence 28. If the part assigned to the Lord be decayed or surrounded by the sea yet the Lord shall not have recompence the same Law if the two parts devised be bettered by improvement in any Manner so that the part of the Lord is not at the value of the third part of the whole inheritance yet the Lord shall not have recompence XVI For what Alienation the King shall have a sine for alienation and for what not and where the King shall have a fine for alienation notwithstanding a licence of alienation and where not 1. THe Sonne and Heir apparent of Tenant of the King in Capite assigneth Dower of the Land of his Father to his wife ad ostium Ecclesia ox assensu patris and after the sonne is attainted of Felony and is executed and the widow entreth upon the Father into the Dower the King shall have a fine 2. Tenant of the King in Capite is sound a Lunatick by Office whereby the land is seised and after he alieneth the Land in Fee by Fine the King shall have a Fine for the alienation 3. Tenant of the King in Capite dyeth seised his heir of full age which is found by Office whereby the Escheator seiseth to the use of the King after Primier seisin and before Liver● sued he entreth and maketh a Feoffment the King shall not have a Fine for alienation but after inquisition otherwise it is if the heir alien by Indenture of bargaine and saile inrolled according to the statute 4. Tenant of the King in Capite is disseised and releaseth to the Disseisor the King shall have a fine 5. Tenant of the King maketh a Lease for life by Licence and after the Leasee maketh a Feoffment the Feoffee inseoffeth his Father who dyeth seised and the Feoffee as heir entreth and inseoffeth