they are Coparceners 27. A Lease is made to two for term of their lives and to the longer liver of them they make partition by Deed and after they cancell the Deed and destroy the partition and occupy in common as before the Leasor confirms their estates in Fee they are Tenants in Common 28. Two Joint-tenants are seised of three Mannors of equall value and make a Feoffment of two of them to two other men and the one warrants the one Mannor to one and the other to the other and after the Feoffees are impleaded and they vouch severally the Feoffers and recover the third Mannor in value for that they cannot barre the demandant they shall be severall Tenants of this Mannor 29. Land is given to two Habendum eis that is to say to the one of them in taile and to the other in fee hee who hath the Fee deviseth the whole and dyeth this is not good for any part 30. I. S. hath a Villain and I. D. hath another Villain the two Villaines purchase Land joyntly in Fee and I. S. and I. D. enter into it together they are Tenants in Common VIII What Devises of Reversions or Remainders or of Rents or incidents to Reversions or Remainders shall bee good and what not 1. THe Lessor disseiseth his Lessee for life and makes a Lease for life to another for term of life of the first Lessee the remainder over in Fee the first Lessee enters yet he in the remainder may devise his remainder 2. The reversion of Tenant for life is granted by fine the Conusee brings a Quid Juris clamat against the Lessee who claymeth Fee whereupon they are at issue and after before the tryall the Lessee waveth his plea and confesseth c. the Conusee enters upon him and he re-enters the Conusee deviseth the reversion this is not good 3. A Lease is made for life the remainder for life he in the remainder enters upon the Lessee the Lessor deviseth the reversion and the Lessee for life dyeth and after the Lessor dyeth this devise is good 4. A man makes a Lease for years upon condition that if the Lessor disturbe the Lessee within the term that the Lessee shall have Fee and maketh Livery accordingly the Lessor disturbeth the Lessee for Rent where none is arrear and after he deviseth his reversion this is not good 5. Bastard eigne enters after the death of the Ancest our and Assigns Dower to the mother and dyeth seised of the reversion and hath issue the Mulier puisne deviseth the reversion of the Tenant in Dower this is good 6. A Lease is made for life the remainder over in Fee reserving Rent by Indenture and for default of payment that it shall be lawfull to the Lessor to enter and detaine during the life of the Lessee he re-enters for the Rent arrear he in the remainder deviseth the remainder this is not good 7. A Seigniory is granted for life the remainder over in Fee the Tenant attorns after the Tenant is attainted of Felony and hanged the Grantee for life enters not into the Land he in the remainder deviseth his remainder of the Land this is not good 8. A man seised of a Rent makes a Deed reciting that whereas I. S. holdeth the said Rent of his Grant for term of life he grants the Reversion of the said Rent after the decease of I. S. to the Grantee and his Heirs in Fee and in truth I. S. had nothing in the Rent the Grantee deviseth this Rent this is not good 9. A man maketh a Lease of two Acres reserving Rent and hath issue two daughters and dyeth the daughters make partition of the Reversion so that the Reversion cum pertinent of one Acre is allotted to one and the other to the other they severally devise the Rent this is not good 10. Land is given to two habendum to the one for life and after his decease to the other in Fee he who hath the Fee deviseth his Reversion this is good 11. Land is given to two and to the heirs Males of their two bodies begotten quod quisquis eorum diutius vivet gaudebit tetam terram sibi haeredibus suis imperpetuum and one dyeth the Survivor may Devise the Fee-simple of the intire Land 12. Land is given to one for life quod post ejus mortem terra praedicta shall descend to I. S. in Fee he may devise this remainder 13. The Husband endoweth his Wife ad ostium Ecclesiae and after is attainted of Felony and dyeth the Wife enters the Lord of whom the Land is holden deviseth the Reversion this is not good 14. Seignioresse and Tenant the Tenant makes a Lease for four years if the Seignioresse so long shall live the Termor marryeth with the Seignioresse and they have issue the Wife dyeth the Husband continueth in the Services clayming by the Courtesy the issue deviseth this Reversion of the Seigniory this is good 15. A Lease is made for life the Remainder in Fee to the Wife of the Devisor she surviveth and deviseth his Remainder this is good 16. A Lease is made dummodo solverit to the Leasor for the life of the Leasor 10. l. the Leasor diviseth the Reversion with the Rent this is good 17. An Ancestor Collaterall of the Disseisee releases to the Disseisor with warranty and before the death of the Ancestor the Disseisor makes a Lease for life and after the warranty descendeth upon the Disseisee he enters the Leasee re enters the Disseisor deviseth his Reversion this is good 18. A Lease is made to an Infant or Feme sole for life the Remainder in Fee the Infant at his full age or the Feme after Coventure disagree he in the Remainder deviseth his Remainder this is good 19. A man seised of two Acres in severall Towns in one County that is of the one for life and of the other in Fee and maketh a Feoffment by Deed of all his Lands in the same County and makes Livery in the Acre in Fee in the name of both the Leasor deviseth the reversion of the Acre for life this is good 20. An Abator indoweth the Wife of the Ancestour of a third part the Heir recovers the other two parts against the Abator the Abator deviseth the Reversion of the third part which the Wife holdeth in Dower this is good 21. A man grants a Rent charge out of Land deviseable to one for life the Remainder over to the Grantor and his right Heirs the Grantor deviseth the Land to a stranger in Fee and dyeth the Heir of the Devisor deviseth the Remainder of the Rent in Fee this is good 22. A man seised of two Acres the one at the Common Law the other in Borough English maketh a Lease of both rendring a horse and hath issue two sonnes and deviseth the Reversion of the Acre in Borrough English with the horse this is good 23. A Villain purchaseth Land in Fee and dyeth without
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
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
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 Prâ—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 Liverâ— 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
was Riotous and of leud Demeanour the father in his life giveth the land freely to a stranger in Fee to the intent to disinherit him and his heirs and his bloud for ever without any hope to have the land againe 21. The issue in a right of Ward is if the conveyance were made by Coven to defraud the Lord of the Wardship and it is found by verdict partly to the intent to defraud the Lord and partly for affection which he did bear to the Feoffee the ancestor in his life executeth an estate accordingly this Coven is not well found 22. Tenant of the King of Knight service in Capite seised also of other land holden of another Lord in Chivalry and it is found that he made a fradulent conveyance of the land holden of the other Lord to the intent to defraud the right Lord of this Wardship the King by that shall have the Wardship of the whole inheritance 23. Coven is found for the King in one County and lands in other Counties depend upon the same conveyances and so found yet this is not sufficient for the lands in other Counties 24. Tenant in Chivalry enfeoffeth another by Collusion the Feoffee in accomplishment of the Collusion executeth an estate to the Feoffor for life the remainder in Taile to his eldest son within age the Feoffor dieth the heir within age the Lord may enter in this case without being compelled to his writ of right of Ward Quaere 33. H. 6. 14. B. Andrew Woodcocks case 25. Tenant in Chivalry enfeoffeth another by Collution to the intent to enfeoff the heir at full age and dieth before the estate executed and the Feoffee enfeoffeth another bona fide yet the Lord in right of the Ward shall averre this Covin and recover the whole land 26. Tenant in Chivalry of a common person enfeoffeth one by Collusion and after he purchaseth land holden in Knight service in Capite and dieth this matter is found by office the King shall have the Wardship of the whole 27. Tenant in Chivalry seised also of Socage land holden of the same Lord maketh a feoffmenr of the Socage by Collusion to defraud the Lord of the reliefe and after declareth his will of the whole land in Chivalry and dieth the Lord shall not avoid the will of the whole land by this Collusion but only of a third part and of this part the heir shall have the Fee-simple at his full age otherwise it is where the estate is executed in the life of the Devisor although that it be by Covin 28. Tenant of the King in Capite conveyeth divers fraudulent estates to the intent to defraud the King c. And the King granteth a pardon for the alienation yet the King shall averre the Covin for the Ward 29. Tenant in Chivalry by fraud infeoffeth one the Feoffe is disseised and after the disseisin hee giveth notice of the Covin to the disseisor whereupon the disseisor and disseisee by deed with a letter of Attorney convey the estate to the Feoffer with remainder over c. this is not Covin 30. Tenant in Capite by fraud enfeoffeth his daughter upon condition she is ravished and consenteth to the ravishour whereby the son and heir of the Feoffer being within age enters and the father dies this is not Collusion 31. Tenant in Chivalry procureth a stranger who hath good title of action to the Land but his entry is taken away to the intent that he shall recover and that after the recovery and execution had he shall convey an estate by fraud and a recovery is had by confession accordingly and execution sued and estates conveyed accordingly this cannot be intended and averred for Covin 32. Tenant in Chivalry by secret Covin enfeoffeth a Villeyn to the intent to convey fradulent estates c. the Lord of that Villeyn entreth as in land purchased by his Villeyn and after the Feoffer himselfe notifieth the intent of the feoffment to the Lord of the Villeyn requiring him to execute the state accordingly and so he doth this is not Covin XIX Where the King shall have the reversion of Tenant in Dower or of the joynt tenant who surviveth if they die during the minority of the heir of the Devisor and where not XX Where the Reversion and title of the Donees Feoffees Leasees and Devisees shall be saved after the interest and title of the King or other Lord determined XXI Where the Donce or Devisee who hath lost the Lands or Tenements to him given or divised or part thereof by reason of wardship shall have contribution by bill in the Chancery against the other Donces or Devisees and where not 1. BAstard eigne entreth after the death of the ancestor and being seised also of other lands by purchase deviseth these by his Will to diverse persons and the land discended hee deviseth to the Mulier puisne and dieth his issue within age the Lord taketh for Wardship part of the land purchased and devised and sueth the Mulier for contribution he shall not have it 2. An insant maketh a feoffment by letter of Attorney the Feoffee seised of other land by indeseasible indefeasible title deviseth all to severall persons and dieth the land by indefeasible title is devised from the devisee for Wardship and after the insant at his full age releaseth all his right to the devisee of his land the other shall have contribution 3. A Disseisor seised also of other land by good title deviseth the whole to severall persons and dieth and one of the devisees hath part of his land taken for Wardship and the devisee of the land whereof the disseisin was made is disseised by a stranger upon whose possession the first Disseisee releaseth all his right the other devisees shall have contribution against him 4. A feoffment is made with warranty to the Feoffee and his Assigns the Feoffee is seised also of other lands deviseth the whole to driverse persons severally and dieth the devisee of the land which is warranted is impleaded and by voucher recovereth other land in value against the warrantor and after one of the other devisees looseth by writ of right of Ward he shall not have contribution 5. Leasee for life granteth over his estate upon condition the condition is broken and the grantee alieneth the land in Fee whereupon the Leasor entreth for forfeiture and after hee being seised of other lands deviseth them to another and dieth his heir with in age the devisee entreth and the Guardian taketh part from the devisee and he sueth for contribution against the Leasee he shall not have it 6. Two joynt Tenements and to the heirs of one of them he who hath the Fee deviseth this land to his companion in Fee and deviseth his other land to others who lose by Wardship he shall not have contribution 7. A Leasee for life the remainder for life the remainder to the right heirs of the Leasee the Leasee reciting this estate granteth
his Fee-simple by fine to him in the remainder c. He giveth and disposeth other land to others and they lose by Wardship after the death of the Devisor and hee in the remainder entreth he shall be contributory 8. A Feme is disseised the father releaseth to the disseisor with warrantie and dieth the Feme being inseint and after is delivered of a sonne the disseisor by deed executed in his life giveth this land to the daughter and giveth other land to another and dieth the other loseth his land by Wardship and sueth the daughter for contribution he shall have it 9. One of the Devisees is impleaded in A pracite quod reddat by one who hath good title and he disclaimeth whereby the demandant entreth and re-enseoffeth the Devisee he shall not be contributory 10. A Lease is made to one for life upon condition that the Lesee may alien the land in Fee for the profit of the Leasor the Leasee alieneth in Fee upon condition that the alience should immediatly enseoffe the alienor for life the remainder to the Feoffer in Fee of land of greater value and so he doth the alience giveth this land in Taile and dieth and the Leasor entreth upon the Donee and re-enseoffeth him he shall be contributor to the other devisees 11. A man hath issue a son a daughter by one venter and a son by another maketh a Lease for life proviso that the Leasee shall not make wast the leasor dieth the leasee maketh wast the eldest son dies without issue the younger sonne enters for the condition broken and deviseth this land amongst other lands and dies the daughter enters upon the Devisee and reenseosseth the same Devisee he shall not be contributory 12. An Abator deviseth his land and dieth the heir within the view maketh claim to the land and dareth not enter for doubt of Maiheme and after he releaseth to the Devisee he shall be contributory 13. The Devisee ceaseth for two years is disseised the Lord releaseth to the Disseisor all actions the Disseisee re-entreth against whom the Lord bringeth a Cessavit and recovereth the release being pleaded and entreth and re-enfeoffeth the Devisee he shall not be contributory FINIS The Reading of Mr John Brograve of Grayes Inne made in Summer 1576. upon part of the Statute of 27. H. 8. C. 10. of vses concerning Jointures beginning at the twelfth Branch thereof Division the First What shall be said a puchase of Lands to the husband and wife and to the heirs of the husband by the husband for the Jointure of the wife by this Satute and what not 1. A Praecipe is brought against Tenant in Fee simple who prayeth in ayde of the husband and wife the husband being attainted of Felony for that that the Reversion is to the husband and wife and to the heirs of the husband and wife the husband barreth the Demandant and dyeth the wife agreeth yet this is not such a purchase c. which may be for a Jointure 2. A Mine is given to three men and a Feme sole one of them marrieth with the Feme she being excommunicated one of the others releaseth to the husband and wife and to the heirs of the husband the husband dyeth the wife assenteth this is a good purchase c. and yet the wife is not Tenant for life 3. A Reversion depending upon an estate for years charged with a Rent is granted to the King and his wife and to the heirs of the King the Tenant Attorneth to the Queen the King dyeth the Deed is inrolled after the six Months the Queen distraineth the Leassee for the Rent this is a purchase c. 4. An Alien and I. S. purchase Land in Fee I. S. dyeth this appeareth of Record the Queen reciting this matter grants the Land to the heir of I. S. and his wife she being but ten years of age the Remainder to the heirs of the husband the wife at the age of Consent refuseth and after marrieth the husband dyeth this is a purchase c. 5. Vestura terrae is granted to I. S. and a woman sole I. S. marrieth a wife of seven years of age the Feme granteth her part to I. S. and his wife and a letter of Attorney to make Livery the Feme leaseth for years which is expired the Attorney maketh Livery to the wife I. S. dyeth the wife entreth this is such a purchase c. 6. Land is given by a Dean and Chapter of L. to I. D. I. S. and his wife the Remainder to I. S. haeredi suo the Deane dyeth the Attorney maketh Livery I. S. dyeth the wife enters this is not c. but if the Deane had not been named by his name of baptism although that another had been chosen when the estate was executed this should have c. 7. Father and sonne the sonne purchaseth a Mill and dyeth without issue I. S. abateth the Uncle dyeth the father enters and payeth the Rent to the Lord and deviseth the Mill to the Lord and his Wife and I. D. and willeth that the Lord shall pay 5. s. to his heire he entreth the Lord dyeth this is such a purchase c. 8. Bastard eigne and mulier puisne the father dyeth seised of two Acres the mulier enters in one and the bastard in the other who dyeth his issue indoweth his mother who dyeth the issue lesseth to the Wife of the mulier for 100 years si ipsa tam diu vixerit for c. the mulier taketh another wife the issue releaseth to the mulier and his wife and to the heirs of the mulier who dyeth the wife enters this is c. 9. Husband and Wife the husband is a lunatick they bring an action of waste against Tenant in Taile with the Fee expeciant as Tenant for life supposing the waste to the disherison of the husband he pleadeth the generall issue no waste is found Tenant in Taile dyeth without issue the husband dyeth the wife enters this is not c. 10. I. S. disseiseth one of Land to the value of 20 l. per annum to the use of I. D. and his Wife and the heirs of the Husband for c. I. S. granteth a Rent charge of 30 l. the husband enters the Disseisee releaseth to the Husband and Wife for a jointure also the Husband dyeth the Wife entreth this is not c. 11. A Divorce is betwixt I. S. and his Wife an appeale is sued depending which Land holden in Capite descendeth to I. S. he after Office levyeth a fine to I. N. and his Wife and I. N. to I. S. and his Wife for life c. and to I. N. for 10 years and after to the heirs of I. S. the Divorce is repealed I. S. dyeth the Wife entreth this is c. 12. Tenant for life of a Wood I. S. taketh to wife the niece of the Queen the Reversion is given to them and to the heirs of him
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
grieved shall recover treble dammages upon the words in this branch of this Statute I intend this day with your patience to shew unto you my conceit IV. What shall be said an ousting or disseisin with force within the branch of this Statute and what not what shall be said also a detaining with force within this branch and what not and who shall be said a party grieved to use any action and who not by this branch of the Statute and then how and by what action he shall have his remedie so given by this branch of the Statute 1. IF a forcible entry be made in the Land of another whereupon he waveth the possession without any violence to him made this is a disseisin with force by this branch of the Statute 2. If the Disseisee enter upon the Disseisor and oust him with force this is not any entry with force by this branch of the Statute 3. The Disseisee bringeth an assise and depending the assise the Disseisor dyeth seised his Heir enters upon whom the Disseisee entreth with force this is an entry with force by this branch of the Statute 4. If the Tenant of the Land payeth the Rent to a stranger by compulsion of distresse taken with force this is a desseisin with force 5. But if a man be disseised of any rent by the Tenant of the Land as by rescous with force this is not any disseisin with force by this Statute 6. If a man with force put in his Cattell and depasture the severall Land of another against the Statute of Westm the 2. yet this is not any disseisin with force by this Statute 7. The same Law is if the Lord distraine his Tenant more often then Rent or Service are arrear yet this is not any detaining by force by this Statute 8. But if the Lord improveth the Wasts with force not leaving sufficient Common for the Commoners this is a disseisin by force within the purview of this Statute 9. If a man distrain the Termor of another so often with force that the Leassee forsaketh his term whereby the Lord cannot have his rent reserved yet this is not any disseisin with force within this Statute 10. If Tenant by Statute Staple or by Statute Merchant be ousted with force this is a disseisin with force by this Statute 11. If Leassee for years with the remainder over for life be ousted with force this is not any disseisin with force by this Statute 12. If a man hath Common of Pasture in the Land of another and a stranger with force disseiseth him of his Common this is not any disseisin with force by this Statute 13. If a man hath a way appendant over the Land of another and is disseised of his way by a stranger with force this is not any disseisin with force by this Statute 14. A man hath Estoâ—ers appendant to his Mannor and after a stranger cutteth all the wood and taketh it with force yet this is not any disseisin with force by this Statute 15. If a man maketh a disseisin with force and Ryot against the Statute of Westm 2. c. 50. this is not any disseisin with force by this Statute 16. If a man claimeth a Rent or Common out of the Land of another which is detained with force whereby hee cannot have his Common this is not a detainer with force by this Statute 17. If a man will enter the Park of another to distraine his Game there whereby the other defendeth with force this is not a detainer with force by this Statute 18. If after continuall claime duly made the Disseisor continueth in with force this is a detainer with force by this Statute 19. If the Disseisor after that he hath continued in quiet Possession for three yeares detaineth with force yet this is not any detaining with force by this Statute 20. If the Disseisor after that he hath continued Possessiou quietly for three years and then the Disseisee maketh continuall claime and notwithstanding that the Disseisor continueth Possession with force this is not any detaining with force by this Statute 21. If a man by good Title continueth Possession in quiet for three years and then is disseised whereupon he re-entreth and detaineth with force yet this is not any detaining with force by this branch 22. If two Joint-tenants are disseised with force they both together are the parties grieved by this branch and none of them apart 23. But if after such Disseisin made one of them releaseth to the other or dyeth then the other by himselfe is a party grieved by this branch 24. If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dyeth the wife shall be a party grieved by this Statute 25. If a man seised of Land to which he hath Common appendant is disseised thereof with force and then he alieneth the Land and taketh back an Estate again he is not the party grieved by this Statute 26. If a man be seised in right of his wife and disseised with force and after they have issue the wife dyeth the husband is a party grieved by this Statute 27. If the Lord be disseised of his services with force and after the Tenancy escheateth the Lord is not the party grieved by this Statute 28. Disseisee and Disseisor being both upon the Land the Disseisee releaseth to the Disseisor and then such forcible entry or ouster is made the Disseisee is a party grieved within the purview of this Statute 29. A man seised of certain Land is out-lawed in a personall action and then a stranger depastureth the Land against the Statute of Westmin 2. after that he had his Charter of Pardon yet he is not a party grieved by this Statute 30. If the Tenant payeth the Rent to a stranger who no right hath whereupon the Lord bringeth an assise and is non-suit and then the pernor of the Rent dyeth seised and after the Tenant payeth it to another by distresse with force the heir of the first pernor shall be the party grieved by this Statute 31. If a man be ousted with force and thereupon he reentreth yet he is the party grieved to have an assise by this Statute upon the first entry with force 32. If a man be ousted with force and the Land is also detained with force the party so ousted is the party grieved by this Statute 33. If the father maketh a Lease for life to his eldest sonne and is disseised with force after which he dyeth the sonne is the party grieved by the purview of this Statute 34. Land descendeth to two daughters and the one enters generally and a stranger entreth who hath no right and ousteth her with force shee so ousted may have an assise by this Statute 35. The party grieved by this statute shall have an assise of Novill disseisin and by that hee shall recover troble dammages 36. The same Law is if an action of Trespasse be
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
she is sole seised 14. Disseisor makes a Lease for life the remainder to the Husband and Wife in Fee the Lesse dyes the Husband and Wise enter the Disseisee re-enters the Husband ousteth him clayming to him and his Wife the Husband is sole seised quare 14. H. 6. 15. Land is given to Husband and Wife in Taile the remainder to the right Heirs of the Wife the Husband dyeth without issue the Wife being privement ensenit the Wife is sole seised of an Estate in Fee-simple 16. A praecipe quod reddat is brought of a Rent against the Pernor of the profits and the Tenant of the Land the Pernor disclaymes the Tenant traverseth the point of the Writ and it is found against the Demandant yet the Demandant is sole seised of the Rent in Fee 17. Two Femes joynt-tenants the one takes Husband and hath issue and dyeth the Husband claymes the moity by the Curtesy the survivour shall be sole seised of the intirety 18. Feme Tenant in generall Taile hath issue a daughter and her Husband dyeth she taketh a second Husband and hath issue another daughter the Husband and Wise by fine discontinue and take back an Estate speciall Taile and die the younger daughter enters to the use of her self and her sister and she enters with her and occupieth in Common the younger daughter shall be sole seised of the one moity in taile and of the other moity in Fee Quaerae 19. The King grants an Office to two in Fee whereof the one is an Alien the Denizen shall be sole seised 20. A man seised in Fee of a Villain in right of his wife the Villain purchaseth land in Fee the husband enters he is not sole seised in Fee 21. A feme Inheretrix hath issue a daughter her husband dyeth she taketh a second husband and hath issue another daughter the husband and wife exchange the land of the wife for other land in Fee and after the wife dyeth and the husband dyeth the daughters enter into the land taken in exchange the younger shall be said sole seised 22. The husband maketh a Feoffment of the land of his wife upon condition that the Feoffee shall make an estate taile to the husband and wife the Feoffee grants a rent charge out of the land the Grantee recovereth against the Grantor in a Writ of annuity the husband enters upon the Feoffee claiming to him and his wife he shall be sole seised 23. Two joint-tenants to them and to the heirs of one of them hee that hath but the free-hold grants totum statum suum by deed to the other he is sole seised of the intierty in Fee 24. Land in Gavel-kind holden of the King who releaseth all his right in the Seigniory to the Tenant and he accepteth this release and hath issue two sonnes and dyeth the sons enter the elder shall be sole seised in Fee-simple 25. A feme sole maketh a feosfment upon condition to be performed on the part of the Feoffe at a certain day and before the day they intermarry the day incurreth the money not paid the husband is sole seised 26. A Feoffment without deed is made to two and to their proper use and livery of seisin is made to one of them accordingly he is not sole seised otherwise if no use had been expressed 27. Before 27. H. 8. a man maketh a Feoffment to the use of himselfe and of that woman that shall be his first wife and after he marrieth the Statute is made the husband is sole seised of an estate in Fee-simple 28. The Father disseiseth one to the use of his sonne and a stranger the Father dyeth the sonne and the stranger agree to the disseisin and enter the sonne is sole seised of the Fee-simple 29. A Feoffment is made to two by deed with a Letter of Attorney to one of them to deliver seisin and he maketh livery to the other accordingly he is not sole seised in Fee-simple 30. A man is disseised by a Feme sole and a stranger the feme taketh Husband the disseisee releases to the Husband and his heires he shall be sole seised in the right of his wife 31. Two disseisors make a gift in taile the Disseisee releaseth to one of the disseisors he shall not be sole seised of the Reversion 32. Lord and Feme tenant she taketh husband the Lord granteth the Segniory to the husband and his heires he shall be said to be sole seised in Fee-simple 33. Tenant for life the reversion to a feme Covert in fee infeoffeth the husband and wife to them and to the heires of the husband the wife dyeth the husband shall not be said sole seised of the Fee-simple 34. The Tenant infeoffeth the Lord and a stranger in Fee the Lord releaseth to the stranger in Fee all the right which he had in the Land the Lord is sole seised of the Seigniory immediately 35. The husband alone by Indenture alieneth the Land of the wife in Fee rendring to the Feoffer and his wife a yearely rent in Fee the husband sole shall not be said seised but jointly with his wife 36. Before 27. H. 8. a man made a Feoffment with warranty to two to the use of one of them the Feoffees upon a voucher recover other land in value against the Feoffer and after the Statute is made the Feoffees shall be said sole seised to the use of him to whose use the first Feoffment was made 37. Before the Statute of Quia Emptores terrarum a man seised of a Mannor by descent of the part of the mother maketh a Feoffment of part of the Demesnes of the Mannor and after dyeth without issue his collaterall heires of the part of the father and mother claiming the Seigniory the heire of the part of the father shall be said sole seised of it 38. Two joint-tenants of a Villain he purchaseth lands in Fee and is disseised one joint-tenant enters upon the disseifor in the name of himselfe and his companion he is not sole feised of the Fee simple 39. The Husband inseoffeth a stranger before 27. H 8. to the use of himselfe and his wife in Fee the Statute is made the husband and wife are joint-tenants 40. A man seised of Land in Gavel-kind maketh a lease for life the remainder to the right heires of I. S. who hath issue two sonnes and dyeth the leasee for life dyeth the sonnes enter the elder shall be said sole seised 41. The husband maketh a Lease of his wives land for life of the husband the Leasee maketh a Feoffment the husband enters for a forfeiture he is sole seised of the Fee-simple 42. A man hath issue two daughters the one being a Bastard she enters into the whole and is impleaded and recovereth in value upon a Voucher as heire to the father the other sister enters in common she shall be said sole seised 43. A man infeoffeth two with warranty to one of them they are impleaded and the Gaurantee
and before attornment the Grantor becommeth of non sane memory and being so the Tenant attorneth this is not well executed 14. A man seized of Land in Burrough English in Fee hath issue a sonne and the sonne assigneth the Land of his father to his wife ad ostium Ecclesiae ex assensu patris and after the sonne dyeth and also the Father dyeth his wife with child with a son the sonne is born the wife shall retain her Dower 15. A man seized in Fee assigneth his Land to his wife ad estium Ecclestae for her Dower the Remainder over in Fee and the Land is within the view this Remainder is not well executed 16. A man seised of a Mannor to which an Advowson is appendant maketh a Feoffement of one Acre with the Advowson and maketh Livery of the whole yet without Deed the gift is not well executed 17. A Lease is made for life the Remainder over for life the Remainder to the right Heirs of the Leassee for life he grants his Remainder this is well executed without any Attornment 18. A man grants his Reversion in Fee and before Attornment he commits Felony after which the Tenant attorneth and after the Grantor is attainted by verdict the Grant is well executed in the Grantee 19. A Leasee for life maketh a Lease for years to the Leasor and after the Leasor maketh a Feoffment in Fee and the Leasee enters upon the Feoffee this gift is not lawfully executed for the Fee-simple in the life of the Donor 20. Three Joynt-tenants make a Lease for life after one of the Leasors releaseth to one of his companions in Fee and the Leasee doth not attorn in the life of the Releasor this is not lawfully executed 21. A man maketh a Lease for years and after he maketh a Feoffment thereof and Livery and Seisin by a clod of earth without putting out of the Termor and without attornment of the Termor this is not well executed 22. A man seised in Fee of Land in Possession and also in use in divers Towns within one County and before 27. H. S. he maketh a gift in Taile of his Lands and maketh Livery of that which he hath in Possession in the name of the Land in use it is not lawfully executed 23. A man maketh a Feoffment to two upon condition that they shall make a gift in Taile to the younger sonne of the Feoffer and his wife and the one of the Feoffees maketh the gift this is not well executed but that the Feoffor may re-enter into the whole 24. A man maketh a Deed of Feoffment with a Letter of Attorney to make an Estate to John S. Knight and in truth he is not a Knight and after he is made a Knight and then the Attorney maketh Livery to him secundum formam Chartae this is well executed 25. A man maketh a Deed of Feoffment to one and commeth within the view of the Land and saith unto him goe and enter into the same Land and hold it to you according to his Deed and delivers it and in going to the Land the Feoffee dyeth this is not well executed in the life of the Feoffor 26. An Infant maketh an assurance by Fine and within age bringeth a Writ of Errour to reverse the Fine and dies the Writ depending this is lawfully executed and shall not be defeated 27. A man maketh a Feoffment at this day to two to the intent that they shall stand and be seised to the use of the Feoffer untill one of the sonnes of the Feoffer marrieth with A. S. the daughter of I. S. and when he doth marry the said A. that then he shall be seised to the use of the said sonne and A. in taile and after they intermarry this is a good estate taile executed 28. A. is seised in Fee of Whiteacre and B. also seised in Fee of Blackacre in one County and they are agreed to make an exchange by parole A. enters into Blackacre and maketh livery to B. of Whiteacre and B. dyeth this is not well executed 29. The heire in Chivalry of Land holden of the King in Capite being in ward by office at full age before livery sued maketh the gift in taile to his younger sonne this is not lawfully execured 30. Land is given to two men in taile the remainder to the survivour of them in fee they both joyne in grant of this remainder and after the one dyeth and the other dyeth this is not well executed 31. Lord and Tenant the Tenant maketh a Lease for life the Lord granteth the Seigniory to the Leasee in fee the Leasor attorneth the Leasee granteth over the Seigniory in fee and the Leasor attornes and payes rent to the Grantee the Grantor dyes this is not good 32. A man hath a rent-service and a stranger claiming the rent as Lord obtaines the possession thereof unto whom the Lord releaseth all his right this is well executed 33. A man maketh a gift of his Land upon condition rhat at what time that the Donor shall purchase Rent of 20. s. per annum that then the Donee shall have Fee and the Donor is Joynt-tenant wirh another of the yearly Rent of 40. s. and he obtains a release from him the Donee hath not the Fee-simple well executed 34. He in Reversion suffereth a common recovery against him and dyeth before the Leasee this is not well executed 35. Tenant in Taile to him and to his Heirs Males the Remainder to his Heirs Femals he maketh a Lease for life and dyeth his issue Male releaseth to the Leasee in Fee with warranty and he hath issue a Daughter and dyes without leaving assets this is well executed for ever and no remedy for the Daughter 36. A man seised of a Rent exchangeth the Rent by Deed with another who is seised of two Manors for the one of them at the election of him who hath the Rent and he entreth into one of the Mannors and the Tenant of the Land attorneth to the Grantee of the Rent in the life of the Grantor this is well executed Of Tenures X. What shall be said a Tenure in chief of the King and what not and what shall be said a Tenure by Knights Service of a common person and what not 1. THe King giveth Lands to one in Fee to hold of him this shall be a Tenure in Chiefe by Knights Service 2. The same Law if he give Land to hold of him as of his Crown of England 3. The King makes a gift in Fee To have and to hold sibi heredibus adeo libere prout aliquis Tenere potest absque aliquo reddendo seu faciendo this is Tenure in chief by Knights Service 4. The King makes a gift of Land parcell of his Dutchie of Lancaster in Fee to hold in chief this is not Tenure in Capite 5. A man holdeth of the King as of an Honour or Mannor and the King granteth licence to his Tenant to enfeoffe
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
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.
enters he in reversion confirmeth the Estate of the wife for her life for c. I. S. and I. D. die the wife shall have both Jointure and Dower 6. Grandfather father and sonne the father disseiseth the grandfather and taketh a wife the father surrendreth certaine Coppy-hold land to the use of himself and his wife and the heirs of the husband for c. the father dyes the sonne enters the grandfather dyes the wife shall have this Jointure and Dower but not of this Land 7. Disseisor granteth a rent charge in Fee to I. S. and is disseised by A. I. S. takes a wife the first Disseisee releaseth to A. who payes the rent I. S. deviseth all his Tenements to his wife for her Iointure having no Tenements but the rent and after purchaseth the Mannor of D. and dyeth the wife shall not have this Iointure nor Dower of the rent 8. Land is devised to A. upon condition that he shall grant a rent of 10 l. per annum out of it to I. S. and his wife for c. he granteth it and dies I. S. maketh a Feoffment reserving the first 20 years a Rose and after 20 l. and dies within the 20 yeares the wife bringeth a Writ of Dower the Tenant pleadeth unques seisique dower this matter is found the wife shall have Iointure and Dower 9. Land is given to husband and wife in Taile with Warrantie they loose and recover in value against him who hath nothing the husband and I. S. being Ioint-tenants agree by Deed that after 5 years ended they shall hold in severalty the husband dies within the 5 years the wife hath Dower assigned she shall have both 10. Disseisor maketh a Lease for years to I. S. the Disseisor and Disseisee release to him and his heirs so long as D. hath issue of his body Land is given to I. S. and his wife and to the heirs of the survivor for c. with a grant that if they are evicted that they shall enter into the Mannor of D. and detain it untill they assure so much in value for c. the jointure is evicted the husband enters and dies the wife enters she shall have this Land and Dower and so she should if other Land were assured to her for it 11. A. grants a rent in Fee to I. S. who taketh wife the father of the wife is Disseised the Disseisor dies a Collaterall Ancestor releaseth with Warranty and dies the father dies the heir grants the Land to I. S. and his wife for c. the husband dies his heir bringeth a Writ of Annuity the wife shall have this Land and Dower of the rent 12. Tenant for life and he in the Reversion grant a rent charge of 10 l. to I. S. in Fee a Seigniory by fealty and rent is granted to I. S. and his wife for c. the wife elopeth from her husband the husband dyeth the Tenant atturneth to the wife this is no joynture and yet she shall not have Dower 13. It is enacted by Parliament that all Lands which I. S. purchased shall be to the use of I. S. and his heirs Land is given to I. S. in Fee to the use of himselfe his wife and his heirs for c. the father of I. S. is disseised and dyeth I. S. enters and dies the wife shall not have this Joynture nor Dower of the Land but Dower of the Land purchased 14. Lord and Tenant the Tenant is attainted of Felony and committeth treason for which he is attainted the Lord enters and gives the Land to the Tenant and his wife for years upon condition that if the Lord doth not pay 20 l. to the husband and wife at a certain day that they shall have it in Taile for c. the husband dies before the day the money is not paid this is a Joynture and the wife shall not have Dower 15. A. enseoffeth I. S. and B. and makes Livery to I. S. who taketh a wife Land is given to them in speciall Taile for c. they levie a fine I. S. dies a pracipe is brought against B. he disclaimes the heir of I. S. enters the wife shall not have Jointure nor Dower of the Land but of other Land she shall have Dower 16. A Signiory is given to husband and wife for their lives for c. the Tenant aliens in Mortmaine the husband enters and dies the wife enters and challengeth Dower the heir assigneth Dower the wife shall have this Land and Dower to her assigned 17. Two Infants enseoffe the husband of one to the use of the wife for c. the other to the use of the husband of her who did limit the use to the other the husband dies the other releaseth to the husband and wife in taile the husband dyeth seised of Land in Fee the wife brings Dower he pleads unques accouple in loyall Matrimony the Bishop certifieth the contrary she shall have Dower and Jointure 18. A seised of Lands in Gavil-kinde taketh a wife Tenant for 40. yeares grants his Estate to the wife for 21. years the Lessor releaseth to the wife for life upon condition that if he pay 10 l. at a certaine day that then c. the husband dyeth she taketh another husband they bring a Writ of Dower and are barred the Lessor payes the money and enters the wife shall not have Iointure nor Dower 19. I. S. disseiseth one to the use of A. Tenant for life and he in Remainder in Fee grant Land to I. S. in Fee Tenant for life to the use of his wife for her life for c. he in Remainder to the use of I. S. in Fee I. S. dyeth the heir of A. enters the wife shall have this Iointure and Dower also 20. A rent charge issuing out of Lands in severall Counties and in the hands of severall persons is granted to husband for life the Remainder to his wife for her life for her Iointure the husband dies the Tenant attorns to the wife she shall not have this Iointure nor Dower VI. What shall be said a Lawfull expulcion or eviction of a Jointure or any part thereof by Lawfull entrie without fraud or covin intonded by this Statute and what not 1. Disseisor grants a Rent Charge to husband and wife for their lives c. and is disseised the husband disseiseth A. of 20 Acres and hath issue an Infant and dies the wife assents A. enters and dies the first Disseisee of the Lands out of which the rent is issuing releaseth to the second Disseisor this is an eviction c. but the wife shall not have Dower of the 20 Acres but of the other Land 2. Land is given to A. and B. and to the heirs of him who shall first marry A. grants a rent to husband wife for their lives c. before marriage A. taketh Feme B. and the husband die A. dies the heir of the husband levies a fine of Land which he had by descent 5
possession of the Land this is a forcible Entry c. 7. The same Law is if one alien in Fee and the Lessor dyeth before any entry made his sonne and heir enters with force for this condition broken in the life of his father this is also a forcible entry c. 8. But if the Lessor enter with force to see if waste be made by the Lessee this is not forcible entry by this Statute although that he remaine there all the day and night after 9. The same Law where the Lord distraineth for rent where none is arrear and that notwithstanding with force yet this is not any forcible entry c. 10. If two or more are fighting in a house the doore being shut whereupon others enter and break it to see the Peace kept this is not any forcible entry within this Statute 11. The same Law is if they are so fighting in the street at large whereby one of them is hurt and in jeapordy of his life whereupon he who hurt him flyeth into a house and shutteth the doore after him others there present pursue him and breake the house to take him this is not a forcible entry within this Statute 12. But if no such jeapordy of his life be then they cannot break the house to imprison him although it be done upon fresh suit otherwise it is in the same Case if the doore he open 13. If the Gaoler or the Sheriff bring the Prisoners out of the common Prison to his own house and for the safegard of them he keepeth a force within his house this is not any keeping with force c. 14. If the Iustices of Peace upon complaint to them made come to the place where the force was and finde the door shut and within the house there is but one sole person who will not open the door and suffer the Iustices to come in this is a detainer with force c. 15. But if the Iustices of Peace come to the house where the force was not comming for that but for other businesse who view the force and the door of the house is shut when they come and they within the house will not suffer them to enter yet this not any detaining with force within c. 16. If the Iustices of peace come to the place where the force was and there finde some persons arrayed in harnish this is a force by the Statute 17. The same Law if they are not so arrayed in harnish but the harnish lying with them within the same house this is a detainer with force c. 18. If a man hath two houses neer adjoyning the one by a good title the other by a defeasible title he keepeth a force in the first house to beat them who would enter into the house by defeasible title this is a detaining with force within c. 19. If a man putteth another out of his house by force and thereupon putteth in one of his servants in peaceable manner and holdeth the party so put out of possession in prison this is not a detainer with force within c. 20. If a man claimeth Common to any Land and the Land is detained with force when he would use his Common or distraine for his rent this is a detaining with force 21. But if a man hath a Warren in other Land and the Land is detained with force when he would use this Warren this is no detaining c. 22. If a man heare that certaine Fellows will come to his house to kill beat or rob him whereupon he assembleth a force to assist him in safegard of his person or his goods this is no detaining with force within c. 23. But if he heareth that they will come there to take possession of his house whereupon he assembleth a force to defend his possession this is a detaining with force within this Statute 24. If a man will enter the Park of another to distraine his game there whereby the Owner of the Park keepeth him out with force this is not a detainer with force c. 25. If Tenant by Knight Service maketh a Feoffment upon condition and dyeth his heir within age who performeth the condition and enters into the Lands whereupon the Lord seiseth him for his Ward and defendeth that house where the Ward is with sorce against others who claime him for their Ward this is no detainer with force c. 26. If in time of Warre a man enters into the Land of another adjoyning to the Sea and there remaineth with force to defend the Realm from Enemies this is no detaining with force c. 27. If a man hath a rent issuing out of the Land of another which Land is detained with force when he would distrain for his rent arrear hee who is so disturbed of this rent is no party grieved by this first branch of this Statute 28. A man seised of certaine Land to which Common is appendant is disseised of the Common and then aliens the Land to his sonne and dyeth after which the Land out of which this Common is issuing is detained with force the sonne is not a party grieved by this Statute 29. If after the death of the father a stranger enters by abatement into the Land and holdeth with force the sonne is not a party grieved within c. 30. If a man be seised of Land in which such a forcible entry is made and after dyeth before any complaint thereof made his sonne and heir is not a party grieved by this Statute to make complaint c. 31. If a man make a Lease for five years upon condition that if within the first two years the Leassee pay to him 10 l. that then he shall have Fee and Livery is made accordingly there if any such forcible entry be committed within the five years although that the condition be not performed yet the Leassee is a party grieved by this Statute 32. A man possessed of a Term maketh the heirs of I. S. his Executors and dyeth the said I. S. being also then dead leaving issue a daughter his wife inseint with another daughter the first enters into the Land after which the other is born and then such a force is committed both the daughters are parties grieved by this Statute 33. A man deviseth Land by his last Will and dyeth and before any entry made by the Devisee such a forcible entry is made the Devisee is not a party griveved by this Statute 34. If a man enter by disseisin to the use of another who after agreeth thereunto and a forcible entry is made neither the one nor the other is a party grieved by this Statute 35. If one enter by disseisin to the use of an Infant who thereunto agreeth and then such a forcible entry is made yet the Infant is not a party grieved by this Statute IN my first Reading I have shewed unto you upon the words in the first branch of this Statute what shall
oath or in decies tantum or are ambo-dexters this is not a good enquiry by this Statute 10. But if the inquest be taken by twelve in number above the persons attainted then this shall be a good enquiry by this Statute 11. If one of the Jurors by whom the enquiry is taken hath not Lands or Tenements but to the value of 40 s. per annum and that joyntly with another yet the enquiry so taken is a good enquiry by this Statute 12. If one of the Jurors had but a Rent of 40 s. per annum issuing out of Land which is worth no more but 40 s. per annum yet the enquiry made is a good enquiry by this Statute 13. If it be found by inquest that I. S. was seised untill by I. D. disseised with force by this enquiry I. S. shall have restitution 14. The same Law is if it be found that I. S. was seised untill by I. D. disseised peaceably which I. D. holdeth with force in this Case I. S. shall have restitution 15. If the father die and a stranger enters by abatement and detaineth it with force all which matter is found by enquest yet the sonne shall not have restitution by this Statute 16. The same Law is if it be found by inqnest that I. S. was seised untill I. D. entered upon him with force I. S. in this Case shall have restitution by this Statute 17. If it be found that the father made a Lease for years and dyed the yeares expired and before any entry made by the sonne such a force is committed the sonne shall not have restitution by this Statute 18. A man seised of Land hath issue a daughter and dyeth his wife grossement inseint with a sonne the daughter is ousted with force and after the sonne is born and all this matter is found by inquest yet the sonne shall not have restitution but the daughter shall have it 19. If it be found by inquest that I. S. was seised untill by I. D. disseised and that I. S. ousted I. D. with force in this Case I. D. shall have restitution 20. If it be found that I. S. was seised untill I. D. ousted him with force and also that I. D. was so seised untill by I. N. disseised with force there I. D. the first Disseisor shall have restitution by this enquiry against I. N. and thereupon I. S. shall have restitution also against I. D. and all upon the same verdict 21. If it be found by severall enquiries that a man is ousted with force by severall persons at sundry times of one and the same thing each inquest is good and he may have restitution upon any of them at his pleasure but if he had restitution upon one of them then he shall not have restitution upon the other of them by this Statute 22. If it be found by severall enquiries that is to say by one inquest that I. S. is ousted with force and by another inquest that I. D. is ousted with force and all of one and the same Land there each of them may have restitution by these enquiries c. 23. If it be found that I. S. was seised for the term of A. and he is ousted with force by B. and that A. is now dead yet I. S. shall have restitution by this inquiry 24. If it be found that two Ioynt-tenants were ousted with force the one may have restitution upon this enquiry without his companion 25. If it be found that the father was seised untill ousted with force and dyed before any entry or restitution yet the sonne shall not have restitution by this Statute 26. The same Law is if a man be possessed of a Lease for years and is ousted thereof with force and dyeth before restitution yet his Executors shall not have restitution by this enquiry 27. If Leassee for life the remainder over in fee be and the Leassee is ousted with force and all this matter fouud by inquiry of the force he in the remainder shall not have restitution by this enquiry 28. If it be found by inquest that I. S. was seised untill by I. D. he was ousted by force but the enquiry is not made at the request of I. S. yet he shall have restitution by this enquiry 7. E. 4. 18. a. 29. If the Sheriff return the Iurors impannelled in 40 s. lesser issues then is comprised within the Statute yet the enquiry is good and the party ousted shall have restitution by this Statute 30. If the Iurors by whom the inquest is taken have not Lands or Tenements to the value of 40 s. per annum yet the enquiry is good and the party shall have restitution c. 31. If it be found by enquiry upon this Statute that the Land out of which one hath rent or common issuing is detained with force so that hee cannot have this rent or common yet hee shall not have restitution by this enquiry 32. If the Lord loose his Ward for that that he married him within the age of 14 years to his disparagement and after during the minority of the Heire the Land is detained with force whereby he cannot distraine for his Rent and all this matter is found by enquiry yet the Lord shall nor have restitution by this enquiry 33. The husband and wife before issue had are ousted with force and then have issue the wife dyeth the husband by enquiry shall have restitution c. 34. If Leassee for life be ousted with force and the Leassor entreth for the condition broken and all this matter is found by inquest yet the Leassee shall have restitution by this enquiry by c. 35. The same Iustices of Peace may before that enquiry be taken put the party in possession againe without any Writ but no other Iustices can doe it without Writ 36. The Iustices of the same County the record being before them may award Execution by Writ although they be not the same Iustices before whom the enquire was taken but not without the same Record 37. If the Iustice who took the inquest be dead before restitution be made yet the Iustices having the Record may award Execution by this Statute 38. The Iustices of the Kings Bench having the Record before them removed may award Execution by this Statute by Writ but not otherwise 39. If it be found that such a one is ousted with force whereby he is restored to the possession and after is ousted with force againe by the same party he shall not have restitution again by the same enquiry THe Statute goeth further that if any person be ousted or disseised of any Lands or Tenements or ousted peaceably and after detained with strong hand and armes out c. This branch as it appeareth Ordaineth That if any person be ousted with force or peaceably and after holden out with force hee shall have an Assise of Novel disseisin or a Writ of Trespasse against the Disseisor and this being so found the party
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