A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Iâ—fant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age bringeth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after devâ—seth his reversion this is a good device A man granâ—s his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A man holdeth Land in Soccage of a common Lord and he conveys this by fraud to defraud the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for life the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execu or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries with the feme she being excommunicated one of the others releaseth to the husband and wife and to the Heirs of the husband the husband dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marrieh another wife and after marrieth her with whom he was contracted he and this wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joyntuâ—e A windmil is leasâ—d to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. An upper chamber is granted without deed to A. for life the remainder for life the remainder to A in Fee A. grants his estate to him in remainder and his wise and to thesr Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in fraâ—k-marriage for c. I. S. and the deviser die the husband enters and dies the wife enters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea forsaketh into which the husband and wife enter this is not any estate made in the five acres newly gained J. S. by indenture bargains and sells a Dove-house to husband and wife and to their heirs so long as they have issue of their bodies whereas he hath no Dove-house J. S. builded one the husband enters and Dies the wife enters this is no tail in Joynture c. The father giveth Land to the son and his wife liberis suis with warranty to the son and his Wife and to the heirs of their bodies for ten years they are impleaded within the ten years and lose and have in value the years expire the husband dies the wife enters this is not an estate in tail for joynture but for life Land is given to A. and B. and to the heirs of B. B. leaseth this to a feme sole for life the lessor grants to the said feme and J. D. common for ten year out of the said Land during their lives for the Joynture of lessee and after marrieth her A. and D. die this is an estate conveyed for life as an hereditament To grant an annuity of 10 l. joyntly and severally to J. S. in Fee who granteth it to husband and wife to the husband for the life of J. D. to the wife until one of the sons of J. S. accomplish the age of twenty one yeers the husband dieth the wife accepteth this annuity this is an estate made for the wife for a joynture c. A Lease for life is made to the husband the remainder to his wife and J. D. successive for their lives the husband felleth trees and dies the wife enters the Vendee cuts the lessor recovers in a Writ of wast and hath execution this is an eviction by lawful action and yet the wife shall not have a Writ of Dower A Lordship by fealty and rent is given to Baron and feme in tail before marrige for c. the remainder in fee a Tenancy escheateth the husband leaseth the Seignory to A. who recovereth in a Cessavit and dies his heir enters the husband dies this is an eviction by lawful action and the wife shall recover but an estate for life to the value of the Tenancy Tenant in tail of a
rent purchaseth the Land out of which c. in tail and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters the issue bringeth a Formedon of the rent recovereth and is put in execution this is an eviction and the wife shall have it to the value of the rent Land is granted to a feme covert for life for c. he in reversion grants it by Fyne the Conusee brings a scire facias the husband claims Fee and it is found against him whereby judgement is given the husband dies the wife enters the recoverer enters this is not an eviction Tenant after possibility of issue extinct the remainder for life is diseised and released to the diseisor who dies his heir gives the Land to husband and wife in tail Tenant for life bringeth a consimili casu and recovers the wife enters this is not an eviction An Infant gives a Park to a feme covert for life without impeachment of waste the remainders of them to two men and the heirs of their bodies the game is destroyed the husband dies the wife enters they bring a Writ of waste the wife pleadeth Nul waste c. whereby they recover this is a lawful eviction but she shall not have a Writ of error Land of the value of 20 l. per annum is granted to a feme for life rendring 10 l. per annum she marrieth he who hath right recovereth the Land by covin of the husband and hath Execution the husband being Tenant in Tail dies having Land to the value of 10 l. per annum the wife shall have it discharged of the rent lesse for life reversing rent the lessor diseiseth him and makes a feofment the feoffee dies his heir giveth the land to the lessor and his wife in tail for her joynture Tenant for life brings a writ of entry in the post and recovereth and hath execution the husband dies the wife shal have dower and shall recover for life the rent not recovered in value Grandfather father and son the father diseiseth the grandfather and taketh a wife the father surrendreth certain Copy-hold land to the use of himself and his wife and the heirs of the husband the father dies the son enters the grandfather dies the wife shall have this joynture or dowr but not of this land Land is given to husband and wife in tail with warranty th y lose and recover in value against him who hath nothing the husband and J. S. being joynt-Tenants agree by deed that after five yeers ended they shall hold in severalty the husband dies within the five yeers the wife hath dower assigned she shall have both Lord and Tenant the Tenant is attainted of Felony and commiteth Treason for which he is attainted the Lord enters and gives the land to the Tenant and his wife for yeers upon condition that if the Lord do not pay 20 l. to the husband and wife at a certain day that they shall have it in tail for the wives joynture and the husband dies before the day the money is not paid this is a joynture and the wife shall not have dower A. enfeoffeth J. R. and B makes livery to J. S. who taketh a wife land is given to them in special tail for the joynture of the wife they levy a fine J S. dies a praeâ—iâ—e is brought against B. he disclaims the heir of J. S. enters the wife shall not have joynture nor dower of the land but of other land she shall have dower A rent-charge issuing out of Lands in several Counties and in the hands of several persons is granted to husband for life the remainder to his wife for her life for her joynture the husband dies the Tenant accords to the wife she shall not have this joynture not dower Land is given to J. S. for life the lessor diseiseth him and giveth the land before Coverture to the wife for life for a joynture a stranger confirmeth her estate with warranty I. S. bringeth a Praecipe and recovereth the wife hath in value the husband and he in reversion make a feofment before the Statute the husband dies this is not an eviction by discontinuance of the joynture and yet she shall recover dower What is a ioynture assured before marriage and what a joynture after marriage A Lordship by fealty and Rent before marriage is granted to Baron and feme for a joynture they marry a Tenancy escheateth the husband enters and dies this is a joynture in the Tenancy assured before marriage J. S. contracts with A. and before marriage concludes with B. that he will recover the Mannor of D. and that this shall be to them in tail for a Joynture B. brings a writ of entry which is returned they marry B. recovers and enters this is a joynture after marriage I. S. leaseth to two for yeers rendring rent and grants the reversion to husband and wife for their lives for a joynture one attorneth before marriage and the other after marriage this is a good joynture before marriage I. S. enfeoffeth I. D. to the use of himself until he marry and after that he marrieth then to the use of her that shall be his wife for her for a joynture this is a joynture after marriage I. S. grants land to a feme for ten years and if he after marry her then she shall have it for her life for a joynture they marry this is a joynture before marriage I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives they intermarry the deed is inrolled this is a joynture before marriage After affiance between I. S. and A. S. they conclude that a fyne shall be leavied of the Mannor of D for her joynture the concord is acknowledged before the chief Justice they marry and after a writ of Covenant is brought and a fyne leavied this is a joynture after marriage I. S. and A. marry before yeers of consent land is given to them for their lives at the yeers of consent they agree this is a joynture after marriage I. S. makes a deed of feoffment to A. with a letter of Attorney which feofment A. doth express to be to the use of himself and her who shal be his wife for their lives for a joynture they marry the Attorney maketh livery this is a joynture after marriage I S. diseiseth one to the use of A. and B. whom he intends shall marry for a joynture A. and B. enter and after the diseise releaseâ—h to the wife for her joynture this is a joynture after marriage Land is given to A B. and her who shall be his wife for a joynture they marry the wife enters this is a joynture in the moyety which she shall have by survivor and before marriage A. deviseth that his Executor shall give the
Mannor of D. to J. S. and A. D who shall be his wife for their lives they intermarry the Executor grants the Mannor accordingly This is a joynture before marriage Some Cases resolved touching forceable Entries by the Statute of 8 H. 6. c. 9. The turbulency of some troublesome Spirits oftentimes cause great mischief in this case who have the Law in their own hands and altogether be their own carvers in laying hold on violently whatsoever they imagine their own not regarding the mark or touchstone whereby it should be proved from whence arise tumults affrays riots assaults mayhems man slaughters and murder it self for prevention of which evil the Statute of 8 H. 6. hath provided remedies and given power to the Justices of Peace to suppress such mi demeanors and because the Country people are much infested with this maligne disease for whose instruction this Treatise is chiefly intended I shall here give them some Directions in this Case What is a forceable entry and what is a forceable detaining and what not If two persons or more being armed or having weapons in their hands enter the house of another to have possession thereof and thereupon the party in the house parts a far off without any further violence offered him this is a forceable entry If two men or more armed c. enter the house of another the door being open not declaring their intent and remain in quiet notwithstanding the Tenants without using violence this is not a forceable entry But if two or more enter the house of another in peaceable manner and after with fore and violence against the will of the party in possession put him out of possession this is a forceable entry If a single person break the house or window of another and enter in against his will and thereupon he threatens the party in possession insomuch that for fear he forsakes the house this is a forceable entry If a forceable entry be made into the house of another to fight with the party there dwelling and he for fear departs out of the house and his enemies also this is not a forceable entry If a man make a lease for life and after grant the reversion to the same lessee upon condition which is broken on the part of the lessee and thereupon the lessor enters with force to gain the possession of the land this is a forceable entry But if the lessor enter with force to see if waste be made by the lessee this is not a forceable entry A Lord distrain for rent with force though none be arear this is not a forceable entry If any be fighting in a house the door shut and others enter and break it to see the peace kept this not a forceable entry If two persons are fighting in the street and one wound the other so that he is in danger of death and flee into a house and shut the doors after him and others there present pursue him and break the house to take him this is not a forceable entry But if no such danger of his life be then they cannot break the house to take him although it be done upon fresh suite but if the door be open they may enter and take him If the Justices of peace upon complaint made come to the place where the force was and find the door shut and within the house there is but one sole person who will not open the door suffer the Justices to come in this is a detaining with force If the Justices come to the place where the force was and find some persons in arms or their weapons lying by them in the house this is a detainder with force If a man hath two houses neer adjoyning the one by a good title the other by a defeazible title he keeps a force in the first house to beat them who would enter into the house by a defeazâ—ble title this is a detaining of force within If a man claim common in any Land and the Land is detained with force when he would use his common or distrain for his Rent this is a detaining with force If a man hear that certain fellows will come to his house to kill beat or rob him whereupon he assembles a force to assist him in his defence this is no detaining with force If a man hath rent issuing out of the land of another which land is detained with force when he would distrain for his rent arear he who is so disturbed of this rent is no party grieved to complain by the Statute before recited If after the death of the father a stranger enters by abatement into the land and holdeth with force the son is not a party grieved If a man be seized of land upon which a forceable entry is made and die before any complaint is made thereof his heir is not a party grieved to make complaint If a man make a lease for five yeers upon condition that if within the first two yeers the lessee pay to him 10 l. that then he shall have see and livery is made accordingly there if any such forceable entry be committed within five yeers although that the condition be not performed yet the lessee is a party grieved by this Statute A man possessed of a term makes the heirs of J. S. his Executors and dies the said J. S. being also then dead leaving issue a daughter his wife pregnant 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 Who are bound to go with the Justices at their command to remove a force that is their penalty in case they refuse to go and of what force is the Iustices record A man attainted of Felony upon request made is bound to go with the Justices to remove a force Dukes Earls Lords Barons and every Apprentice and Servant is bound by the Statute to go with the Justices to remove a force An Alien born and not made a Denizen or a man who is not of sound memory an Infant within the age of fourteen yeers or any woman sole or covert are not compellable to go with the Justices to remove a force A man going under bayl for debt or trespass is not bound to go If hue and cry be made at one end of the Town and the Justices require them at the other end of the Town they are bound to go with the Justice to remove a foâ—ce But if they have taken a Fellon or are in pursuit of a Fellon at the time of request they are not bound to go If the Sheriff Constable or other Officer without any Warrant Process or Precept require any person to go with the Justices to remove a force they are not bound to go by this Statute neither can an Officer arrest or imprison them by this Statute for their refusal But the Justices themselves may require them being in their presence