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woman_n	age_n	marry_v	year_n	1,680	5	5.5052	4	false

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

Three Learned READINGS Made upon three very usefull STATUTES The First By that Great and Eminent Sage of the Law Sir Iames Dyer of the Middle Temple upon the Statute of 32. H. 8. Chap. 1. Of WILLS and 34. 35. Hen. 8. Chap. 5. for the Explanation of that Statute The Second By Sir Iohn Brograve of Grayes Inne sometime his Majesties Attourney of the Dutchy of Lancaster upon the Statute of 27. H. 8. Chap. 10. concerning JOINTVRES The Third By Thomas Risden Esquire of the Inner Temple upon the Statute of 8. Hen. 6. Chap. 9. Of FORCIBLE ENTRY LONDON Printed for W. Lee M. Walbancke D. Pakeman and G. Bedell 1648. The Stationer to the Reader Courteous Reader THese three Learned Readings being lately imparted unto mee from the hand of a worthy Gentleman well versed in the Common Laws I was very desirous therein to receive further satisfaction from some grave Sages of that Profession touching the merit of them who with judicious and unpartiall eyes have with mature deliberation perused them and esteemed them very ingenuous and profitable upon whose commendations I have adventured to expose them to publike view for the generall good Touching the first of these great Sages of the Law it is well known to the Gentlemen of the long Robe that he hath left behind him a living monument being a famous and exquisite Volume of Reports of Law wherein fol. 72.a. 6. E. 6. You may read him called to the degree of Serjeant at Law and in the same Book fol. 144a. by Patent from K. Philip and Q. Mary you may finde him advanced to be a Iudge of the Court of Common Pleas and in 1 Elizab. he was removed to be Chiefe Iustice of the same Court being the next successor in that honorable place to Sir Anthony Brown Knight in which High Court hee continued for 24 yeares and upward even untill his death and in memory of him you may see an ample and eloquent Encomium given by the honourable Sir Edward Cook Knight deceased in the end of Dowmans Case in the ninth part of his Reports fol. 14. 15. Concerning the other two judicious Sages of the Law the one of Grayes Inne and the other of the Inner Temple I had rather you would please to peruse their polite labours then my weak Commendations of them wherein I hope you will finde not only pleasant variety of Invention to delight you but also great solidity of judgement to benefit you I intend not to trouble you with an impertinent and tedious Preface no way doubting your riper judgments will finde ample content and much more profit hereby then these few lines doe promise 32. and 34. H. 8. The Reading of James Dyer of the Middle-Temple London there made upon the Statutes of Dispositions of Lands and Tenements by Testament or last Will or otherwise made in the yeare 32. H. 8. chapter the 1. And of Explanations in the yeares 34. 35. of the same King Chapter the 5. I. For that That in the Statute of Explanation foure persons are restrained to make Wills of their Lands viz. Women covert Infants Idiots and men of non-sana memory it is to be seen what persons are able by the Common Law or by the Statute to make a Will or Testament and what not 1. THe King being of full age may make a Testament of land parcell of the Dutchy of Lancast but not of any other Land 2. The Queen cannot make a Will of her land deviseable which is her inheritance but by the assent of the King shee may make a devise to a stranger and not to the King 3 A Bishop of his owne inheritance or of his purchase to him and his heires may make a Will but not of the Land of his Bishoprick but of arrerages of rent of the Bishoprick he may make a devise by Testament the same Law of a Deane or Parson of a Church 4. An Abbot Prior or Master of an Hospitall cannot make a Will of any thing 5. A person out-lawed of Felony cannot make a Testament but a person out-lawed only in personall actions may make a Testament of his Land but not of his goods The same Law of a man attainted of a Premunire contrary Law of a Villaine or of a man excommunicated 6. An Infant of the age of 16. years seised of Land deviseable who may alien it by the custome yet he cannot make a testament thereof the same Law of his goods 7. An Infant maketh a will of his Land within age and dyeth after that he commeth to full age and maketh no revocation this is not a good will 8. A man born deafe and dumbe may make a Will of his Land by signes 9. A woman seised of Land marrieth with her brother and after maketh a Will of it this is not good the same Law of a woman professed who taketh husband 10 A Lunatick being of a saue memory maketh his Will and after becommeth lunatick and after recovereth a good understanding and dyeth this is not a good will 11. A woman inheretrix of full age taketh husband who is under yeares marriageable the woman maketh a will of her Land and dyeth before the age of the husband of 14. yeares this is good 12. A man maketh his will and willeth that I. S. who is within age shall have the disposition of his Land this is good The same Law is where a woman Covert hath such Authority 13. The Husband and Wife are divorced by reason of a precontract at the suit of the husband the woman sueth an Appeale the which depending she maketh a will of her Land and dyeth this is good 14. An Alien purchaseth Land in Fee and maketh a Will and after the King maketh him a Denizon after he dyeth this is good 15. A man speechlesse lying at the point of death may make a will by signes the same Law of a person lunatick when he hath his memory 16. A man being of sound memory maketh his Will and before his death he becommeth mad and so dyeth this is not a good Will 17. A man who hath a wife not divorced taketh another wife who is an Inheretrix she cannot make a will 18. A Villain purchaseth Lands within the City of London and after comes within the City and there is made a Free-man and maketh a Testament of this Land which is deviseable by the Custome and before his death the Lord entreth yet the Will is good II. What shall be said a good and sufficient Testament and what not and what shall be a Revocation and what not 1. A Testament nuncupative is not good for Land the same Law of a Testament made in Print or ingraven in Stone or Timber or cut if it were never written 2. A Testament bearing date at Antwerp in Brabant is not good but if it want date this is good if made after the 20. day of July 1540. 3. A man maketh a Testament without naming any Executor this is good for

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

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

I. S. tenendum de Domino Rege in Capite and he doth so this is not Tenure in Chief 6. A man holdeth of the King as of a Mannor and the King releaseth all his right to the Tenant and he accepteth the release he shall hold of the King in Capite 7. A man holdeth Land of the King as of a Mannor and hath a clause of warranty with recompence from the King and he is is impleaded of the Land and by aide prier recovereth in value he shall hold this in Capite of the King 8. The King is seised of a Mannor and one of the Tenements escheateth to the King and he enters and maketh a gift in Fee thereof he shall not hold in Capite otherwise it is if it came for treason 9. The King seiseth the Temporalties of a Bishop and one of the Tenants committeth Fellony and is attainted the King seiseth and alieneth in Fee tenendum per servicium debitum he shall hold of the Bishop by the Ancient Services and not of the King the same Law where the King entreth for Mortmaine after the year and the day in default of the mesne Lord and Alians ut supra otherwise the Law is where the King enters for an escheat of treason 10. The King giveth Land in Fee to hold of him to doe suit to his Mill or to cover his Hall this is not Tenure in chief but if the Mili or the Hall fall down this is Tenure in chief 11. The King makes a gift in Fee tenendum de domino Rege nunc pro termino vitae sua in Capite poste us mortem as of such a Mannor this is a good Tenure in Chief but not after the death of the King 12. Lord and Tenant the Lord granteth his Services in Fee to the King by Deed inrolled the Tenant shall not hold of the King in Chief the same Law is if the Seigniory descend to the King from any of his Ancestors 13. The King Lord Mesne and Tenant the Mesne holdeth in Chief and after is attainted of Felony the Tenant shall hold in Chief 14. Lord Mesne and Tenant by Knight Service the mesnaltie is a Mannor and Seigniory also the King grants to the Lord all forfeitures of his Tenants and after the Lord Grantee is attainted of treason and after the Mesne is attainted of treason the Tenant shall not hold in Chief 15. If a Signiory in grosse elcheat to the King for treason the Tenant shall hold in Chief quare 16. Lord and Tenant a stranger recovers the Land against the Tenant in a praecipe in Capite yet this Land is not held in Capite of the King but by estoppell 17. The King Lord Mesne and Tenant the Tenant makes a gift in I aile to the Mesne tenendum de Capitali Domino the Mesualty is holden in Chief as before 18. A man holdeth a Mannor of the King to which a Villaine is regardant in Chief and he by Licence of the King aliens the Mannor except the Villaine the Feoffor shall not hold the Villaine in Chief otherwise it is of an advowson appendant 19. The King seised of a Mannor giveth part thereof in Fee this shall not be Tenure in Capite the King giveth Land of the value of 10. l. per annum tenendum per fidelitatem tantum in libero socagio non in Capite yet he shall hold in Capite in Socage 20. The King maketh a gift in Taile to hold in Capite and after grants the Reversion in Fee to the same Donee to hold in equality he shall hold by two Tenures XI Of grand Serjeanty and Knights Service 1. EVery grand Serjeanty implieth Knights Service sed non è contra for it is the most noble and great Service that can be done for it is a personall Service of attendance about the King Person and for that 2. If the King gives Land in Fee ad custodiendum parcum de Woodstock this is not grand Serjeanty nor Knight Service 3. The King gives Lands to a Woman in Fee to bear the Standard of the King in Warre or to bear his Sword the day of his Coronation this is not grand Serjeanty for that it doth not appertain to a Woman Vide undecimo Elizabethae Dyer 4. The King gives Land in Fee to lead his Gray-hound or to bear his bow when he goeth in hunting this is grand Serjeanty but if it be to finde to the King a couple of hounds evety year this is pettite Serjeanty 5. The King gives Land tenendum per fidelitatem and rendring 10. s. this shall be Tenure in Chivalrie if the Patent be not pro omnibus servitiis c. 6. The King gives Land ad inveniendum custodem Parci de Greenwich this is not grand Serjeanty 7. The King gives Land to finde one man to watch in the night in the Castle of Dover this is Knight Service the same Law to watch a Beacon The same Law if he give Land to hold in Cornage or to keep a Castle or Tower within the Realm 8. The King gives Land to the Mayor and Commalty of London and to their Successors to hold in Franck-almoigne this shall be Tenure by Knight Service in Capite 9. The King giveth land to be Sheriff of Staffordsh for ever this is not grand Serjeanty 10. A Feoffment before the Statute of quia emptores to hold by Escuage was Tenure in Chivalry the same Law to hold by Knight Service or by the Service of a tenth part of a Knights Fee the same Law to hold by the keeping of the Castle of B. or by Cornage of the Marches of Scotland or else where 11. Otherwise it is if it be to pay 20. s. for the keeping of a Castle or for Escuage or for Cornage this is but Socage 12. A man who holdeth by Knight Service before the said Statute maketh a Feoffment to hold by 6. d. quod de illis debet solvi scutagium cum c. quantum pertinet ad tantam terrans this is but Socage 13. A man holdeth by Knight Service maketh a Feoffment without reserving of any Tenure this was Tenure in Chivalry but if he reserve any Rent or any anuall Service it is but Socage 14. A man maketh a Feoffment in Fee to hold by one penny pro omnibus servitiis salvo servitio regali this was Tenure in Chivalry the same Law if it be salvo scutagio Domino Regi quando currerit 15. Lord Mesne and Tenant the Mesne holdeth of the Lord by Knight Service and the Tenant of the Mesne by Socage and before the said Statute maketh a Feoffment to hold by 6. d. pro omnibus servitiis salvo forinseco servitio this is not Tenure in Chivalry 16. A man holdeth at this day by Knight Service and maketh a gift in Taile reddendo sibi haeredibus 1. d. pro omnibus servitiis faciendo Capitaeli Domino for the Donor and his heirs servitium debitum this is Knight Service but

to another in Taile the second donee dieth without issue his wife privement insent the donor deviseth his Fee-simple land and dieth his son within age the issue of the donee is borne the King shall have the land tailed 23. Grand-father father and son the grandfather giveth part of his Fee-simple land to the father in taile the father granteth all his estate to a stranger upon whose possession the grandfather releaseth in Fee with warranty accordingly and dieth the father deviseth all his Fee-simple and dieth the son within age the King shall have it 24. A woman seised of land in Fee-simple taketh husband and they have issue and land is given to the husband and wife in taile speciall and after by Act of Parliament it is inacted that all estates made to the husband shall be void the husband dieth the wife deviseth her intire Fee simple which is holden of the King and dieth the issue within age the King shall not be compelled to take c. 25. A man seised of land in Fee-simple holden c. hath issue a sonne land is given to the father and son and to the heirs of the father and they joyne in a lease for life the remainder to the sonne in Taile the Leasee dieth the father deviseth all the other land and dieth the son within age the King shall not have this land c. 26. A man is seised in Fee and land is given to him and his wife and to their heirs between them lawfully begotten the remainder to the right heirs of the husband the wife dieth without issue the husband taketh another wife and hath issue and deviseth the whole Fee-simple and dieth the issue within age the King shall have this land as intailed and not the Fee-simple XV. Where the King of other Lordin Knight service shall have recompence out of the two parts devised by reason of Eviction or determination of their interest in the third part and where not this division is grounded upon 34. H. 8. c. 5. of Explanation Article the 18th 1. LAnds which were first in Ward to K. H. 8. are in Ward to the King that now is and are recovered against the infant by default in a formedon or other action-reall upon a good title and execution sued accordingly the King shall have recompence according to his losse but if the heir within age or the true Lord of whom the land is held tender a Traverse to an office which hath found a false Tenure for the King and this traverse is found for the party the King shall not have any recompence 2. A praecipe quod reddat is brought against the heir for the land which is assigned to the lord and no Town is mentioned in the writ but the land is well put in view and the demandant recovereth upon a good title and enters the guardian shall not have recompence 3. A man recovereth in the common place the lands of the Ward where no originall writ thereof is brought and enters the guardian shall have recompence 4. A formedone is brought against the heir of the lands in Ward upon a good title of an ancestour in taile being discontinued and the demandant recovereth by triall and before execution he dieth without issue the donor or his heir enters upon the guardian he shall not have recompence 5. The Guardian in Chivalry granteth all his interest in the Ward to another against whom the wife of the ancestor of the heir in Ward recovereth in dower and hath execution the Grantee shall not have recompence for that he is not Lord for the statute giveth recompence only to the Lord. 6. A man recovereth against the heir by formedone in the descender where it should be in the remainder but upon good Title or by writ of Entrie in the post where it should be within the degrees and sueth execution the Lord shall have recompence 7. A man recovereth in ancient Demesne by Writ of Right Close in the nature of a Writ of Right at the Common Law by default upon a good title but soveraignty was taken away where in truth the land lyeth out of ancient Demesne and sueth execution the lord shall not have recompence 8. Land lieth in Wales and Durham and is recovered in the Common Place at Westminster and execution sued the Lord shall not have recompence 9. A praecipe quod reddat was brough for land in Ward against the father of the heir and he voucheth to warranty and at the summoneas ad warrantizandū returned served the vouchee maketh default whereupon the grande Cape ad valentiam issueth and the writ returned served but the Sheriffe returneth that the Tenant was dead and yet judgement was given for the demandant at his perill and he entreth upon the Guardian hee shall not be recompenced 10. The land in ward is parcell of a Mannor which lyeth in Bristoll and out of it and Bristoll hath a Charter from the Kings Progenitors that the Burgesses shall not be impleaded out of the Towne for any freehold within the Towne but shall be impleaded thereof before the Bailiffes there and the heir is one of the Burgesses and is impleaded for the whole Mannor in the Common Place and a recovery by default and execution sued the Lord shall have recompence 11. A widow hath title of Dower against the Guardian and she releaseth to him all the right and contrary to her release she bringeth a writ of Right of Dower against him and recovereth he shall not have recompence 12. A praecipe quod reddat is brought against the heir he voucheth the Guardian by reason of a warranty mad● 〈◊〉 himself or his ancestor the Guardian enters into the warranty and after the demandant releaseth all his right to the Tenant and to the Vouchee and delivereth it to the Vouchee and he doth not plead it but acknowledgeth the action of the demandant and he recovereth and entreth the Guardian shall not have recompence 13. The King hath land for his part which is holden of another by Chivalry and heretofore the Lord brought a writ of Cessavit against I. S. then Tenant upon a Cesser and hanging the writ I. S. inseoffeth the father of the Ward and the demandant accepteth homage of the father and notwithstanding recovereth against I. S. and now he enters upon the heir in the possession of the King he shall be recompenced 14. The Lord hath a Mannor in Ward which extendeth into two Counties and recovery is of the whole Mannor in one County onely against the heir or against his father and the recoverour enters into the whole the Lord shall have no recompence but for the part well recovered otherwise it is where an Assise is brought in D. and maketh a Plaint of a Mannor and parcell of a Mannor which lieth in S. is put in view and after the plaintise recovereth and enters in the land in S. he shall be recompenced 15. Before the statute of 27 H. 8. the Feoffee to an

who shall first purchase 10. l. per annum the Reversions of the Mannors of D. and S. each of such value is given to the Husband and Wife the one to the one the other to the other the Tenant surrendreth to the Husband and Wife Tenant for life dyeth the Husband dyeth the Wife enters this is a Joynture in the wood within c. 13. A. and B. Joynt-tenants in Fee A. becommeth King to whom B. releaseth to have and to hold the Land in Fee the King granteth it to Husband and Wife and to the heires of the surviror the Husband dyeth the Wife entreth this is c. 14. A. and a Feme Joynt-tenants of a Villain for years intermarry the Villain purchaseth a Reversion depending upon an estate for life A. grants this to I. S. and a Feme for c. in marriage with I. S. the Remainder to the heirs of I. S. he marrieth the Feme of I. D. a Tenant for life and I. S. dye the wife of A. and I. S. enters this is c. and yet she shall not have Dower 15. The King Tenant in Taile grants Land to I. S. in Fee with Warranty with words of recompence the King dyeth his issue granteth it to the husband for life the Remainder to the Wife for her Jointure the Remainder to the heirs of the Husband who dyeth the Wife entreth this is not c. 16. Disseisor of the Mannors of D. and S. leaseth the Mannor of D. for years the Disseisee maketh a Lease for years to the Wife of the Mannors the Remainder to the Husband and Wife and maketh Livery in the Mannor of S. and after releaseth to the husband and Wife and to the heirs of the husband for c. the husband dyeth the Wife occupieth this is c. in both the Mannors 17. Two Joyntenants of an Isle are disseised by A. and B. one releaseth to B. who willeth that his Isle should be sould for payment of his debts and maketh no Executors the Ordinary felleth to the Husband and Wife for life the Husband dyeth the Wife entreth this is c. 18. Tenant in Taile of the Ville of D. leaseth to his eldest sonne for life and dyeth the sonne granteth it to I. S. who hath a daughter Tenant in Taile dyeth I. S. giveth the Ville to I. D. who dyeth this is pleadable in barre of Dower but not averrable for a Jointure 19. A deafe woman Tenant for life ●●keth Husband the Leassor levyeth a Fine to the Husband and wife Come ceo c. the Husband dyeth the Wife infeoffeth the Heir of the husband of parcell this is c. 20. Disseisee is married in a chamber the Disseisor giveth in Taile the Remainder in Fee the Disseisee enters upon the issue of the Donee and maketh a Feoffment upon Condition the issue enters the Condition is broken the issue dyeth without issue he in the Remainder enters and granteth the Land to the Disseisee and his Wife and to the heires of the Husband the Husband dyeth the Wife enters this is c. I. S. being Contracted martyeth another wife and after marryeth her with whom he was Contracted he and this Wife exchange Land which he had in the right of his Wife the Husband dyeth she agreeth to the exchange this is not a Jointure although it be averred c. II. What shall be said an Estate made in Tenements to the Husband and Wife and to the Heirs of their bodies or to the Heirs of one of their bodies by this Statute and what not 1. A Wind-mill is Leased to a Woman for years who taketh Husband he granteth the term upon condition and for the condition broken enters the Leassor releaseth to them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remaine to the Heirs of the Husband this is c. 2. A Reversion upon an Estate for years is devised to the Husband and Wife in frank-marriage by the Father of the Husband the Remainder to I. S. in Fee Tenant for years surrendreth to the Husband who dyeth the Wife enters this is c. 3. An upper Chamber is granted without Deed to A. for life the Remainder for life the Remainder to A. in Fee A. grants his Estate to him in Remainder and his Wife and to their Heirs and if they die without Heirs Males of their bodies begotten that then this shall revert the Husband dyeth the Wife enters this is c. 4. An Advowson is given by act of Parliament to Husband and Wife the Remainder to the Heires of the body of the Husband begotten of his Wife the Remainder to the Heires of the body of his Wife begotten by the Husband this is c. 5. The Reversion of Tenant for life is granted to husband and wife and to their heirs males and if they die without heir of their bodies that this shall revert with warranty Tenant for life surrenders they are impleaded and recover over and enter the husband dieth the wife entreth this recovery in value is not within c. 6. Father and sonne A. deviseth the Castle of B. to the father in Fee and dieth I. S. entreth and dieth the heir of I. S. deviseth the land to the father and his wife and to their heirs begotten of the body of the wife the father enters and dieth the wife enters this is c. 7. A Seigniory by Knight Service is given to a Feme Covert haeredibus suis masculis of her body a Tenancy escheateth I. S. intrudeth and dieth the husband enters and dyeth his wife taketh another husband who entreth this is c. 8. Land is given to the husband and wife during the life of A. the remainder to the heirs of the body of the husband they infeoffe I. S. rendring Rent to them and to the heirs of their bodies and if it be arrear that they shall enter and detein the Rent is arrear the husband dieth the wife enters this is not a jointure in the land nor in the Rent c. 9. A Seigniory is given to husband and wife for life the remainder in Taile to husband and wife for c. the Tenant leaseth for life the remainder to a Parson and his Successors the year and day expire Tenant for life dieth the Parson enters the husband ousteth him and I. S. dieth without issue the husband dieth the wife enters this is an estate Taile c. 10. Disseisor is disseised the first Disseisee brings an Assise the Tenant voucheth the Disseisor who enters into the warranty the demandant releaseth to him the Tenant deviseth the land to him to whom the release is made and to his wife in taile without expressing what Taile c. the husband enters and dieth the wife enters this is c. 11. I. S. By Indenture bargaineth and selleth a Dovehouse to husband and wife and to their heirs tam diu as they have issue of their bodies whereas he hath no

Dovehouse I. S. buildeth one the husband enters and dieth the wife enters this is no Taile in jointure c. 12. Disseisee releaseth to the Disseisor of a Rectory upon condition the disseisor dieth the condition is broken the disseisee enters and infeoffeth I. S. who dieth his heir giveth the land to the heir of the disseisor being an infant and to his wife and to the heirs of his body begotten by I. S. the husband dieth the wife entreth this is c. 13. A Feme Covert is possessed of a Severall piscary for years the reversion to the Queen the husband is out-lawed in a personall action which is reversed the Queen reciting this matter granteth this land to the husband and after releaseth to the wife and to the heirs of her body for c. this is c. 14. Disseisor of a Mannor to which a Villeyn is reguardant giveth the Mannor c. to husband and wife and to their heirs the Villeyn purchaseth land in Taile the husband enters the Disseisee enters the husband dieth the wife enters the land purchased by the Villeyn is not c. 15. Father and son the father giveth land to the son and his wife liberis suis with warranty to the sonne and his wife and to the heirs of their body for 10 yeares they are impleaded within the 10 years and lose and have in value the yeares expire the husband dieth the wife enters this is not an estate in Taile for jointure but for life 16. Tenant in Taile leaseth by deed to a woman for 40 years and hath issue and dieth leaving assets the issue enters the woman recovereth by writ of Covenant she enters and taketh husband the issue releaseth to the husband and wife and to their heirs begotten c. the husband dieth this is not c. 17. I. S. giveth land to A for life and after to the right heirs of the body of I. D. who is executed for fellony Tenant for life dieth I. S. enters the issue of I. D. recovereth the remainder by indenture after it is declared that the recovery was to the use of the recoveror and his wife and to the heirs of the body of the recoveror begotten upon his wife and A. G. the recoveror dieth the wife enters this is not c. 18. Disseisor maketh a gift in Taile Ann. 1. H. 8. the Donee hath issue and dieth the issue in 12. Eliz. grants pasture for 10 years to the Disseisee and his wife haredibus duobus of their body for the jointure of the wife in consideration of a release from the Disseisee the issue and the husband die the wife useth the pasture this is not c. 19. Land is devised to I. S. for life the remainder to a husband in frankmarriage for c. I. S. and the Devisor die the husband enters and dieth the wife enters this is not an Estate made c. 20. Five acres of land adjoining to the Sea are devised to husband and wife haeredibus suis maseulis for c. Five other acres adjoining thereunto the Sea forsaketh into which the husband and wife enter this is not any estate made in the five acres newly gained c. III. What shall be said an Estate made to the husband and wife for their lives or for the life of the wife in hereditaments for a jointure intended by this statute 1. LAnd is given to A. and B. and to the heirs of B. B. leaseth this to a Feme sole for life the Leasor grants to the said Feme and I. D. common for 10 years out of the said land during their lives for the jointure of the Leasee and after marrieth her A. and D. die this is an estate conveyed for life as an Hereditament c. 2. I. S. seised of the Mannor of D. a Tenant of the Mannor is attainted of Fellony I. S. granteth 10. l. out of the Mannor in Fee and enters into the Tenancy and leaseth this to the grantee for life he grants the Rent to I. S. and his wife for life for c. that is to the wife during the life of the husband and to the husband during the life of the wife the husband dieth the wife agreeth to the Rent this is not c. 3. The Queen grants a Rent charge of 20. l. out of the Mannor of D. to I. S. in Fee and bargaineth and selleth the Mannor to I. D. I. S. grants the Rent to the husband for life the remander to the wife upon condition that the wife after the death of the husband shall pay 10 l. to the grantor for c. the husband dieth the wife assenteth this is c. 4. A Villeyn is granted by bargaine and sale not indented but omnibus ad qu●s c. to the husband and wife during coverture and after to the survivor for c. the husband dieth the deed is introlled within six months the wife useth the Villeyn this is an estate for life c. 5. I. S. seised of a seigniory in the right of his wife granteth it to the Tenant the remainder to husband and wife quans diu se beue gesserint the Tenant I. S. and the husband dye the wife distreineth for the Rent this is not c. 6. A Mannor imparked is devised to one and his heirs semales the Devisor dieth the Devisee hath issue two daughters and dieth the Parke is allotted to the elder the Mannor to the younger liberty to hunt and to kill a Buck and a Doe is assigned for equality the younger granteth this liberty to the husband for life the remainder to the wife untill I. S. be promoted to a benefice for c. the younger and the husband die the wife useth this liberty this is not c. 7. Two grant an annuity of 10 l. jointly and severally to I. S. in Fee who granteth it to husband and wife to the husband for the life of I. D. to the wife untill one of the sonnes of I. S. accomplish the age of 21 years for c. the husband dieth the wife accepteth this annuity this is c. 8. I. S. constituteth the Custody of his Park to be an office and granteth the same office to I. D. for 10 years the grantor confirmeth this estate for 20 years the remainder to his wife for her jointure untill he pay to I. S. 20 l. the 20 years expire the husband dieth the wife useth the office this is not c. 9. The Queen maketh livery of a Mannor to which an advowson is appendant cum pertinent to the heir being within age the heir presenteth and giveth the advowson to husband and wife in speciall Taile for c. the husband dieth without issue the wife presents this is not an estate c. 10. The Master and Scholars of Saint Johns in Cambridge grant a Rent charge of 40 s. out of their Colledge to husband for life the remainder to the wife for so many years as she

be said a forcible Entry by this Statute and what not and also what shall be said a detainer with force within the purview c. and what not and then who shall be said to be a party grieved to make complaint and who not And for that that the Statute in the first branch goeth further and Ordaineth that the Iustices of peace or one of them upon such forcible Entry or detainer with force shall duly make Execution of the said Statute of 15. R. 2. for if they doe not come with sufficient power that then they shall take to them the force and power of the County to view the place where the forcible Entry was made and there finding any men holding the same place with force that then they shall take them and commit them to the Gaole as persons convicted of forcible Entry by their Record there to continue untill they have made a fine at the discretion of the same Iustices upon which words in the first branch I intend with your patience to shew unto you this day my conceit II. What manner of persons are bound to goe with the Iustices to remove the force and what not and how they shall be required and taken to doe it and their punishment upon refusall and where upon the view of a force detained within this Statute the Iustices may remove them and where not then where the Iustices upon such a view may arrest and commit the offenders to prison and where not and who shall be said offenders and punishable by this Statute and who not and also upon a force committed within the purview of this Statute the Iustices may Record it and where not and of what force such a Record shall be being so made 1. A man attainted of Felony or convicted of Heresie upon request made is compellable to goe with the Justices to remove a force 2. A man who is condemned by judgement in a praemunire and who hath abjured the Realm yet he is not bound to goe before request with the Iustices to remove c. 3. But if he who hath abjured the Realm goeth not to the Port with speed as he hath abjured to doe then upon request he is bound to goe with the Iustices to remove a force by this Statute 4. An alien born and not made a denizen or a man who is of non-sane memory is not bound to goe with the Iustices to remove a force by this Statute 5. An Infant within the age of 14 yeares or any woman sole or covert are not bound by this Statute to goe with the Iustices to remove a force 6. Every Apprentice Servant Villain or in gard are also bound upon lawfull request to goe with the Iustices by this Statute to remove a force 7. Dukes Earles Barons and all manner of Lords are also bound to goe with the Iustices by this Statute to remove a force 8. A man who is in prison or let out by baile to others for debt or trespasse is not bound by this Statute to goe c. 9. But he that is let out by Maine-prise before request is bound to goe with the Iustices c. 10. If Hue and Cry be made at one end of the Town and the iustices require them at another end of the Town they are bound to goe with the Iustices to remove a force by this Statute 11. But if they have taken a Fellon upon such a Hue and Cry or that they are in pursuit of a fellon at the time of the request then they are not bound to goe with the Iustices to remove a force hy this statute 12. If the Sheriffe Constable or Bayliffe by commandement of the Iustices without any Warrant Processe or Precept in writing require any person to goe with the Iustices to remove a force they are not bound to doe it by this statute 13. An officer although that he hath sufficient authority so to require them yet he cannot arrest or imprison them upon theit refusall by this Statute 14. But the Iustices themselves may require them being in their presence by word only without matter in writing and upon their refusall imprison them and assesse a fine c. 15. If a forcible entry and detainer with force be made upon the possession of a Iustice of Peace he himselfe upon the view of it cannot remove the force 16. But if upon such a force committed they also assault the Iustice himselfe then he may upon such assault commit them to prison 17. If one part of the house which is detained with force be in one County and the other in another County and when the Iustices come to remove the force and before they can arrest them they goe into the other part of the house which is in another County there they cannot remove the force by this c. 18. If a man enter the house of another with force and thereupon as they are fighting together with the owner of the house which of them shall have the possession thereof the Iustices come to remove the force there they may remove the force with the Owner of the house but not the house 19. If a man enters the house of another and expelleth the Owner of the house to one of part or end of the said house and he who so enters detaineth the house with force the Iustices being there may remove the force and commit the offender to prison by this Statute 20. The same Law is if a house be in one County in which there are men in harnish to beat them who will enter into a house which he had also neare adjoyning in another County the Iustices upon the view thereof may also remove this force by this Statute 21. But if both houses so neare adjoyning are within one and the same County then the Iustices may remove upon the view and commit the offenders to prison by this Statute 22. If the Iustices are present in the same place upon other businesse where such a forcible entry is to be made the Iustices when they are informed thereof and before any detainer cannot arrest them and commit them to prison by this Statute 23. If the Iustices come to remove a force and upon arrest made the offenders escape into another County the Iustices cannot arrest them nor commit them to prison by this Statute although it be upon fresh suit 24. But if the Iustices upon their comming to remove a force and before any arrest made the offenders escape into another County the Iustices there upon fresh suit may arrest them but not commit them to prison but if they were in a Fortelet or Castle within the same County then the Iustices upon fresh suit may arrest and commit them to the Goale by this Statute 25. If Iustices come to remove a force and the offenders before any arrest make an escape for that time but the morning after they are brought back againe before the same Iustices to the same place by vertue of their