I.

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 [Page 2] 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.

[Page 3] 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.

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 Land, but not for goods.

4. A Testament for Land without insealing or subscribing, is good enough, so that it be put in writing in the life of the Testator, although that it bee never proved before the Or­dinary.

5. A man maketh his Will in such form, Haecest voluntas & intentio A. B. &c. for the disposition of his Land, it is not good without saying, Ʋltima voluntas.

6. A man saith to I. S. Inheritor, that if he will not make [Page 4] his will before such a day, that he will expell him from the Land with force, and for that menace he maketh his will, this is a good Testament.

7. A man maketh a Testament of his Land in one County, and long time after maketh a Testament of his Land in another County, these are good.

8. Two men severally seised of Land, make a joynt Testa­ment of their Land, this shall be good and severall Testaments.

9. A man is in making his Testament, and had devised a parcell of his Land, and before the perfection and finishing of it, he dyeth; this is good for so much as is devised.

10. A man willeth by his Testament, that his Lands shall be sold to pay his debts, and sheweth not by whom; this is a good will, and shall be performed by his Executors or Administrators.

11. A man maketh a Will of Land, in which he hath no­thing, and after purchaseth the same Land, and dyeth, this is not a good Will.

12. The same Law, if a man make a Will of his Land, and after aliens this Land in Fee, and after repurchaseth; this is not good.

13. A Woman Covert maketh a Will of her Land, and after taketh husband, who hath issue, the husband dyeth, the wife dyeth, this is not a good Will.

14. A man maketh a will, and after he maketh a new Will, and after in his bed dying, saith that the first Will shall be his last Will, this is good.

15. A man maketh his Will in Writing, and after giveth divers Legacies to divers persons, and after by word he revo­keth all but one; this is a good Revocation of all but that one.

16. Before the Statute of 27. H. 8. A man maketh a Feoffment to the performance of his will and intent, the which will and intent is declared in a Schedule thereunto annexed upon the livery which is to the use of I. S. in fee, this cannot be revoked nor altered by his Last Will.

17. Otherwise it is if the Feoffment was to perform his last Will which is declared ut supra, this may be altered and chan­ged.

[Page 5] 18. A man giveth Land by his Will in Fee, and after by another Will hee giveth the same Land to another but for terme of life; this is a Revocation of the intire first Will.

III.

1. A Woman seised of Lands deviseable, or in use before the Statute of 27. H. 8. deviseth this to her husband; this is void.

2. A man deviseth a Reversion depending upon an estate for life to the Parson of D. and to his successours, the Parson dyeth, and after a new Parson is made, the particular Tenant dyeth, the new Parson shall have it.

3. A man by the premises of his Will deviseth his Land to I. S. in Fee, and by the sequele he deviseth the same Land to I. N. in Fee, they both shall take by this Testament, and shall be joint-tenants.

4. A man deviseth Land to the Deane of Pauls, without naming his name of Baptisme, this is good.

5. Three Brothers are of one Father and Mother, the mid­dle brother seised of Land deviseable, giveth this by his Testa­ment Propinquiori fratri suo, it seemeth that none of them shall have it.

6. A terme of yeares is devised to the Church-wardens of the Church of D. and to their successours, this is not good; but for goods so devised the Law is contrary.

7. A man who hath a terme, deviseth the Land to one and his heires, the devise dyeth, and hath Executors, his Heires shall have the Land and not the Executors; contrary the Law is if the intire terme were so devised.

8. A Devise made Canonicis Ecclesiae Catholicae Pauli Lond. in perpetuum is a good devise to all the Canons joyntly in Fee, and the survivour shall have the entierty; contrary the Law is of a devise made Civitati Lond. in perpetuum, the Corporation of the Maior and Commonalty shall take by this devise.

[Page 6] 9. A man deviseth Land to one for term of life, the remain­der over in Fee, the Devisee for life refuseth, yet he in the re­mainder may enter; but if the Will were that the Executors shall make a Lease for life, the remainder over in Fee, and they offer to make the Lease accordingly, and the Lessee refu­seth, he in the remainder shall not have the remainder. quare 29. ass.

10. A man willeth that his Executors shall sell his Lands for the payment of his debts, they all dye but one, he maketh the sale, the Vendee shall not have the Land; contrary the Law if to the Executors to be sould.

11. A man maketh two Executors, and willeth that they shall sell the Land for the payment of debts, and they sell it for terme of life, the remainder to one of themselves, the Vendee dyeth, he in the remainder may enter.

12. I. S. hath issue two sonnes, and dyeth, the elder hath issue a daughter who hath issue a sonne and dieth; Land is given by Testament to one for life, the remainder to the next Male of the body of I. S. begotten; the second sonne of I. S. shall have the Land, and not the sonne of the daughter; contrary it would be if the remainder were intailed by need.

13. A man deviseth his Land to his wife being with child, the remainder to the issue en Ventre sa feme, his wife in Tra­vaile dyeth, and the sonne is ripped from his mother alive, he shall have the remainder.

14. A man deviseth Land to one for life, the remainder to the eldest sonne of the Devisor in Taile, the remainder over in Taile, the remainder in Fee to the sonne, he in the last re­mainder dyeth without issue, Devisee for life dyeth, the sonne shall take the Estate Taile, Volens nolens.

15. A man deviseth his Land to Elianor the daughter of I. S. and I. S. hath divers daughters, whereof one is named Helen, and none Elianor, this is a good devise to Hellen.

16. A man hath two Wive, and he deviseth his Land to his latter wife in Fee, the first wife shall have it.

17 So if one hath two sonnes called I, and one of them is a bastard, and borne before marriage, and hee makes a devise [Page 7] to his sonne I; the legitimate I shall have it and not the bastard.

18. A man hath issue a sonne, and Land is devised to the Father, Habend. sibi & hared, de corpore suo legitime procreand. and after the Devisee hath issue another sonne, the second shall have the Land.

19. Land is devised to one for life, the remainder Ecclesiae St. Andrea in Holborn, the Parson of the said Church shall have Plowd. Com­ment 523. cited, it, 21. R. 2.

20. A man deviseth by his Will, that after the death of his wife the Land deviseable shall goe to I. S. his wife shall take for life by this devise.

21. Cestui que use before the Stat. of 27. H. 8. willeth that his Feoffes shall execute an Estate to I. S. in Fee, I. S. shall take the use without any Estate executed.

22. A man deviseth Land, deviseable to his daughter and Heire being a feme Covert, and to the Heires of the woman, the reversion over in Fee, and dyeth, the husband refuseth to take by the devise, he in the remainder entreth, he shall retain the Land during the lives of the Husband and Wife, but after their decease the issue of the Wife may enter upon him.

23. A man seised of Land in Fee hath issue two sonnes and a daughter, the father deviseth the Land to his wife for terme of life, the remainder propin uioribus de sanguine puerorum of the Devisor, the daughter hath issue and dyeth, the issue of the daughter shall have this remainder, and although that the sonnes have issue after, yet their issue shall not have it.

24. A man willeth that after 20. years after the death of the Devisor I. S. shall have the Land in Fee, the Heire of the Devisor shall have the Land during the terme, and not the Executor.

IV.

1. A Man seised of Land deviseable buildeth a House there­upon, the House is deviseable; the same Law of a Rent charge de Novo created.

[Page 8] 2. A man Disseisee of Land deviseable, deviseth to the Disseisor in Fee, in recompence of, a Releas which the Disseisor made unto him, it is good.

3. A man hath Land in right of his wife, and he granteth parcell of it to another, and after deviseth the residue to ano­ther, this is good.

4. A man hath a Seigniory to him descended of the part of his mother, and after the Tenancy descendeth unto him of the part of his father, and both are deviseable, and he hath not any issue, he may make devises to severall persons, (that is) the Seigniory to one, and the Tenancy to another.

5. A Termor of Land which is not deviseable, erecteth a Furnace, and fixeth this in the middest of the House in the Land, he may devise thir Furnace.

6. A man seised of Land deviseable, deviseth totum statum suum to one and his Heires, this is good for the Land.

7. A man deviseth primam vesturam sou tonsuram prati, which is deviseable, this is good; the same Law of Trees growing, and to grow for ever.

8. Tenant in Fee-simple, or Fee-taile, may devise the Corne although that the Land be not deviseable; contrary Law is of Trees.

9. A man seised of a Mill, may devise the Runner stone, but not the under stone.

10. A man hath a terme for a 100 years, and he deviseth this to one for terme of life, the remainder over to I. S. this is a voyd remainder; contrary it is if the Devise were that the Devisee shall have the occupation of the Land during his life, the remainder over.

11. Tenant in Fee-simple deviseth his Charters, this is good; but Tenant in tayle cannot.

12. The King is seised of a Borough where the Burgages are deviseable by Testament, the King purchaseth a Burgage in Fee, and granteth this to another in Fee, the Grantee can­not devise it.

13. A man hath an annuity to him and his Heirs, he cannot devise this; otherwise if the annuity be granted to him for term of years.

[Page 9] 14. A man seised of a Manner in Fee deviseable, the King granteth to him a Warren in his demean Lands in Fee, the Grantee devise the this Warren it is not good.

15. A man seised of a Common, granteth a Rent out of the Land, although that the Land be deviseable, yet the grant is voyde, and by consequence the devise.

16. An Advowson in grosse is not deviseable, nor any other thing which lyeth not in Tenure, but a mesnalty or seigniory is deviseable, because they lie in Tenure.

17. The Husband deviseth the Corn upon his Wives Land, and dyeth, this is good, whether they were sowed before the marriage or after.

V.

1. LAnd is given to a man habend, sibi & haredi suo, this is not Fee-simple, otherwise it is sibi & duobus hare­dibus suis tantum.

2. Land is given to a man habend. sibi & haered. with war­ranty of the Land sibi & haredibus suis, this is a good Fee­simple.

3. Land is devised by Testament to a man by these words, To doe with it at his pleasure, this is a good Fee-simple.

4. Land is given to a man habendum sibi in feodo simplici, and livery made to him and his Heirs secundum formam & effectum Chartae, this maketh Fee-simple.

5. A man bargaineth and selleth his Land to another with­out the word Heirs, and the Indenture is inrolled accordingly; this is Fee-simple.

6. Land is given to one by Deed for term of life, and Live­ry and Seisin made to him and his Heirs secundum formam & effectum Chartae, this is not Fee-simple.

7. The King giveth Land to a man habendum sibi & haeredibus suis masculis, hee hath neither Fee, nor Fee-Taile.

[Page 10] 8. A man seised in Fee-simple, grants totum statum suum to have to the Grantee and his Heirs, and maketh Livery ac­cording to the Deed, this is Fee-simple.

9. A man levieth a fine sur Conusance de droit come ceo que il ad de son done, the Conusee hath Fee simple.

10. A man grants a Rent out of his Land to one for life, and after the Grantor rehearsing, the first grant granteth the same Rent to the Grantee and his Heirs with clause of distresse ac­cordingly, the Grantee hath Fee-simple.

11. Two Co-parceners in Fee-simple make partition, and for equality of partition, a Rent is assigned out of one part to the other without any other words, the Assignee hath Fee­simple in the rent.

12. A man maketh a Feoffment with warranty for term of life of the Feoffee, he is impleaded and voucheth the Feoffer, who looseth and rendreth in value other land, he is seised of it in Fee.

13. Land is given to the Major and Commonalty of Lon­don, habendum protermino vitae eorum, this is Fee-simple.

14. Land is given by Deed habendum sibi & haeredibus suis, vel de corpore suo, this is not Fee-simple; otherwise if the habendum were sibi & haeredibus suis, vel suis As­signatis.

15. Land is given to Parson habendum in liberam eleemosy­nam, it is Fee-simple.

16. A man maketh a Lease of 2. Acres of Land for life, the remainder of one of them (without shewing in certaine which) to a woman sole in Fee, she taketh husband, and after the Lessee is impleaded in a praecipe quod reddat of one of the Acres, and prayeth ayd of the Husband and Wife, as of them in remainder; they joyne in ayd gratis, and cannot barre the demandant, whereby he recovereth, the Husband dyeth, the Lessee dyeth, the Wife hath the Fee-simple in the other Acre if she pleaseth.

17. A Mannor to which a Villeyn is regardant is leased for years, the Lessee maketh Executors and dyeth, the Exe­cutors enter and obtain; the Villeyn who purchaseth Land [Page 11] 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 Fee­simple.

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 Fee­simple.

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 Fee­simple.

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 [Page 12] 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 Fee­simple.

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.

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 Fee­simple.

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 [Page 14] 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 [Page 15] 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 [Page 16] 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 Fee­simple.

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 Fee­simple.

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.

[Page 17] 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 voucheth, and recovers in value, he shall be sole seised.

44. Two joynt-tenants, one within age, are disseised by the father of the infant, and the father dyes seised, the Infant enters, and the other occupieth in common with him, the Infant is sole seised.

45. Two joint-tenants in Fee, the one bargaines and sells by Indenture all his part, and before the inrollment the other dyeth, and the Indenture is inrolled within the six months, the other moity shall descend.

VII.

1. TEnant by the curtesie of land in Gavel-kind, hath issue two sonnes, and aliens with warranty, and dyeth sei­sed of assets in Fee-simple, the one sonne being within age, both the sonnes enter upon the Alience, they are Tenants in Common.

2. Before Quia Empteres Terrarum, a man giveth part of his Mannor to an Abbor and Covent, to hold of him as of his Mannor in Frankalmeigne, and after he granteth the Mannor by Fine, the Grantee hath issue two daughters and dyeth, the Abby is dissolved, the daughters enter, They are Joynt­tenants.

3. A Lease is made to I. S. and I. N. habendum to I. S. during the life of I. N. Et habendum to I. N. during the life of I. S. the leasor confirmeth their estates in Fee, they are Te­nants in Common.

4. A man hath issue two daughters, and maketh a Lease to them for terme of their lives, the Father dyeth, the daughters are seised in Fee in Coparoenary.

5. Land is given to husband and wife, and to a third person, and to the heires of the husband, and the third person releaseth to the husband and wife, and to the heires of the wife, the husband and wife are not joint-tenants, nor Tenants in Com­mon of the Fee-simple, but the husband himselfe is sole seised in Fee.

6. Two Joynt-tenants of a Mannor, the one releaseth to the other all his right in the services of the Mannor, and the Releasor dyeth, the other maketh a Feoffment of the Mannor, he shall be Tenant in Common of the services with the Fe­offee.

7. A man maketh a Feoffment of Land in Gavel-kind with [Page 19] warranty to the Feoffee and his heires, the Feoffee hath issue three sonnes, and dyeth, they enter, and are impleaded, and vouch the Feoffer, and recover in value, they are Joint tenants of the land recovered in value, if it be land at the Common Law,

8. A man hath issue two daughters, and the elder of them holdeth certain land of the Father by iiij. d. the father dyeth, the younger sister shall be presently seised without any parti­tion of ij. d.

9. Two Coparceners of a Villain, the Villain purchaseth land in Fee, the Coparceners enter together, they are Joint­tenants, and not Coparceners.

10. Two Coparceners, the one within age, make partition and the part of the Infant is the lesser, the Infant aliens her part, and after enters upon her Coparcener in Common, and she enters upon the Feoffee of the Infant in Common, the Feoffee and she are of that part tenants in Common, and of the other part she and the Infant are Coparceners.

11. Two Joint-tenants in Fee-simple make partition at this day without Deed, they are Joint-tenants as before.

12. Two Joint-tenants by Deed make such partition (that is) that the one them shall have the one moity to him and his heires, and the other shall have the other moity to him and his heires without any metes or bounds, they are not Tenants in Common.

13. The husband and wife and a third person purchase land jointly in Fee, they are disseised, the husband releaseth to the Disseisor, and after the husband and wife are divorced, the husband dyeth, the third person dyeth, the wife enters, she shall be seised of a third part of the land in foure parts divided.

14. Three Coparceners are, one of them releaseth to the two others in Fee, they are Joint-tenants of this third part. Quaera

15. A man maketh a Feoffment of two acres of land ha­bendum, the one acre to one of them and his heires, and the o­ther acre to the other and his heires, they are Joint-tenants.

16. Two joint Lords and Tenant are by Fealty and xij. d. [Page 20] the one of them releaseth to the Tenant all his right in the Land, saving one penny and fealty, the Lords are not Joynt-Tenants.

17. The Leasor grants his reversion to the Leasee for term of life and to a stranger, Habendum illis & haeredibus suis, they are Tenants in Common; otherwise it is where the Donor grants the Reversion to the Donee, and to a stranger in Fee, they are Joynt-tenants of the Fee.

18. The Leasor and a stranger disseisee the Leasee they are Tenants in Common of the Fee-simple.

19. Two Joynt-tenants, one within age, make a lease for life, he of full age dyeth, the Infant at full age bringeth a Dum fuit infra aetatem of the whole, and recovers, the Leasee dy­eth, the Infant enters into the whole, the heire of the other who was of full age enters in Common, they are seised in Fee simple in Common.

20. A Lease is made for life, the remainder over for life, the Leasor releaseth all his right to them in Fee, they are Joint­tenants of the Fee.

21. Two Joynt tenants are disseised, the Ancestour colla­terall of one releaseth to the disseisor with warranty and dyeth; the heire upon whom the warranty descended dyeth; the o­ther who survives, and the disseisor, are Tenants in Com­mon.

22. Three Coparceners are agreed to make partition, so that the one hath a severall part allot to her in severalty, and that the others shall hold in Coparcenary, and for equality of partition a rent is granted and allotted out of the severall part to the others in Fee; they are Coparceners of the rent.

23. A Lease is made to a man and a feme sole upon con­dition, that if they pay to the Leasor 10. l. at such a day, that they shall have Fee, they inter-marry, and after performe the condition, the husband aliens the whole, and dyeth, the wife enters by the new Statute, she shall be Tenant in Common with the Feoffee.

24. A man maketh a Lease for life, and hath issue two daughters, and dyeth, the Leasee makes waste, the one of the [Page 21] daughters hath issue, and dyeth, the issue and the other bring a Writ of waste, and recover, and enter, they are Coparceners as well of the Free-hold as of the Fee.

25. Land descends to two sisters from one father, who are of the halfe blood, and they enter, and indow the mother of the younger, and after the elder dyeth without issue, the younger shall have the entire Reversion.

26. A man hath issue a sonne by one venter and two daugh­ters by another venter, whereof the one is within age, their Unckle of the part of the father is disseised upon whose pos­session, the sonne releaseth with warranty in Fee, and dyeth, the Uncle dyeth, the two daughters enter upon the disseisor, 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.

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 [Page 23] 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.

[Page 24] 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 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 [Page 25] 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.

[Page 26] 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.

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.

[Page 27] 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 [Page 28] 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, 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 [Page 29] 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 re­enter 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 [Page 30] 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 Fee­simple 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 [Page 31] 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.

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, & abs (que) 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 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.

[Page 32] 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.

[Page 33] 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.

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.

[Page 34] 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 [Page 35] 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 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.

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, [Page 37] 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 [Page 38] 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.

[Page 39] 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 [Page 40] 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.

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 [Page 42] 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 [Page 43] 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.

[Page 44] 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 re­enters 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.

[Page 45] 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.

1. A Man seised of Land in Fee simple, and also in taile, a­mounting to a third part of the Fee-simple, and hold­eth part of the King in Chivalry in Capite, declareth his Will of all this Fee-simple Land, his heir within age, and inheritable to the Taile, the King shall be chased to take the Taile Land for Ward, but if no part of his Land be holden of the King, but of another Lord, or of divers Lords, the Lord shall not be compelled to take the Taile Land for his interest of the Ward.

2. A man seised of Fee-simple, holden of the King by Chi­valry, and also of Land in Taile to him and his heirs Females of his body, and hath issue a son and a daughter, and dyeth, his son within age, the King shall not be compelled to take the taile, &c.

[Page 46] 3. Tenant of the King of Fee-simple in Chiefe, purchaseth land to him, and to the heirs of the body of the father begotten, his father then being dead, after he hath issue a son and dieth, the sonne within age, the King shall take the Taile, &c.

4. Grandfather, father, and son, the grandfather seised of land in Fee land is given to the grandfather and to his heirs of the body of the father begotten; the father dieth, the grand­father declareth his will of the land in Fee-simple and dieth, the sonne within age, the King shall have the land Taile.

5. Grandfather, father and sonne, the father is seised in Fee of land holden of the King in Capite by Chivalrie; the father giveth land to the grandfather in Taile, that is, to him and his heirs of his body begotten; the grandfather maketh his will of the Fee-simple and dieth; the father dieth, the sonne within age, the King shall take the land Tailed. quaere.

6. Grandfather, father, and son, the father seised in Fee of land holden of the King by Knight service, land is given to one for life, the remainder to the heirs of the body of the grand­father begotten; the grandfather dieth, the Leasee dieth, the father maketh his will of the whole Fee-simple and dieth, the sonne within age, the King shall bee compelled to take the land tail'd.

7. Father and son, the father seised in Fee holden ut supra, disseiseth the sonne of land tailed, and declareth his will of the Fee-simple land and dieth, the sonne within age, the King shall not be compelled to the tailed land.

8. Tenant in Taile seised also of Fee-simple is disseised of the land in Taile, and giveth all his Fee-simple and dieth, his issue within age, the King enters into the land intailed, he shall not be forced to take it for Wardship.

9. A man seised in Fee-simple, and purchaseth land to him, and his son being within age, and to the heirs of the body of the father, he deviseth the Fee-simple, and dieth, the King shall not be compelled to take the Wardship of the lands in Taile.

10. A man seised of land in Fee holden of the King ut supra, and land is given to him with a woman in frankmarriage, the remainder over in Fee, and they have issue, the wife dieth, the [Page 47] husband deviseth the land in Fee-simple and dieth, the issue within age, the King shall not take the land in taile; other­wise if the remainder of the Fee-simple had been given to the husband.

11. A Feme seised of land in Fee simple holden ut supra, and land is given to her and to the heirs of her body by the donor begotten, and the donor after marrieth with her, and they have issue, the donor dieth, the wife deviseth all the Fee simple, and dieth, the issue within age, the King shall be compelled to take the land tail'd.

12. A man seised in Fee hath issue two sonnes by divers venters, and purchaseth land to him in taile generall, and dieth seised of all, the elder son enters and deviseth the Fee-simple, and dieth without issue, the puisne within age, the King shall not be chased to take it, &c.

13. Tenant in Taile seised of land in Fee-simple holden ut supra, maketh a Lease of the land tailed for term of his own life and a yeare after, the remainder to his eldest sonne in Fee, and deviseth the whole Fee-simple and dieth his issue within age, after the year the King shall not be chased to take, &c.

14. A man seised of land in Fee-holden in Chiefe, and land is given to him for life, the remainder to his eldest sonne in Taile, the remainder to the right heirs of the father, the fa­ther maketh a feoffment with warranty, and taketh back an e­state to him in Taile, and maketh a will of all the Fee-simple land and dieth, his son within age, the King shall not be com­pelled, &c.

15. Tenant in Taile seised also of other land in Fee holden ut supra, hath issue two sons, the eldest is attainted in the life of the father, and hath a Charter of pardon, and after the fa­ther deviseth the whole Fee-simple and dieth, the eldest son within age, the King shall not bee forced to take, &c.

16. Grandfather, father, and son, the grandfather seised of divers parcels of land, giveth part thereof to the father in taile, and after disseiseth the father, & maketh a feoffment with war­ranty, and taketh back an estate to him in Taile, the father dieth, the grandfather deviseth all his Fee-simple and dieth, [Page 48] the sonne within age, the King shall not have this land in Ward.

17. A feme seised of land in Fee holden of the King ut supra, purchaseth land to her and her husband, and to the heirs betwixt them begotten, and they have issue and are disseised of the tailed land, the disseisor dieth, his heir is in by descent; the husband dieth, the wife declareth her will of all the Fee-simple and dieth, the issue within age, who enters presently, the King shall not have the tailed land in Ward.

18. I. S. seised of land in Fee holden ut supra, land is given to one for term of life of the said I. S. the remainder to the heirs of the body of the said I. S. begotten, I. S. purchaseth the estate of the Leasee and deviseth the intire Fee-simple, and hath issue and dyeth, the issue within age, the King shall not have this land inatiled.

19. A man seised of land in Fee holden of the King in Ca­pite, hath issue a son and a daughter and land is given to the fa­ther, and to the heirs males of his body begotten, the remainder to his heirs females of his body begotten, and dieth seised, the son enters into all, and deviseth the whole Fee-simple, and hath issue a daughter within age and dieth, the King shall not have this land intailed.

20. A man hath issue two sons and dieth, the eldest son is seised in Fee, and land is given to him and to his heirs of his body begotten, he deviseth the whole Fee-simple, and dieth, the younger son within age; the King shall not have it, &c.

21. A man seised of land in Fee hath issue a son and a daugh­ter by one venter, and a son by another venter, maketh a Lease of a third part of the land to one for term of life of the eldest son and dieth, the eldest son enters into the residue, and ma­keth a release to the Leasee of all his right in the land, and de­viseth the intire land residue and dieth, the daughter within age, the Leasee dieth, the King shall not have this land for his part.

22. Tenant in taile is seised also of Fee-simple holden, &c. and discontinueth the Taile to another in Taile, the second do­nee dieth without issue, his wife privement insent, the donor [Page 49] 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.

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 [Page 51] 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 [Page 52] 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 use was impleaded in a formedone hanging which writ Cestuy que use enters, and maketh a Feoffment to another to the use of the same Tenant in Fee; and the demandant pursueth and recove­reth by default after the statute, the Tenant dieth, seised of this and of other land in Fee, and this land is assigned to the Lord in Ward, upon whom the recoverour enters; he shall not have recompence.

16. The Tenant in a formedone infeoffeth the father of an infant hanging the writ, and after the demandant releaseth to the Tenant, and neverthelesse hee recovereth by Verdict and Confession; after the Feoffee dieth, his heir within age, and in Ward for this land, into which the recoverour entreth, the Lord shall have recompence.

17. A [...] in a Pr [...]cipe quod reddat, was had by Ver­dict against father of an infant, who was seised in the right of his wife without naming the wife, and the recoveror enters upon the gardian to execute the recovery; he shall not have [Page 53] 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 [Page 54] 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 [Page 55] 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.

1. THe Sonne and Heir apparent of Tenant of the King in Capite, assigneth Dower of the Land of his Father to his wife ad ostium Ecclesia ox assensu patris, and after the sonne is attainted of Felony, and is executed, and the wi­dow entreth upon the Father into the Dower, the King shall have a fine.

2. Tenant of the King in Capite, is sound a Lunatick by Office, whereby the land is seised, and after he alieneth the Land in Fee by Fine, the King shall have a Fine for the alienation.

3. Tenant of the King in Capite, dyeth seised, his heir of full age, which is found by Office, whereby the Escheator seiseth to the use of the King, after Primier seisin and before Liver [...] sued, he entreth and maketh a Feoffment, the King shall not have a Fine for alienation, but after inquisition; otherwise it is, if the heir alien by Indenture of bargaine and saile, inrolled according to the statute.

4. Tenant of the King in Capite is disseised, and releaseth to the Disseisor, the King shall have a fine.

5. Tenant of the King, maketh a Lease for life by Licence, and after the Leasee maketh a Feoffment, the Feoffee inse­offeth his Father who dyeth seised, and the Feoffee as heir entreth, and inseoffeth the Feoffor who was tenant of the King, the King shall not have a Fine.

6. After the death of the Kings Tenant in Capite, it is found [Page 56] by Office, that an alien is his daughter, and heir, and of full age, whereby the Land is seised for the Primier seisin, and before Livery, the heir taketh husband, and they have issue, the wife dyeth before Livery sued, the King shall have Primier seisin of the husband as Tenant by the Courtesie, but shall not seise for alienation.

7. Tenant of the King in Capite alieneth in Fee, and before Office found, he dyeth, yet the King shall have a Fine: but if he alien, and the Alienee also dye before Office found, the King shall not have a Fine.

8. Two joynt-tenants of a Mannor holden of the King in Capite in Fee, the one releaseth to the other, the King shall not have a Fine.

9. Tenant of the King in Capite granteth Common out of the Land in Fee, the King shall not have a Fine.

10. The King, Lord, Mesne, and Tenant, the Mesne releaseth to the tenant all his right in the Land for years, the King shall have a Fine.

11. Tenant of the King, of a Mannor, to which an Advow­son is appendant, hath issue three daughters, and dyeth seised, the daughters make partition of the Mannor, and also of the Advowson, that is, that they shall present by turn, and this is found by Office, the King shall have a Fine.

12. Tenant of the King in Capite, maketh a Lease to one for years upon condition, that if he within the term kill I. S. who is a Person Out-lawed of Felony, that he shall have Fee, and Livery is made accordingly, and after he killeth I. S. with­in the term, the King shall not have a Fine.

13. Tenant of the King in Capite, accepteth a Fine of a stranger sur Conusaens do droit come ceo, &c. and continueth in possession, the King shall have a Fine.

14. The heir in Reversion of Tenant by the Courtesie of Land holden in Capite, granteth his Reversion, and before at­tornment, the Tenant by the Courtesie, by Licence granteth his estate, and after he attorneth to the grant of the Rever­sion, the King shall have a Fine.

15. Tenant of the King in Capite, of an Advowson, granteth [Page 57] to one and his heirs, the rumination of two Clerks, to be made to the Grantor, and [...] heirs at every avoidance of the Church, the King shall not have a Fine.

16. Tenant of the King in Capite, maketh a Lease for life by Licence, the Remainder for life, the Remainder over in Fee, he in the Remainder for life, granteth his Remainder to another, and the Tenant attorneth, the King shall not have a fine, because neither free-hold nor inheritance is there­by aliened.

17. Tenant of the King, deviseth his Land to his wife quandiu sola vixerit, the King shall have a fine, otherwise, if he devise untill she hath levied 10. l. out of the Land.

18. Two Joynt-tenants to them, and to the heires of one of them in Capite, he who hath the Fee, granteth his Reversion in Fee, the King shall not have a fine.

19. Tenant of the King of a Mannor, to which a Villain is regardant, alieneth the Villain in Fee, the King shall not have a fine.

20. The Tenant of a Common Lord, maketh a Lease to one for life, the Remainder to the King by Deed inrolled, the Leassee granteth his Estate to another, the King shall have a fine.

21. Lord, Mesne, and Tenant, the Mesnalty holden of the King in Capite, the Mesne, and the Tenant eschange the Mes­nalty for the Tenancy by Deed, the King shall not have a fine, and yet the eschange is good.

22. Cestuy que use of Land holden in Capite, infeoffeth one of the Feoffees, before the Statute, the King shall have a fine.

23. The King granteth Land to one in Fee, at this day upon condition, that he shall not alien without Licence, he doth alien, and this is found by the Escheator virtute officid, the King may re-enter, or have a fine at his election.

24. Tenant of the King, suffereth himselfe by Collusion to be impleaded in a reall action, by one who hath no title, who recovereth by faint pleading, the King shall not have a fine, but if the Tenant of the King looseth his land by a re­covery [Page 58] in value upon a voucher [...] him, the King shall have a Fine.

25. Two Joynt-tenants in Capite, the one Leaseth his moity for years, the Remainder for life, or in Fee to his Companion, the King shall not have a Fine.

26. Two Coparceners of the King in Capite, the one in­feoffeth the other, the King shall not have a Fine.

27. Tenant for life, where, the Reversion is in the Tenant of the King in Capite, surrendreth his estate, the King shall have a Fine.

XVII.

1. KIng H. 8. granteth Licence to his Tenant to alien, and before alienation he dyeth, and after he alieneth, the 21 H. 7. 7. b King shall not have a fine.

2. The King licenceth his Tenant to alien to I. S. in Fee, and he alieneth to I. S. in Fee Taile, or to the use of the Feoffor, the King shall have a fine.

3. The King licenceth his Tenant to alien twenty Acres, and hee alieneth tenne Acres only, the King shall have a Fine.

4. The King licenceth his Tenant to alien in Fee by Deed, and hee alieneth without Deed, the King shall have a Fine.

5. Tenant of the King in Capite, leaseth for years, the Leasee is Out-lawed in a personall action, the King seiseth, and licenceth his Tenant in Reversion to alien his Rever­sion, and he doth it during the term, the King shall have a Fine.

6. Two Joynt-tenants of the King, and he giveth to them licence to alien, and before execution thereof, the one of them dyeth, the survivor alieneth, the King shall not have [Page 59] a fine, but if the survivor die, and his heir alien, the King shall have a fine.

7. The King licenceth his Tenant to alien in Fee, and he alieneth in Fee upon condition, the King shall have a Fine.

8. Tenant of the King in Socage in Capite deviseth his Land by Will without licence, the Devisee dyeth before a Pardon sued, his heir shall not sue a Pardon without pay­ing the whole value of a year and a halfe of the third part.

9. Tenant of the King, disposeth his Land according to the Statute by Act, executed in his life without licence, the Donee shall not have a pardon of course for the third part of the value of a year, but he shall pay the value for a year and a day, by the words of the Statute.

10. The King Lord, Mesne, and Tenant in Capite, the King liceneth the Mesne to alien the mesualty, and after the tenancy escheateth, the Mesne entreth and alieneth the te­dancy, the King shall have a Fine.

XVIII.

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.

[Page 60] 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, [Page 61] 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, [Page 62] 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 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 [Page 63] 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 [Page 64] 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.

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 [Page 66] 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 [Page 67] 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.

Division the First.

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 [Page 70] 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 [Page 71] tam diu vixerit, for &c. the mulier taketh another wife, the issue releaseth to the mulier and his wife, and to the heirs of the mulier, who dyeth, the wife enters, this is &c.

9. Husband and Wife, the husband is a lunatick, they bring an action of waste against Tenant in Taile (with the Fee ex­peciant) as Tenant for life, supposing the waste to the disheri­son of the husband, he pleadeth the generall issue, no waste is found, Tenant in Taile dyeth without issue, the husband dyeth, the wife enters; this is not &c.

10. I. S. disseiseth one of Land to the value of 20 l. per annum, to the use of I. D. and his Wife, and the heirs of the Husband, for &c. I. S. granteth a Rent charge of 30 l. the husband enters, the Disseisee releaseth to the Husband and Wife for a join­ture, also the Husband dyeth, the Wife entreth; this is not &c.

11. A Divorce is betwixt I. S. and his Wife, an appeale is sued, depending, which Land holden in Capite, descendeth to I. S. he after Office levyeth a fine to I. N. and his Wife, and I. N. to I. S. and his Wife for life, &c. and to I. N. for 10 years, and after to the heirs of I. S. the Divorce is repealed, I. S. dyeth, the Wife entreth; this is &c.

12. Tenant for life of a Wood, I. S. taketh to wife the niece of the Queen, the Reversion is given to them, and to the heirs of him who shall first purchase 10. l. per annum, the Re­versions of the Mannors of D. and S. each of such value is given to the Husband and Wife, the one to the one, the other to the other, the Tenant surrendreth to the Husband and Wife, Tenant for life dyeth, the Husband dyeth, the Wife enters; this is a Joynture in the wood within &c.

13. A. and B. Joynt-tenants in Fee, A. becommeth King, to whom B. releaseth to have and to hold the Land in Fee, the King granteth it to Husband and Wife, and to the heires of the surviror, the Husband dyeth, the Wife entreth; this is &c.

14. A. and a Feme Joynt-tenants of a Villain for years, inter­marry, the Villain purchaseth a Reversion depending upon an estate for life. A. grants this to I. S. and a Feme, for &c. [Page 72] 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 [Page 73] 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.

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 [Page 74] 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.

[Page 75] 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 [Page 76] 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.

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. [Page 77] 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 [Page 78] she 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.

[Page 79] 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.

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 [Page 80] 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 [Page 81] Tenant in Taile dye, the issue of the Tenant in Taile, and the wife inter-marry, she enters, this is &c.

9. A. recovereth against I. S. without consideration, after it is declared in an Indenture, that this recovery shall be to the use of A. and she that shall be his wife for their lives, for &c. A. marrieth; I. releaseth to the husband and wife in speciall Taile, the husband dyeth, the wife reciting that she is Te­nant in Taile maketh a Lease for years; this is not &c.

10. A Seigniory is given to I. S. being attainted of Felony, to the use of the husband and wife during the life of the wife, for &c. the Tenant is disseised, the Disseisor ceaseth, I. S. re­covereth in a Cessavit against the Disseisor, and enters, the Sta­tute is made, the husband dyeth, the Disseisor being within age marryeth the wife; this is &c.

11. A Villain by assent of the Lord, is inseoffed to the use of the husband and wife, for &c. before this Statute the Lord enters, and infeoffeth the Villain, the Statute is made, the husband dyeth, the wife enters; this is not &c.

12. I. S. Covenanteth at this day, in consideration of a re­lease made by I. D. to him not inrolled, that he will stand seised of Lands, which shall be to the value of 20 l. per annum to the use of I. S. and his wife during their lives &c. I. S. dyeth, the wife enters; this is not &c.

13. Husband and Wife levie a fine to two, the husband in­tendeth it to the use of I. D. for life, and after that he shall marry, then to the use of his wife during her life, for &c. the wife intendeth it to her selfe for life, and after to I. D. he who hath the wife dyeth, I. D. marryeth, the Statute is made, I. D. dyeth, the wife enters; this is &c.

14. I. D. is indebted to I. S. in 100 l. payable at Michaelmas, I. S. in consideration that he shall pay the 100 l. at Midsommer covenanteth by Deed enrolled that he shall be seised to the use of I. D. for ten years, and after to the use of the right heir of her whom he shall marry, the tenne years expire, the heir apparant marrieth, the husband dyeth, the wife enters, this is &c.

15. Lord, Mesne, and Tenant, an Infant by Knight Service, [Page 82] 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.

[Page 83] 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.

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 [Page 84] 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 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 [Page 85] 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.

[Page 86] 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.

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 years passeth, the heir of A. denies the rent, this is not an eviction &c. and if it were, she should have Dower.

3. Land is given to the husband, and I. S. for their lives, for &c. rendring rent, and if it be behind by the space of one quarter of a year, that then &c. the husband dyes, the wife enter; the rent is demanded the 91 day after the day of payment, the money is not paid, the Leassor enters, this entry is lawfull, but no such eviction &c.

4. Tenant in Taile Remainder in Fee, granteth the Land to Baron and Feme before marriage for life &c. he in the Re­mainder disseiseth the husband, an Ancestor of the wife re­leaseth with WArranty, Tenant in Taile dies without issue, the husband and Ancestor die, this is &c.

5. Husband seised in right of his wife of a Mannor, to which an Advowson &c. gives the Manor cum pertinent. to I. S. and his wife in Taile, for &c. the Tenants do not attorne, the husband, and I. S. die, the Church becommeth void, the wife of the Do­nor distraineth for the Rents, and presents to the Church, [Page 88] this is not an eviction whereby she shall have Dower.

6. A man makes a gift in Taile rendring Rent upon con­dition, a common recovery is had against him, he who reco­vereth, opens a Mine, and grants it to the husband and wife for &c. the rent arreare, the husband dyes, the wife agrees, the Mine is expended, the Donor enters, this is not an e­viction &c.

7. A Rent is granted to husband and wife, and to the heirs of the husband, out of the Land of two Joint-tenants, the one attornes, the other dies, the husband grants the rent to I. S. and his wife, and to the heirs of the body of the wife before Marriage, the husband dies, Tenant and his wife inter­marry I. S. dyes, this is an eviction &c.

8. Tenant in Taile giveth a Messuage to husband and wife, and I. S. Successive for &c. according to the Statute, the hus­band dies, the wife assents, and after the Messuage is con­sumed by tempest, Tenant in Taile dies, the issue enters, this is not an eviction &c.

9. A recovery is had by I. S. which recovery is had to the use of I. S. untill he shall make a Lease to Baron and Feme for their lives, for &c. and after to the use of another in Fee, I. S. maketh the Lease, the Baron dies, the wife agrees, part of the Land is gained by the Sea, and a year after, the Sea forsaketh it, the Lessor entreth into it, this is not an eviction &c. and yet the wife shall not have it againe.

10. An Infant Tenant in Taile, remainder for life, the re­mainder in Fee giveth the Land to husband and wife in Taile, for &c. and dyeth without issue, the husband dies, the wife agrees, an Ancestor of him in remainder in Fee releaseth with Warranty, and dyeth, Tenant for life claimes the Land and dies, he in remainder enters, this is not a lawfull entry, and yet the wife shall have Dower, but she shall have but an Estate for life, and not an Estate Taile.

11. The sonne disseiseth his Father of Gavel-kinde Land, and Land at the common Law, and grants it to husband and wife, for their lives &c. the husband dies, the wife enters, and marryeth the sonne, the Father and sonne dies, his issue [Page 89] enters, this is an eviction, and yet she shall not have Dower but for parcell of that which is evicted.

12. Disseisor bargaines and sells Land to husband and wife, and to the heirs of the husband for the Jointure of the wife by Indenture, the Disseisee releaseth to the Disseisor upon con­dition, the Deed is enrolled, the wife elopeth from her husband who dyeth, the wife enters and maketh a Lease for years of part without any rent, the condition is broken, the Dis­seisee enters, this is an eviction, but she shall not have Dower.

13. Grandfather, father, and daughter, the daughter dis­seiseth I. S. and enfeoffeth the grandfather who dyeth, the father grants the Land to the daughter and I. D. her husband for their lives, for &c. the remainder to A. for life, the father and I. D. die, I. S. marrieth the daughter, and claimes the Land, this is an eviction, and if shee be newly endowed, and this is evicted, she shall never have Dower.

14. Land is given to A. S. and husband and wife in Fee, the husband before this Statute gives the Land to A. D. and his wife in Taile, for &c. the husband and wife die, I. D. dies, the wife enters, this is an eviction for all, but the wife shall have Dower for no part.

15. Three Joint-tenants, the one releaseth to one of his Companions, he to whom the release is made grants his part to husband and wife for five years, and if the husband pay 20 l. at the Feast of Easter, that then they shall have it for their lives, for &c. he dies before the Feast, the husband tenders the money and dies, the wife enters, the third Ioint-tenant claimeth all, this is not lawfull.

16. A man deviseth Land to I. S. and by the same Will de­viseth it to I. D. and his wife in perpetuum during their lives for a Iointure &c. and dyeth. I. S. releaseth to the wife, the husband dies, the wife enters, I. S. dies, the heir of the Devisor comes upon the Land, and sayes that he will sue them for the Land; this is not an eviction, and she shall not have a Writ of Dower.

17. A man seised of Land of 20 l. per annum taketh a wife, A. gives Land to the value of 20 markes per annum to the [Page 90] husband and wife as long as I. S. hath issue, the husband dies, the wife enters, I. S. dieth without issue, A. marrieth the wife, this is an eviction, and shee shall have a Writ of Dower.

18. A. maketh a Lease for life, of 100 Acres parcell of a Mannor, and after enfeoffeth I. S. and his wife of the Mannor without Deed. I. S. and his wife grant the Mannor to I. D. for life, the remainder to his wife for her life, rendring rent for &c. I. S. dies, the wife enters, the wife of I. S. enters, into the 100 Acres, this is no eviction whereby she shall have a Writ of Dower.

19. Two Ioint-tenants give Land of the value of 20 l. per anuum, to husband and wife in Taile, for &c. upon condition, that if one of them pay 20 l. at a certain day, that then he shall enter; the other Ioint-tenant and the husband build upon the Land, whereby it is improved to the value of 30 l. and die, the money is paid, hee enters, this is an eviction, &c. and the wife shall recover her Dower to the value of 15 l.

20. Land is given to husband and wife, for their lives be­fore marriage, for &c. they marry, a praecipe is brought against them, the husband prayes in aide of a stranger, the Leassor enters, the husband dies, this is not such an expulsion where­by she shall have Dower.

21. A. maketh a Lease for years, and after ousteth the Ter­mor, and gives the Land to a Feme for life before marriage, for &c. the husband and wife are disseised, the husband dies, the Termor enters, this is a lawfull eviction whereby shee shall have Dower.

VII.

1. A Lease for life is made to the husband, the remainder to his wife, and I. D. successive for their lives, for &c. the husband felleth Trees and [...], the wife enters, the Vendee cuts them, the Leassor recovers in a Writ of Waste, and hath Execution, this is an eviction by lawfull action, and yet the wife shall not have a Writ of Dower.

2. A Signiory by fealty, and rent is given to Baron and Feme in Taile before marriage for &c. the remainder in Fee, a Tenancy escheateth, the husband leaseth the Signiory to A. who recovereth in a Cessavit, and dies, his heir enters, the hus­band dies, this is an eviction by lawfull action, and the wife shall recover but an Estate for life to the value of the Tenancy.

3. An Infant having a Reversion, depending upon an Estate for life, disseiseth Tenant for life, and maketh a Feoffment, and at his full age, the Feoffee giveth the Land to him and his wife in Taile for &c. Tenant for life bringeth a Writ of entry sur disseisiu and recovers, the husband dies, Tenant for life releaseth to the wife, this is not an eviction by action, whereby &c.

4. A Lease is made to a Feme for life before marriage, for &c. the remainder in Fee, a praecipe is brought against the husband and wife, they pray in aide of a stranger, he in re­mainder bringeth entry ad communem legem by covin of the wife, and recovereth, the husband dyes, the wife enters, he who recovereth, enters; this is not &c.

5. Tenant in Taile of a rent, purchaseth the Land, out of which &c. in Taile, and giveth it to Baron and Feme for their lives, for &c. 50 years expire, Tenant in Taile and the [Page 92] husband die, the wife enters, the issue bringeth a Formedone of the rent, and recovereth, and is put in execution, this is an eviction, and the wife shall have to the value of the rent.

6. Land is granted to Feme covert for life, for &c. he in reversion grants it by fine, the Conusee bringeth a scire facias, the husband claimeth Fee, and it is found against him, where­by judgement is given, the husband dies, the wife enters, the Recoveror enters, this is not an eviction &c.

7. Tenant after possibility of issue extinct, the remainder for life, is disseised, and releaseth to the Disseisor, who dies, his heir gives the Land to husband and wife in Taile for &c. Tenant for life bringeth a consimili casu, and recovers, the wife enters; this is not an eviction &c.

8. An Infant giveth a Parke to a Feme covert for life, for &c. without impeachment of Waste, the remainder to two men and the heirs of their bodies, the game is destroyed, the husband dies, the wife enters, they bring a Writ of Waste, the wife pleadeth nul Waste &c. whereby they recover, this is a lawfull eviction, but shee shall not have a Writ of Dower.

9. Land of the value of 20 l. per annum, is granted to a Feme for life, rendring 10 l. per annum &c. she marryeth, he who hath right, recovereth the Land by Covin of the hus­band, and hath execution, the husband being Tenant in Taile dies, having Land to the value of 10 l. per annum, the wife shall have it discharged of the rent.

10. Leassee for life rendring rent, the Leassor disseiseth him, and maketh a Feoffment, the Feoffee dies, his heir giveth the Land to the Leassor and his wife in Taile, for &c. Tenant for life bringeth a Writ of Entrie in the Post, and recovereth, and hath execution, the husband dies, the wife shall have Dower and shall, recover for her life, the rent not recovered in value.

11. I. D. hath issue two sonnes and dies, the elder sonne makes a Lease for years, and hath issue a daughter and dies, the younger sonne ousteth the Termor and dyeth, his issue giveth the Land to husband and wife for their lives &c. before [Page 93] marriage, the Termor brings an ejection firme and reco­vers, and enters, this is not an eviction by lawfull action, but yet the wife shall have Dower.

12. Disseisee giveth Land to Husband and Wife ren­dring Rent, and for non-payment a re-entry for &c. a praecipe is brought against them by a stranger, they vouch a stranger, the Disseisee releaseth to the Vouchor, the Demandant is non-suit, the Disseisee bringeth an action by Covin of the Husband, and recovereth and hath Exe­cution, this is a lawfull eviction &c. and the Wife shall recover only for life discharged of the Rent and of the con­dition.

13. Land is given to I. S. and to her who shall be his wife before marriage, they marry, the husband dies, the Wife enters; this is an eviction &c.

14. I. S. seised of Land grants a rent out of it after this Statute to a woman in Taile, for &c. they marry, the See 32. H. 8. cap. 28. husband bargaines and sells the Land to the King who dies, the husband dies, this is not a discontinuance, and yet the wife shall have an action to recover Dower.

15. Land is given to I. S. for life, the Remainder to her who shall bee his wife for life, for &c. before this Statute, they inter-marry, the Husband gives the Land to a stranger in Fee, who dies, the husband dies, this is an eviction by discontinuance, and the wife shall have Dower.

16. Land is given to Baron and Feme before this Statute in Taile, for &c. the Husband before this Sta­tute enfeoffeth the Donor, and I. S. the Donor, and the Husband die, this is an eviction by discontinuance, wherefore &c.

17. Land is given to I. S. and a Feme sole for their lives, for &c. the Feme marryeth, I. S. maketh a Fe­offment upon condition, and enters for condition broken, the husband purchaseth the Reversion. I. S. dies, the hus­band enters, and grants a moity to one for yeares, and if hee pay 20 l. at Michaelmas, that hee shall have Fee, [Page 94] the Husband dies before the day, the money is payd, this is &c.

18. Land is given to a Feme before Coverture for life, for &c. the Remainder to the right Heires of I. S. who is in life, the Husband being an Infant, gives the Land to I. D. for the life of the Wife, the Remainder in Fee, the Husband dyes, this is no eviction by discontinuance, whereby, &c.

19. Land is given to a Feme before coverture for life, for &c. he who shall be her Husband disseiseth her, she mar­ries, the Husband makes a Lease to A. for life, and grant­eth the Reversion to B. in Fee, who grants it to C. A. and the Husband dies; this is &c.

20. Land is given to I. S. and his wife before coverture, in Taile, for &c. the Remainder to the King, the Husband is non compos mentis, and levieth a fine before this Statute, and dies, this is an eviction by discontinuance.

21. Land is given to I. S. for life, the Leassor disseiseth him and giveth the Land before coverture to the wife for life, for &c. a stranger confirmeth her Estate with War­tanty, I. S. bringeth a praecipe and recovereth, the wife hath in value, the Husband and he in Reversion make a Feoffment before the Statute, the Husband dies; this is not an eviction by discontinuance of the Jointure, and yet she shall recover Dower.

VIII.

1. A Signiory by fealty, and rent before Marriage is granted to Baron and Feme for &c. they mar­rie, a Tenancie escheateth, the husband enters and dyes, this is a Jointure in the Tenancy assured before mar­riage.

2. I. S. contracts with A. and before marriage concludes [Page 95] with B. that hee will recover the Mannor of D. and that this shall bee to them in Taile for &c. B. bringeth a Writ of Entrie which is returned, they marry, B. re­covereth, and enters, this is a Ioynture after mar­riage.

3. I. S. Leaseth to two for yeares rendring Rent, and grants the Reversion to Husband and Wife for their lives for &c. one Attorneth before marriage, and the other after marriage, this a good Ioynture before marriage.

4. I. S. Gives Lands in Taile to Baron and Feme be­fore marriage with Warranty, for &c. they are impleaded and loose and have in value after marriage, this is a Ioyn­ture assured before marriage in the Land recovered in value.

5. I. S. enfeoffeth I. D. to the use of himselfe untill he marry, and after that he marrieth, then to the use of her who shall be his wife for her life, for &c. this is a Ioynture after marriage &c.

6. I. S. grants Land to a Feme for 10 years, and if he after marry her, then she shall have it for her life, for &c. they marry; this is a Ioynture before marriage.

7. I. S. in consideration of a marriage to be had be­twixt him and A. S. covenanteth, that he shall be seised to the use of him and the said A. for their lives, for &c. they in­termarry, the Deed is inrolled; this is a Ioynture before marriage.

8. After affiance betwixt I. S. and A. S. they conclude that a fine shall be leavied of the Mannor of D. for &c. the Note is acknowledged before the Chief Iustice, they marry, and after a Writ of Covenant is brought, and a fine levied, this is a Ioynture after marriage.

9. I. S. and A. marry before years of consent, Land is given to them for their lives, for &c. at the yeares of consent they agree, this is a Ioynture after marriage.

10. I. S. maketh a Deed of Feoffment to A. with a Letter of Attorney, which Feoffment A. doth expresse to be to the [Page 96] use of himselfe, and her who shall be his wife for their lives, for &c. they marry, the Attorney maketh livery, this is a Ioynture after marriage.

11. I. S. disseiseth one to the use of A. and B. whom he intends shall marry for a Iointure &c. A. and B. enter, and after the Disseisee releaseth to the wife for her Ioynture, this is a Ioynture after marriage.

12. Land is given to A. S. and her who shall be his wife, for &c. they marry, the wife enters, this is a Ioynture in the moity, which she shall have by survivor, and before marriage.

13. A. deviseth that his Executor shall give the Mannor of D. to I. S. and A. D. who shall be his wife for their lives, for &c. they intermarry, the Executor grants the Mannor ac­cordingly, this is a Ioynture before marriage.

IX.

1. LAnd is assured during the coverture to Baron and Feme for their lives, for &c. the wife enters not, a praecipe is brought against her, she disclaimeth, or pleadeth non-Tenure; this is a refusall of the Ioynture.

2. Land is given to husband and wife for their lives, for &c. the husband dies, the wife bringeth a Writ of Dower, and ap­peareth in person, or by Attorney authorized; this is a re­fusall; otherwise if she doth not appeare in person nor by At­terney, and if she sue the Writ, and the Tenant is not sum­moned; this is no refusall; otherwise if the Tenant were summoned.

3. Land is assured to husband and wife for &c. the heir cometh to the wife, and demands if she will have her Ioynture, [Page 97] and she sayes that she will not have it; or if she say so to a stranger, this is not a refusall peremptory, but if she saith so upon the Land whereof she is Dowable to the heir, and prayeth him that he will assign her Dower; this is a refusall pe­remtory to the Ioynture &c.

4. A house is assured to a husband and wife for &c. the wife immediatly upon the death of her husband, departeth from the house which was assured, to another house; this is no refusall.

5. Land is given to husband and wife, rendring Rent for &c. the husband dyeth, the Rent being arreare is deman­ded, the wife refuseth to pay it, yet this is not a refusall of the Ioynture.

X.

1. LAnd is given to Husband and wife for their lives &c. the husband and wife levie a fine to a stranger, the hus­band dies; this is no agreement &c.

2. Land is given to Husband and wife being Infants, for &c. the husband dies, the wife being within age takes another husband, she taketh the profits, or maketh a Lease before Entrie, or grants a rent out of it; this is &c.

3. Land is given to husband and wife for &c. he dies, the wife before entry granteth a Rent out of all her Land in D. where she hath no other Land, but her Iointure there, yet this is no agreement. But if she grant a Rent out of her Jointure specially; this is an agreement.

4. Land is given to husband and wife for &c. the husband dies. The wife before Entry surrendreth to the heir of the husband; this is an agreement &c. so an Attornment is an agreement, &c.

I.

1. IF two men or more be in harnish, and having also in their hands sundry weapons, who enter the house of another, to have the possession thereof; whereupon the party departeth a farre of without any other violence to him done; this is a forcible Entry within the purview of this Statute, See 11. H. 4. 14.

2. But if two men or more being arrayed in harnish, and weapons, enter the house of another by the doore being open, and it is not known to what intent, and thereupon the par­ties aforesaid notwithstanding the Tenants are remaining in quiet without violence used, this is not any forcible Entry &c.

3. If two or more enter the house of another in peaceable manner by the doore being open, and upon their Entry, with force and violence against the will of the party put him out of possession, this is a forcible Entry by this Statute.

4. If one sole person break the house of another, and enter by the windowes against the will of the Owner, and thereupon hee threatneth the party, whereby for doubt he forsaketh the house; this is a forcibly entry.

5. If a forcible Entry bee made in the house of another for to fight with the party there dwelling, whereupon he for doubt departeth thence, and his enemies also; this is not a for­cible Entry &c.

6. 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 & thereupon the Leasor enters with force to gaine the possession of the Land; this is a forcible Entry &c.

[Page 103] 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.

[Page 104] 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 [Page 105] 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.

[Page 106] 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 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.

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.

[Page 108] 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 [Page 109] 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 precept, yet they cannot commit them, by force of this Statute.

26. The same Law is, if the offenders before arrest [Page 108] [...] [Page 109] [...] [Page 110] escape for that time, and after on the same day, the Iustices meet them in another place yet they cannot commit them to prison by this Statute.

27. If the Iustices in going to remove a force meet some of the offenders by the way in harnish, yet the Iustices cannot arrest them, nor &c.

28. The same Law, if the Iustices meet some in harnish which are going to the said place to detaine with force, yet they cannot arrest them, nor commit them &c.

29. If the Master with his Servants come to the house of another, the Master committeth a forcibly entry, his Servants not knowing his intent before the fact, he is an offender by this Statute, and none of his Servants.

30. If an entry with force be made to the use of another who agreeth thereunto, yet he to whose use the entry is made, is no offender by this &c.

31. The same Law, if one make a forcible eutry into the house of another, and thereupon imprison the party in the same house, and he himselfe also remaineth there with force, the Iustices may remove it by this Statute.

32. If a forcible entry be made in the Land of another by the commandement of one who is not present, yet he who made the commandement is not any offender by this Statute.

33. If divers in company assemble, and some of them without the others make a forcible entry, and thereupon the others without them who made the entry detaine this with force, there all together are offenders as well for the entry, as for the detaining.

34. If the Iustices come to remove a force, and before that they can arrest the offenders they escape from thence, upon that the Iustices may well Record this detainer with force by this Statute.

35. If a Iustice come to the place where the force was, and before any Record thereof made, he is put out of Commission of the peace, he cannot then make any Record by this Statute.

36. If the Sheriff is made Iustice of peace, and after in the same yeare that he is Sheriff, he commeth to the plac where the [Page 111] force was, he cannot make a Record of this by the Statute.

37. A woman being Sheriff by inheritance, marrieth with a Iustice of Peace, and upon a force made commeth to the place to remove it, and before that he can take them they escape, he may Recod this by the Statute.

38. If the Iustices upon their comming to remove the force, make a Record thereof, and commit the offenders to prison, and although that it appeareth by the same Record, that it was not a force upon the matter, yet no remedy for the party so convicted.

39. If the Iustices make a Record that they did see, where indeed there was no such matter, yet the parties cannot tra­verse it.

40. If the Iustices come to remove a force, and a rescusse is made to the officers, and others there present to remove them, they may Record that as well as the force.

41. But if the Iustices upon the view of the force there, re­cord a murther, maime, or manslanghter, this is no Record by this Statute.

I Have shewed unto you in my last Reading, what persons are bound to go with the Justices to remove a force, and what not, and how they shall be taken and required to doe it, and the punishment upon refusall: And whereupon the view of a detainer with force within the purview of this statute the Justices may remove it, & where not; and then where the Iustices upon such view may arrest and commit the offenders to prison, and where not; and who shall be said an offender, and punishable by this Statute, and who not; also where upon a force committed within the parview of this Statute, the Ju­stices may remove it, and where not; then what things they may there Record and what not, and of what force such Record shall be being so made: And for that, that Statute in the first branch goeth further and Ordaineth, That although such persons making such entries are present, or avoided before the comming of the said Iustices or Iustice &c. by which branch is remedied one of the mischiefes or defects remaining before, not remedied by the Statute of 15. R. 2. touching the departure of the Offenders before [Page 112] comming of the Iustices, to whom power and authority is given by this branch to inquire by all of the same Commission as well for such forcible entries in Lands or Tenemems, as for the detainer of them with force, and then by another clause there insuing, it is ordained, That if it be found before any of the Iustices, that any doe the contrary &c. by which clause the party so ousted shall have his remedy by way of restitution as it appeareth by the letter thereof: and upon these two severall branches of this Sta­tute, I intend this day with your patience to shew unto you my conceit.

III.

1. IF the Iustices of Peace goe to remove a force, and before their comming, the offenders are avoided, by force of which other Iustices then those who had the view, make inquiry, this is a good enquiry by &c.

2. If the Iustices goe to remove a force, and before their comming, the mis-feasors are avoided, whereby the same Iu­stices a Month after or more make enquiry, this is a good enquiry by this Statute.

3. If the Iustices of Peace, upon a force committed, and complaint thereof made, make enquiry thereof without going to the place it selfe, where the force was, this is also a good inquiry by this Statute.

4. If the Iustices go to remove a force, and before their comming to the place where the force was, they make a Record of it, and at another time they make also enquiry thereof, which agreeth with their Record before made, this is a good enquiry by this Statute.

5. But if the Iustices upon the view of the force, make a Re­cord thereof, and their Record containeth that the force was [Page 113] made with twenty persons, and the enquiry found it but with tenne persons, this enquiry is not good by this Statute.

6. If severall enquiries be made by severall Iustices upon the forcible entry, every one of them is a good inquiry by this Statute.

7. If the Iustices in their enquiry of force present an inquest by persons not sworn to doe it, and yet the enquiry maketh mention that they were sworn, then this is a good enquiry by this Statute.

8. If the enquiry be made under the number of twelve, this is not any good enquiry by this Statute.

9. If any of the Iurors by whom such inquest is taken, are persons attainted of a false 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.

[Page 114] 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.

[Page 115] 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.

[Page 116] 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 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.

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 [Page 118] 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 Esto [...]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 [Page 119] 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 [Page 120] 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 brought upon this Statute in which he shall make mention of this Statute.

37. So also if a Writ of Entry sur disseisin in nature of an assise, if the disseisin be found with force &c.

38. But in an action brought upon this Statute, if the Jurors finde for the Defendant by false oath, whereupon the party reverseth it by Writ of Attaint, in this case he shall recover treble dammages in this Writ of Attaint.

IN my last Reading, I have shewed unto you upon the branch of this Statute touching the using of any action by the party grieved, what shall be a disseisin with force by this branch of this Statute, and what not; And what shall be also said a detaining by force, and what not; then [Page 121] by what action he shall have his remedy so given by this branch of this Statute: This Statute goeth further, Provided all wayes that those keep by force their Pos­sessions in Lands or Tenements &c. and upon these words in this branch or proviso, in the end of the Statute, I intend to shew unto you this day with your patience my conceit.

V.

1. IF a Disseisor continue Possession quietly for two years, and then is disseised by his eldest sonne, the Father dy­eth, and the sonne therein continueth the Possession for one yeare more, this is not any continuance of Pos­session for three yeares within this branch or proviso.

2. The same Law is, if the father disseiseth his eldest sonne, and continueth in Possession for two yeares, and the sonne after his death for one yeare more; yet this is not any continuance of Possession by three years within this proviso.

3. But if the Disseisor continueth the Possession for two yeares in his own life time, and dyeth seised, whereby his sonne and heir entreth, and continueth Possession for one yeare more, this is a continuance of Possession &c.

4. The same Law is, it the Disseisor continue Possessi­on for two yeares in the life of the Disseisee, and one yeare [Page 122] after his death, this is a continuace for three years by this proviso.

5. If the Disseisee make continuall claime within three yeares, then this is not a continuance of Possession by three years within this proviso.

6. The same Law is, if the Disseisor continue Possession by two years, and his Feoffee by one yeare this is a continuance of Possession by three years within the proviso.

7. If a man recovereth against one in a pracipe quod reddat by Covin, and he against whom he hath recovered, hath the Possession thereof in quiet by three yeares, this is a continuance of Possession by three yeares within this proviso.

8. If a man maketh a Lease for another mans life, who continneth Possession by two yeares, and then hee for whose life &c. dyeth, and the Leassee continueth Posses­sion one yeare after the death of hee whose life &c. yet this is not any continuance of Possession by three yeares within this proviso.

9. But if hee had continued Possession by three years af­ter the death of hee for whose life &c. then this should be said a continuance of Possession by three yeares within this proviso.

10. If the Disseisor maketh a Lease for life, the remain­der over in Fee, and the Leassee holdeth in for a yeare and dyeth, after whose death hee in remainder entreth, and con­tinueth the Possession for two yeares more, this is not any continuance by three years within this branch &c.

11. If Leassee for yeares continue Possession by two yeares, and then his terme expireth, after which he hold­eth in for another yeare, yet this is not any continuance of Possession by three yeares within the proviso.

12. If a man maketh a Lease at Will, and dyeth, after whose death the Leassee continueth Possession by three yeares, this is a continuance of Possession by three yeares within this branch.

[Page 123] 13. If the Disseisor continue the quiet Possession by one yeare, and then maketh a Feoffment, and taketh back an Estate againe, and then hee continueth Posses­sion by two yeares more, this is not any continuance of Possession by three yeares, within the branch of this Statute.