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Three Learned READINGS Made upon three very uſefull STATUTES: The Firſt, By that Great and Eminent Sage of the Law, Sir Iames Dyer, of the Middle Temple, upon the Statute of 32. H. 8. Chap. 1. Of WILLS, and 34. & 35. Hen. 8. Chap. 5. for the Explanation of that Statute.
The Second, By Sir Iohn Brograve, of Grayes Inne, ſometime his Majeſties Attourney of the Dutchy of Lancaſter, upon the Statute of 27. H. 8. Chap. 10. concerning JOINTVRES.
The Third, By Thomas Riſden Eſquire, of the Inner Temple, upon the Statute of 8. Hen. 6. Chap. 9. Of FORCIBLE ENTRY.
LONDON, Printed for W. Lee, M. Walbancke, D. Pakeman, and G. Bedell, 1648.
THeſe three Learned Readings being lately imparted unto mee, from the hand of a worthy Gentleman well verſed in the Common Laws; I was very deſirous therein to receive further ſatisfaction from ſome grave Sages of that Profeſsion touching the merit of them, who (with judicious and unpartiall eyes) have with mature deliberation peruſed them, and esteemed them very ingenuous, and profitable; upon whoſe commendations I have adventured to expoſe them to publike view for the generall good: Touching the firſt of theſe great Sages of the Law, it is well known to the Gentlemen of the long Robe, that he hath left behind him a living monument, being a famous and exquiſite Volume of Reports of Law, wherein fol. 72. a. 6. E. 6. You may read him called to the degree of Serjeant at Law, and in the ſame Book, fol. 144 a. by Patent from K. Philip and Q. Mary you may finde him advanced to be a Iudge of the Court of Common Pleas, and in 1 Elizab. he was removed to be Chiefe Iuſtice of the ſame Court (being the next ſucceſſor in that honorable place to Sir Anthony Brown Knight,)
in which High Court hee continued for 24 yeares and upward, even untill his death, and in memory of him, you may ſee an ample and eloquent Encomium given by the honourable Sir Edward Cook Knight deceaſed, in the end of Dowmans Caſe in the ninth part of his Reports, fol. 14. & 15. Concerning the other two judicious Sages of the Law, the one of Grayes Inne, and the other of the Inner Temple; I had rather you would pleaſe to peruſe their polite labours then my weak Commendations of them, wherein I hope you will finde not only pleaſant variety of Invention to delight you, but alſo great ſolidity of judgement to benefit you. I intend not to trouble you with an impertinent and tedious Preface, no way doubting your riper judgments will finde ample content, and much more profit hereby, then theſe few lines doe promiſe.
For that, That in the Statute of Explanation, foure perſons are reſtrained to make Wills of their Lands, viz. Women covert, Infants, Idiots, and men of non-ſana memory, it is to be ſeen what perſons are able by the Common Law, or by the Statute, to make a Will or Teſtament, and what not.
1. Dutchy of Lancaſt. but not of any other Land.
2. The Queen cannot make a Will of her land deviſeable, which is her in
3 A Biſhop of his owne inheritance, or of his purchaſe to
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 deviſe
7. An Infant maketh a will of his Land within age, and dyeth after that he commeth to full age, and maketh no revo
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 under
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 Au
13. The Husband and Wife are divorced by reaſon of a pre
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.
What ſhall be ſaid a good and ſufficient Teſtament, and what not; and what ſhall be a Revocation, and what not.
1. A Teſtament nuncupative is not good for Land; the ſame Law of a Teſtament made in Print, or ingraven in Stone, or Timber, or cut, if it were never written.
2. A Teſtament bearing date at Antwerp in Brabant is not good, but if it want date this is good, if made after the 20. day of July, 1540.
3. A man maketh a Teſtament without naming any Exe
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 Or
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
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 Teſta
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 no
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 revo
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 chan
What perſon ſhall take by a Deviſe, and what not; and of what thing a Deviſe ſhall be made, and of what not.
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 midPropinquiori 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.
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 Tra
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 reVolens 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
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 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.
What things may be deviſed.
1. A Man ſeiſed of Land deviſeable buildeth a Houſe therede Novo created.
3. A man hath Land in right of his wife, and he granteth parcell of it to another, and after deviſeth the reſidue to ano
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 can
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.
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.
By what words and by what meanes a man ſhall have Fee-ſimple in Lands, Tenemints, or Horeditaments, and what not.
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 warſibi & haredibus ſuis, this is a good Fee
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 with
6. Land is given to one by Deed for term of life, and Liveſecundum 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.
totum ſtatum ſuum to have to the Grantee and his Heirs, and maketh Livery ac
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 ac
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 Fee
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 Exe
18. Land is given in Taile to a Villayn, the Lord entreth, he hath not Fee-ſimple.
19. A Diſſeiſor infeoffeth the King by Deed inrolled, after the King reciting the ancient right of the Diſſeiſee, grants the Land by Letters Pattents to him habendum ſibi & haeredibus ſuis maſculis, he ſhall have Fee-ſimple.
20. Tenant for life of a Seigniory recovers in a Ceſſavit, he ſhall have the Land in Fee-ſimple.
21. Tenant in Taile of an Advowſon grants in Fee by fine, an Anceſtor Collaterall of the Tenant in Taile releaſeth to the Grantee with warranty and dyeth, the Grantee hath not Fee-ſimple; otherwiſe if one uſurp upon Tenant in Taile in the Church, and his Clerk in by ſix moneths, he had Fee
22. Tenant in Taile infeoſfeth his brother, recovery is had againſt him by erroneous judgement, the Tenant in Taile hath iſſue and dyeth, the iſſue within age, the brother dyeth without iſſue, the iſſue in Taile being his Heir within age, reverſeth the judgement by error and enters, he hath Fee
23. The ſame Law if Tenant in Taile infeoffe his ſonne within age and dyeth, and he aliens in Fee, and at full age redum fuit infra atatem, he is ſeiſed in Fee
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 be
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 Te
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 adH. 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 ex
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, where
33. A Villayn purchaſeth Land for term of life, the re
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.
Who ſhall be ſaid to have a ſole estate in Fee-ſimple ſo that he may deviſe it, and who not.
1. CEstuy que uſe before 27. H. 8. makes a Leaſe for life, the remainder to one of his Feoffees in Fee, he hath a ſole Eſtate in Fee-ſimple.
2. A man ſeiſed of Land in Fee, hath iſſue a daughter beyond the Seas, and after he hath another daughter within the Realm and dyeth, the daughters enter together, the younger daughter hath a ſole Eſtate in Fee-ſimple.
3. A man is diſſeiſed by two, and he releaſeth all his right to one of them in Taile, he is ſole ſeiſed in Fee
4. A Diſſeiſor maketh a Leaſe for years, the Termor in
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 ad
7. One joint-tenant releaſeth to his Companion upon con
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
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 diCauſa 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 reprivement 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 De
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 diſconQuaerae
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 hus
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, claim
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 relea
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
28. The Father diſſeiſeth one to the uſe of his ſonne and a ſtranger, the Father dyeth, the ſonne and the ſtranger agree to the diſſeiſin and enter, the ſonne is ſole ſeiſed of the Fee
29. A Feoffment is made to two by deed, with a Letter of Attorney to one of them, to deliver ſeiſin, and he maketh livery to the other accordingly, he is not ſole ſeiſed in Fee
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 re
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 im
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 war
Quia Emptores terrarum, a man ſeiſed of a Mannor by deſcent of the part of the mother, ma
38. Two joint-tenants of a Villain, he purchaſeth lands in Fee, and is diſſeiſed, one joint-tenant enters upon the diſſei
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 Ba
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.
What perſons ſhall be ſaid Coparceners, or Tenants in common, in Fee-ſimple, ſo that they may deviſe their parts, and what not.
1. TEnant by the curteſie of land in Gavel-kind, hath iſſue two ſonnes, and aliens with warranty, and dyeth ſei
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 Joynt
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 Te
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 Com
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 Fe
7. A man maketh a Feoffment of Land in Gavel-kind with
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 parti
9. Two Coparceners of a Villain, the Villain purchaſeth land in Fee, the Coparceners enter together, they are Joint
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 o
16. Two joint Lords and Tenant are by Fealty and xij. d.
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 dy
20. A Leaſe is made for life, the remainder over for life, the Leaſor releaſeth all his right to them in Fee, they are Joint
21. Two Joynt tenants are diſſeiſed, the Anceſtour colla
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 con
24. A man maketh a Leaſe for life, and hath iſſue two daughters, and dyeth, the Leaſee makes waſte, the one of the
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 daugh
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 e
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 Com
What Deviſes of Reverſions or Remainders, or of Rents, or incidents to Reverſions or Remainders ſhall bee good; and what not.
1. THe Leſſor diſſeiſeth his Leſſee for life, and makes a Leaſe for life to another for term of life; of the firſt Leſſee, the remainder over in Fee, the firſt Leſſee enters, yet he in the remainder may deviſe his remainder.
2. The reverſion of Tenant for life is granted by fine, the Conuſee brings a Quid Juris clamat againſt the Leſſee, who claymeth Fee, whereupon they are at iſſue, and after before the tryall, the Leſſee waveth his plea, and confeſſeth &c. the Conuſee enters upon him, and he re-enters, the Conuſee deviſeth the reverſion; this is not good.
3. A Leaſe is made for life, the remainder for life, he in the remainder enters upon the Leſſee, the Leſſor deviſeth the reverſion, and the Leſſee for life dyeth, and after the Leſſor dyeth, this deviſe is good.
4. A man makes a Leaſe for years upon condition, that if the Leſſor diſturbe the Leſſee within the term that the Leſſee ſhall have Fee, and maketh Livery accordingly, the Leſſor di
5. Baſtard eigne enters after the death of the Anceſt our, and Aſſigns Dower to the mother, and dyeth ſeiſed of the reMulier puiſne deviſeth the reverſi
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
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 deI. 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 Ter
15. A Leaſe is made for life, the Remainder in Fee to the Wife of the Deviſor, ſhe ſurviveth and deviſeth his Remain
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 An
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
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 purI. 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, re
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.
33. A man hath iſſue two ſonnes, and they bring a Writ of Covenant againſt the Father of two Acres, and they acknow
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 Aſ
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.
What ſhall be ſaid a Gift or Diſpoſition lawfully executed in the life of the Donor, and what not.
1. TEnant in Fee-ſimple by Service of Chivalry upon the marriage of his ſecond ſonne, covenants by Indenture at this day, that he will ſtand ſeiſed to the uſe of the ſonne and his wife, and of the Heirs of their two bodies begotten, of two parts of the Land, and this is without ſaying that he and his Heirs will ſtand ſeiſed, and without inrolement of the In
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 whole
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 Te
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 law
10. A man maketh a Feoffment with a Letter of Attorny conjunctim & diviſim to three, and two of them make Livery
11. A man granteth a Reverſion to another, and deliver
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 Advow
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 At
18. A man grants his Reverſion in Fee, and before At
19. A Leaſee for life maketh a Leaſe for years to the Leaſor, and after the Leaſor maketh a Feoffment in Fee, and the
20. Three Joynt-tenants make a Leaſe for life, after one of the Leaſors releaſeth to one of his companions in Fee, and the Leaſee doth not attorn in the life of the Releaſor; this is not lawfully executed.
21. A man maketh a Leaſe for years, and after he maketh a Feoffment thereof, and Livery, and Seiſin, by a clod of earth, without putting out of the Termor, and without attornment of the Termor; this is not well executed.
22. A man ſeiſed in Fee of Land in Poſſeſſion, and alſo in uſe in divers Towns within one County, and before 27. H. S. he maketh a gift in Taile of his Lands, and maketh Livery of that which he hath in Poſſeſſion in the name of the Land in uſe; it is not lawfully executed.
23. A man maketh a Feoffment to two, upon condition that they ſhall make a gift in Taile to the younger ſonne of the Feoffer and his wife, and the one of the Feoffees maketh the gift; this is not well executed, but that the Feoffor may re
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 accord
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
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 maB. 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 law
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 Lea
32. A man hath a rent-ſervice, and a ſtranger claiming the rent as Lord, obtaines the poſſeſſion thereof, unto whom the Lord releaſeth all his right, this is well executed.
33. A man maketh a gift of his Land upon condition rhat at what time that the Donor ſhall purchaſe Rent of 20. s. per annum, that then the Donee ſhall have Fee, and the Donor is Joynt-tenant wirh another of the yearly Rent of 40. s. and he obtains a releaſe from him, the Donee hath not the Fee
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 Re
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.
What ſhall be ſaid a Tenure in chief of the King, and what not, and what ſhall be ſaid a Tenure by Knights Service of a common perſon, and what not.
1. THe King giveth Lands to one in Fee to hold of him, this ſhall be a Tenure in Chiefe by Knights Service.
2. The ſame Law, if he give Land to hold of him as of his Crown of England.
3. The King makes a gift in Fee, To have and to hold, ſibi & heredibus adeo libere prout aliquis Tenere potest, & abſ
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 acin 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.
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 meſ
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.
tenendum de Capitali Domino, the Meſualty is holden in Chief as before.
18. A man holdeth a Mannor of the King, to which a Vil
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.
Of grand Serjeanty and Knights Service.
1. EVery grand Serjeanty implieth Knights Service, ſed non è contra, for it is the moſt noble and great Service that can be done, for it is a perſonall Service of attendance about the King Perſon, and for that.
2. If the King gives Land in Fee ad cuſtodiendum parcum de Woodſtock, this is not grand Serjeanty nor Knight Service.
3. The King gives Lands to a Woman in Fee, to bear the Standard of the King in Warre, or to bear his Sword the day of his Coronation, this is not grand Serjeanty, for that it doth not appertain to a Woman; Vide undecimo Elizabethae. Dyer.
4. The King gives Land in Fee to lead his Gray-hound or to bear his bow when he goeth in hunting, this is grand Serjeanty, but if it be to finde to the King a couple of hounds evety year, this is pettite Serjeanty.
tenendum per fidelitatem, and renpro 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 So
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
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 Stafaciendum 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 ſtran
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 Requaere.
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.
Where the Heire in Knight Service ſhall be in Ward for his body, and where for his Land, and where for both, and where not.
1. LOrd and Tenant by Knight Service, the Tenant maketh a Leaſe for life, and dies, his Heir within age, the body only ſhall be in Ward.
2. Tenant in Knight Service is diſſeaſed, the Diſeaſor maketh a gift in Taile, the Donee dyeth ſeiſed, and his iſſue enters, the Deſſeiſee dyes, his Heir within age ſhall be in Ward for his body.
3. The Tenant diſclaimeth in avowry, the Lord recovers in a Writ of Right of Diſclaimer, and before execution the Tenant dies, his Heir within age, he ſhall be in Ward for the body, and Land alſo, if the Lord pleaſe.
4. Two Ioynt-tenants unto the Heirs of one of them, he who hath the Fee dyeth, his Heir within age, the body ſhall be in Ward to the King, if the Land be held of him; but if it be holden of a common perſon, it ſhall not.
5. The Tenant maketh a Leaſe for life, the Remainder in Fee, he in the Remainder dyeth, his Heir within age, he ſhall not be in Ward to the King nor to any other during the life of the Leaſſee, but after the death of the Leaſſee, during his none-age, he ſhall be in Ward for both.
6. The Tenant makes a Leaſe to the Lord for life, rendring Rent; the Leaſſor dies, his Heir within age, he ſhall be in Ward, for the body, and the Lord ſhall have the Rent by retainer.
7. A man gives Landsholden by Knights Service ro one, pro ſcutagio ſuo habendum ſibi & harebidus de corporo ſuo, the Donee dies, his iſſue within age, he ſhall be in Ward.
8. Grandfather, Father, and Sonne, the Grandfather holdeth by Knights Service, and maketh a gift in Taile to the Father and dyes, the Father dies, the ſonne within age,
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 Ser
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 Ser
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
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 condi
21. Tenant in Taile in Chivalry levies a Fine with procla
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 Mo
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 Pri
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.
27. Lord, Meſne and Tenant, the Tenant holdeth of the Meſne by Priority, who holdeth over of the Lord by Prio
28. The Tenant being within age, or of non ſane memory b.
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 Re
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 dein 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 Te
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.
Where a Will made of all the Land holden by Knight Service ſhall be good, and where not: And where a Will made of all the Socage Land ſhall bee good for two parts, and where otherwiſe.
1. A Man ſeiſed of three Mannors of equall value, the one holden of the King by Knight Service in chief, the others holden of other two Lords by Knight Service; he dequaere 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 there
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
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 Re
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 So
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 Fe
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
I. S. and in the other Town of another ſtranger, the teI. 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 Chival
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 Execu
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, pro
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 hold
22. Tenant of a Manor in Ancient Demeſne, which is holden by Knights Service, deviſeth the whole by his Will, and after leſur Conizance de droyt come ceo, &c. to his own uſe, & after dyeth, this is good for the whole.
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 Do
25. Lord, two Coparceners Meſnes, and tenant, holdeth in Chivalry, the Meſne in Socage, the tenant enfeoffeth one of the Meſnes, ſhe maketh a Will of the whole Land and dyeth, this is good for the moity for two parts of the other moity.
26. Lord, Meſne, and tenant ut ſupra, the Meſne and a ſtranger diſſeiſe the tenants, and make a Feoffment, the Diſſeiſee re
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 ſo
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 Re
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 Man
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 confirm
Where the King or other Lord ſhall be forced to take the Land in Taile for their third part, and where not.
1. A Man ſeiſed of Land in Fee ſimple, and alſo in taile, ain 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 Chi
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 grand
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 grand
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
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 fa
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 fa
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 war
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 fa
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 daugh
22. Tenant in taile is ſeiſed alſo of Fee-ſimple holden, &c. and diſcontinueth the Taile to another in Taile, the ſecond doprivement inſent, the donor
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 remain
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 iſ
Where the King of other Lordin Knight ſervice ſhall have recompence out of the two parts deviſed by reaſon of Eviction, or determination of their intereſt in the third part, and where not; this diviſion is grounded upon 34. H. 8. c. 5. of Explanation: Article the 18th.
1. LAnds which were firſt in Ward to K. H. 8. are in Ward to the King that now is, and are recovered againſt the infant by default in a formedon or other action-reall upon a good title, and execution ſued accordingly; the King ſhall have re
2. A praecipe quod reddat is brought againſt the heir for the land which is aſſigned to the lord, and no Town is mentio
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 diſ
5. The Guardian in Chivalry granteth all his intereſt in the Ward to another, againſt whom the wife of the anceſtor of the heir in Ward recovereth in dower, and hath execution; the Grantee ſhall not have recompence for that he is not Lord, for the ſtatute giveth recompence only to the Lord.
6. A man recovereth againſt the heir by formedone in the
deſcender, where it ſhould be in the remainder, but upon good Title, or by writ of Entrie in the poſt, where it ſhould be within the degrees, and ſueth execution, the Lord ſhall have recompence.
7. A man recovereth in ancient Demeſne by Writ of Right Cloſe, in the nature of a Writ of Right at the Common Law by default upon a good title, but ſoveraignty was taken away, where in truth the land lyeth out of ancient Demeſne, and ſueth execution, the lord ſhall not have recompence.
8. Land lieth in Wales and Durham, and is recovered in the Common Place at Weſtminster, and execution ſued, the Lord ſhall not have recompence.
9. A praecipe quod reddat was brough for land in Ward againſt the father of the heir, and he voucheth to warranty, and at the ſummoneas ad warrantizandu ̄
returned ſerved, the vouchee magrande 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 de
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 re
12. A praecipe quod reddat is brought againſt the heir he vouch
13. The King hath land, for his part, which is holden of aCeſſavit againſt I. S. then Tenant upon a Ceſſer, and hanging the writ I. S. inſeoffeth the father of the Ward, and the deI. 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 reD. 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 recove
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 Pr
was had by Vergardian to execute the recovery; he ſhall not have
18. The father of an infant being by the curreſie of the inheripracipe quod reddat by a faint title, and after the condition bro
19. A formedone is brought by an infant upon a diſconti
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 deman
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 en
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
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 de
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 repro loco & tempore ſueth a ſcire facias to have in value, and by extent recovereth and entreth, hee ſhall have recom
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 Reverſi
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 ſur
For what Alienation the King ſhall have a ſine for alienation, and for what not, and where the King ſhall have a fine for alienation, notwithſtanding a licence of alienation, and where not.
1. THe Sonne and Heir apparent of Tenant of the King in Capite, aſſigneth Dower of the Land of his Father to his wife ad oſtium Eccleſia ox aſſenſu patris, and after the ſonne is attainted of Felony, and is executed, and the wi
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
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 inſe
6. After the death of the Kings Tenant in Capite, it is found
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 Advow
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. with
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 at
15. Tenant of the King in Capite, of an Advowſon, granteth
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 there
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 Meſ
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 re
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 in
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.
Where the King ſhall have a fine for Alienation, and what ſhall be ſaid a good Pardon for alienation, and what not.
1. KIng H. 8. granteth Licence to his Tenant to alien, and before alienation he dyeth, and after he alieneth, the H. 7. 7. b
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 Rever
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
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 pay
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 te
What gift, estate, or Conveyance ſhall be intended to be made by fraud or Covin, and what not: And where the fraud and Covyn are well found by Office, or in the Writ of right of Ward, and where not.
1. A Feme ſole Tenant of the King in Capite in Knight Service, maketh a gift in Taile to a married man, pro cauſa matrimonii praelocuti, and the Wife of the Donee dyeth, and the Donereſſe and he inter-marry, and have iſſue and the wife dyeth, this ſhall not be intended Covin.
2. Tenant of the King in Capite in Taile, the Remainder over in Fee, they eſchange this Land in Fee for other Land of Tenure, which is of much leſſe value then the other Land given, which is conveyed to them as the other Land was; this is a good eſchange, and no Covin.
in Capite, being conſtrained by po
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 Chi
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 Condi
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 Remain
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 Re
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,
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 accor
17. Tenant in Chivalry infeoffeth his ſonne and heire apparant in Fee, being within age, bona fide and the Lord accoven 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 execu
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 in
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 e
21. The iſſue in a right of Ward, is if the conveyance
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 hol
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 Coun
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 elQuaere 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 ſerCapite, 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 Collu
28. Tenant of the King in Capite conveyeth divers fraudu
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 up
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 e
32. Tenant in Chivalry by ſecret Covin enfeoffeth a Vil
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.
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.
Where the Donce or Deviſee, who hath loſt the Lands or Tenements to him given or diviſed or part thereof, by reaſon of wardſhip ſhall have contribution by bill in the Chancery againſt the other Donces or Deviſees, and where not.
1. BAſtard eigne entreth after the death of the anceſtor, and being ſeiſed alſo of other lands by purchaſe, deviſeth theſe by his Will to diverſe perſons, and the land diſcended hee deviMulier puiſne, and dieth, his iſſue within age, the Lord taketh for Wardſhip part of the land purchaſed and deMulier 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, devi
3. A Diſſeiſor ſeiſed alſo of other land by good title, de
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 reco
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 a
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 remain
8. A Feme is diſſeiſed, the father releaſeth to the diſſeiinſeint, and af
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
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 Lea
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 Devi
What ſhall be ſaid, a puchaſe of Lands to the husband and wife, and to the heirs of the husband, by the husband for the Jointure of the wife, by this Satute, and what not.
1. A Praecipe is brought againſt Tenant in Fee ſimple, who prayeth in ayde of the husband and wife, the husband being attainted of Felony, for that, that the Reverſion is to the husband and wife, and to the heirs of the husband and wife, the husband barreth the Demandant and dyeth, the wife agreeth, yet this is not ſuch a purchaſe &c. which may be for a Jointure.
2. A Mine is given to three men, and a Feme ſole, one of them marrieth with the Feme, ſhe being excommunicated, one of the others releaſeth to the husband and wife, and to the
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 pur
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 LiI. S. dyeth, the wife en
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 en
7. Father and ſonne, the ſonne purchaſeth a Mill and dyeth without iſſue, I. S. abateth, the Uncle dyeth, the father enters and payeth the Rent to the Lord, and deviſeth the Mill to the Lord and his Wife, and I. D. and willeth that the Lord ſhall pay 5. s. to his heire, he entreth, the Lord dyeth; this is ſuch a purchaſe &c.
8. Baſtard eigne, and mulier puiſne, the father dyeth ſeiſed of two Acres, the mulier enters in one, and the baſtard in the other, who dyeth, his iſſue indoweth his mother, who dyeth, the iſſue leſſeth to the Wife of the mulier for 100 years, ſi ipſa
tam diu vixerit, for &c. the mulier taketh another wife, the iſſue releaſeth to the mulier and his wife, and to the heirs of the mulier, who dyeth, the wife enters, this is &c.
9. Husband and Wife, the husband is a lunatick, they bring an action of waſte againſt Tenant in Taile (with the Fee ex
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 join
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 ReD. 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, interA. grants this to I. S. and a Feme, for &c.
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 ManD. 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 hus
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 Ordi
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, Come ceo &c. the Husband dyeth, the Wife infeoffeth the Heir of the hus
20. Diſſeiſee is married in a chamber, the Diſſeiſor gi
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.
What ſhall be ſaid an Eſtate made in Tenements to the Husband and Wife, and to the Heirs of their bodies, or to the Heirs of one of their bodies, by this Statute, and what not.
1. A Wind-mill is Leaſed to a Woman for years, who taketh Husband, he granteth the term upon condition, and for the condition broken enters, the Leaſſor releaſeth to them & haeredibus ſuis omnibus maſculis, and if they die without ſuch an Heir, that this ſhall remaine to the Heirs of the Huſ
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 ſur
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 bo
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
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 eſcheaI. 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 de
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 enI. 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 Aſ
11. I. S. By Indenture bargaineth and ſelleth a Dovehouſe to husband and wife, and to their heirs tam diu as they have iſI. S. buil
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 hus
13. A Feme Covert is poſſeſſed of a Severall piſcary for years, the reverſion to the Queen, the husband is out-lawed in a per
14. Diſſeiſor of a Mannor to which a Villeyn is reguar
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 implea
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 reA. G. the recoveror dieth, the wife enters; this is not &c.
18. Diſſeiſor maketh a gift in Taile, Ann. 1. H. 8. the DoEliz. grants paſture for 10 years to the Diſſeiſee and his wife, & haredibus duobus
19. Land is deviſed to I. S. for life, the remainder to a husI. 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 o
What ſhall be ſaid an Eſtate made to the husband and wife for their lives, or for the life of the wife in hereditaments for a jointure intended by this ſtatute.
1. LAnd is given to A. and B. and to the heirs of B. B. leaſeth this to a Feme ſole for life, the Leaſor grants to the ſaid Feme and I. D. common for 10 years out of the ſaid land during their lives for the jointure of the Leaſee, and after marrieth her: A. and D. die; this is an eſtate conveyed for life as an Hereditament &c.
2. I. S. ſeiſed of the Mannor of D. a Tenant of the Mannor is attainted of Fellony, I. S. granteth 10. l. out of the Mannor in Fee, and enters into the Tenancy, and leaſeth this to the grantee for life, he grants the Rent to I. S. and his wife for life for &c. that is to the wife during the life of the hus
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.
4. A Villeyn is granted by bargaine and ſale not indented, but omnibus ad qu
to the husband and wife during cover
5. I. S. ſeiſed of a ſeigniory in the right of his wife, granquans 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 ſe
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 huſ
8. I. S. conſtituteth the Cuſtody of his Park to be an ofl. 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 husD. 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 a& 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 iſin 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 duMulier 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 preCovert, 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 par
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 par
19. The Chiefe Juſtice of the Common Place being non compos mentis, granteth the office of pregnotoriſhip to hus
20. View of frankpledge is granted to a feme during the life of I. S. ſhe marrieth; the grantor granteth the ſaid liber
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 in
What ſhall be an Eſtate or purchaſe to the Husband and Wife, or to any other perſon to the uſe of the Husband and Wife, or to the uſe of the Wife in manner afore expreſſed, and what not.
1. I. S. and I. D. joint-tenants, I. S. releaſeth to I. D. in Fee, during the life of A. S. to the uſe of I. D. and A. S. who ſhall be his wife for &c. they intermarry, I. D. dyeth, the wife enters; this is &c.
2. Before the Statute of 27. H. 8. I. S. maketh a Feoffment
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 ExS. 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 dy
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
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 Te
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. reCeſſavit againſt the Diſſeiſor, and enters, the Sta
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 reI. 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 inI. 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,
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 mar
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.
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 hus
Where the Wife ſhall have a Jointure and alſo Dower, notwithſtanding this Statute, and where ſhe ſhall not have Jointure, neither Dower, notwithſtanding the words of the Statute, that is, any Law, or proviſion made to the contrary thereof notwithſtanding.
1. I. S. hath Land in burrough Engliſh, and hath iſſue two ſons, Land is given to the elder ſon and his wife, for their lives rendring rent for &c. and after the wife of the ſonne is endowed, ex aſſenſu patris, the ſonne dies, the wife ſhall have her jointure and this Dower.
2. Dower is aſſigned ad oſtium Eccleſiae, and after Land is given to the husband for life, the remainder to I. S. and his heirs during the life of I. D. the remainder to the wife for life for &c. the husband dyeth, the wife occupieth the Dower, I. S. dyeth, the wife entreth, ſhe ſhall have this joynture and Dower alſo.
3. A Villain is given to husband and wife in frank marriage, the remainder in Fee to the husband for &c. the father of the husband dyeth ſeiſed of Land in Fee, I. S. abateth, the husband dyeth, the wife ſhall have this jointure, and Dower of the Land.
4. Land is given to husband and wife for 200 years, if they live ſo long, for &c. after which Land is given to the husband
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 re
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 mat
9. Land is given to husband and wife in Taile with Warran
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
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 hus
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. en
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 hus
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.
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 reunques accouple in loyall Matrimony, the Biſhop certifieth the con
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 condi
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 Re
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.
What ſhall be ſaid a Lawfull expulcion or eviction of a Jointure, or any part thereof by Lawfull entrie without fraud, or covin, intonded by this Statute, and what not.
1. Diſſeiſor grants a Rent Charge to husband and wife for their lives &c. and is diſſeiſed, the husband diſſeiſeth A. of 20 Acres, and hath iſſue an Infant, and dies, the wife aſſents, A. enters, and dies, the firſt Diſſeiſee of the Lands out of which the rent is iſſuing releaſeth to the ſecond Diſſeiſor, this is an eviction &c. but the wife ſhall not have Dower of the 20 Acres, but of the other Land.
2. Land is given to A. and B. and to the heirs of him who ſhall firſt marry. A. grants a rent to husband & wife for their lives &c. before marriage, A. taketh Feme. B. and the husband die, A. dies, the heir of the husband levies a fine of Land which he had by deſcent; 5 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 Re
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 Do
6. A man makes a gift in Taile rendring Rent upon con
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 inter
8. Tenant in Taile giveth a Meſſuage to husband and wife, and I. S. Succeſſive for &c. according to the Statute, the hus
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 re
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
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 con
13. Grandfather, father, and daughter, the daughter diſ
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 dein 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
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 bepraecipe is brought againſt them, the husband prayes in aide of a ſtranger, the Leaſſor enters, the husband dies, this is not ſuch an expulſion where
21. A. maketh a Leaſe for years, and after ouſteth the Ter
What ſhall be ſaid an expulſion or eviction of her Jointure without fraud or covin by lawfull action, or diſcontinuance of the husband, and what not, within the fourteenth Branch of this Act.
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
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 hus
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 read 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
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, where
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 husper 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
ejection firme and reco
12. Diſſeiſee giveth Land to Husband and Wife renpraecipe 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 Exe
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 H. 8. cap. 28.
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 StaI. 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 FeI. S. dies, the hus
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 marA. for life, and grantB. 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 WarI. 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.
What ſhall be ſaid a Jointure aſſured before Marriage, and what ſhall be a Jointure aſſured after Marriage &c.
1. A Signiory by fealty, and rent before Marriage is granted to Baron and Feme for &c. they mar
2. I. S. contracts with A. and before marriage concludes
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. re
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 be
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 beA. S. covenanteth, that he ſhall be ſeiſed to the uſe of him and the ſaid A. for their lives, for &c. they in
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
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 ac
What ſhall be ſaid a refuſall of her Joynture intended by the Statute, and what not; what ſhall be ſaid an agreement &c. and when the refuſall to the agreement ſhall be peremtory to the party, although an Infant or a Feme Covert. Refuſall and agreement ought to be certaine, and cannot be by implication where it ſtandeth indifferent.
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 ap
3. Land is aſſured to husband and wife for &c. the heir cometh to the wife, and demands if ſhe will have her Ioynture,
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 deman
What is an agreement, and how this ought to be after Coverture.
1. LAnd is given to Husband and wife for their lives &c. the husband and wife levie a fine to a ſtranger, the hus
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.
AT the Common Law before the making of any of the Statutes of forcible Entry, every man might have entred into Lands or Tenements with force, and might have alſo detained them with force upon good title, and no way puniſhable, as well as a man at this day upon good title may take and detaine his goods and Chattels out of the poſſeſsion of a ſtranger with force, and the effect of the iſſue in Treſpaſſe thereupon brought, was upon the title of the Parties, and if found for the Plantiffe, he was by that excuſed of the force; but then if any man were found guilty of any ſuch Entry with force, the Iustices would aſſeſſe a greater fine in that Caſe, then for other common treſpaſſes: And the ſame Law alſo was before any Statute thereof made, that if any man were killed, maimed, or grievouſly wounded, upon ſuch forcible Entries, Constables and other officers of the King might
arrest them, and carry them to priſon: but if no ſuch act done as murther, manſlaughter or the like miſchiefe, then had not the officers any thing to doe with the matter, although they were preſent at the ſame time: And thereupon commeth the Statute of 5. R. 2. cap. 7. which Statute in a manner prohibiteth, that it ſhall not be lawfull for any man to enter into any Lands or Tenements with force, although his Entrie be lawfull; and this Statute maketh force materiall in any action thereupon brought: but yet this Statute doth not give any power to the Iustices of Peace to meddle with any ſuch forcible Entrie, except by a generall enquiry thereof made in their Seſsions of Peace, and not otherwiſe; whereupon came the Statute of 15. R. 2. chap. 2. and thereby it is ordained, that if any man enter into Lands or Tenements with ſorce, and detain alſo with force, that after this Entrie, the Iuſtices or one of them within the ſame County come with the power of the County, and view the place of ſuch forcible Entry made, and if the ſame Iustices finde any men holding the ſame place with force, that then they ſhall take them and commit them to the Goale 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: which Statute notwithſtanding, there remained divers other defects not remedied thereby; for no remedy was given against them by the ſaid Statute who enter peaceably, and after their Entry detain with force; neither is there any remedy given if the perſons who entred, be gone away before the comming of the Iuſtices, nor no paine ordained by this Statute againſt the Sheriff, if he will not execute the precept of the Iuſtices when they or any of them will inquire of any matter: neither was the party by the ſaid Statute to have any manner
of reſtitution, whereupon this Statute of 8. H 6. chap. 9. was made, which provideth remedy as well for thoſe defects before remembred, as for the matters here enſuing, as it appeareth by the letter of the ſame Statute, the which Statute alſo maketh the force materiall as by the Statute of 5. R. 2. as well by way of inquirie, as by action; ſo every Party ought to mention the force in their ſeverall Pleas, but yet in any action brought thereupon, if the parties joyn their iſſue upon their ſpeciall pleading, then ſuch iſſue ſhall be alwayes upon the title, and not upon the force, and for that if the title be found for the Plantiffe, the Defendant is ipſo facto convicted of the force, and if it be found for the Defendant, he is alſo excuſed of the force, and in none of the ſaid Caſes the force is inquireable, but the title found with the one or other maketh an end of all as to the parties, or for any thing which accrueth by the uſing of ſuch an action, wherein it varieth in ſome thing from the Statute of 5. R. 2. but yet he that committeth the force ſhall make a fine to the King notwithstanding this title, and alſo in the ſame action, if it be in a generall iſſue, the force ſhall be inquired, although the title be found for the one or other, and ſo the diverſity is; but now this Statute of 8. H. 6. c. 9. that from henceforth if any make ſuch forcible Entry &c. by which words in the first branch of this Statute, there was no onely like Law for the Entry and alſo detainer with force, as is by the ſtatute of 15. R. 2. but alſo for Entry, which is made in peaceable manner, and after detained with force &c. upon which words in the firſt branch of this Statute, I intend with your patience to ſhow to you my ſimple conceit.
What ſhall be ſaid a forcible Entry by this firſt branch of this Statute, and what not; what alſo ſhall be ſaid a detaining with force within the purview of this Statute, and what not; and then who ſhall bee ſaid a Party grieved to make complaint, and tender the coſts by this firſt branch &c. and who not.
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 par
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 for
6. If a man make a Leaſe for life, and after grant the Re
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, al
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 keep
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.
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 with
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 up
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 detai
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 Sta
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 according
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 en
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.
What manner of perſons are bound to goe with the Iuſtices to remove the force, and what not, and how they ſhall be required and taken to doe it, and their puniſhment upon refuſall; and where upon the view of a force detained within this Statute, the Iuſtices may remove them, and where not; then where the Iuſtices upon ſuch a view may arreſt and commit the offenders to priſon, and where not; and who ſhall be ſaid offenders, and puniſhable by this Statute, and who not; and alſo upon a force committed within the purview of this Statute, the Iuſtices may Record it, and where not, and of what force ſuch a Record ſhall be, being ſo made.
1. A man attainted of Felony, or convicted of Hereſie, up
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.
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 Iuſti
12. If the Sheriffe, Conſtable, or Bayliffe, by comman
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 ar
18. If a man enter the houſe of another with force, and thereupon as they are fighting together with the owner of the
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 Iuſti
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 can
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 be
26. The ſame Law is, if the offenders before arreſt
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
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 tra
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, re
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
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.
What ſhall be a good and ſufficient Enquiry by this Statute, and what not; and by what inqueſt or inquiry reſtitution ſhall be made, and by what not: and then by whom it ſhall be made, and whether by Writ, or without Writ.
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 Iu
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 Re
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 en
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 thereupI. 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 re
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.
26. The ſame Law is, if a man be poſſeſſed of a Leaſe for years, and is ouſted thereof with force, and dyeth before re
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 reſti
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 en
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 reſtituti
31. If it be found by enquiry upon this Statute, that the Land out of which one hath rent or common iſſuing, is de
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 reſti
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.
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 re
38. The Iuſtices of the Kings Bench having the Record be
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 reſti
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.
What ſhall be ſaid an ousting or diſſeiſin with force within the branch of this Statute, and what not; what ſhall be ſaid alſo a detaining with force within this branch, and what not; and who ſhall be ſaid a party grieved to uſe any action, and who not; by this branch of the Statute, and then how and by what action he ſhall have his remedie ſo given by this branch of the Statute.
1. IF a forcible entry be made in the Land of another, where
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
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 a
13. If a man hath a way appendant over the Land of a
14. A man hath Eſto
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 con
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
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 hus
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 perſoWeſtmin. 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
31. If a man be ouſted with force, and thereupon he re
32. If a man be ouſted with force, and the Land is alſo de
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 dam
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
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.
What ſhall be ſaid a continuance of Poſſeſſion by three yeares within the proviſo of this Statute, and what not; Then where he who hath ſo continued poſſeſſion by three yeares within the proviſo of this Statute, may justifie the detaining of it by force, and where not: And againſt what perſons ſuch juſtification ſhall be made, and what not.
1. IF a Diſſeiſor continue Poſſeſſion quietly for two years, and then is diſſeiſed by his eldeſt ſonne, the Father dyproviſo.
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 Poſſeſſiproviſo.
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 Poſſeſproviſo.
9. But if hee had continued Poſſeſſion by three years afproviſo.
10. If the Diſſeiſor maketh a Leaſe for life, the remain
11. If Leaſſee for yeares continue Poſſeſſion by two yeares, and then his terme expireth, after which he holdproviſo.
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.