Three Learned READINS Made upon three very useful STATUTES: The First, By that Great and Eminent Sage of the Law, Sir james 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 john Brograve, of Gray's Inn, sometime his Majesty's Attorney of the Duchy of Lancaster, upon the Statute of 27. H. 8. Chap. 10. concerning JOINTURES.  
The Third, By Thomas Risden Esquire, of the Inner Temple, upon the Statute of 8. Hen. 6. Chap. 9 Of FORCIBLE ENTRY.  
LONDON, Printed for W. Lee, M. Walbancke, D. Pakeman, and G. Bedell, 1648.   

The Stationer to the Reader.  
Courteous Reader,  
THese three Learned Readins being lately imparted unto me, 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 unpartial eyes) have with mature deliberation perused them, and esteemed them very ingenuous, and profitable; upon whose commendations I have adventured to expose them to public view for the general 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 Sergeant at Law, and in the same Book, fol. 144a. by Patent from K. Philip and Q. Marry you may find him advanced to be a judge of the Court of Common Pleas, and in 1 Elizab. he was removed to be Chief justice of the same Court (being the next successor in that honourable place to Sir Anthony Brown Knight,) in which High Court he continued for 24 years and upward, even until 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 Gray's Inn, 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 find not only pleasant variety of Invention to delight you, but also great solidity of judgement to benefit you. I intent not to trouble you with an impertinent and tedious Preface, no way doubting your riper judgements will find ample content, and much more profit hereby, than these few lines do promise.   

32. and 34. H. 8. The Reading of James Dyer of the Middle-Temple, London, there made upon the Statutes of Dispositions of Lands and Tenements by Testament, or last Will, or otherwise, made in the year 32. H. 8. chapter the 1. And of Explanations in the years 34. & 35. of the same King, Chapter the 5.  

I.  
For that, That in the Statute of Explanation, four persons are restrained to make Wills of their Lands, viz. Women covert, Infants, Idiots, and men of non-sana memory, it is to be seen what persons are able by the Common Law, or by the Statute, to make a Will or Testament, and what not.  
1. THe King being of full age, may make a Testament of land, parcel of the Duchy of Lancast. but not of any other Land.  
2. The Queen cannot make a Will of her land deviseable, which is her inheritance, but by the assent of the King she may make a devise to a stranger, and not to the King.  
3 A Bishop of his own inheritance, or of his purchase to him and his heirs, may make a Will, but not of the Land of his Bishopric, but of arrearages of rent of the Bishopric, he may make a devise by Testament; the same Law of a Dean or Parson of a Church.  
4. An Abbot, Prior, or Master of an Hospital, cannot make a Will of any thing.  
5. A person outlawed of Felony cannot make a Testament, but a person outlawed only in personal actions, may make a Testament of his Land, but not of his goods: The same Law of a man attainted of a Praemunire; contrary Law of a Villain, or of a man excommunicated.  
6. An Infant of the age of 16. years seized of Land deviseable, who may alien it by the custom, yet he cannot make a testament thereof; the same Law of his goods.  
7. An Infant maketh a will of his Land within age, and dyeth after that he cometh to full age, and maketh no revocation, this is not a good will.  
8. A man born deaf and dumb, may make a Will of his Land by signs.  
9 A woman seized 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 Lunatic being of a save memory, maketh his Will, and after becometh lunatic, and after recovereth a good understanding, and dyeth, this is not a good will.  
11. A woman inheretrix of full age taketh husband, who is under years marriageable the woman maketh a will of her Land, and dyeth before the age of the husband of 14. years, this is good.  
12. A man maketh his will, and willeth that I. S. who is within age, shall have the disposition of his Land, this is good; The same Law is where a woman Covert hath such Authority.  
13. The Husband and Wife are divorced by reason of a precontract, at the suit of the husband, the woman sueth an Appeal, the which depending, she maketh a will of her Land and dyeth, this is good.  
14. An Alien purchaseth Land in Fee, and maketh a Will, and after the King maketh him a Denizon, after he dyeth, this is good.  
15. A man speechless, lying at the point of death, may make a will by signs; the same Law of a person lunatic when he hath his memory.  
16. A man being of sound memory, maketh his Will, and before his death he becometh 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 Freeman, and maketh a Testament of this Land which is deviseable by the Custom, and before his death the Lord entereth, yet the Will is good.   

II.  
What shall be said a good and sufficient Testament, and what not; and what shall be a Revocation, and what not.  
1. A Testament nuncupative is not good for Land; the same Law of a Testament made in Print, or engraven in Stone, or Timber, or cut, if it were never written.  
2. A Testament bearing date at Antwerp in Brabant is not good, but if it want date this is good, if made after the 20. day of July, 1540  
3. A man maketh a Testament without naming any Executor, this is good for Land, but not for goods.  
4. A Testament for Land without insealing or subscribing, is good enough, so that it be put in writing in the life of the Testator, although that it be never proved before the Ordinary.  
5. A man maketh his Will in such form, Haecest voluntas & intentio A. B. etc. for the disposition of his Land, it is not good without saying, Vltima voluntas.  
6. A man saith to I. S. Inheritor, that if he will not make his will before such a day, that he will expel him from the Land with force, and for that menace he maketh his will, this is a good Testament.  
7. A man maketh a Testament of his Land in one County, and long time after maketh a Testament of his Land in another County, these are good.  
8. Two men severally seized of Land, make a joint Testament of their Land, this shall be good and several Testaments.  
9 A man is in making his Testament, and had devised a parcel 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 showeth not by whom; this is a good will, and shall be performed by his Executors or Administrators.  
11. A man maketh a Will of Land, in which he hath nothing, and after purchaseth the same Land, and dyeth, this is not a good Will.  
12. The same Law, if a man make a Will of his Land, and after aliens this Land in Fee, and after repurchaseth; this is not good.  
13. A Woman Covert maketh a Will of her Land, and after taketh husband, who hath issue, the husband dyeth, the wife dyeth, this is not a good Will.  
14. A man maketh a will, and after he maketh a new Will, and after in his bed dying, saith that the first Will shall be his last Will, this is good.  
15. A man maketh his Will in Writing, and after giveth divers Legacies to divers persons, and after by word he revoketh all but one; this is a good Revocation of all but that one.  
16. Before the Statute of 27. H. 8. A man maketh a Feoffment to the performance of his will and intent, the which will and intent is declared in a Schedule thereunto annexed upon the livery which is to the use of I. S. in fee, this cannot be revoked nor altered by his Last Will.  
17. Otherwise it is if the Feoffment was to perform his last Will which is declared ut supra, this may be altered and changed.  
18. A man giveth Land by his Will in Fee, and after by another Will he giveth the same Land to another but for term of life; this is a Revocation of the entire first Will.   

III.  
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 seized 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 successors, 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 sequel 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 Dean of Paul's, without naming his name of Baptism, this is good.  
5. Three Brothers are of one Father and Mother, the middle brother seized of Land deviseable, giveth this by his Testament Propinquiori fratri suo, it seemeth that none of them shall have it.  
6. A term of years is devised to the Churchwardens of the Church of D. and to their successors, this is not good; but for goods so devised the Law is contrary.  
7. A man who hath a term, deviseth the Land to one and his heirs, the devise dyeth, and hath Executors, his Heirs shall have the Land and not the Executors; contrary the Law is if the entire term were so devised.  
8. A Devise made Canonicis Ecclesiae Catholicae Pauli Lond. in perpetuum is a good devise to all the Canons jointly in Fee, and the survivor shall have the entierty; contrary the Law is of a devise made Civitati Lond. in perpetuum, the Corporation of the Mayor and Commonalty shall take by this devise.  
9 A man deviseth Land to one for term of life, the remainder over in Fee, the Devisee for life refuseth, yet he in the remainder may enter; but if the Will were that the Executors shall make a Lease for life, the remainder over in Fee, and they offer to make the Lease accordingly, and the Lessee refuseth, he in the remainder shall not have the remainder. quare 29. ass.  
10. A man willeth that his Executors shall sell his Lands for the payment of his debts, they all die but one, he maketh the sale, the Vendee shall not have the Land; contrary the Law if to the Executors to be sold.  
11. A man maketh two Executors, and willeth that they shall sell the Land for the payment of debts, and they sell it for term of life, the remainder to one of themselves, the Vendee dyeth, he in the remainder may enter.  
12. I. S. hath issue two sons, and dyeth, the elder hath issue a daughter who hath issue a son 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 son of I. S. shall have the Land, and not the son of the daughter; contrary it would be if the remainder were entailed 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 Travail dyeth, and the son is ripped from his mother alive, he shall have the remainder.  
14. A man deviseth Land to one for life, the remainder to the eldest son of the Devisor in Tail, the remainder over in Tail, the remainder in Fee to the son, he in the last remainder dyeth without issue, Devisee for life dyeth, the son shall take the Estate Taile, Volens nolens.  
15. A man deviseth his Land to Elinor the daughter of I. S. and I. S. hath divers daughters, whereof one is named Helen, and none Elinor, this is a good devise to Hellen.  
16. A man hath too Wive, and he deviseth his Land to his latter wife in Fee, the first wife shall have it.  
17 So if one hath two sons called I, and one of them is a bastard, and borne before marriage, and he makes a devise to his son I; the legitimate I shall have it and not the bastard.  
18. A man hath issue a son, and Land is devised to the Father, Habend. sibi & hared, de corpore suo legitime procreand. and after the Devisee hath issue another son, 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 
Ploughed. Comment 523. cited,  it, 21. R. 2.  
20. A man deviseth by his Will, that after the death of his wife the Land deviseable shall go 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 feoffs 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 Heir being a feme Covert, and to the Heirs of the woman, the reversion over in Fee, and dyeth, the husband refuseth to take by the devise, he in the remainder entereth, 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 seized of Land in Fee hath issue two sons and a daughter, the father deviseth the Land to his wife for term of life, the remainder propin vioribus 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 sons 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 Heir of the Devisor shall have the Land during the term, and not the Executor.   

iv  
What things may be devised.  
1. A Man seized of Land deviseable buildeth a House thereupon, the House is deviseable; the same Law of a Rend charge de Novo created.  
2. A man Disseisee of Land deviseable, deviseth to the Disseisor in Fee, in recompense of, a Release which the Disseisor made unto him, it is good.  
3. A man hath Land in right of his wife, and he granteth parcel of it to another, and after deviseth the residue to another, this is good.  
4. A man hath a Seignory 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 several persons, (that is) the Seignory to one, and the Tenancy to another.  
5. A Termor of Land which is not deviseable, erecteth a Furnace, and fixeth this in the midst of the House in the Land, he may devise their Furnace.  
6. A man seized of Land deviseable, deviseth totum statum suum to one and his Heirs, 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-tail, may devise the Corn although that the Land be not deviseable; contrary Law is of Trees.  
9 A man seized of a Mill, may devise the Runner stone, but not the under stone.  
10. A man hath a term for a 100 years, and he deviseth this to one for term of life, the remainder over to I. S. this is a void 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 tail cannot.  
12. The King is seized of a Borough where the Burgages are deviseable by Testament, the King purchaseth a Burgages in Fee, and granteth this to another in Fee, the Grantee cannot devise it.  
13. A man hath an annuity to him and his Heirs, he cannot devise this; otherwise if the annuity be granted to him for term of years.  
14. A man seized of a Manner in Fee deviseable, the King granteth to him a Warren in his demean Lands in Fee, the Grantee devise the this Warren it is not good.  
15. A man seized of a Common, granteth a Rent out of the Land, although that the Land be deviseable, yet the grant is void, and by consequence the devise.  
16. An Advowson in gross is not deviseable, nor any other thing which lieth not in Tenure, but a mesnalty or signory is deviseable, because they lie in Tenure.  
17. The Husband deviseth the Corn upon his Wife's Land, and dyeth, this is good, whether they were sowed before the marriage or after.   

V  
By what words and by what means 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 warranty of the Land sibi & haredibus suis, this is a good Fee-simple.  
3. Land is devised by Testament to a man by these words, To do with it at his pleasure, this is a good Fee-simple.  
4. Land is given to a man habendum sibi in feodo simplici, and livery made to him and his Heirs secundum formam & effectum Chartae, this maketh Fee-simple.  
5. A man bargaineth and selleth his Land to another without the word Heirs, and the Indenture is enrolled accordingly; this is Fee-simple.  
6. Land is given to one by Deed for term of life, and Livery and Seisin made to him and his Heirs secundum formam & effectum Chartae, this is not Fee-simple.  
7. The King giveth Land to a man habendum sibi & haeredibus suis masculis, he hath neither Fee, nor Fee-tail.  
8. A man seized in Fee-simple, grants totum statum suum to have to the Grantee and his Heirs, and maketh Livery according to the Deed, this is Fee-simple.  
9 A man levieth a fine sur Conusance de droit come ceo que il ad de son done, the Conusee hath Fee simple.  
10. A man grants a Rent out of his Land to one for life, and after the Grantor rehearsing, the first grant granteth the same Rent to the Grantee and his Heirs with clause of distress accordingly, the Grantee hath Fee-simple.  
11. Two Coparceners 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-simple in the rent.  
12. A man maketh a Feoffment with warranty for term of life of the Feoffee, he is impleaded and voucheth the Feoffer, who looseth and rendereth in value other land, he is seized 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 showing in certain 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 aid of the Husband and Wife, as of them in remainder; they join in aid gratis, and cannot bar 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 Manor to which a Villeyn is regardant is leased for years, the Lessee maketh Executors and dyeth, the Executors enter and obtain; the Villeyn who purchaseth Land in Fee, the Executors enter, they have not Fee-simple.  
18. Land is given in Tail to a villain, the Lord entereth, he hath not Fee-simple.  
19 A Disseisor infeoffeth the King by Deed enrolled, after the King reciting the ancient right of the Disseisee, grants the Land by Letters Patents to him habendum sibi & haeredibus suis masculis, he shall have Fee-simple.  
20. Tenant for life of a Seignory recovers in a Cessavit, he shall have the Land in Fee-simple.  
21. Tenant in Tail of an Advowson grants in Fee by fine, an Ancestor Collateral 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 Tail in the Church, and his Clerk in by six months, he had Fee-simple.  
22. Tenant in Taile infeosfeth his brother, recovery is had against him by erroneous judgement, the Tenant in Taile hath issue and dyeth, the issue within age, the brother dyeth without issue, the issue in Taile being his Heir within age, reverseth the judgement by error and enters, he hath Fee-simple.  
23. The same Law if Tenant in Taile infeoff his son within age and dyeth, and he aliens in Fee, and at full age recovereth in dum fuit infra atatem, he is seized in Fee-simple.  
24. Tenant in Taile the reversion to the King is desseised, the disseisor hath not Fee-simple.  
25. A man Committeth a Disseisin to the use of the Dean and Chapter of Paul's, 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 seized of an advowson in Fee, the Church becomes void, the Patron cometh to the Ordinary, and prayeth him to admit and institute him to the Church, and so he doth, the Ordinary hath not Fee-simple, so that he can devise it.  
28. Tenant for years, the remainder in Tail of a Manor join in a Fine of the Manor, without proclamations sur Conusance de dreit come ceo, etc. the Tenants attorn, the Tenant in Taile dyeth, the Conusee hath Fee-simple as well in the services as in the demesnes.  
29. Tenant in Tail of a Manor to which an Advowson is appendent, discontinueth the Manor cum pertinent, in Fee, and at the next avoidance, he presents and dyeth seized of the Advowson, his issue shall be said seized in Fee of the advowson. 5. H. 7. 35. b. Marmadukes' case.  
30. A man deviseth Land in perpetuum during the life of I. S. he hath not Fee-simple.  
31. A Lease is made to a woman for term of years upon condition, that if she have issue within the term, that she shall have Fee; the Lessor and Lessee intermarry and have issue within the term, and the Husband dyeth, the term expireth, the Wife continueth in, she is seized of the Fee-simple.  
32. A man seized of two Acres in Fee aliens, one of them by Deed and by the same Deed, he obligeth the other Acre to warrant, the first Acre to the Feoffee and his Heirs, the Feoffor aliens the other Acre, the first Feoffee is impleaded, and voucheth the second Feoffee, and demandeth the lien, whereupon he demurreth in Law.  
33. A villain purchaseth Land for term of life, the remainder to his son in Fee, who is a villain also to the same Lord, the Lord enters upon the Lessee, he is not seized of the remainder in Fee without Claim.  
34. Tenant in Taile infeoffs his eldest son within age, the son within age infeoffeth another, the father dyeth, the son at full age recovereth in dum fuit infra aetatem, he is seized in Fee-simple.  
35. Husband and Wife joint-tenants in Tail, make a Lease for life, the Husband dies, the Fee-simple descends to his son living the Wife.   

VI  
Who shall be said to have a sole estate in Fee-simple so that he may devise it, and who not.  
1. CEstuy que use before 27. H. 8. makes a Lease for life, the remainder to one of his Feoffees in Fee, he hath a sole Estate in Fee-simple.  
2. A man seized 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 Tail, he is sole seized in Fee-simple.  
4. A Disseisor maketh a Lease for years, the Termor infeoffeth two, the first Disseisee releaseth to one of them, he is not sole seized.  
5. The same Law if two gain a Patronage by usurpation by six Months, the rightful Patron releaseth to one of them, he is not sole seized.  
6. A Manor with an Advowson appendent descends to an Infant, an Estranger usurpeth, the Infant at his full age infeoffeth the Usurpor, and a stranger in Fee of the Manor cum pertinent. the Usurper is sole seized in Fee of the advowson.  
7. One joint-tenant releaseth to his Companion upon condition, the Releassee dyeth, his Heir enters, the condition is broken, and the Releassor enters claiming the moiety, the Heir shall not be said to be sole seized.  
8. Disseisor maketh a gift in Tail, 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 seized.  
9 Two Coparceners in Fee are impleaded, the one of them disclaimeth, the other is not sole seized; otherwise the Law is between joint-tenants.  
10. Before 27. H. 8. Cestuy que use entereth upon the Feoffees, and infeoffeth one of them, he is immediately sole seized 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 seized.  
12. A man seized in Fee hath issue two daughters bastards, and one daughter legitimate, the bastards enter, the daughter legitimate releaseth to one of them, she is not sole seized.  
13. Land is given to a man habend. sibi una cum Alicia daughter of the Donor in frank marriage, after they are divorced Causa praecontractus at the suit of the Husband, the Donor dyeth, the daughter is his Heir; she is sole seized.  
14. Disseisor makes a Lease for life, the remainder to the Husband and Wife in Fee, the Less dies, the Husband and Wise enter, the Disseisee reenters, the Husband ousteth him, claiming to him and his Wife; the Husband is sole seized, quare 14. H. 6.  
15. Land is given to Husband and Wife in Tail, the remainder to the right Heirs of the Wife, the Husband dyeth without issue, the Wife being privement ensenit, the Wife is sole seized 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 disclaims, the Tenant traverseth the point of the Writ, and it is found against the Demandant, yet the Demandant is sole seized of the Rent in Fee.  
17. Two Femes joint-tenants, the one takes Husband and hath issue and dyeth, the Husband claims the moiety by the Courtesy; the survivor shall be sole seized of the intirety.  
18. Feme Tenant in general Tail hath issue a daughter, and her Husband dyeth, she taketh a second Husband, and hath issue another daughter, the Husband and Wise by fine discontinue, and take back an Estate special Tail and die, the younger daughter enters to the use of herself and her sister, and she enters with her, and occupieth in Common, the younger daughter shall be sole seized of the one moiety in tail, and of the other moiety in Fee. Quaerae  
19 The King grants an Office to two in Fee, whereof the one is an Alien, the Denizen shall be sole seized.  
20. A man seized in Fee of a Villain in right of his wife, the Villain purchaseth land in Fee, the husband enters, he is not sole seized in Fee.  
21. A feme Inheretrix hath issue a daughter, her husband dyeth, she taketh a second husband, and hath issue another daughter, the husband and wife exchange the land of the wife for other land in Fee, and after the wife dyeth, and the husband dyeth, the daughters enter into the land taken in exchange, the younger shall be said sole seized.  
22. The husband maketh a Feoffment of the land of his wife upon condition that the Feoffee shall make an estate tail to the husband and wife, the Feoffee grants a rend charge out of the land, the Grantee recovereth against the Grantor in a Writ of annuity, the husband enters upon the Feoffee, claiming to him and his wife, he shall be sole seized.  
23. Two joint-tenants to them and to the heirs of one of them, he that hath but the freehold grants totum statum suum by deed to the other, he is sole seized of the intierty in Fee.  
24. Land in Gavel-kind holden of the King, who releaseth all his right in the Seignory to the Tenant, and he accepteth this release, and hath issue two sons, and dyeth, the sons enter, the elder shall be sole seized in Fee-simple.  
25. A feme sole maketh a feosfment upon condition to be performed on the part of the Feoff at a certain day, and before the day they intermarry, the day incurreth, the money not paid, the husband is sole seized.  
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 seized; otherwise if no use had been expressed.  
27. Before 27. H. 8. a man maketh a Feoffment to the use of himself and of that woman that shall be his first wife, and after he marrieth the Statute is made, the husband is sole seized of an estate in Fee-simple.  
28. The Father disseiseth one to the use of his son and a stranger, the Father dyeth, the son and the stranger agree to the disseisin and enter, the son is sole seized of the Fee-simple.  
29. A Feoffment is made to two by deed, with a Letter of Attorney to one of them, to deliver seisin, and he maketh livery to the other accordingly, he is not sole seized in Fee-simple.  
30. A man is disseised by a Feme sole and a stranger, the feme taketh Husband, the disseisee releaseth to the Husband and his heirs, he shall be sole seized in the right of his wife.  
31. Two disseisors make a gift in tail, the Disseisee releaseth to one of the disseisors, he shall not be sole seized of the Reversion.  
32. Lord and Feme tenant, she taketh husband, the Lord granteth the signory to the husband and his heirs, he shall be said to be sole seized 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 heirs of the husband, the wife dyeth, the husband shall not be said sole seized 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 seized of the Seignory immediately.  
35. The husband alone by Indenture alieneth the Land of the wife in Fee, rendering to the Feoffer and his wife a yearly rent in Fee, the husband sole shall not be said seized, but jointly with his wife.  
36. Before 27. H. 8. a man made a Feoffment with warranty to two, to the use of one of them, the Feoffees upon a voucher recover other land in value against the Feoffer, and after the Statute is made, the Feoffees shall be said sole seized to the use of him to whose use the first Feoffment was made.  
37. Before the Statute of Quia Emptores terrarum, a man seized of a Manor by descent of the part of the mother, maketh a Feoffment of part of the Demesnes of the Manor, and after dyeth without issue, his collateral heirs of the part of the father and mother claiming the Seignory, the heir of the part of the father shall be said sole seized of it.  
38. Two joint-tenants of a Villain, he purchaseth lands in Fee, and is disseised, one joint-tenant enters upon the disseifor in the name of himself and his companion, he is not sole feised of the Fee simple.  
39 The Husband inseoffeth a stranger before 27. H 8. to the use of himself and his wife in Fee, the Statute is made, the husband and wife are joint-tenants.  
40. A man seized of Land in Gavel-kind, maketh a lease for life, the remainder to the right heirs of I. S. who hath issue two sons, and dyeth, the leasee for life dyeth, the sons enter, the elder shall be said sole seized.  
41. The husband maketh a Lease of his wife's land for life of the husband, the Leasee maketh a Feoffment, the husband enters for a forfeiture, he is sole seized of the Fee-simple.  
42. A man hath issue two daughters, the one being a Bastard, she enters into the whole, and is impleaded, and recovereth in value upon a Voucher as heir to the father, the other sister enters in common, she shall be said sole seized.  
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 seized.  
44. Two joint-tenants, one within age, are disseised by the father of the infant, and the father dies seized, the Infant enters, and the other occupieth in common with him, the Infant is sole seized.  
45. Two joint-tenants in Fee, the one bargains and sells by Indenture all his part, and before the enrolment the other dyeth, and the Indenture is enrolled within the six months, the other moiety shall descend.   

VII.  
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 courtesy of land in Gavel-kind, hath issue two sons, and aliens with warranty, and dyeth seized of assets in Fee-simple, the one son being within age, both the sons enter upon the Alience, they are Tenants in Common.  
2. Before Quia Empteres Terrarum, a man giveth part of his Manor to an Abbor and Covent, to hold of him as of his Manor in Frankalmeigne, and after he granteth the Manor by Fine, the Grantee hath issue two daughters and dyeth, the Abbey is dissolved, the daughters enter, They are joint-tenants.  
3. A Lease is made to I. S. and I. N. habendum to I. S. during the life of I. N. Et habendum to I. N. during the life of I. S. the leasor confirmeth their estates in Fee, they are Tenants in Common.  
4. A man hath issue two daughters, and maketh a Lease to them for term of their lives, the Father dyeth, the daughters are seized in Fee in Coparoenary.  
5. Land is given to husband and wife, and to a third person, and to the heirs of the husband, and the third person releaseth to the husband and wife, and to the heirs of the wife, the husband and wife are not joint-tenants, nor Tenants in Common of the Fee-simple, but the husband himself is sole seized in Fee.  
6. Two joint-tenants of a Manor, the one releaseth to the other all his right in the services of the Manor, and the Releasor dyeth, the other maketh a Feoffment of the Manor, he shall be Tenant in Common of the services with the Feoffee.  
7. A man maketh a Feoffment of Land in Gavel-kind with warranty to the Feoffee and his heirs, the Feoffee hath issue three sons, and dyeth, they enter, and are impleaded, and vouch the Feoffer, and recover in value, they are Joint tenants of the land recovered in value, if it be land at the Common Law,  
8. A man hath issue two daughters, and the elder of them holdeth certain land of the Father by iiij. d. the father dyeth, the younger sister shall be presently seized without any partition of ij. d.  
9 Two Coparceners of a Villain, the Villain purchaseth land in Fee, the Coparceners enter together, they are Joint-tenants, and not Coparceners.  
10. Two Coparceners, the one within age, make partition and the part of the Infant is the lesser, the Infant aliens her part, and after enters upon her Coparcener in Common, and she enters upon the Feoffee of the Infant in Common, the Feoffee and she are of that part tenants in Common, and of the other part she and the Infant are Coparceners.  
11. Two Joint-tenants in Fee-simple make partition at this day without Deed, they are Joint-tenants as before.  
12. Two Joint-tenants by Deed make such partition (that is) that the one them shall have the one moiety to him and his heirs, and the other shall have the other moiety to him and his heirs without any meats 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 seized of a third part of the land in four 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 heirs, and the other acre to the other and his heirs, they are Joint-tenants.  
16. Two joint Lords and Tenant are by Fealty and xij. d. the one of them releaseth to the Tenant all his right in the Land, saving one penny and fealty, the Lords are not joint-tenants.  
17. The Leasor grants his reversion to the Leasee for term of life and to a stranger, Habendum illis & haeredibus suis, they are Tenants in Common; otherwise it is where the Donor grants the Reversion to the Donee, and to a stranger in Fee, they are joint-tenants of the Fee.  
18. The Leasor and a stranger disseisee the Leasee they are Tenants in Common of the Fee-simple.  
19 Two joint-tenants, one within age, make a lease for life, he of full age dyeth, the Infant at full age bringeth a Dum fuit infra aetatem of the whole, and recovers, the Leasee dyeth, the Infant enters into the whole, the heir of the other who was of full age enters in Common, they are seized in Fee simple in Common.  
20. A Lease is made for life, the remainder over for life, the Leasor releaseth all his right to them in Fee, they are Joint-tenants of the Fee.  
21. Two Joint tenants are disseised, the Ancestor collateral of one releaseth to the disseisor with warranty and dyeth; the heir upon whom the warranty descended dyeth; the other who survives, and the disseisor, are Tenants in Common.  
22. Three Coparceners are agreed to make partition, so that the one hath a several 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 several part to the others in Fee; they are Coparceners of the rent.  
23. A Lease is made to a man and a feme sole upon condition, that if they pay to the Leasor 10. l. at such a day, that they shall have Fee, they intermarry, and after perform the condition, the husband aliens the whole, and dyeth, the wife enters by the new Statute, she shall be Tenant in Common with the Feoffee.  
24. A man maketh a Lease for life, and hath issue two daughters, and dyeth, the Leasee makes waste, the one of the daughters hath issue, and dyeth, the issue and the other bring a Writ of waste, and recover, and enter, they are Coparceners as well of the  as of the Fee.  
25. Land descends to two sisters from one father, who are of the half blood, and they enter, and endow 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 son by one venture and two daughters by another venture, whereof the one is within age, their Uncle of the part of the father is disseised upon whose possession, the son releaseth with warranty in Fee, and dyeth, the Uncle dyeth, the two daughters enter upon the disseisor, they are Coparceners.  
27. A Lease is made to two for term of their lives, and to the longer liver of them, they make partition by Deed, and after they cancel 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 seized of three Manors of equal value, and make a Feoffment of two of them to two other men, and the one warrants the one Manor to one, and the other to the other, and after the Feoffees are impleaded, and they vouch severally the Feoffers, and recover the third Manor in value, for that they cannot bar the demandant; they shall be several Tenants of this Manor.  
29. Land is given to two, Habendum eyes, that is to say, to the one of them in tail, and to the other in fee, he 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 Villains purchase Land jointly in Fee and I. S. and I. D. enter into it together, they are Tenants in Common.   

VIII.  
What Devises of Reversions or Remainders, or of Rents, or incidents to Reversions or Remainders shall be 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 claimeth Fee, whereupon they are at issue, and after before the trial, the Lessee waveth his plea, and confesseth etc. the Conusee enters upon him, and he reenters, 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 disturb the Lessee within the term that the Lessee shall have Fee, and maketh Livery accordingly, the Lessor disturbeth the Lessee for Rent where none is arrear and after he deviseth his reversion; this is not good.  
5. Bastard eigne enters after the death of the Ancest our, and Assigns Dower to the mother, and dyeth seized of the reversion, and hath issue, the Mulier puisne deviseth the reversion of the Tenant in Dower; this is good.  
6. A Lease is made for life, the remainder over in Fee, reserving Rend by Indenture, and for default of payment, that it shall be lawful to the Lessor to enter, and detain during the life of the Lessee, he reenters for the Rend arrear, he in the remainder deviseth the remainder; this is not good.  
7. A Seignory is granted for life, the remainder over in Fee, the Tenant attorns, after the Tenant is attainted of Felony and hanged, the Grantee for life enters not into the Land, he in the remainder deviseth his remainder of the Land; this is not good.  
8. A man seized of a Rent, makes a Deed reciting that whereas I. S. holdeth the said Rend of his Grant for term of life, he grants the Reversion of the said Rend after the decease of I. S. to the Grantee and his Heirs in Fee, and in truth I. S. had nothing in the Rent, the Grantee deviseth this Rent; this is not good.  
9 A man maketh a Lease of two Acres, reserving Rend, 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 entire Land.  
12. Land is given to one for life, & quod post ejus mortem terra praedicta shall descend to I. S. in Fee, he may devise this remainder.  
13. The Husband endoweth his Wife ad ostium Ecclesiae, and after is attainted of Felony, and dyeth, the Wife enters, the Lord of whom the Land is holden deviseth the Reversion; this is not good.  
14. Seignioresse and Tenant, the Tenant makes a Lease for four years, if the Seignioresse so long shall live, the Termor marryeth with the Seignioresse, and they have issue, the Wife dyeth, the Husband continueth in the Services claiming by the Courtesy, the issue deviseth this Reversion of the Seignory; this is good.  
15. A Lease is made for life, the Remainder in Fee to the Wife of the Devisor, she surviveth and deviseth his Remainder; this is good.  
16. A Lease is made dummodo solverit to the Leasor for the life of the Leasor 10. l. the Leasor diviseth the Reversion with the Rent; this is good.  
17. An Ancestor Collateral of the Disseisee, releases to the Disseisor with warranty, and before the death of the Ancestor, the Disseisor makes a Lease for life, and after the warranty descendeth upon the Disseisee, he enters, the Leasee re enters, the Disseisor deviseth his Reversion; this is good.  
18. A Lease is made to an Infant or Feme sole for life, the Remainder in Fee, the Infant at his full age, or the Feme after Coventure disagree, he in the Remainder deviseth his Remainder; this is good.  
19 A man seized of two Acres in several 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 Ancestor 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 Rend 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 seized of two Acres, the one at the Common Law, the other in Borough English maketh a Lease of both, rendering a horse and hath issue two sons, 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 son, the Lord of the Villain claimeth the Reversion, the Lord of the Land deviseth it; this is not good.  
24. Leasee for life maketh a Lease to the Leasor for years the Leasor makes a Feoffment in Fee, the Leasee enters, the Leasor deviseth the Reversion; this is good.  
25. An Infant maketh a Lease for life, the Leasee grants his Estate over with warranty, the Infant at his full age bringeth a dum fuit infra aetutem against the Grantee, who voucheth his Grantor, who enters into the warranty, upon whose possession the Demandant releaseth in Fee all his right, and is barred in the action by this release, and after he deviseth his Reversion; this is a good devise.  
26. A Lease for term of 100 years is made to a Bishop and his Successors, he maketh a Lease for life, rendering Rend to him and his Successors, and after he deviseth the Reversion with the Rent in Fee, this is good for the Reversion, but not for the Rent.  
27. A Mayor and Commonalty, have a Corporation to purchase Land for the life of I. S. and so they do, 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 Tail, reserving Rend, the Grantor deviseth this Rent in the life of the Leasee, this is good, and if the Leasee surrender to the Grantee, the Devisee may distrain presently in the life of the Leasee.  
29. Tenant for life makes a Lease for years, rendering Rend, 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 son, and after disseiseth his son, and dyeth seized, the son enters, the Disseisee deviseth the Reversion; this is void.  
32. The Husband maketh a Lease for life to the Daughter and Heir apparent of his Wife being Covert rendering Rend, the Wife mother dyeth, the Husband deviseth the Rent; this is void.  
33. A man hath issue two sons, and they bring a Writ of Covenant against the Father of two Acres, and they acknowledge the right to the Father, and he grants and renders to them, that is one moiety to the one, and the other moiety to the other; this is good.  
34. A man maketh a Lease for life, reserving Rend 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 Assigns.  
35. A Lease is made to I. S. for the term of life of I. N. the remainder to the same I. N. for term of life of the said I. S. I. N. in Remainder releaseth all his right to the said I. S. and dyeth, the Leasor deviseth the Reversion; this is good.  
36. A man who hath a Reversion, deviseth this by the name of all his Inheritance or Herediments in D. this is good.  
37. Leasee for term of 10. years, maketh a Lease over for term of 40. years, the Leasor confirmeth the Estate, reserving a Rent to him and his Heirs, and after by his Will he deviseth the Rent in Fee; this is good after the 10. years, and not before.   

IX.  
What shall be said a Gift or Disposition lawfully executed in the life of the Donor, and what not.  
1. TEnant in Fee-simple by Service of Chivalry upon the marriage of his second son, covenants by Indenture at this day, that he will stand seized to the use of the son 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 seized, and without enrolment of the Indenture, this is a gift lawfully executed.  
2. The younger son brings a Quod ei deforciat against the father, supposing a gift in Tail 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 Tail, and before attornment the one dyeth, the Leasee attorneth to the Survivor, this is good for the wholeduring the life of the Survivor, and after his decease but for the moiety.  
4. Tenant by the Courtesy of a Seignory by service of Chivalry, the Heir grants two parts of it, and the Tenant by the Courtesy attornes in the life of the Grantor, this is not good but during the life of the Tenant by the Courtesy.  
5. A man granteth the Reversion of his Tenant for life, if the Grantee happens to survive the Grantor, and the Tenant attorneth, this is good if the Grantor die first.  
6. The Father seized of Land in Fee, hath issue two sons, and they bring a Writ of Covenant against the father of the same Land, and he grants and renders by Fine the one moiety to one in Tail, and the other moiety 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 sons 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 enfeoff him of her Land if he will marry her, and after she giveth the Land to him in Tail by Deed, and after he marryeth her, this is well executed, and he shall have Fee-simple.  
9 A man maketh a gift in Tail to one of his sons by Deed with a Letter of Attorney, and the Attorney maketh Livery by Dures and Menace made by the Donee; this is lawfully executed.  
10. A man maketh a Feoffment with a Letter of Attorney conjunctim & divisim to three, and two of them make Livery in presence of the third, this is not well executed.  
11. A man granteth a Reversion to another, and delivereth the Deed to the particular Tenant, as an escrow upon condition that if the Grantee do such a thing, that then he shall deliver it as his Deed, the particular Tenant attorneth to the Grantee, the Grantor dyeth, the condition is performed and he delivereth the Deed, this is not well executed.  
12. The Leasor disseiseth his Leasee, and maketh a Feoffment in Fee, and maketh a Letter of Attorney to the Leasee to make Livery, who doth it accordingly, the Fee-simple is well executed in the Feoffee.  
13. A man granteth a Reversion, and before attornment, the Grantor becometh 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 son, and the son assigneth the Land of his father to his wife ad ostium Ecclesiae ex assensu patris, and after the son dyeth, and also the Father dyeth, his wife with child with a son, the son 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 seized of a Manor, to which an Advowson is appendent, maketh a Feoffement of one Acre with the Advowson, and maketh Livery of the whole, yet without Deed, the gift is not well executed.  
17. A Lease is made for life, the Remainder over for life, the Remainder to the right Heirs of the Leassee for life, he grants his Remainder, this is well executed without any Attornment.  
18. A man grants his Reversion in Fee, and before Attornment he commits Felony, after which the Tenant attorneth, and after the Grantor is attainted by verdict, the Grant is well executed in the Grantee.  
19 A Leasee for life maketh a Lease for years to the Leasor, and after the Leasor maketh a Feoffment in Fee, and the Leasee enters upon the Feoffee, this gift is not lawfully executed for the Fee-simple in the life of the Donor.  
20. Three joint-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 seized 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 Tail 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 Tail to the younger son of the Feoffer and his wife, and the one of the Feoffees maketh the gift; this is not well executed, but that the Feoffor may re-enter into the whole.  
24. A man maketh a Deed of Feoffment with a Letter of Attorney, to make an Estate to John S. Knight, and in truth he is not a Knight, and after he is made a Knight, and then the Attorney maketh Livery to him secundum formam Chartae; this is well executed.  
25. A man maketh a Deed of Feoffment to one, and cometh within the view of the Land, and saith unto him, go and enter into the same Land, and hold it to you according to his Deed, and delivers it, and in going to the Land the Feoffee dyeth; this is not well executed in the life of the Feoffor.  
26. An Infant maketh an assurance by Fine, and within age bringeth a Writ of Error 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 seized to the use of the Feoffer, until one of the sons of the Feoffer marrieth with A. S. the daughter of I. S. and when he doth marry the said A. that then he shall be seized to the use of the said son and A. in tail, and after they intermarry; this is a good estate tail executed.  
28. A. is seized in Fee of Whiteacre, and B. also seized in Fee of Blackacre in one County, and they are agreed to make an exchange by parole, A. enters into Blackacre, and maketh livery to B. of Whiteacre, and B. dyeth; this is not well executed.  
29. The heir 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 tail to his younger son; this is not lawfully execured.  
30. Land is given to two men in tail, the remainder to the survivor of them in fee, they both join 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 Seignory to the Leasee in fee, the Leasor attorneth, the Leasee granteth over the Seignory in fee, and the Leasor attornes and pays rend to the Grantee, the Grantor dies, this is not good.  
32. A man hath a rent-service, and a stranger claiming the rent as Lord, obtains 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 that at what time that the Donor shall purchase Rend of 20. s. per annum, that then the Donee shall have Fee, and the Donor is joint-tenant wirh another of the yearly Rent of 40. s. and he obtains a release from him, the Donee hath not the Fee-simple well executed.  
34. He in Reversion suffereth a common recovery against him, and dyeth before the Leasee, this is not well executed.  
35. Tenant in Tail to him and to his Heirs Males, the Remainder to his Heirs Females, he maketh a Lease for life and dyeth, his issue Male releaseth to the Leasee in Fee with warranty, and he hath issue a Daughter, and dies without leaving assets; this is well executed for ever, and no remedy for the Daughter.  
36. A man seized of a Rent, exchangeth the Rent by Deed with another who is seized of two Manors, for the one of them at the election of him who hath the Rent, and he entereth into one of the Manors, and the Tenant of the Land attorneth to the Grantee of the Rent in the life of the Grantor, this is well executed.   

Of Tenors. X.  
What shall be said a Tenure in chief of the King, and what not, and what shall be said a Tenure by Knight's 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 Chief by Knight's Service.  
2. The same Law, if he give Land to hold of him as of his Crown of England.  
3. The King makes a gift in Fee, To have and to hold, sibi & heredibus adeo libere prout aliquis Tenere potest, & absque aliquo reddendo seu faciendo, this is Tenure in chief by Knight's Service.  
4. The King makes a gift of Land, parcel of his Duchy 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 Manor, and the King granteth licence to his Tenant to enfeoff 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 Manor, and the King releaseth all his right to the Tenant, and he accepteth the release, he shall hold of the King in Capite.  
7. A man holdeth Land of the King, as of a Manor, and hath a clause of warranty, with recompense from the King, and he is is impleaded of the Land, and by aid prior recovereth in value, he shall hold this in Capite of the King.  
8. The King is seized of a Manor, and one of the Tenements escheateth to the King, and he enters and maketh a gift in Fee thereof, he shall not hold in Capite; otherwise it is, if it came for treason.  
9 The King seizeth the Temporalties of a Bishop, and one of the Tenants committeth Felony and is attainted, the King seizeth 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 entereth for Mortmain after the year and the day in default of the mesne Lord and Aliens 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 do 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 & post, us mortem, as of such a Manor; 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 enrolled, the Tenant shall not hold of the King in Chief; the same Law is if the Seignory 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 mesnalty is a Manor and Seignory, also the King grants to the Lord all forfeitures of his Tenants, and after the Lord Grantee is attainted of treason, and after the Mesne is attainted of treason, the Tenant shall not hold in Chief.  
15. If a Signiory in gross 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 estoppel.  
17. The King, Lord, Mesne, and Tenant, the Tenant makes a gift in I ail to the Mesne, tenendum de Capitali Domino, the Mesualty is holden in Chief as before.  
18. A man holdeth a Manor of the King, to which a Villain is regardant in Chief, and he by Licence of the King aliens the Manor, except the Villain, the Feoffor shall not hold the Villain in Chief; otherwise it is of an advowson appendent.  
19 The King seized of a Manor, 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 Tail to hold in Capite, and after grants the Reversion in Fee, to the same Donee to hold in equality, he shall hold by two Tenors.   

XI.  
Of grand Serjeanty and Knight's Service.  
1. EVery grand Serjeanty implieth Knight's Service, sed non è contra, for it is the most noble and great Service that can be done, for it is a personal 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 War, 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 Greyhound or to bear his bow when he goeth in hunting, this is grand Serjeanty, but if it be to find to the King a couple of hounds evety year, this is pettite Serjeanty.  
5. The King gives Land tenendum per fidelitatem, and rendering 10. s. this shall be Tenure in Chivalry, if the Patent be not pro omnibus servitiis, etc.  
6. The King gives Land ad inveniendum custodem Parci de Greenwich, this is not grand Serjeanty.  
7. The King gives Land to find 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 Knight's Fee; the same Law to hold by the keeping of the Castle of B. or by Cornage of the Marches of Scotland or else where.  
11. Otherwise it is, if it be to pay 20. s. for the keeping of a Castle or for Escuage or for Cornage, this is but Socage.  
12. A man who holdeth by Knight Service before the said Statute maketh a Feoffment, to hold by 6. d. & quod de illis debet solvi scutagium cum etc. 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 annual Service, it is but Socage.  
14. A man maketh a Feoffment in Fee, to hold by one penny pro omnibus servitiis salvo servitio regali, this was Tenure in Chivalry; the same Law if it be salvo scutagio Domino Regi quando currerit.  
15. Lord Mesne and Tenant, the Mesne holdeth of the Lord by Knight Service, and the Tenant of the Mesne by Socage, and before the said Statute maketh a Feoffment to hold by 6. d. pro omnibus servitiis salvo forinseco servitio, this is not Tenure in Chivalry.  
16. A man holdeth at this day by Knight Service, and maketh a gift in Tail reddendo sibi & haeredibus 1. d. pro omnibus servitiis & faciendo Capitaeli Domino for the Donor, and his heirs servitium debitum, this is Knight Service; but if he were Tenant in Fee by Knight Service, and before the Statute he had enfeoffed another faciendum Capitali Domino, for the Feoffer and his Heirs, 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 infeoff 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 chief Lord, this is a good Tenure of either of them at the election of the Feoffee.  
19 Lord, Mesne, and Tenant, the Tenant infeoffs a stranger to hold off the Lord Paramount, yet he shall hold off the Feoffer, and not of the Lord, nor of the Mesne.  
20. The Lord in Socage encroacheth Knight Service, this doth not make a Tenure by Knight Service, although that the Seizin hath been by prescription.  
21. A man holdeth by Knight Service and was disseised, and before the Statute, he releaseth all his right to the Disseisor without reserving any Tenure he should have held of the Releasor by Chivalry, quaere.  
22. Two joint-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 moiety of the other by Chivalry.   

XII.  
Where the Heir 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 deceased, the Diseasor maketh a gift in Tail, the Donee dyeth seized, and his issue enters, the Desseisee dies, 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 joint-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, rendering 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 Knight's 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 Son, the Grandfather holdeth by Knight's Service, and maketh a gift in Tail to the Father and dies, the Father dies, the son within age, he shall be in Ward, for the body, but not for the Land.  
9 A man hath issue a daughter by his Wife, and the Wife dies, Knight Service Land descendeth to the issue being within age, the Land shall be in Ward until the issue come to the age of fourteen 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 Tail, to hold off the stranger by Knight Service and dies, his Heir within age, he shall be in Ward to the Lord for the body and Land.  
12. A man maketh a Feoffment in Fee to the use of a stranger in Tail, 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 intermarry and have issue, the Tenant dies, his issue within age, he shall be in Ward for the body and Land.  
14. Lord Mesne, and Tenant before 27. H. 8. by Knight Service, the Tenant makes a Feoffment to the use of the Mesne in Tail without saying more, after the Statue is made the Mesne dyeth, his Heir within age, he shall be in Ward for his body to the Lord Paramount, and for the Land to the Tenant who made the Feoffment.  
15. A Villain Tenant by Chivalry hath issue and dyeth, the issue within age, the Lord shall have the Ward of the Land, and the Lord of the Villain of the body.  
16. Lord and Feme Jenanx, the Tenant taketh Husband, who hath a son by another Wife, and hath issue also by his second Wife, and surviveth the Wife, and holdeth by the Courtesy the Heir 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 Seignory for life, the Remainder to the Tenant and to a Stranger in Fee, the Tenant attorns and after dyeth, his Heir within age, he shall not be in Ward for the body, nor for the land.  
18. Lord and Tenant by Knight Service, and the Tenant maketh a Feoffment upon condition, the condition is broken, the Feoffor dyeth, his Heir within age, the Heirenters for the condition broken, he shall be in Ward.  
19 The Tenant marrieth his son infra annos nubiles, and dyeth, and at the age of Consent he disagreeth, he shall be in Ward; the same Law if he be married 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 Seignory in Chivalry is granted in Fee upon condition to be performed of the part of the Grantor, the Tenant attorneth, the condition is performed, and after the Tenant dyeth, his Heir within age, the Lord claimeth the Seignory for the condition performed, the Heir shall not be in Ward to the Grantor, nor Grantee.  
21. Tenant in Tail in Chivalry levies a Fine with proclamations in Fee, and dyeth, his issue within age, his body shall be in Ward.  
22. Tenant in Taile is disseised, and levyeth a Fine sur Conuzans de driot tantum to the Disseisor with proclamation, and dyeth within the year, his issue within age, he shall be in Ward for the body and land.  
23. A Seignory descendeth of the part of the Father in Fee, and the Tenancy descendeth on the part of the Mother, the son dyeth without issue, the Heir of the part of the Mother within age, he shall not be in Ward to the Heir of the part of the Father.  
24. A man holdeth of a Lord by Priority, and of the King as of a Manor by Posteriority, the King grants the Manor in Fee, the Tenant dies, his Heir within age, the Lord by Priority shall have the body and land of him holden, and the Grantee of the King, but the other land.  
25. The Tenant hath issue a son, who is made a Knight within age, and his Father dyeth, his body shall be out of Ward.  
26. The Tenant infeoffeth his son and Heir apparent within age, the Lord, accepteth homage of him, the Father dyeth, he shall be out of Ward.  
27. Lord, Mesne and Tenant, the Tenant holdeth of the Mesne by Priority, who holdeth over of the Lord by Priority, and the Tenant holdeth of another by Posteriority, the Tenant forjudgeth the Mesne, and dyeth, his Heir within age, he shall be in Ward for his body to the Lord Paramount.  
28. The Tenant being within age, or of non sane memory 
See the first part of the Institutes, 76. b.  maketh a Feoffment and dyeth, and the Heir within age recovereth by dum non fuit compos mentis, or dum fuit infra aetatem, and enters, he shall not be in Ward; otherwise if the Heir recovers in an assize of Mortdaxicester against the Abator, and enters, he shall be in Ward.  
29. The issue in Tail 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 Tail to the eldest son, and after the Father dyeth, the son 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 infeoff the Heir at full age, and dyeth, the Feoffee infeoffeth another bona fide, yet the body and land shall be in Ward.  
33. The Heir apparent is retained in Service in the life of his Father, who dyeth seized, the Heir shall be in Ward for the body and land.  
34. Tenant in Chivalry maketh a Lease for life, the Remainder over in Tail, the Leassee is disseised, the Donor releaseth to him in the Remainder in Fee, he in the Remainder entereth upon the Disseisor upon whose possession the Leassee for life releaseth his right, & after he dyeth, leaving the Leassee his issue within age, he shall be in Ward to the Donor for body and land.  
35. Grandfather, Father, and Son, 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 son within age, and this is found by office, the King shall have the Wardship of the land in use by his Prerogative.  
36. The Tenant maketh a Feoffment by Collusion to defraud his Lord, etc. and after the Tenant purchaseth land which is holden of the King in Capite, and dyeth, his Heir within age, the King shall have the Wardship of the body and of all the land.  
37. Grandfather, Father, and son within age, the Father disseiseth the Grandfather, and maketh a Feoffment and dyeth, the Grandfather dyeth, the son shall be in Ward for body and land; otherwise, if the Father survive the Grandfather.  
38. Lord, Mesne, and Tenant by Knight Service, the Tenant dyeth, his Heir within age, the Mesne seizeth the Ward, and granteth it over, and after the Mesne dyeth, the said Heir being also his Heir, the Mesnalty only shall be in Ward to the Lord.  
39 Land is given to the Father and son for term of their lives, the Remainder to the right Heirs of the Father, who dyeth, the son shall be in Ward for the body, but not for the Land, Quaere.   

XIII.  
Where a Will made of all the Land holden by Knight Service shall be good, and where not: And where a Will made of all the Socage Land shall be good for two parts, and where otherwise.  
1. A Man seized of three Manors of equal value, the one holden of the King by Knight Service in chief, the others holden of other two Lords by Knight Service; he deviseth the two entire Manors, reserving the Manor holden of the King: this is good for the whole; quaere the fourth Article of the Statute of 32. and quaere the seventh Article of the Act of Explanation if it be not otherwise declared, that is, two parts of every Manor.  
2. A man seized 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 seized 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 seized in Fee in Socage, deviseth the moiety thereof only, this is good; the same Law of a devise of a third or fourth part of Knight Service Land.  
5. Lord, Mesne, and Tenant, and each holdeth of the other by homage, fealty and a hawk; and the Mesne deviseth two parts of his Mesnalty, this is void.  
6. A man holdeth in Chivalry a Manor, to which an Advowson is appendent, and deviseth two parts of his Manor una cum advocatione; this is void for the Advowson.  
7. A man holdeth Land in Socage, and after confesseth in Court of Record, where it is found by office, that the Land is holden by Knight Service, and after maketh a devise of the whole Land; this is good.  
8. Lord, Mesne, and Tenant, the Tenant holdeth of the Mesne by Knight Service, and he over in Socage, the Mesne granteth the Mesnalty to the wife of the Tenant and to her heirs, the husband deviseth the whole Land and dyeth, this is good for the whole.  
9 Lord, Mesne, and Tenant, the Tenant holdeth of the Mesne by Knight Service, and he over in Socage, the Mesne grants his Mesnalty to a stranger for the life of the Tenant, the Remainder to the right heirs of the Tenant, he declareth his Will of the whole; this is good.  
10. Lord, Mesne, and Feme Tenant ut supra, the Feme taketh husband, the Mesne releaseth to the husband and his heirs, 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 Tail to hold by Socage, the tenant in tail 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 reenters, and dyeth, this is good for the whole.  
13. Grandfather, father, and son, Lord, Mesne, and tenant by Knight Service, and the Grandfather holdeth over in Socage, the son declareth his Will of the whole, and after the Grandfather dyeth, and the son dyeth; this is a good Will for the whole.  
14. Lord, Mesne, and tenant, the tenant holdeth in Socage, and he over in Chivalry, the Tenant declareth his Will of the whole, and after is disseised by the Mesne who maketh a Feoffment, the Disseisee reenters, and dyeth, this is not good, but for two parts.  
15. A man holdeth land in two Towns of a man by Knight Service, and he holds over in Socage, the land in one Town of I. S. and in the other Town of another stranger, the tenant maketh his Will of the whole in both the Towns, and after the stranger distraineth by I. S. for the Services in the one Town, and bringeth a Writ of Mesne against his Lord, and forejudgeth the Mesne, and dyeth; this is good for the whole in the said Town, whereof the forejudger was, and of the two parts of the other.  
16. Lord, Mesne, and tenant, the tenant holdeth by Socage, the Mesne by Knight Service, the tenant declareth his Will of the whole, the Mesne dyeth, the tenant is his heir and dyeth, this is good but for two parts.  
17. The King giveth Land in Fee Tenendum during the life of the Donee by Socage, and after his decease by Chivalry, the Donee maketh his Will of the whole and dyeth, this is good but for two parts.  
18. The son holdeth of the Father by Chivalry, and he over by Socage, the Father disseiseth the son, and declareth his Will (that i,) that the Land shall be sold by the Executors, and dyeth, the Will is void for all.  
19 A man declareth of his Socage Land, his Will in this form, that is, he giveth it to I. S. and his heirs for ever, provided that he shall not give or devise it by his Will, and if he doth that, than this Will shall be void, and dyeth, the Devisee giveth the whole, this is void.  
20. The Tenant in Chivalry deviseth the whole by his Will, and after the Lord confirmeth his Estate to hold in Socage during his life, the Devisor dyeth, this is not good, but for two parts.  
21. Lord, two Mesnes, and tenant, the higher Mesne holdeth by Socage, and every one of the others paravaile hold by Knight Service, the tenant deviseth the whole Land, the higher Mesne releaseth to him all his right, the Tenant dyeth, this is good for the whole.  
22. Tenant of a Manor in Ancient Demesne, which is holden by Knight's Service, deviseth the whole by his Will, and after levieth a Fine at the Common Law sur Conizance de droyt come ceo, etc. to his own use, & after dyeth, this is good for the whole.  
23. Tenant in Socage, where by the custom, the wife is dowable of the moiety, hath issue two sons by divers ventures and dyeth, the eldest son enters and deviseth the whole and dyeth without issue, the wife enters into the moiety, this is good for the whole moiety presently, and for the reversion of the Dower.  
24. A man holdeth in Socage, and maketh a gift in tail to hold by Knight Service, the Donee deviseth the whole Land, and after he bringeth a Writ of Mesne against the Donor, supposing that he is distreined for fealty by the Lord Paramount, and the Donee disclaimeth in the Seignory and in the reversion, the Donee dyeth, this is good for the whole of the reversion in Fee-simple after the tail expired.  
25. Lord, two Coparceners Mesnes, and tenant, holdeth in Chivalry, the Mesne in Socage, the tenant enfeoffeth one of the Mesnes, she maketh a Will of the whole Land and dyeth, this is good for the moiety for two parts of the other moiety.  
26. Lord, Mesne, and tenant ut supra, the Mesne and a stranger disseise the tenants, and make a Feoffment, the Disseisee reenters and deviseth the whole, this is good.  
27. Lord, Mesne and tenant, the tenant in Chivalry, and the over in socage, the Mesne hath issue two daughters, the one purchaseth the Seignory, the other the tenancy, and deviseth it entirely, the Mesne dies, the Devisor dyeth, for the one moiety this is good, for the two parts of the other moiety.  
28. Lord, Mesne, and Bishop tenant, each holdeth of the other by Chivalry, the Mesne releaseth to the Bishop all his right in the Seignory, and also in the tenancy to hold of him in franckalmoign, the Bishop maketh a Feoffment, the Feoffee deviseth the whole, this is good.  
29. The Mesne holdeth in Chivalry, and he over in socage, the Mesne releaseth to the tenant, and his heirs all his right in the Land, upon condition that if the tenant die without issue the Release shall be void, the tenant deviseth the whole and dies without issue, this is not good, but for two parts.  
30. The Mesne holdeth ut supra, and he over in Socage, a stranger getteth seisin of escuage, homage and fealty by the hands of the Tenant, upon whose possession the Mesne Releaseth, and after the Peinor releaseth to the Tenant, and he maketh a Will of the whole and dyeth, this is good but for two parts.  
31. A man holdeth two Manors of one Lord in Fee by Knight Service of equal value, and one other Manor of the King in chief in tail, of the value of one of the other Manors, and maketh a devise of both the Manors in Fee-simple and dyeth, this is good for the whole.  
32. Land is given to a man, and a Feme sole in Fee, and they intermarry, and after and before the Statute of Quia emptores, they make a gift in Fee to hold of them, and of their heirs by Chivalry, the husband dyeth, the wife confirmeth the estate of the Tenant to hold in Socage, the Feoffee deviseth the whole, and dyeth, this is good for all, but the third part of the moiety.   

XIIII.  
Where the King or other Lord shall be forced to take the Land in Tail for their third part, and where not.  
1. A Man seized of Land in Fee simple, and also in tail, amounting to a third part of the Fee-simple, and holdeth part of the King in Chivalry in Capite, declareth his Will of all this Fee-simple Land, his heir within age, and inheritable to the Tail, the King shall be chased to take the Tail 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 Tail Land for his interest of the Ward.  
2. A man seized of Fee-simple, holden of the King by Chivalry, and also of Land in Tail to him and his heirs Females of his body, and hath issue a son and a daughter, and dyeth, his son within age, the King shall not be compelled to take the tail, etc.  
3. Tenant of the King of Fee-simple in Chief, purchaseth land to him, and to the heirs of the body of the father begotten, his father then being dead, after he hath issue a son and dieth, the son within age, the King shall take the Tail, etc.  
4. Grandfather, father, and son, the grandfather seized of land in Fee land is given to the grandfather and to his heirs of the body of the father begotten; the father dieth, the grandfather declareth his will of the land in Fee-simple and dieth, the son within age, the King shall have the land Taile.  
5. Grandfather, father and son, the father is seized in Fee of land holden of the King in Capite by Chivalry; the father giveth land to the grandfather in Tail, 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 son within age, the King shall take the land Tailed. quaere.  
6. Grandfather, father, and son, the father seized in Fee of land holden of the King by Knight service, land is given to one for life, the remainder to the heirs of the body of the grandfather begotten; the grandfather dieth, the Leasee dieth, the father maketh his will of the whole Fee-simple and dieth, the son within age, the King shall be compelled to take the land tailed.  
7. Father and son, the father seized in Fee holden ut supra, disseiseth the son of land tailed, and declareth his will of the Fee-simple land and dieth, the son within age, the King shall not be compelled to the tailed land.  
8. Tenant in Taile seized also of Fee-simple is disseised of the land in Tail, and giveth all his Fee-simple and dieth, his issue within age, the King enters into the land entailed, he shall not be forced to take it for Wardship.  
9 A man seized 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 Tail.  
10. A man seized 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 husband deviseth the land in Fee-simple and dieth, the issue within age, the King shall not take the land in tail; otherwise if the remainder of the Fee-simple had been given to the husband.  
11. A Feme seized 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 tailed.  
12. A man seized in Fee hath issue two sons by divers ventures, and purchaseth land to him in tail general, and dieth seized 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, etc.  
13. Tenant in Taile seized of land in Fee-simple holden ut supra, maketh a Lease of the land tailed for term of his own life and a year after, the remainder to his eldest son 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, etc.  
14. A man seized of land in Fee-holden in Chief, and land is given to him for life, the remainder to his eldest son in Tail, the remainder to the right heirs of the father, the father maketh a feoffment with warranty, and taketh back an estate to him in Tail, and maketh a will of all the Fee-simple land and dieth, his son within age, the King shall not be compelled, etc.  
15. Tenant in Taile seized also of other land in Fee holden ut supra, hath issue two sons, the eldest is attainted in the life of the father, and hath a Charter of pardon, and after the father deviseth the whole Fee-simple and dieth, the eldest son within age, the King shall not be forced to take, etc.  
16. Grandfather, father, and son, the grandfather seized of divers parcels of land, giveth part thereof to the father in tail, and after disseiseth the father, & maketh a feoffment with warranty, and taketh back an estate to him in Tail, the father dieth, the grandfather deviseth all his Fee-simple and dieth, the son within age, the King shall not have this land in Ward.  
17. A feme seized 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. seized 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 entire Fee-simple, and hath issue and dyeth, the issue within age, the King shall not have this land inatiled.  
19 A man seized of land in Fee holden of the King in Capite, hath issue a son and a daughter and land is given to the father, and to the heirs males of his body begotten, the remainder to his heirs females of his body begotten, and dieth seized, the son enters into all, and deviseth the whole Fee-simple, and hath issue a daughter within age and dieth, the King shall not have this land entailed.  
20. A man hath issue two sons and dieth, the eldest son is seized 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, etc.  
21. A man seized of land in Fee hath issue a son and a daughter by one venture, and a son by another venture, maketh a Lease of a third part of the land to one for term of life of the eldest son and dieth, the eldest son enters into the residue, and maketh a release to the Leasee of all his right in the land, and deviseth the entire land residue and dieth, the daughter within age, the Leasee dieth, the King shall not have this land for his part.  
22. Tenant in tail is seized also of Fee-simple holden, etc. and discontinueth the Tail to another in Tail, the second donee dieth without issue, his wife privement insent, the donor deviseth his Fee-simple land, and dieth, his son within age, the issue of the donee is borne, the King shall have the land tailed.  
23. Grandfather, father and son, the grandfather giveth part of his Fee-simple land to the father in tail; 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 seized of land in Fee-simple, taketh husband, and they have issue, and land is given to the husband and wife in tail special, and after by Act of Parliament it is enacted, that all estates made to the husband shall be void, the husband dieth, the wife deviseth her entire Fee simple which is holden of the King and dieth, the issue within age, the King shall not be compelled to take etc.  
25. A man seized of land in Fee-simple holden, etc. hath issue a son, land is given to the father and son, and to the heirs of the father, and they join in a lease for life, the remainder to the son in Tail, the Leasee dieth, the father deviseth all the other land, and dieth, the son within age, the King shall not have this land, etc.  
26. A man is seized in Fee, and land is given to him and his wife, and to their heirs between them lawfully begotten, the remainder to the right heirs of the husband; the wife dieth without issue, the husband taketh another wife, and hath issue, and deviseth the whole Fee-simple and dieth, the issue within age, the King shall have this land as entailed, and not the Fee-simple.   

XV.  
Where the King of other Lordin Knight service shall have recompense 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. Land's 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 recompense according to his loss; but if the heir within age, or the true Lord of whom the land is held tender a Traverse to an office which hath found a false Tenure for the King, and this traverse is found for the party, the King shall not have any recompense.  
2. A praecipe quod reddat is brought against the heir for the land which is assigned to the lord, and no Town is mentioned in the writ, but the land is well put in view, and the demandant recovereth upon a good title and enters, the guardian shall not have recompense.  
3. A man recovereth in the common place the lands of the Ward where no original writ thereof is brought, and enters, the guardian shall have recompense.  
4. A formedone is brought against the heir of the lands in Ward upon a good title of an ancestor in tail being discontinued, and the demandant recovereth by trial, and before execution he dieth without issue, the donor or his heir enters upon the guardian, he shall not have recompense.  
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 recompense for that he is not Lord, for the statute giveth recompense 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 Entry in the post, where it should be within the degrees, and sueth execution, the Lord shall have recompense.  
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 sovereignty was taken away, where in truth the land lieth out of ancient Demesne, and sueth execution, the lord shall not have recompense.  
8. Land lieth in Wales and Durham, and is recovered in the Common Place at Westminster, and execution sued, the Lord shall not have recompense.  
9 A praecipe quod reddat was borough for land in Ward against the father of the heir, and he voucheth to warranty, and at the summoneas ad warrantizandun returned served, the vouchee maketh default, whereupon the grande Cape ad valentiam issueth, and the writ returned served; but the Sheriff returneth that the Tenant was dead, and yet judgement was given for the demandant at his peril, and he entereth upon the Guardian; he shall not be recompensed.  
10. The land in ward is parcel of a Manor which lieth in Bristol, and out of it; and Bristol hath a Charter from the King's Progenitors, that the Burgesses shall not be impleaded out of the Town for any freehold within the Town, but shall be impleaded thereof before the Bailiffs there, and the heir is one of the Burgesses, and is impleaded for the whole Manor in the Common Place, and a recovery by default, and execution sued; the Lord shall have recompense.  
11. A widow hath title of Dower against the Guardian, and she releaseth to him all the right, and contrary to her release she bringeth a writ of Right of Dower against him, and recovereth; he shall not have recompense.  
12. A praecipe quod reddat is brought against the heir he voucheth the Guardian by reason of a warranty mad● 〈◊〉 himself, or his ancestor, the Guardian enters into the warranty; and after the demandant releaseth all his right to the Tenant, and to the Vouchee, and delivereth it to the Vouchees; and he doth not plead it, but acknowledgeth the action of the demandant, and he recovereth and entereth; the Guardian shall not have recompense.  
13. The King hath land, for his part, which is holden of another by Chivalry, and heretofore the Lord brought a writ of Cessavit against I. S. then Tenant upon a Cesser, and hanging the writ I. S. inseoffeth the father of the Ward, and the demandant accepteth homage of the father, and notwithstanding recovereth against I. S. and now he enters upon the heir in the possession of the King; he shall be recompensed.  
14. The Lord hath a Manor in Ward which extendeth into two Counties, and recovery is of the whole Manor in one County, only against the heir or against his father, and the recoverour enters into the whole; the Lord shall have no recompense, but for the part well recovered; otherwise it is where an Assize is brought in D. and maketh a Plaint of a Manor, and parcel of a Manor which lieth in S. is put in view, and after the plaintise recovereth and enters in the land in S. he shall be recompensed.  
15. Before the statute of 27 H. 8. the Feoffee to an use was impleaded in a formedone hanging which writ Cestuy que use enters, and maketh a Feoffment to another to the use of the same Tenant in Fee; and the demandant pursueth and recovereth by default after the statute, the Tenant dieth, seized of this and of other land in Fee, and this land is assigned to the Lord in Ward, upon whom the recoverour enters; he shall not have recompense.  
16. The Tenant in a formedone infeoffeth the father of an infant hanging the writ, and after the demandant releaseth to the Tenant, and nevertheless he recovereth by Verdict and Confession; after the Feoffee dieth, his heir within age, and in Ward for this land, into which the recoverour entereth, the Lord shall have recompense.  
17. A 〈◊〉 in a Pr●cipe quod reddat, was had by Verdict against father of an infant, who was seized in the right of his wife without naming the wife, and the recoveror enters upon the guardian to execute the recovery; he shall not have recompense; otherwise the Law is if the recovery were had against the wife without naming the husband, and she appeareth and pleadeth as a woman sole.  
18. The father of an infant being by the curresie of the inheritance of the infant, granteth his estate to another upon condition, and after a recovery is had by default against him in a pracipe quod reddat by a faint title, and after the condition broken here entereth, and dieth, and this land is assigned to the Lord upon whom the recoverour entereth; he shall not have recompense.  
19 A formedone is brought by an infant upon a discontinuance against the father of an infant in Ward, hanging which writ a Collateral ancestor of the demandant releaseth to the Tenant after Verdict, and after the Judgement given; the ancestor Collateral dieth, the Tenant dieth seized of other land, and this land was left to the Lord for Ward, upon whom the demandant enters; he shall have recompense.  
20. A pracipe quod reddat is brought against the father of an infant, who appeareth and pleadeth, that the demandant and a stranger entered into the land, hanging the writ to the use of the stranger, judgement of the writ; to which the demandant faith, that the Tenant reentered, whereupon the Tenant demurreth in Law, and adjudged for the demandant, and immediately judgement given to recover, and after the father dieth seized: and this land was assigned in Ward, upon whom the recoverour enters; he shall have recompense.  
21. The Guardian in Chivalry hath lands in Ward which are holden of him by several Tenors, and he doth waste in one of them, & the heir recovereth against him in waist, and entereth into the whole; the Guardian shall have not recompense, but he may enter, or have an action for the Tenure which is not wasted.  
22. The heir in Ward is a Bastard eigne, and hath a brother maher pursne, a recovery in a praecipe was had against a Tenant for term of life, by default where the remainder in Fee was in the father, and before execution the Tenant for life dieth, and the father entereth and dieth seized of other land, and this land was assigned to the Lord, upon whom the Recoveror entereth, the Lord shall have recompense.  
23. A Cessavit was brought against the Father, the Infant in Ward and he tenders the arrears, and judgement given that for the Cesser after, the Land shall incur to the demandant, the Father dyeth seized of this Land, and deviseth all his other Land, and this Land was in Ward, and the services are not done for two years, whereupon the Lord entereth, and ousteth the Guardian, he shall not have recompense.  
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 rendereth the Land to the demandant in Fee by fine, and after the father dyeth, seized of other Land, etc. and this land is assigned to the Lord, and the Widow enters upon him, he shall not have recompense.  
25. A man recovereth against the Father of an infant in a Warrantia Chartae pro loco & tempore, the Father then being seized 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, entereth, upon whom he who recovereth pro loco & tempore sueth a scire facias to have in value, and by extent recovereth and entereth, he shall have recompense.  
26. Tenant in Tail of a Common certain, bringeth a Quod permittat, against the Heir, and recovereth against him in the Land which is assigned to the Lord, and the Reversioner useth the Common, the Lord shall have recompense; yet this is not any eviction or determination of his interest.  
27. A Father of an Infant, by Indenture granteth to I. S. and his Heirs, a way over his Land in eschange for an acre of Land, the Father entereth, and the other useth the way, the Father deviseth all his Land, relinquishing the acre eschanged to the Lord, and dyeth, the Lord entereth for the Wardship, the Grantee is disturbed of the way, and entereth upon the Lord, he shall have recompense.  
28. If the part assigned to the Lord be decayed, or surrounded by the sea, yet the Lord shall not have recompense; the same Law, if the two parts devised be bettered by improvement in any Manner, so that the part of the Lord is not at the value of the third part of the whole inheritance, yet the Lord shall not have recompense.   

XVI.  
For what Alienation the King shall have a sine for alienation, and for what not, and where the King shall have a fine for alienation, notwithstanding a licence of alienation, and where not.  
1. THe Son 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 son is attainted of Felony, and is executed, and the widow entereth upon the Father into the Dower, the King shall have a fine.  
2. Tenant of the King in Capite, is sound a Lunatic by Office, whereby the land is seized, 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 seized, his heir of full age, which is found by Office, whereby the Escheator seizeth to the use of the King, after Premier seisin and before Liver● sued, he entereth and maketh a Feoffment, the King shall not have a Fine for alienation, but after inquisition; otherwise it is, if the heir alien by Indenture of bargain and sail, enrolled according to the statute.  
4. Tenant of the King in Capite is disseised, and releaseth to the Disseisor, the King shall have a fine.  
5. Tenant of the King, maketh a Lease for life by Licence, and after the Leasee maketh a Feoffment, the Feoffee inseoffeth his Father who dyeth seized, and the Feoffee as heir entereth, and inseoffeth the Feoffor who was tenant of the King, the King shall not have a Fine.  
6. After the death of the King's Tenant in Capite, it is found by Office, that an alien is his daughter, and heir, and of full age, whereby the Land is seized for the Premier seisin, and before Livery, the heir taketh husband, and they have issue, the wife dyeth before Livery sued, the King shall have Premier seisin of the husband as Tenant by the Courtesy, but shall not seize for alienation.  
7. Tenant of the King in Capite alieneth in Fee, and before Office found, he dyeth, yet the King shall have a Fine: but if he alien, and the Alienee also die before Office found, the King shall not have a Fine.  
8. Two joint-tenants of a Manor 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 Manor, to which an Advowson is appendent, hath issue three daughters, and dyeth seized, the daughters make partition of the Manor, and also of the Advowson, that is, that they shall present by turn, and this is found by Office, the King shall have a Fine.  
12. Tenant of the King in Capite, maketh a Lease to one for years upon condition, that if he within the term kill I. S. who is a Person Outlawed of Felony, that he shall have Fee, and Livery is made accordingly, and after he killeth I. S. within the term, the King shall not have a Fine.  
13. Tenant of the King in Capite, accepteth a Fine of a stranger sur Conusaens do droit come ceo, etc. and continueth in possession, the King shall have a Fine.  
14. The heir in Reversion of Tenant by the Courtesy of Land holden in Capite, granteth his Reversion, and before attornment, the Tenant by the Courtesy, by Licence granteth his estate, and after he attorneth to the grant of the Reversion, the King shall have a Fine.  
15. Tenant of the King in Capite, of an Advowson, granteth to one and his heirs, the rumination of two Clerks, to be made to the Grantor, and 〈◊〉 heirs at every avoidance of the Church, the King shall not have a Fine.  
16. Tenant of the King in Capite, maketh a Lease for life by Licence, the Remainder for life, the Remainder over in Fee, he in the Remainder for life, granteth his Remainder to another, and the Tenant attorneth, the King shall not have a fine, because neither freehold nor inheritance is thereby aliened.  
17. Tenant of the King, deviseth his Land to his wife quandiu sola vixerit, the King shall have a fine, otherwise, if he devise until she hath levied 10. l. out of the Land.  
18. Two joint-tenants to them, and to the heirs 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 Manor, 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 enrolled, the Leassee granteth his Estate to another, the King shall have a fine.  
21. Lord, Mesne, and Tenant, the Mesnalty holden of the King in Capite, the Mesne, and the Tenant eschange the Mesnalty for the Tenancy by Deed, the King shall not have a fine, and yet the eschange is good.  
22. Cestuy que use of Land holden in Capite, infeoffeth one of the Feoffees, before the Statute, the King shall have a fine.  
23. The King granteth Land to one in Fee, at this day upon condition, that he shall not alien without Licence, he doth alien, and this is found by the Escheator virtute officid, the King may re-enter, or have a fine at his election.  
24. Tenant of the King, suffereth himself by Collusion to be impleaded in a real action, by one who hath no title, who recovereth by faint pleading, the King shall not have a fine, but if the Tenant of the King looseth his land by a recovery in value upon a voucher 〈◊〉 him, the King shall have a Fine.  
25. Two joint-tenants in Capite, the one Leaseth his moiety for years, the Remainder for life, or in Fee to his Companion, the King shall not have a Fine.  
26. Two Coparceners of the King in Capite, the one infeoffeth the other, the King shall not have a Fine.  
27. Tenant for life, where, the Reversion is in the Tenant of the King in Capite, surrendreth his estate, the King shall have a Fine.   

XVII.  
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 
21 H. 7. 7. b  King shall not have a fine.  
2. The King licenceth his Tenant to alien to I. S. in Fee, and he alieneth to I. S. in Fee Taile, or to the use of the Feoffor, the King shall have a fine.  
3. The King licenceth his Tenant to alien twenty Acres, and he alieneth ten Acres only, the King shall have a Fine.  
4. The King licenceth his Tenant to alien in Fee by Deed, and he alieneth without Deed, the King shall have a Fine.  
5. Tenant of the King in Capite, leaseth for years, the Leasee is Outlawed in a personal action, the King seizeth, and licenceth his Tenant in Reversion to alien his Reversion, and he doth it during the term, the King shall have a Fine.  
6. Two joint-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 a fine, but if the survivor die, and his heir alien, the King shall have a fine.  
7. The King licenceth his Tenant to alien in Fee, and he alieneth in Fee upon condition, the King shall have a Fine.  
8. Tenant of the King in Socage in Capite deviseth his Land by Will without licence, the Devisee dyeth before a Pardon sued, his heir shall not sue a Pardon without paying the whole value of a year and a half of the third part.  
9 Tenant of the King, disposeth his Land according to the Statute by Act, executed in his life without licence, the Donee shall not have a pardon of course for the third part of the value of a year, but he shall pay the value for a year and a day, by the words of the Statute.  
10. The King Lord, Mesne, and Tenant in Capite, the King liceneth the Mesne to alien the mesualty, and after the tenancy escheateth, the Mesne entereth and alieneth the tedancy, the King shall have a Fine.   

XVIII.  
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 Tail to a married man, pro causa matrimonii praelocuti, and the Wife of the Donee dyeth, and the Doneresse and he intermarry, 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 less value than the other Land given, which is conveyed to them as the other Land was; this is a good eschange, and no Covin.  
3. Tenant of the King in Capite, being constrained by poverty, infeoffeth his son and heir apparent in Tail, the Remainder to his second son, the Remainder to the right heirs of the eldest son, to the intent to find him sustainance, or for money to the value of the Land; this is not Covin.  
4. A man holdeth Land in Socage only of a Common Lord, and he conveyeth this by fraud to defraud the Lord of his Relief or Herriot, the Lord shall not take advantage of this Covin.  
5. Tenant of the King seized 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 joineth his son and heir in the purchase with him, in the Remainder in Tail after his decease, with the Remainder in Fee to his heirs; this is not Covin.  
7. An Infant purchaseth Land holden of the King in Chivalry, and he by fraud and Covyn suffereth a recovery in a Writ of Right upon the Common Voucher, and the recoveror maketh an Estate again to him, with Remainder over to him, who shall be his heir contrary to the intent of the first Estate; this shall be Covin.  
8. The husband seized 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 collateral of the wife, releaseth to the Feoffee with warranty, and dyeth, the Feoffee conveyeth an Estate to a stranger agreeable to this practice; this shall not he fraud.  
9 The Tenant contriveth an Estate in Fee upon Condition, and taketh back an Estate to him for life, the Remainder to his eldest son in Tail, and for default of such issue, the Remainder to the heirs of the body of the father begotten, the Remainder over in Fee, to the Lord of whom the Land is holden, yet this is Covin at the pleasure of the Lord.  
10. Tenant of the King in Capite, intending to defraud the King of the Wardship etc. 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 waist, the Remainder over to his eldest son for life, the Remainder over to his younger son for life, the Remainder over to the Right heirs of the father, and these Estates are conveyed accordingly, this shall not be Covin; but if there be more Lands conveyed in the Deed of execution of the Estate then are contained in the Licence, than the Covin shall be averred in the whole.  
11. Tenant in Chivalry intending fraud infeoffeth the Lord himself, 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, etc. and the Master knowing of their intent rejoiceth at it, yet this shall not be fraud.  
13. Tenant in Chivalry by Covin &c. maketh a Lease for term of a Month to the Lord by Deed, the Remainder over to divers others in Fee, upon condition that they in the Remainder after the Month, shall make fraudulent estates and Conveyances back, etc. and to this purpose, the Lord is not privey, and the Deed is read to the Lord, as only to the use of him in the Reversion, and Livery and Seisin is made to him accordingly, he shall never avoid this by Covin.  
14. The Tenant intending fraud, infeoffeth divers persons, and putteth the Lord in trust as Attorney to make livery and so he doth, yet the Lord shall avoid this Covin.  
15. The Tenant maketh a Lease for years to the Lord, and after by fine conveyeth fraudulent estates, etc. and after the Lord within the term, maketh his Executor and dyeth, and the executor enter into the term, and after the Leasor dieth, his heir within age, and the term continueth, the heir of the Lord shall not avoid this Covin.  
16. Tenant in Chivalry leaseth to the Lord for life, and after grants the Reversion in Fee to the Villeyn of the Lord, upon condition that he within the year shall regrant an estate by fraud with the remainder over, etc. the Lord attorneth to the Villeyn, and after maketh waste, and the Villeyn recovereth the place wasted, and conveyeth the states within the year accordingly, and dieth, his heir within age; the Lord shall not avoid this Covyn.  
17. Tenant in Chivalry infeoffeth his son and heir apparent in Fee, being within age, bona fide and the Lord accepteth homage of him, and after the father dieth; yet the Lord may aver this feoffment to be by coven in a writ of right of Ward: but if the heir were of full age at the time of the feoffment; and he accepteth homage of him in the life of his father, an he in avowry for heriot or relief shall not be received to aver 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 executor the value; yet the Lord shall have the Wardship of the whole.  
19 It is found by Office, that the Tenant of the King by Knight-service in Capite (for that his eldest son is an Idiot, Lunatic, or who hath committed some unnatural act of ingratitude to his father) assureth in his life all his inheritance in Fee-simple or Fee-tail to his second son, by estate lawfully executed, whereby the King hath part: the Ward of the King shall not be entitled to any part thereof by this office, but the assurance is good in law for the whole.  
20. The same law it is, if it be found by office, that for that the eldest son was Riotous, and of lewd 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 blood for ever, without any hope to have the land again.  
21. The issue in a right of Ward, is if the conveyance were made by Coven to defraud the Lord of the Wardship, and it is found by verdict, partly to the intent to defraud the Lord, and partly for affection, which he did bear to the Feoffee, the ancestor in his life executeth an estate accordingly; this Coven is not well found.  
22. Tenant of the King of Knight service in Capite seized also of other land, holden of another Lord in Chivalry, and it is found that he made a fradulent conveyance of the land holden of the other Lord, to the intent to defraud the right Lord of this Wardship; the King by that shall have the Wardship of the whole inheritance.  
23. Coven is found for the King in one County, and lands in other Counties, depend upon the same conveyances, and so found; yet this is not sufficient for the lands in other Counties.  
24. Tenant in Chivalry enfeoffeth another by Collusion, the Feoffee in accomplishment of the Collusion executeth an estate to the Feoffor for life, the remainder in Tail to his eldest son within age, the Feoffor dieth, the heir within age, the Lord may enter in this case without being compelled to his writ of right of Ward, Quaere 33. H. 6. 14. B. Andrew Woodcocks case.  
25. Tenant in Chivalry enfeoffeth another by Collution to the intent to enfeoff the heir at full age, and dieth before the estate executed, and the Feoffee enfeoffeth another bona fide, yet the Lord in right of the Ward shall aver this Covin, and recover the whole land.  
26. Tenant in Chivalry of a common person enfeoffeth one by Collusion, and after he purchaseth land holden in Knight service in Capite, and dieth, this matter is found by office; the King shall have the Wardship of the whole.  
27. Tenant in Chivalry seized also of Socage land holden of the same Lord maketh a feoffmenr of the Socage by Collusion, to defraud the Lord of the relief, and after declareth his will of the whole land in Chivalry and dieth; the Lord shall not avoid the will of the whole land by this Collusion but only of a third part, and of this part the heir shall have the Fee-simple at his full age, otherwise it is, where the estate is executed in the life of the Devisor although that it be by Covin.  
28. Tenant of the King in Capite conveyeth divers fraudulent estates to the intent to defraud the King, etc. And the King granteth a pardon for the alienation, yet the King shall aver the Covin for the Ward.  
29. Tenant in Chivalry by fraud infeoffeth one, the Feoff is disseised, and after the disseisin he 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, etc. this is not Covin.  
30. Tenant in Capite by fraud enfeoffeth his daughter upon condition, she is ravished, and consenteth to the ravishour, whereby the son and heir of the Feoffer being within age enters, and the father dies, this is not Collusion.  
31. Tenant in Chivalry procureth a stranger who hath good title of action to the Land, (but his entry is taken away) to the intent that he shall recover, and that after the recovery and execution had, he shall convey an estate by fraud and a recovery is had by confession accordingly, and execution sued, and estates conveyed accordingly, this cannot be intended and averred for Covin.  
32. Tenant in Chivalry by secret Covin enfeoffeth a Villeyn to the intent to convey fradulent estates etc. the Lord of that Villeyn entereth as in land purchased by his Villeyn, and after the Feoffer himself notifieth the intent of the feoffment to the Lord of the Villeyn, requiring him to execute the state accordingly, and so he doth, this is not Covin.   

XIX.  
Where the King shall have the reversion of Tenant in Dower or of the joint tenant, who surviveth if they die during the minority of the heir of the Devisor, and where not.   

XX  
Where the Reversion and title of the Donees, Feoffees, Leasees and Devisees shall be saved after the interest and title of the King, or other Lord determined.   

XXI.  
Where the Donce or Devisee, who hath lost the Lands or Tenements to him given or divised or part thereof, by reason of wardship shall have contribution by bill in the Chancery against the other Donces or Devisees, and where not.  
1. BAstard eigne entereth after the death of the ancestor, and being seized also of other lands by purchase, deviseth these by his Will to divers persons, and the land descended he deviseth to the Mulier puisne, and dieth, his issue within age, the Lord taketh for Wardship part of the land purchased and devised, and sueth the Mulier for contribution; he shall not have it.  
2. An insant maketh a feoffment by letter of Attorney: the Feoffee seized of other land by indeseasible indefeasible title, deviseth all to several persons and dieth; the land by indefeasible title is devised from the devisee for Wardship, and after the insant at his full age releaseth all his right to the devisee of his land, the other shall have contribution.  
3. A Disseisor seized also of other land by good title, deviseth the whole to several persons and dieth, and one of the devisees hath part of his land taken for Wardship, and the devisee of the land whereof the disseisin was made, is disseised by a stranger, upon whose possession the first Disseisee releaseth all his right, the other devisees shall have contribution against him.  
4. A feoffment is made with warranty to the Feoffee and his Assigns, the Feoffee is seized also of other lands, deviseth the whole to driverse persons severally and dieth, the devisee of the land which is warranted is impleaded, and by voucher recovereth other land in value against the warrantor, and after one of the other devisees looseth by writ of right of Ward, he shall not have contribution.  
5. Leasee for life granteth over his estate upon condition, the condition is broken and the grantee alieneth the land in Fee, whereupon the Leasor entereth for forfeiture, and after he being seized of other lands, deviseth them to another and dieth, his heir with in age, the devisee entereth, and the Guardian taketh part from the devisee, and he sueth for contribution against the Leasee; he shall not have it.  
6. Two joint Tenements, and to the heirs of one of them, he who hath the Fee deviseth this land to his companion in Fee, and deviseth his other land to others who lose by Wardship, he shall not have contribution.  
7. A Leasee for life, the remainder for life, the remainder to the right heirs of the Leasee, the Leasee reciting this estate, granteth his Fee-simple by fine to him in the remainder, etc. He giveth and disposeth other land to others, and they lose by Wardship after the death of the Devisor, and he in the remainder entereth, he shall be contributory.  
8. A Feme is disseised, the father releaseth to the disseisor with warranty and dieth; the Feme being inseint, and after is delivered of a son, the disseisor by deed executed in his life giveth this land to the daughter, and giveth other land to another and dieth; the other loseth his land by Wardship, and sueth the daughter for contribution; he shall have it.  
9 One of the Devisees is impleaded in A pracite quod reddat, by one who hath good title and he disclaimeth whereby the demandant entereth and re-enseoffeth the Devisee; he shall not be contributory.  
10. A Lease is made to one for life upon condition, that the Lesee may alien the land in Fee for the profit of the Leasor, the Leasee alieneth in Fee upon condition that the alience should immediately enseoffe the alienor for life, the remainder to the Feoffer in Fee of land of greater value, and so he doth; the alience giveth this land in Tail and dieth, and the Leasor entereth upon the Donee and re-enseoffeth him, he shall be contributor to the other devisees.  
11. A man hath issue a son, & a daughter by one venture, and a son by another, & maketh a Lease for life, proviso that the Leasee shall not make waist, the leasor dieth, the leasee maketh waste, the eldest son dies without issue, the younger son enters for the condition broken, and deviseth this land amongst other lands and dies, the daughter enters upon the Devisee, and reenseosseth the same Devisee, he shall not be contributory.  
12. An Abator deviseth his land and dieth, the heir within the view, maketh claim to the land, and dareth not enter for doubt of Maiheme, and after he releaseth to the Devisee, he shall be contributory.  
13. The Devisee ceaseth for two years & is disseised, the Lord releaseth to the Disseisor all actions, the Disseisee reentreth, against whom the Lord bringeth a Cessavit, and recovereth the release being pleaded, and entereth and re-enfeoffeth the Devisee, he shall not be contributory.   
FINIS.   

The Reading of Mr John Brograve of Gray's Inn, made in Summer 1576. upon part of the Statute of 27. H. 8. C. 10. of uses, concerning Jointures, beginning at the twelfth Branch thereof.  

Division the First.  
What shall be said, a puchase of Lands to the husband and wife, and to the heirs of the husband, by the husband for the Jointure of the wife, by this Statute, and what not.  
1. A Praecipe is brought against Tenant in Fee simple, who prayeth in aid 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 etc. which may be for a Jointure.  
2. A Mine is given to three men, and a Feme sole, one of them marrieth with the Feme, she being excommunicated, one of the others releaseth to the husband and wife, and to the heirs of the husband, the husband dyeth, the wife assenteth; this is a good purchase, etc. and yet the wife is not Tenant for life.  
3. A Reversion depending upon an estate for years, charged with a Rent, is granted to the King and his wife, and to the heirs of the King, the Tenant Attorneth to the Queen, the King dyeth, the Deed is enrolled after the six Months, the Queen distraineth the Leassee for the Rent; this is a purchase etc.  
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 etc.  
5. Vestura terrae is granted to I. S. and a woman sole I. S. marrieth a wife of seven years of age, the Feme granteth her part to I. S. and his wife, and a letter of Attorney to make Livery, the Feme leaseth for years which is expired, the Attorney maketh Livery to the wife, I. S. dyeth, the wife entereth; this is such a purchase etc.  
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 Dean dyeth, the Attorney maketh Livery, I. S. dyeth, the wife enters; this is not &c. but if the Deane had not been named by his name of baptism, although that another had been chosen, when the estate was executed this should have etc.  
7. Father and son, the son 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 heir, he entereth, the Lord dyeth; this is such a purchase etc.  
8. Bastard eigne, and mulier puisne, the father dyeth seized 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 etc. 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 etc.  
9 Husband and Wife, the husband is a lunatic, they bring an action of waste against Tenant in Taile (with the Fee expeciant) as Tenant for life, supposing the waste to the disherison of the husband, he pleadeth the general issue, no waste is found, Tenant in Taile dyeth without issue, the husband dyeth, the wife enters; this is not &c.  
10. I. S. disseiseth one of Land to the value of 20 l. per annum, to the use of I. D. and his Wife, and the heirs of the Husband, for etc. I. S. granteth a Rend charge of 30 l. the husband enters, the Disseisee releaseth to the Husband and Wife for a jointure, also the Husband dyeth, the Wife entereth; this is not &c.  
11. A Divorce is betwixt I. S. and his Wife, an appeal 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, etc. and to I. N. for 10 years, and after to the heirs of I. S. the Divorce is repealed, I. S. dyeth, the Wife entereth; this is etc.  
12. Tenant for life of a Wood, I. S. taketh to wife the niece of the Queen, the Reversion is given to them, and to the heirs of him who shall first purchase 10. l. per annum, the Reversions of the Manors of D. and S. each of such value is given to the Husband and Wife, the one to the one, the other to the other, the Tenant surrendreth to the Husband and Wife, Tenant for life dyeth, the Husband dyeth, the Wife enters; this is a Jointure in the wood within etc.  
13. A. and B. joint-tenants in Fee, A. becometh 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 heirs of the surviror, the Husband dyeth, the Wife entereth; this is etc.  
14. A. and a Feme joint-tenants of a Villain for years, intermarry, the Villain purchaseth a Reversion depending upon an estate for life. A. grants this to I. S. and a Feme, for etc. in marriage with I. S. the Remainder to the heirs of I. S. he marrieth the Feme of I. D. a Tenant for life, and I. S. die, the wife of A. and I. S. enters, this is etc. 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 recompense, 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 entereth; this is not &c.  
16. Disseisor of the Manors of D. and S. leaseth the Manor of D. for years, the Disseisee maketh a Lease for years to the Wife of the Manors, the Remainder to the Husband and Wife, and maketh Livery in the Manor of S. and after releaseth to the husband and Wife, and to the heirs of the husband for etc. the husband dyeth, the Wife occupieth, this is &c. in both the Manors.  
17. Two joint-tenants of an Isle are disseised by A. and B. one releaseth to B. who willeth that his Isle should be sold for payment of his debts, and maketh no Executors, the Ordinary felleth to the Husband and Wife for life, the Husband dyeth, the Wife entereth, this is etc.  
18. Tenant in Tail of the Ville of D. leaseth to his eldest son for life, and dyeth, the son 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 bar of Dower, but not averrable for a Jointure.  
19 A deaf woman Tenant for life, ●●keth Husband, the Leassor levyeth a Fine to the Husband and wife, Come ceo etc. the Husband dyeth, the Wife infeoffeth the Heir of the husband of parcel, this is etc.  
20. Disseisee is married in a chamber, the Disseisor giveth in Tail, the Remainder in Fee, the Disseisee enters upon the issue of the Donee, and maketh a Feoffment upon Condition, the issue enters, the Condition is broken, the issue dyeth without issue, he in the Remainder enters, and granteth the Land to the Disseisee and his Wife, and to the heirs of the Husband, the Husband dyeth, the Wife enters; this is etc.  
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, etc.   

II.  
What shall be said an Estate made in Tenements to the Husband and Wife, and to the Heirs of their bodies, or to the Heirs of one of their bodies, by this Statute, and what not.  
1. A Windmill 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 remain to the Heirs of the Husband, this is etc.  
2. A Reversion upon an Estate for years, is devised to the Husband and Wife in frankmarriage by the Father of the Husband, the Remainder to I. S. in Fee, Tenant for years surrendreth to the Husband who dyeth, the Wife enters, this is etc.  
3. An upper Chamber is granted without Deed to A. for life, the Remainder for life, the Remainder to A. in Fee, A. grants his Estate to him in Remainder and his Wife and to their Heirs, and if they die without Heirs Males of their bodies begotten, that then this shall revert, the Husband dyeth, the Wife enters, this is etc.  
4. An Advowson is given by act of Parliament to Husband and Wife, the Remainder to the Heirs of the body of the Husband begotten of his Wife, the Remainder to the Heirs of the body of his Wife begotten by the Husband; this is etc.  
5. The Reversion of Tenant for life, is granted to husband and wife, and to their heirs males; and if they die without heir of their bodies, that this shall revert with warranty; Tenant for life surrenders, they are impleaded, and recover over, and enter, the husband dieth, the wife entereth; this recovery in value is not within etc.  
6. Father and son, A. deviseth the Castle of B. to the father in Fee and dieth, I. S. entereth 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 etc.  
7. A Seignory by Knight Service is given to a Feme Covert, & haeredibus suis masculis of her body; a Tenancy escheateth, I. S. intrudeth, and dieth, the husband enters and dyeth his wife taketh another husband who entereth, this is etc.  
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 infeoff I. S. rendering Rend to them and to the heirs of their bodies, and if it be arrear that they shall enter and detain, the Rent is arrear, the husband dieth, the wife enters, this is not a jointure in the land, nor in the Rent, etc.  
9 A Seignory is given to husband and wife for life; the remainder in Tail to husband and wife for etc. the Tenant leaseth for life, the remainder to a Parson and his Successors; the year and day expire; Tenant for life dieth, the Parson enters, the husband ousteth him, and I. S. dieth without issue, the husband dieth, the wife enters; this is an estate Taile, etc.  
10. Disseisor is disseised, the first Disseisee brings an Assize, the Tenant voucheth the Disseisor, who enters into the warranty; the demandant releaseth to him, the Tenant deviseth the land to him to whom the release is made, and to his wife in tail without expressing what Tail etc. the husband enters and dieth, the wife enters, this is etc.  
11. I. S. By Indenture bargaineth and selleth a Dovehouse to husband and wife, and to their heirs tam diu as they have issue of their bodies; whereas he hath no Dovehouse, I. S. buildeth one, the husband enters and dieth, the wife enters; this is no Tail in jointure, etc.  
12. Disseisee releaseth to the Disseisor of a Rectory upon condition, the disseisor dieth, the condition is broken, the disseisee enters and infeoffeth I. S. who dieth; his heir giveth the land to the heir of the disseisor being an infant, and to his wife, and to the heirs of his body begotten by I. S. the husband dieth, the wife entereth; this is etc.  
13. A Feme Covert is possessed of a Several piscary for years, the reversion to the Queen, the husband is outlawed in a personal action, which is reversed; the Queen reciting this matter granteth this land to the husband, and after releaseth to the wife, and to the heirs of her body for etc. this is etc.  
14. Disseisor of a Manor to which a Villeyn is regardant giveth the Manor etc. to husband and wife, and to their heirs; the Villeyn purchaseth land in Tail, the husband enters, the Disseisee enters, the husband dieth, the wife enters, the land purchased by the Villeyn is not &c.  
15. Father and son, the father giveth land to the son and his wife, & liberis suis, with warranty to the son and his wife, and to the heirs of their body for 10 years, they are impleaded within the 10 years, and lose, and have in value, the years expire, the husband dieth, the wife enters, this is not an estate in Tail for jointure, but for life.  
16. Tenant in Taile leaseth by deed to a woman for 40 years, and hath issue and dieth, leaving assets, the issue enters, the woman recovereth by writ of Covenant, she enters and taketh husband, the issue releaseth to the husband and wife, and to their heirs begotten etc. 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 felony, Tenant for life dieth, I. S. enters, the issue of I. D. recovereth the remainder, by indenture after it is declared that the recovery was to the use of the recoveror and his wife, and to the heirs of the body of the recoveror begotten upon his wife and A. G. the recoveror dieth, the wife enters; this is not &c.  
18. Disseisor maketh a gift in Tail, Ann. 1. H. 8. the Donee hath issue and dieth, the issue in 12. Eliz. grants pasture for 10 years to the Disseisee and his wife, & haredibus duobus of their body, for the jointure of the wife in consideration of a release from the Disseisee, the issue and the husband die, the wife useth the pasture; this is not &c.  
19 Land is devised to I. S. for life, the remainder to a husband in frankmarriage for etc. I. S. and the Devisor die, the husband enters and dieth, the wife enters, this is not an Estate made etc.  
20. Five acres of land adjoining to the Sea are devised to husband and wife, & haeredibus suis maseulis for etc. Five other acres adjoining thereunto the Sea forsaketh into which the husband and wife enter; this is not any estate made in the five acres newly gained etc.   

III.  
What shall be said an Estate made to the husband and wife for their lives, or for the life of the wife in hereditaments for a jointure intended by this statute.  
1. LAnd is given to A. and B. and to the heirs of B. B. leaseth this to a Feme sole for life, the Leasor grants to the said Feme and I. D. common for 10 years out of the said land during their lives for the jointure of the Leasee, and after marrieth her: A. and D. die; this is an estate conveyed for life as an Hereditament etc.  
2. I. S. seized of the Manor of D. a Tenant of the Manor is attainted of Felony, I. S. granteth 10. l. out of the Manor 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 etc. that is to the wife during the life of the husband, and to the husband during the life of the wife; the husband dieth, the wife agreeth to the Rent; this is not &c.  
3. The Queen grants a Rend charge of 20. l. out of the Manor of D. to I. S. in Fee, and bargaineth and selleth the Manor 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 etc. the husband dieth, the wife assenteth; this is etc.  
4. A Villeyn is granted by bargain and sale not indented, but omnibus ad qu●s etc. to the husband and wife during coverture, and after to the survivor for etc. the husband dieth, the deed is introlled within six months, the wife useth the Villeyn; this is an estate for life etc.  
5. I. S. seized of a signory in the right of his wife, granteth it to the Tenant, the remainder to husband and wife quans diu se beve gesserint, the Tenant I S. and the husband die, the wife distreineth for the Rent; this is not &c.  
6. A Manor imparked is devised to one and his heirs semales, the Devisor dieth; the Devisee hath issue two daughters and dieth, the Park is allotted to the elder, the Manor to the younger; liberty to hunt and to kill a Buck and a Do is assigned for equality, the younger granteth this liberty to the husband for life, the remainder to the wife until I. S. be promoted to a benefice for etc. the younger and the husband die, the wife useth this liberty; this is not &c.  
7. Two grant an annuity of 10 l. jointly and severally to I. S. in Fee, who granteth it to husband and wife; to the husband for the life of I. D. to the wife until one of the sons of I. S. accomplish the age of 21 years for etc. the husband dieth, the wife accepteth this annuity; this is etc.  
8. I. S. constituteth the Custody of his Park to be an office, and granteth the same office to I. D. for 10 years, the grantor confirmeth this estate for 20 years, the remainder to his wife for her jointure until he pay to I. S. 20 l. the 20 years expire, the husband dieth, the wife useth the office, this is not &c.  
9 The Queen maketh livery of a Manor, to which an advowson is appendent cum pertinent. to the heir being within age, the heir presenteth, and giveth the advowson to husband and wife in special Tail for etc. the husband dieth without issue, the wife presents; this is not an estate etc.  
10. The Master and Scholars of Saint john's in Cambridge grant a Rend charge of 40 s. out of their College, to husband for life, the remainder to the wife for so many years as she shall live for etc. and after infeoffeth them of the Manor of D. the husband recovereth in a writ of annuity and dieth, the wife enters, and demandeth the Rent; this is etc.  
11. A. and B. seized of a Rectory, give it rendering Rend, and if it be arrear that A. shall enter and detain for his life, and after his death the remainder to his wife, until I. S. taketh a wife for etc. 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 assize against the Lord and Villeyn; the Lord disclaimeth, the Tenant enters, the Lord giveth his signory to the Tenant and his wife for a year, & sic de anno in annum during their lives, the husband dieth, the wife distraineth; this is not &c.  
13. I. S. seized of land of the part of the mother, maketh a feoffment reserving a Corody certain, and dieth without issue, the heir of the part of the mother deviseth the Corody to I. D. and his heirs, during the life of I. N, the remainder to his wife in perpetuum to her own use, I. N. and the husband die; this is an estate made for life etc.  
14. Bastard, & mulier, the Bastard enters and grants a Rend charge to the husband for 10 years, and if the Bastard die during the term, that this shall remain to the wife for a jointure, the Bastard dieth during the term without issue, the Mulier enters; the husband dieth, the wife accepteth the Rent, this is not &c.  
15. I. S. hath wreck of Sea in the Manor of I. D. by prescription, he grants this for two years to I. D. and after grants it to Feme Covert, and I N. for their lives for etc. and before attornment granteth it to another, the Tenant attorneth to the two grantees, the husband dieth, the wife claimeth it, this is etc.  
16. A Prebendary maketh a lease of a hundred to Baron and feme and their son for life, rendering the accustomed rent with a condition for nonpayment for etc. they make partition; the Prebendary, the son, and the husband die; the Rent is arrear, the successor enters, the wife enters; this is not &c.  
17. The Queen reciting, whereas she hath manumitted a Villeyn, where in truth she had not, confirmeth the manumission, and further doth manumit him, and after granteth him to the husband for his life, the remainder to the wife in forma praedicta, for etc. the husband dieth; this is not &c.  
18. Son, 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 etc. the husband purchaseth parcel of the land of the father; the father and the husband die, the wife agreeth; this is etc.  
19 The Chief Justice of the Common Place being non compos mentis, granteth the office of pregnotoriship to husband and wife for etc. the Chief Justice is removed, the husband dieth, the wife assents to use the office; this is not &c.  
20. View of frankpledge is granted to a feme during the life of I. S. she marrieth; the grantor granteth the said liberty to the husband and wife for etc. the wife surrendreth her interest, this is etc.  
21. Husband and Wife joint-tenants make a gift in Tail to A. and B. to have the one moiety to A. the other to B. reserving Rend to them and to their heirs for etc. Livery is made accordingly, the husband and B. die, the wife enters into the moiety, and accepteth the Rent; this is not an Estate made for life in the Rent for a jointure.   

iv  
What shall be an Estate or purchase to the Husband and Wife, or to any other person to the use of the Husband and Wife, or to the use of the Wife in manner afore expressed, and what not.  
1. I. S. and I. D. joint-tenants, I. S. releaseth to I. D. in Fee, during the life of A. S. to the use of I. D. and A. S. who shall be his wife for etc. they intermarry, I. D. dyeth, the wife enters; this is etc.  
2. Before the Statute of 27. H. 8. I. S. maketh a Feoffment by Deed to two, and to the heirs of one to the use of his last Will, which is annexed to the Deed, and is to the use of himself and his wife for etc. and after to the use of I. S. in Fee, the Statute is made, he who hath the Fee and the husband die, the wife entereth; this is not &c.  
3. Tenant for years rendering rend, the Reversion is granted to I. S. in Tail to the use of husband and wife, and his heirs begotten of the wife for etc. 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 etc.  
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 etc. I. S. dyeth, the wife entereth, 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 entereth; this is not &c.  
6. Cestuy à que use of the Manors of D. and S. willeth that his Feoffees shall make an Estate to I. S. and his wife of the Manor of D. for their lives for etc. and maketh no Executors, after he maketh another Will of the Manor of S. and willeth that they shall make an Estate thereof to I. S. and maketh Executors, the Statute is made, I. S. dyeth, the wife entereth into the Manor of D. this is etc.  
7. A Villain is granted to I. S. in Fee before this Statute to the use of husband and wife for etc. until I. D. grant 10 l. rend to them I. D. dyeth, the Villain flieth into another County, and is attainted of Felony, and purchaseth the Manor of D. I. S. enters, the Villain is executed, the husband dyeth, the wife enters into the Manor; this is not &c.  
8. Tenant in Taile bargains and sells his Land to I. S. for life, and after teleaseth to the said, I. S. in Tail to the use of his wife, for her life etc. the Statute is made, the Tenant in Taile Disseiseth I. S. and maketh a Feoffment, I. S. and the Tenant in Taile die, the issue of the Tenant in Tail, and the wife intermarry, she enters, this is etc.  
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 etc. A. marrieth; I. releaseth to the husband and wife in special Tail, the husband dyeth, the wife reciting that she is Tenant in Taile maketh a Lease for years; this is not &c.  
10. A Seignory is given to I. S. being attainted of Felony, to the use of the husband and wife during the life of the wife, for etc. the Tenant is disseised, the Disseisor ceaseth, I. S. recovereth in a Cessavit against the Disseisor, and enters, the Statute is made, the husband dyeth, the Disseisor being within age marryeth the wife; this is etc.  
11. A Villain by assent of the Lord, is inseoffed to the use of the husband and wife, for etc. before this Statute the Lord enters, and infeoffeth the Villain, the Statute is made, the husband dyeth, the wife enters; this is not &c.  
12. I. S. Covenanteth at this day, in consideration of a release made by I. D. to him not enrolled, that he will stand seized 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 etc. I. S. dyeth, the wife enters; this is not &c.  
13. Husband and Wife levy a fine to two, the husband intendeth it to the use of I. D. for life, and after that he shall marry, then to the use of his wife during her life, for etc. the wife intendeth it to herself 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 etc.  
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 Midsummer covenanteth by Deed enroled that he shall be seized 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 ten years expire, the heir apparent marrieth, the husband dyeth, the wife enters, this is etc.  
15. Lord, Mesne, and Tenant, an Infant by Knight Service, and a Hawk yearly; the Mesne disseiseth the Tenant, and deviseth the Mesnalty to the parson of D. to the use of the husband and wife, and the heirs of their body begotten for etc. and dyeth, the Tenant enters, the husband dies, the wife distraineth for the service; this is not &c.  
16. I. S. inseoffeth I. D. to the use of the husband and wife, and the heirs of the husband, for etc. 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 etc.  
17. I. S. in consideration of affection which he beareth to his son, covenanteth that he and his heirs shall stand seized of Common, which he hath pro omnibus averiis to the use of the son 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. dies, the wife useth the Common; this is not &c.  
18. I. S. covenanteth with I. D. in consideration of a marriage, to be betwixt A. his son and B. that his Manor of D. after his death shall remain to A. his son, and B. his wife in Fee, for etc. the Father and A. die, the wife enters; this is not &c.  
19 Husband and Wife, I. S. inseoffeth the husband to the use of the husband and wife in Tail, for etc. 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 jointure; this is etc.  
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 etc. 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. dies, the Lord and Feme intermarry, the Lord enters; this is not &c.  
21. Lord, and Tenant, the Lord granteth the Seignory to the Tenant, and I. S. to the intent to grant it to husband and wife during their lives, for etc. they grant it, and deliver the Deed to the wife, the husband disagreeth and dies, the wife claimeth it; this is etc.  
22. A. Cestuy que use, the Feoffees bargain 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 himself and his wife during their lives, for etc. I. D. dyeth, the wife entereth; this is etc.  
23. Land is given to husband and wife in Fee rendering Rend, to the use of the husband and wife during their lives, the husband maketh a Feoffment upon condition, and entereth for the condition broken, the Statute is made, he dies, the wife enters; this is etc.   

V  
Where the Wife shall have a Jointure and also Dower, notwithstanding this Statute, and where she shall not have Jointure, neither Dower, notwithstanding the words of the Statute, that is, any Law, or provision made to the contrary thereof notwithstanding.  
1. I. S. hath Land in burrow English, and hath issue two sons, Land is given to the elder son and his wife, for their lives rendering rend for etc. and after the wife of the son is endowed, ex assensu patris, the son 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 etc. the husband dyeth, the wife occupieth the Dower, I. S. dyeth, the wife entereth, she shall have this jointure and Dower also.  
3. A Villain is given to husband and wife in frank marriage, the remainder in Fee to the husband for etc. the father of the husband dyeth seized 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 etc. after which Land is given to the husband in Tail, upon condition that if he die without issue, the Donor shall enter, the husband dyeth without issue, the wife shall have this Land and Dower also.  
5. Tenant in Tail 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 virtue of an Elegit, as a chattels 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 etc. I. S. and I. D. die, the wife shall have both Jointure and Dower.  
6. Grandfather, father, and son, the father disseiseth the grandfather, and taketh a wife, the father surrendreth certain Copyhold land to the use of himself and his wife, and the heirs of the husband, for etc. the father dies, the son enters, the grandfather dies, the wife shall have this Jointure and Dower, but not of this Land.  
7. Disseisor granteth a rend charge in Fee, to I. S. and is disseised by A. I. S. takes a wife, the first Disseisee releaseth to A. who pays the rent, I. S. deviseth all his Tenements to his wife for her jointure, having no Tenements but the rent, and after purchaseth the Manor of D. and dyeth, the wife shall not have this jointure nor Dower of the rent.  
8. Land is devised to A. upon condition that he shall grant a rent of 10 l. per annum out of it, to I. S. and his wife, for etc. 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 years, the wife bringeth a Writ of Dower, the Tenant pleadeth unques seisique dower, this matter is found, the wife shall have jointure and Dower.  
9 Land is given to husband and wife in Tail with Warranty; they lose and recover in value against him, who hath nothing, the husband and I. S. being joint-tenants agree by Deed, that after 5 years ended, they shall hold in severalty, the husband dies within the 5 years, the wife hath Dower assigned, she shall have both.  
10. Disseisor maketh a Lease for years, to I. S. the Disseisor and Disseisee release to him and his heirs so long as D. hath issue of his body, Land is given to I. S. and his wife, and to the heirs of the survivor, for etc. with a grant that if they are evicted that they shall enter into the Manor of D. and detain it until they assure so much in value, for etc. the jointure is evicted, the husband enters, and dies, the wife enters, she shall have this Land and Dower, and so she should if other Land were assured to her for it.  
11. A. grants a rent in Fee, to I. S. who taketh wife, the father of the wife is Disseised, the Disseisor dies, a Collateral Ancestor releaseth with Warranty, and dies, the father dies, the heir grants the Land to I. S. and his wife, for etc. the husband dies, his heir bringeth a Writ of Annuity, the wife shall have this Land and Dower of the rent.  
12. Tenant for life, and he in the Reversion grant a rend charge of 10 l. to I. S. in Fee, a Seignory by fealty, and rent is granted to I. S. and his wife, for etc. the wife elopeth from her husband, the husband dyeth the Tenant atturneth to the wife, this is no jointure, 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 himself, his wife, and his heirs, for etc. the father of I. S. is disseised and dyeth, I. S. enters, and dies, the wife shall not have this Jointure nor Dower of the Land; but Dower of the Land purchased.  
14. Lord, and Tenant, the Tenant is attainted of Felony, and committeth treason, for which he is attainted, the Lord enters, and gives the Land to the Tenant and his wife for years, upon condition that if the Lord doth not pay 20 l. to the husband and wife at a certain day, that they shall have it in Tail, for etc. the husband dies before the day, the money is not paid, this is a Jointure, and the wife shall not have Dower.  
15. A. enseoffeth I. S. and B. and makes Livery to I. S. who taketh a wife, Land is given to them in special Tail, for etc. they levy a fine, I. S. dies, a pracipe is brought against B. he disclaims, the heir of I. S. enters, the wife shall not have Jointure nor Dower of the Land, but of other Land she shall have Dower.  
16. A Signiory is given to husband and wife for their lives, for etc. the Tenant aliens in Mortmain, the husband enters and dies, the wife enters, and challengeth Dower, the heir assigneth Dower, the wife shall have this Land and Dower to her assigned.  
17. Two Infants enseoffe the husband of one to the use of the wife, for etc. the other to the use of the husband of her who did limit the use to the other, the husband dies, the other releaseth to the husband and wife in tail, the husband dyeth seized of Land in Fee, the wife brings Dower, he pleads unques accouple in loyal Matrimony, the Bishop certifieth the contrary, she shall have Dower and Jointure.  
18. A seized of Lands in Gavil-kinde, taketh a wife, Tenant for 40. years, grants his Estate to the wife for 21. years, the Lessor releaseth to the wife for life upon condition, that if he pay 10 l. at a certain day, that then &c. the husband dyeth, she taketh another husband, they bring a Writ of Dower, and are barred, the Lessor pays the money and enters, the wife shall not have jointure nor Dower.  
19 I. S. disseiseth one to the use of A. Tenant for life, and he in Remainder in Fee, grant Land to I. S. in Fee, Tenant for life to the use of his wife for her life, for etc. he in Remainder to the use of I. S. in Fee, I. S. dyeth, the heir of A. enters, the wife shall have this jointure and Dower also.  
20. A rend charge issuing out of Lands in several Counties, and in the hands of several persons is granted to husband for life, the Remainder to his wife for her life for her jointure, the husband dies, the Tenant attorns to the wife, she shall not have this jointure nor Dower.   

VI  
What shall be said a Lawful expultion or eviction of a Jointure, or any part thereof by Lawful entry without fraud, or covin, intonded by this Statute, and what not.  
1. Disseisor grants a Rend Charge to husband and wife for their lives etc. 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 etc. 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 etc. 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 etc. and if it were, she should have Dower.  
3. Land is given to the husband, and I. S. for their lives, for etc. rendering rend, and if it be behind by the space of one quarter of a year, that then &c. the husband dies, 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 lawful, but no such eviction etc.  
4. Tenant in Taile Remainder in Fee, granteth the Land to Baron and Feme before marriage for life etc. he in the Remainder disseiseth the husband, an Ancestor of the wife releaseth with WArranty, Tenant in Taile dies without issue, the husband and Ancestor die, this is etc.  
5. Husband seized in right of his wife of a Manor, to which an Advowson etc. gives the Manor cum pertinent. to I. S. and his wife in Tail, for etc. the Tenants do not attorne, the husband, and I. S. die, the Church becometh void, the wife of the Donor distraineth for the Rents, and presents to the Church, this is not an eviction whereby she shall have Dower.  
6. A man makes a gift in Taile rendering Rend upon condition, a common recovery is had against him, he who recovereth, opens a Mine, and grants it to the husband and wife for etc. the rent arreare, the husband dies, the wife agrees, the Mine is expended, the Donor enters, this is not an eviction etc.  
7. A Rent is granted to husband and wife, and to the heirs of the husband, out of the Land of two Joint-tenants, the one attornes, the other dies, the husband grants the rent to I. S. and his wife, and to the heirs of the body of the wife before Marriage, the husband dies, Tenant and his wife intermarry I. S. dies, this is an eviction etc.  
8. Tenant in Taile giveth a Message to husband and wife, and I. S. Successive for etc. according to the Statute, the husband dies, the wife assents, and after the Message is consumed by tempest, Tenant in Taile dies, the issue enters, this is not an eviction etc.  
9 A recovery is had by I. S. which recovery is had to the use of I. S. until he shall make a Lease to Baron and Feme for their lives, for etc. 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 entereth into it, this is not an eviction etc. and yet the wife shall not have it again.  
10. An Infant Tenant in Tail, remainder for life, the remainder in Fee giveth the Land to husband and wife in Tail, for etc. and dyeth without issue, the husband dies, the wife agrees, an Ancestor of him in remainder in Fee releaseth with Warranty, and dyeth, Tenant for life claims the Land and dies, he in remainder enters, this is not a lawful entry, and yet the wife shall have Dower, but she shall have but an Estate for life, and not an Estate Taile.  
11. The son disseiseth his Father of Gavelkinde Land, and Land at the common Law, and grants it to husband and wife, for their lives etc. the husband dies, the wife enters, and marryeth the son, the Father and son dies, his issue enters, this is an eviction, and yet she shall not have Dower but for parcel of that which is evicted.  
12. Disseisor bargains and sells Land to husband and wife, and to the heirs of the husband for the Jointure of the wife by Indenture, the Disseisee releaseth to the Disseisor upon condition, the Deed is enroled, the wife elopeth from her husband who dyeth, the wife enters and maketh a Lease for years of part without any rent, the condition is broken, the Disseisee enters, this is an eviction, but she shall not have Dower.  
13. Grandfather, father, and daughter, the daughter disseiseth I. S. and enfeoffeth the grandfather who dyeth, the father grants the Land to the daughter and I. D. her husband for their lives, for etc. the remainder to A. for life, the father and I. D. die, I. S. marrieth the daughter, and claims the Land, this is an eviction, and if she be newly endowed, and this is evicted, she shall never have Dower.  
14. Land is given to A. S. and husband and wife in Fee, the husband before this Statute gives the Land to A. D. and his wife in Tail, for etc. 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 etc. he dies before the Feast, the husband tenders the money and dies, the wife enters, the third joint-tenant claimeth all, this is not lawful.  
16. A man deviseth Land to I. S. and by the same Will deviseth it to I. D. and his wife in perpetuum during their lives for a jointure etc. 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 says 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 seized of Land of 20 l. per annum taketh a wife, A. gives Land to the value of 20 marks per annum to the husband and wife as long as I. S. hath issue, the husband dies, the wife enters, I. S. dieth without issue, A. marrieth the wife, this is an eviction, and she shall have a Writ of Dower.  
18. A. maketh a Lease for life, of 100 Acres parcel of a Manor, and after enfeoffeth I. S. and his wife of the Manor without Deed. I. S. and his wife grant the Manor to I. D. for life, the remainder to his wife for her life, rendering rend for etc. 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 joint-tenants give Land of the value of 20 l. per anuum, to husband and wife in Tail, for etc. upon condition, that if one of them pay 20 l. at a certain day, that then he shall enter; the other joint-tenant and the husband build upon the Land, whereby it is improved to the value of 30 l. and die, the money is paid, he enters, this is an eviction, etc. and the wife shall recover her Dower to the value of 15 l.  
20. Land is given to husband and wife, for their lives before marriage, for etc. they marry, a praecipe is brought against them, the husband prays in aid of a stranger, the Leassor enters, the husband dies, this is not such an expulsion whereby she shall have Dower.  
21. A. maketh a Lease for years, and after ousteth the Termor, and gives the Land to a Feme for life before marriage, for etc. the husband and wife are disseised, the husband dies, the Termor enters, this is a lawful eviction whereby she shall have Dower.   

VII.  
What shall be said an expulsion or eviction of her Jointure without fraud or covin by lawful 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 etc. the husband felleth Trees and 〈◊〉, the wife enters, the Vendee cuts them, the Leassor recovers in a Writ of Waste, and hath Execution, this is an eviction by lawful action, and yet the wife shall not have a Writ of Dower.  
2. A Signiory by fealty, and rent is given to Baron and Feme in Tail before marriage for etc. the remainder in Fee, a Tenancy escheateth, the husband leaseth the Signiory to A. who recovereth in a Cessavit, and dies, his heir enters, the husband dies, this is an eviction by lawful action, and the wife shall recover but an Estate for life to the value of the Tenancy.  
3. An Infant having a Reversion, depending upon an Estate for life, disseiseth Tenant for life, and maketh a Feoffment, and at his full age, the Feoffee giveth the Land to him and his wife in Tail for etc. 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 etc. the remainder in Fee, a praecipe is brought against the husband and wife, they pray in aid of a stranger, he in remainder bringeth entry ad communem legem by covin of the wife, and recovereth, the husband dies, the wife enters, he who recovereth, enters; this is not &c.  
5. Tenant in Tail of a rent, purchaseth the Land, out of which &c. in Tail, and giveth it to Baron and Feme for their lives, for etc. 50 years expire, Tenant in Taile and the husband die, the wife enters, the issue bringeth a Formedone of the rent, and recovereth, and is put in execution, this is an eviction, and the wife shall have to the value of the rent.  
6. Land is granted to Feme covert for life, for etc. he in reversion grants it by fine, the Conusee bringeth a scire facias, the husband claimeth Fee, and it is found against him, whereby judgement is given, the husband dies, the wife enters, the Recoveror enters, this is not an eviction etc.  
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 Tail for etc. Tenant for life bringeth a consimili casu, and recovers, the wife enters; this is not an eviction etc.  
8. An Infant giveth a Park to a Feme covert for life, for etc. 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 etc. whereby they recover, this is a lawful eviction, but she shall not have a Writ of Dower.  
9 Land of the value of 20 l. per annum, is granted to a Feme for life, rendering 10 l. per annum etc. she marryeth, he who hath right, recovereth the Land by Covin of the husband, and hath execution, the husband being Tenant in Taile dies, having Land to the value of 10 l. per annum, the wife shall have it discharged of the rent.  
10. Leassee for life rendering rend, the Leassor disseiseth him, and maketh a Feoffment, the Feoffee dies, his heir giveth the Land to the Leassor and his wife in Tail, for etc. Tenant for life bringeth a Writ of Entry in the Post, and recovereth, and hath execution, the husband dies, the wife shall have Dower and shall, recover for her life, the rend not recovered in value.  
11. I. D. hath issue two sons and dies, the elder son makes a Lease for years, and hath issue a daughter and dies, the younger son ousteth the Termor and dyeth, his issue giveth the Land to husband and wife for their lives etc. before marriage, the Termor brings an ejection firm and recovers, and enters, this is not an eviction by lawful action, but yet the wife shall have Dower.  
12. Disseisee giveth Land to Husband and Wife rendering Rend, and for nonpayment a reentry for etc. a praecipe is brought against them by a stranger, they vouch a stranger, the Disseisee releaseth to the Vouchor, the Demandant is nonsuit, the Disseisee bringeth an action by Covin of the Husband, and recovereth and hath Execution, this is a lawful eviction etc. and the Wife shall recover only for life discharged of the Rent and of the condition.  
13. Land is given to I. S. and to her who shall be his wife before marriage, they marry, the husband dies, the Wife enters; this is an eviction etc.  
14. I. S. seized of Land grants a rent out of it after this Statute to a woman in Tail, for etc. they marry, the 
See 32. H. 8. cap. 28.  husband bargains and sells the Land to the King who dies, the husband dies, this is not a discontinuance, and yet the wife shall have an action to recover Dower.  
15. Land is given to I. S. for life, the Remainder to her who shall be his wife for life, for etc. before this Statute, they intermarry, 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 Tail, for etc. the Husband before this Statute enfeoffeth the Donor, and I. S. the Donor, and the Husband die, this is an eviction by discontinuance, wherefore &c.  
17. Land is given to I. S. and a Feme sole for their lives, for etc. the Feme marryeth, I. S. maketh a Feoffment upon condition, and enters for condition broken, the husband purchaseth the Reversion. I. S. dies, the husband enters, and grants a moiety to one for years, and if he pay 20 l. at Michaelmas, that he shall have Fee, the Husband dies before the day, the money is paid, this is etc.  
18. Land is given to a Feme before Coverture for life, for etc. the Remainder to the right Heirs 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 dies, this is no eviction by discontinuance, whereby, etc.  
19 Land is given to a Feme before coverture for life, for etc. he who shall be her Husband disseiseth her, she marries, the Husband makes a Lease to A. for life, and granteth the Reversion to B. in Fee, who grants it to C. A. and the Husband dies; this is etc.  
20. Land is given to I. S. and his wife before coverture, in Tail, for etc. 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 etc. a stranger confirmeth her Estate with Wartanty, I. S. bringeth a praecipe and recovereth, the wife hath in value, the Husband and he in Reversion make a Feoffment before the Statute, the Husband dies; this is not an eviction by discontinuance of the Jointure, and yet she shall recover Dower.   

VIII.  
What shall be said a Jointure assured before Marriage, and what shall be a Jointure assured after Marriage etc.  
1. A Signiory by fealty, and rend before Marriage is granted to Baron and Feme for &c. they marry, a tenancy escheateth, the husband enters and dies, this is a Jointure in the Tenancy assured before marriage.  
2. I. S. contracts with A. and before marriage concludes with B. that he will recover the Manor of D. and that this shall be to them in Tail for etc. B. bringeth a Writ of Entry which is returned, they marry, B. recovereth, and enters, this is a jointure after marriage.  
3. I. S. Leaseth to two for years rendering Rend, and grants the Reversion to Husband and Wife for their lives for etc. one Attorneth before marriage, and the other after marriage, this a good jointure before marriage.  
4. I. S. Gives Lands in Tail to Baron and Feme before marriage with Warranty, for etc. they are impleaded and lose and have in value after marriage, this is a jointure assured before marriage in the Land recovered in value.  
5. I. S. enfeoffeth I. D. to the use of himself until he marry, and after that he marrieth, then to the use of her who shall be his wife for her life, for etc. this is a jointure after marriage etc.  
6. I. S. grants Land to a Feme for 10 years, and if he after marry her, than she shall have it for her life, for etc. they marry; this is a jointure before marriage.  
7. I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth, that he shall be seized to the use of him and the said A. for their lives, for etc. they intermarry, the Deed is enrolled; this is a jointure before marriage.  
8. After affiance betwixt I. S. and A. S. they conclude that a fine shall be levied of the Manor of D. for etc. the Note is acknowledged before the Chief justice, they marry, and after a Writ of Covenant is brought, and a fine levied, this is a jointure after marriage.  
9 I. S. and A. marry before years of consent, Land is given to them for their lives, for etc. at the years of consent they agree, this is a jointure after marriage.  
10. I. S. maketh a Deed of Feoffment to A. with a Letter of Attorney, which Feoffment A. doth express to be to the use of himself, and her who shall be his wife for their lives, for etc. they marry, the Attorney maketh livery, this is a jointure after marriage.  
11. I. S. disseiseth one to the use of A. and B. whom he intends shall marry for a jointure etc. A. and B. enter, and after the Disseisee releaseth to the wife for her jointure, this is a jointure after marriage.  
12. Land is given to A. S. and her who shall be his wife, for etc. they marry, the wife enters, this is a jointure in the moiety, which she shall have by survivor, and before marriage.  
13. A. deviseth that his Executor shall give the Manor of D. to I. S. and A. D. who shall be his wife for their lives, for etc. they intermarry, the Executor grants the Manor accordingly, this is a jointure before marriage.   

IX.  
What shall be said a refusal of her Jointure intended by the Statute, and what not; what shall be said an agreement etc. and when the refusal to the agreement shall be peremptory to the party, although an Infant or a Feme Covert. Refusal and agreement ought to be certain, and cannot be by implication where it standeth indifferent.  
1. LAnd is assured during the coverture to Baron and Feme for their lives, for etc. the wife enters not, a praecipe is brought against her, she disclaimeth, or pleadeth non-Tenure; this is a refusal of the jointure.  
2. Land is given to husband and wife for their lives, for etc. the husband dies, the wife bringeth a Writ of Dower, and appeareth in person, or by Attorney authorized; this is a refusal; otherwise if she doth not appear in person nor by Atterney, and if she sue the Writ, and the Tenant is not summoned; this is no refusal; otherwise if the Tenant were summoned.  
3. Land is assured to husband and wife for etc. the heir cometh to the wife, and demands if she will have her jointure, and she says that she will not have it; or if she say so to a stranger, this is not a refusal peremptory, but if she saith so upon the Land whereof she is Dowable to the heir, and prayeth him that he will assign her Dower; this is a refusal peremptory to the jointure etc.  
4. A house is assured to a husband and wife for etc. the wife immediately upon the death of her husband, departeth from the house which was assured, to another house; this is no refusal.  
5. Land is given to husband and wife, rendering Rend for etc. the husband dyeth, the Rent being arreare is demanded, the wife refuseth to pay it, yet this is not a refusal of the jointure.   

X.  
What is an agreement, and how this aught to be after Coverture.  
1. LAnd is given to Husband and wife for their lives etc. the husband and wife levy a fine to a stranger, the husband dies; this is no agreement etc.  
2. Land is given to Husband and wife being Infants, for etc. the husband dies, the wife being within age takes another husband, she taketh the profits, or maketh a Lease before Entry, or grants a rent out of it; this is etc.  
3. Land is given to husband and wife for etc. he dies, the wife before entry granteth a Rent out of all her Land in D. where she hath no other Land, but her jointure 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 etc. the husband dies. The wife before Entry surrendreth to the heir of the husband; this is an agreement etc. so an Attornment is an agreement, etc.   
FINIS.   

The Reading of Thomas Risden in the Inner Temple, made in the 20th year of the Reign of our late Sovereign Lady Queen Elizabeth, upon the Statute of 8. H. 6. chap. 9 of forcible Entry etc.  
AT the Common Law before the making of any of the Statutes of forcible Entry, every man might have entered 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 detain his goods and Chattels out of the possession of a stranger with force, and the effect of the issue in Trespass thereupon brought, was upon the title of the Parties, and if found for the plaintiff, he was by that excused of the force; but than if any man were found guilty of any such Entry with force, the justices would assess 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 murder, manslaughter or the like mischief, than had not the officers any thing to do with the matter, although they were present at the same time: And thereupon cometh the Statute of 5. R. 2. cap. 7. which Statute in a manner prohibiteth, that it shall not be lawful for any man to enter into any Lands or Tenements with force, although his Entry be lawful; and this Statute maketh force material in any action thereupon brought: but yet this Statute doth not give any power to the justices of Peace to meddle with any such forcible Entry, except by a general 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 source, and detain also with force, that after this Entry, the justices 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 justices find any men holding the same place with force, that then they shall take them and commit them to the Goal as persons convicted of forcible Entry by their Record, there to continue until they have made a fine at the discretion of the same justices: 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 entered, be gone away before the coming of the justices, nor no pain ordained by this Statute against the Sheriff, if he will not execute the precept of the justices 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 remembered, as for the matters here ensuing, as it appeareth by the letter of the same Statute, the which Statute also maketh the force material as by the Statute of 5. R. 2. as well by way of inquiry, as by action; so every Party ought to mention the force in their several Pleas, but yet in any action brought thereupon, if the parties join their issue upon their special pleading, than such issue shall be always upon the title, and not upon the force, and for that if the title be found for the plaintiff, 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 general 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 etc. by which words in the first branch of this Statute, there was no only 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 etc. upon which words in the first branch of this Statute, I intent with your patience to show to you my simple conceit.  

I.  
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 than who shall be said a Party grieved to make complaint, and tender the costs by this first branch etc. 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 fare 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 door being open, and it is not known to what intent, and thereupon the parties aforesaid notwithstanding the Tenants are remaining in quiet without violence used, this is not any forcible Entry etc.  
3. If two or more enter the house of another in peaceable manner by the door 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 windows against the will of the Owner, and thereupon he threatneth the party, whereby for doubt he forsaketh the house; this is a forcibly entry.  
5. If a forcible Entry be made in the house of another for to fight with the party there dwelling, whereupon he for doubt departeth thence, and his enemies also; this is not a forcible Entry etc.  
6. If a man make a Lease for life, and after grant the Reversion to the same Lessee upon condition, which is broken on the part of the Lessee & thereupon the Leasor enters with force to gain the possession of the Land; this is a forcible Entry etc.  
7. The same Law is, if one alien in Fee, and the Lessor dyeth before any entry made, his son and heir enters with force for this condition broken in the life of his father; this is also a forcible entry etc.  
8. But if the Lessor enter with force to see if waste be made by the Lessee; this is not forcible entry by this Statute, although that he remain there all the day and night after.  
9 The same Law where the Lord distraineth for rent, where none is arrear, and that notwithstanding with force; yet this is not any forcible entry etc.  
10. If two or more are fight in a house the door 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 fight in the street at large, whereby one of them is hurt, and in jeapordy of his life, whereupon he who hurt him flieth into a house, and shutteth the door after him, others there present pursue him, and break the house to take him; this is not a forcible entry within this Statute.  
12. But if no such jeapordy of his life be, than they cannot break the house to imprison him, although it be done upon fresh suit; otherwise it is in the same Case if the door he open.  
13. If the Gaoler, or the Sheriff bring the Prisoners out of the common Prison to his own house, and for the safeguard of them he keepeth a force within his house; this is not any keeping with force etc.  
14. If the justices of Peace upon complaint to them made, come to the place where the force was, and find the door shut, and within the house there is but one sole person, who will not open the door, and suffer the justices to come in; this is a detainer with force etc.  
15. But if the justices of Peace come to the house where the force was, not coming for that, but for other business, 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 etc.  
16. If the justices of peace come to the place where the force was, and there find some persons arrayed in harnish; this is a force by the Statute.  
17. The same Law, if they are not so arrayed in harnish, but the harnish lying with them within the same house; this is a detainer with force etc.  
18. If a man hath two houses near adjoining, the one by a good title, the other by a defeasible title, he keepeth a force in the first house to beat them, who would enter into the house by defeasible title; this is a detaining with force within etc.  
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 etc.  
20. If a man claimeth Common to any Land, and the Land is detained with force when he would use his Common, or distrain for his rent; this is a detaining with force.  
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 etc.  
22. If a man hear that certain Fellows will come to his house to kill, beat, or rob him, whereupon he assembleth a force to assist him, in safeguard of his person or his goods; this is no detaining with force within etc.  
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 distrain his game there, whereby the Owner of the Park keepeth him out with force; this is not a detainer with force etc.  
25. If Tenant by Knight Service maketh a Feoffment upon condition and dyeth, his heir within age who performeth the condition, and enters into the Lands, whereupon the Lord seizeth him for his Ward, and defendeth that house where the Ward is, with source against others who claim him for their Ward; this is no detainer with force, etc.  
26. If in time of War a man enters into the Land of another adjoining to the Sea, and there remaineth with force to defend the Realm from Enemies; this is no detaining with force etc.  
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 rend arrear, he who is so disturbed of this rent, is no party grieved by this first branch of this Statute.  
28. A man seized of certain Land, to which Common is appendent, is disseised of the Common, and then aliens the Land to his son and dyeth, after which the Land out of which this Common is issuing is detained with force; the son 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 son is not a party grieved within etc.  
30. If a man be seized of Land in which such a forcible entry is made, and after dyeth before any complaint thereof made; his son and heir is not a party grieved by this Statute to make complaint etc.  
31. If a man make a Lease for five years upon condition, that if within the first two years, the Leassee pay to him 10 l. that then he shall have Fee, and Livery is made accordingly, there if any such forcible entry be committed within the five years, although that the condition be not performed; yet the Leassee is a party grieved by this Statute.  
32. A man possessed of a Term, maketh the heirs of I. S. his Executors and dyeth, the said I. S. being also then dead, leaving issue a daughter, his wife inseint with another daughter, the first enters into the Land, after which the other is born, and then such a force is committed; both the daughters are parties grieved by this Statute.  
33. A man deviseth Land by his last Will and dyeth, and before any entry made by the Devisee, such a forcible entry is made; the Devisee is not a party griveved by this Statute.  
34. If a man enter by disseisin to the use of another, who after agreeth thereunto, and a forcible entry is made, neither the one, nor the other is a party grieved by this Statute.  
35. If one enter by disseisin to the use of an Infant, who thereunto agreeth, and then such a forcible entry is made; yet the Infant is not a party grieved by this Statute.  
IN my first Reading, I have showed 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 etc. 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 justices 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 do 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 Gaol as persons convicted of forcible Entry by their Record, there to continue until they have made a fine at the discretion of the same justices, upon which words in the first branch, I intent with your patience to show unto you this day my conceit.   

II.  
What manner of persons are bound to go with the justices to remove the force, and what not, and how they shall be required and taken to do it, and their punishment upon refusal; and where upon the view of a force detained within this Statute, the justices may remove them, and where not; then where the justices 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 justices 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 Heresy, upon request made, is compellable to go with the Justices to remove a force.  
2. A man who is condemned by judgement in a praemunire, and who hath abjured the Realm, yet he is not bound to go before request with the justices to remove etc.  
3. But if he who hath abjured the Realm goeth not to the Port with speed as he hath abjured to do, then upon request he is bound to go with the justices 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 go with the justices to remove a force by this Statute.  
5. An Infant within the age of 14 years, or any woman sole or covert, are not bound by this Statute to go with the justices to remove a force.  
6. Every Apprentice, Servant, Villain or in guard, are also bound upon lawful request to go with the justices by this Statute to remove a force.  
7. Dukes, Earls, Barons, and all manner of Lords are also bound to go with the justices by this Statute to remove a force.  
8. A man who is in prison, or let out by bail to others for debt, or trespass, is not bound by this Statute to go etc.  
9 But he that is let out by Mainprize before request, is bound to go with the justices etc.  
10. If Hue and Cry be made at one end of the Town, and the justices require them at another end of the Town, they are bound to go with the justices to remove a force by this Statute.  
11. But if they have taken a Felon upon such a Hue and Cry, or that they are in pursuit of a felon at the time of the request, than they are not bound to go with the justices to remove a force by this statute.  
12. If the Sheriff, Constable, or Bailiff, by commandment of the justices, without any Warrant, Process, or Precept in writing, require any person to go with the justices to remove a force, they are not bound to do it by this statute.  
13. An officer (although that he hath sufficient authority so to require them) yet he cannot arrest or imprison them upon their refusal by this Statute.  
14. But the justices themselves may require them being in their presence by word only, without matter in writing, and upon their refusal imprison them, and assess a fine etc.  
15. If a forcible entry, and detainer with force be made upon the possession of a justice of Peace, he himself upon the view of it, cannot remove the force.  
16. But if upon such a force committed, they also assault the justice himself, than 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 justices come to remove the force, and before they can arrest them, they go into the other part of the house which is in another County, there they cannot remove the force, by this etc.  
18. If a man enter the house of another with force, and thereupon as they are fight together with the owner of the house which of them shall have the possession thereof, the justices come to remove the force, there they may remove the force with the Owner of the house, but not the house.  
19 If a man enters the house of another, and expelleth the Owner of the house, to one of part or end of the said house, and he who so enters detaineth the house with force, the justices being there, may remove the force, and commit the offender to prison by this Statute.  
20. The same Law is, if a house be in one County, in which there are men in harnish to beat them, who will enter into a house which he had also near adjoining in another County, the justices upon the view thereof, may also remove this force by this Statute.  
21. But if both houses so near adjoining are within one and the same County, than the justices may remove upon the view, and commit the offenders to prison by this Statute.  
22. If the justices are present in the same place upon other business where such a forcible entry is to be made, the justices when they are informed thereof, and before any detainer cannot arrest them, and commit them to prison by this Statute.  
23. If the justices come to remove a force, and upon arrest made the offenders escape into another County, the justices cannot arrest them, nor commit them to prison by this Statute although it be upon fresh suit.  
24. But if the justices upon their coming to remove a force, and before any arrest made, the offenders escape into another County, the justices 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, than the justices upon fresh suit may arrest, and commit them to the Goal by this Statute.  
25. If justices come to remove a force, and the offenders before any arrest make an escape for that time, but the morning after they are brought back again before the same justices to the same place by virtue of their precept, yet they cannot commit them, by force of this Statute.  
26. The same Law is, if the offenders before arrest escape for that time, and after on the same day, the justices meet them in another place yet they cannot commit them to prison by this Statute.  
27. If the justices in going to remove a force meet some of the offenders by the way in harnish, yet the justices cannot arrest them, nor etc.  
28. The same Law, if the justices meet some in harnish which are going to the said place to detain with force, yet they cannot arrest them, nor commit them etc.  
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 etc.  
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 himself also remaineth there with force, the justices may remove it by this Statute.  
32. If a forcible entry be made in the Land of another by the commandment of one who is not present, yet he who made the commandment 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 detain this with force, there all together are offenders as well for the entry, as for the detaining.  
34. If the justices come to remove a force, and before that they can arrest the offenders they escape from thence, upon that the justices may well Record this detainer with force by this Statute.  
35. If a justice 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 justice of peace, and after in the same year that he is Sheriff, he cometh to the plac where the force was, he cannot make a Record of this by the Statute.  
37. A woman being Sheriff by inheritance, marrieth with a justice of Peace, and upon a force made cometh 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 justices upon their coming 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 justices make a Record that they did see, where indeed there was no such matter, yet the parties cannot traverse it.  
40. If the justices come to remove a force, and a recuse 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 justices upon the view of the force there, record a murder, maim, or manslanghter, this is no Record by this Statute.  
I Have showed 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 do it, and the punishment upon refusal: 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 justices 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 coming of the said justices or justice etc. by which branch is remedied one of the mischiefs or defects remaining before, not remedied by the Statute of 15. R. 2. touching the departure of the Offenders before coming of the justices, 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 ensuing, it is ordained, That if it be found before any of the justices, that any do the contrary etc. 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 several branches of this Statute, I intent this day with your patience to show unto you my conceit.   

III.  
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 justices of Peace go to remove a force, and before their coming, the offenders are avoided, by force of which other justices than those who had the view, make inquiry, this is a good enquiry by etc.  
2. If the justices go to remove a force, and before their coming, the misfeasors are avoided, whereby the same justices a Month after or more make enquiry, this is a good enquiry by this Statute.  
3. If the justices of Peace, upon a force committed, and complaint thereof made, make enquiry thereof without going to the place itself, where the force was, this is also a good inquiry by this Statute.  
4. If the justices go to remove a force, and before their coming 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 justices upon the view of the force, make a Record thereof, and their Record containeth that the force was made with twenty persons, and the enquiry found it but with ten persons, this enquiry is not good by this Statute.  
6. If several inquiries be made by several justices upon the forcible entry, every one of them is a good inquiry by this Statute.  
7. If the justices in their enquiry of force present an inquest by persons not sworn to do it, and yet the enquiry maketh mention that they were sworn, than 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 jurors by whom such inquest is taken, are persons attainted of a false oath, or in decies tantum, or are ambodexters, this is not a good enquiry by this Statute.  
10. But if the inquest be taken by twelve in number above the persons attainted, than 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 jointly 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 seized until 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 seized until 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 inquest, yet the son shall not have restitution by this Statute.  
16. The same Law is, if it be found by inqnest that I. S. was seized until 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 died, the years expired, and before any entry made by the son, such a force is committed, the son shall not have restitution by this Statute.  
18. A man seized of Land hath issue a daughter and dyeth, his wife grossement inseint with a son, the daughter is ousted with force, and after the son is born, and all this matter is found by inquest, yet the son shall not have restitution, but the daughter shall have it.  
19 If it be found by inquest that I. S. was seized until 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 seized until I. D. ousted him with force, and also that I. D. was so seized until by I. N. disseised with force, there I. D. the first Disseisor shall have restitution by this enquiry against I. N. and thereupon I. S. shall have restitution also against I. D. and all upon the same verdict.  
21. If it be found by several inquiries, that a man is ousted with force by several 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, than he shall not have restitution upon the other of them by this Statute.  
22. If it be found by several inquiries, (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 inquiries etc.  
23. If it be found that I. S. was seized 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 joint-tenants were ousted with force, the one may have restitution upon this enquiry without his companion.  
25. If it be found that the father was seized until ousted with force, and died before any entry or restitution, yet the son shall not have restitution by this Statute.  
26. The same Law is, if a man be possessed of a Lease for years, and is ousted thereof with force, and dyeth before restitution, yet his Executors shall not have restitution by this enquiry.  
27. If Leassee for life, the remainder over in fee be, and the Leassee is ousted with force, and all this matter fowd by inquiry of the force, he in the remainder shall not have restitution by this enquiry.  
28. If it be found by inquest, that I. S. was seized until 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 jurors impanelled in 40 s. dat issues than is comprised within the Statute, yet the enquiry is good, and the party ousted shall have restitution by this Statute.  
30. If the jurors by whom the inquest is taken have not Lands, or Tenements, to the value of 40 s. per annum, yet the enquiry is good, and the party shall have restitution, etc.  
31. If it be found by enquiry upon this Statute, that the Land out of which one hath rend or common issuing, is detained with force, so that he cannot have this rent or common, yet he shall not have restitution by this enquiry.  
32. If the Lord lose his Ward, for that that he married him within the age of 14 years to his disparagement, and after during the minority of the Heir, the Land is detained with force, whereby he cannot distrain for his Rent, and all this matter is found by enquiry, yet the Lord shall nor have restitution by this enquiry.  
33. The husband and wife before issue had, are ousted with force, and then have issue, the wife dyeth, the husband by enquiry shall have restitution etc.  
34. If Leassee for life be ousted with force, and the Leassor entereth for the condition broken, and all this matter is found by inquest, yet the Leassee shall have restitution by this enquiry by etc.  
35. The same justices of Peace may before that enquiry be taken, put the party in possession again without any Writ, but no other justices can do it without Writ.  
36. The justices of the same County the record being before them, may award Execution by Writ, although they be not the same justices before whom the inquire was taken, but not without the same Record.  
37. If the justice who took the inquest be dead before restitution be made, yet the justices having the Record, may award Execution by this Statute.  
38. The justices of the King's Bench having the Record before them removed, may award Execution by this Statute by Writ, but not otherwise.  
39 If it be found that such a one is ousted with force, whereby he is restored to the possession, and after is ousted with force again by the same party, he shall not have restitution again by the same enquiry.  
THe Statute goeth further, that if any person be ousted or disseised of any Lands or Tenements, or ousted peaceably, and after detained with strong hand and arms out etc. This branch as it appeareth, Ordaineth, That if any person be ousted with force, or peaceably, and after holden out with force, he shall have an Assize of Novel disseisin, or a Writ of Trespass against the Disseisor, and this being so found, the party grieved shall recover triple damages; upon the words in this branch of this Statute, I intent this day with your patience to show unto you my conceit.   

iv  
What shall be said an ousting or disseisin with force within the branch of this Statute, and what not; what shall be said also a detaining with force within this branch, and what not; and who shall be said a party grieved to use any action, and who not; by this branch of the Statute, and then how and by what action he shall have his remedy so given by this branch of the Statute.  
1. IF a forcible entry be made in the Land of another, whereupon he waveth the possession without any violence to him made, this is a disseisin with force by this branch of the Statute.  
2. If the Disseisee enter upon the Disseisor, and oust him with force, this is not any entry with force by this branch of the Statute.  
3. The Disseisee bringeth an assize, and depending the assize the Disseisor dyeth seized; his Heir enters, upon whom the Disseisee entereth 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 distress 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 Cattles, and depasture the several 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 distrain his Tenant more often then Rend or Service are arrear, yet this is not any detaining by force by this Statute.  
8. But if the Lord improveth the Wastes with force, not leaving sufficient Common for the Commoners, this is a disseisin by force within the purview of this Statute.  
9 If a man distrain the Termor of another so often with force that the Leassee forsaketh his term, whereby the Lord cannot have his rent reserved, yet this is not any disseisin with force within this Statute.  
10. If Tenant by Statute Staple, or by Statute Merchant be ousted with force, this is a disseisin with force by this Statute.  
11. If Leassee for years, with the remainder over for life be ousted with force, this is not any disseisin with force by this Statute.  
12. If a man hath Common of Pasture in the Land of another, and a stranger with force disseiseth him of his Common, this is not any disseisin with force by this Statute.  
13. If a man hath a way appendent over the Land of another, and is disseised of his way by a stranger with force, this is not any disseisin with force by this Statute.  
14. A man hath Estovers appendent to his Manor, and after a stranger cutteth all the wood, and taketh it with force, yet this is not any disseisin with force by this Statute.  
15. If a man maketh a disseisin with force and Riot 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 he 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 distrain his Game there, whereby the other defendeth with force, this is not a detainer with force by this Statute.  
18. If after continual claim duly made, the Disseisor continueth in with force, this is a detainer with force by this Statute.  
19 If the Disseisor, after that he hath continued in quiet Possession for three years detaineth with force, yet this is not any detaining with force by this Statute.  
20. If the Disseisor, after that he hath continued Possessiou quietly for three years, and then the Disseisee maketh continual claim, and notwithstanding that the Disseisor continueth Possession with force, this is not any detaining with force by this Statute.  
21. If a man by good Title continueth Possession in quiet for three years, and then is disseised whereupon he reentreth, 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, than the other by himself is a party grieved by this branch.  
24. If the husband and wife seized 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 seized of Land, to which he hath Common appendent, 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 seized in right of his wife, and disseised with force, and after they have issue, the wife dyeth, the husband is a party grieved by this Statute.  
27. If the Lord be disseised of his services with force, and after the Tenancy escheateth, the Lord is not the party grieved by this Statute.  
28. Disseisee and Disseisor being both upon the Land, the Disseisee releaseth to the Disseisor, and then such forcible entry or ouster is made, the Disseisee is a party grieved within the purview of this Statute.  
29. A man seized of certain Land is outlawed in a personal action, and then a stranger depastureth the Land against the Statute of Westmin. 2. after that he had his Charter of Pardon, yet he is not a party grieved by this Statute.  
30. If the Tenant payeth the Rent to a stranger who no right hath, whereupon the Lord bringeth an assize and is nonsuit, and then the pernor of the Rent dyeth seized, and after the Tenant payeth it to another by distress with force, the heir of the first pernor shall be the party grieved by this Statute.  
31. If a man be ousted with force, and thereupon he reentreth, yet he is the party grieved to have an assize by this Statute upon the first entry with force.  
32. If a man be ousted with force, and the Land is also detained with force, the party so ousted is the party grieved by this Statute.  
33. If the father maketh a Lease for life to his eldest son, and is disseised with force, after which he dyeth, the son is the party grieved by the purview of this Statute.  
34. Land descendeth to two daughters, and the one enters generally, and a stranger entereth who hath no right, and ousteth her with force, she so ousted, may have an assize by this Statute.  
35. The party grieved by this statute shall have an assize of Novill disseisin, and by that he shall recover trouble damages.  
36. The same Law is, if an action of Trespass 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 assize, if the disseisin be found with force etc.  
38. But in an action brought upon this Statute, if the Jurors find for the Defendant by false oath, whereupon the party reverseth it by Writ of Attaint, in this case he shall recover triple damages in this Writ of Attaint.  
IN my last Reading, I have showed 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 ways that those keep by force their Possessions in Lands or Tenements etc. and upon these words in this branch or proviso, in the end of the Statute, I intent to show unto you this day with your patience my conceit.   

V  
What shall be said a continuance of Possession by three years within the proviso of this Statute, and what not; Then where he who hath so continued possession by three years within the proviso of this Statute, may justify 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 son, the Father dyeth, and the son therein continueth the Possession for one year more, this is not any continuance of Possession for three years within this branch or proviso.  
2. The same Law is, if the father disseiseth his eldest son, and continueth in Possession for two years, and the son after his death for one year 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 years in his own life time, and dyeth seized, whereby his son and heir entereth, and continueth Possession for one year more, this is a continuance of Possession etc.  
4. The same Law is, it the Disseisor continue Possession for two years in the life of the Disseisee, and one year after his death, this is a continuace for three years by this proviso.  
5. If the Disseisee make continual claim within three years, than 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 year 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 years, this is a continuance of Possession by three years within this proviso.  
8. If a man maketh a Lease for another man's life, who continneth Possession by two years, and then he for whose life etc. dyeth, and the Leassee continueth Possession one year after the death of he whose life etc. yet this is not any continuance of Possession by three years within this proviso.  
9 But if he had continued Possession by three years after the death of he for whose life etc. than this should be said a continuance of Possession by three years within this proviso.  
10. If the Disseisor maketh a Lease for life, the remainder over in Fee, and the Leassee holdeth in for a year and dyeth, after whose death he in remainder entereth, and continueth the Possession for two years more, this is not any continuance by three years within this branch etc.  
11. If Leassee for years continue Possession by two years, and then his term expireth, after which he holdeth in for another year, yet this is not any continuance of Possession by three years within the proviso.  
12. If a man maketh a Lease at Will, and dyeth, after whose death the Leassee continueth Possession by three years, this is a continuance of Possession by three years within this branch.  
13. If the Disseisor continue the quiet Possession by one year, and then maketh a Feoffment, and taketh back an Estate again, and then he continueth Possession by two years more, this is not any continuance of Possession by three years, within the branch of this Statute.   
FINIS.