coke Report50b sir george brown case hill Elizabeth in b r rot SC Cr Elizabeth    b more and SC cite ace roll hob cro car winch show Inst three f sheep touch  wood Conv wood wood bull n p a Sugd pale yellow use Selw n p ejectment X Cru  dig and edit press Conv press Conv vin Abr estate z pl fine S pl you pl  jointress and jointure I pl Com dig discontinuance a Bac Abr discontinuance d  f lease and term for year d that edit go see the note and reference infra a  make a feoff of land on condition that the feoff shall give back the same to  he and his wife in tail remainder to the right heir of the husband which be do  accord the husband die the issue levy a fine and by it grant all his interest  to I S the wife make a lease for three life not warrant by he h hold saint  that this be a forfeiture within the two h c though make without warranty the  word warranty in the statute refer to release and confirmation and that if the  issue have grant over his remainder in fee by the express letter of the Act he  and not the alienees shall have enter for the forfeiture rd but here the  alienee may enter for if no discontinuance have be make he shall enjoy the  land against the issue and the heir of his body who interest in the entail be  bar by the fine if feme tenant in tail ex provision man accept a fine sur  conusance and thereby grant and render to a for one thousand year this be a  alienation within the Act in a ejection strong by a James Linch on a demise  make by sir George brown m as to the damage and cost in ejectment see ante I p  a b n g ED n as to the writ of to have facias possession see the book cite  ante I p b I ED a see the case of Symonds and Cudmore in Skinner c and in  Carth c and post and see the reference above coke report b er p against  William Spencer on not guilty plead the juror give a special verdict to this  effect sir Richard bridge seize of certain land in fee do thereof feoff  Winscombe and other on condition thatthey shall give back the same to he and  his wife and to the heir of their two body beget the remainder to the right  heir of sir Richard which be do accord sir Richard have issue on the body of  his wife Anthony bridge and die Anthony bridge in the b life of his mother  levy a fine which in truth be with c proclamation although the proclamation be  not find to sir George brown in fee the wife live the say Anthony make a lease  of the say land for three life which lease be not warrant by the statute of h  cap oh whereuponSir George brown enter and make the lease to the plaintiff and  whether the entry of sir George brown be lawful or not be the question and  after many argument at the bar and bench judgement be give for the plaintiff  and in this case three point be resolve saint that the lease make by the wife  for three life although the lease be without warranty be within the statute of  h cap p the letter of which b   b a c   light b b hob Cr James Cr Elizabeth  and hard winch lane Brid keb oh as to the provision of this statute in general  see ante p n f and the book there cite sheep touch wood ED wm Jones wood n  wood Sugd pale yellow use vin Abr jointress c I pl Com dig discontinuance a  Bac Abr discontinuance d lease c d that edit go p the statute h c enact that  if any woman have a estate in dower or for life or in tail joint with her  husband or only to herself or to her use in any manor c the inheritance or  purchase of her husband or give to the husband and wife in tail or for life by  any of the ancestor of the husband or by any other person seize to the use of  the husband or of his ancestor shall hereafter be sole or with any after take  husband discontinue alien release or confirm with warranty or by covin suffer  any recovery of the same all such recovery discontinuances c shall be utter  void and of no effect and it shall be lawful for the person in remainder or  reversion to enter immediate provide that this Act shall not extend to any  such recovery or discontinuance to he have with the heir next inheritable to  the say woman nor where he or they who next after the death of the same woman  shall have a estate of inheritance in the same manor land or tenement be  assent to the say recovery where the same assent be of record or enrol this  Act be confirm by stat h c S which provide that no fine levy by any woman of  any such estate as be mention in the statute h shall be of any effect these  statute be hold to extend to all case where the wife be tenant in tail either  alone or joint with her husband laughter v Humphrey cro Elizabeth queen v  savage more whether the gift be to the heir of both their body or to the heir  of her body beget by he and whether the entail proceed from the husband or any  of his ancestor Sherrington v Strotten Plowd cro Elizabeth infra whether the  land be purchase with his money palm or partly with his money and the gift  confine to his issue or the remainder or reversion be in favour of the husband  or some of his ancestor or where a settlement though make in consideration of  the wife money have marriage as the principal consideration Villars v Beaumont  dyer a and trust estate or equity of redemption be within the statute for use  be express mention and a trust be now what a use be before vern Eq Abr the  statute do not extend to copyhold Herrington v smith side pale yellow ten but  if the husband and wife be seize of a copyhold estate and he procure the lord  for a money consideration to convey the freehold to he and his wife and the  heir of their body this be within the statute for the copyhold by the  acceptance of the new estate be extinguish Stockbridges case cro Elizabeth the  statute do not apply where the gift proceed from the wife eyston v Studd Plowd  or from her friend or from a stranger ware v Walthew cro James or where the  land be purchase with the money of the wife unless marriage be the principal  consideration nor where she have a estate in general tail without any  limitation coke report a er p Act be if any woman c have or shall hereafter be  sole or with any other aftertaken husband discontinue or discontinue alien  release or confirm or alien release or confirm with warranty c for these word  with warranty d refer to release and confirmation which make no discontinuance  Q without warranty for the intent of the Act be to prohibit not only every bar  but every coke Report51a manner of discontinuance also which put the heir to  his real action by which sometime the heir be disinherit and always great  delay and forasmuch as a release or confirmation make no discontinuance  without warranty for this cause the warranty shall be refer to they to make  they equivalent to such estate which passes by livery which of itself without  warranty be a discontinuance note the title of the Act be discontinuance of  right or estate and afterward in the Act it be say land tenement or  hereditament be discontinue alien or suffer to be recover and afterward as if  no such discontinuance warranty nor recovery have be bad by which it appear  that discontinuance stand in equal degree with warranty or recovery r vide  dyer pasch mark Beaumont and villers case and blow b and it be resolve if  Anthony have grant over his remainder in fee only he may have enter for this  forfeiture by the express purview of the Act the effect of which be that it  shall be lawful for every person and person to who the interest title or  inheritance after the decease of the say woman of the say manor c be  discontinue alien or suffer to be recover in the form aforesaid shall  appertain to the issue or heir of the husband foster v pitful cro Elizabeth  nor do it extend to a jointure limit to a woman in fee post   b and the  husband and wife may by fine joint alien a estate tail ex provision man  kirkman v Thomson cro James Inst b two e and so may the wife and issue after  the death of the husband infra   or if there be no issue she may alien with  the consent of the person who have the first estate of inheritance in  remainder or reversion cro Elizabeth provide such consent appear on record see  Lincoln college case post   b Curtis v price Ves press Conv every alienation b  the wife contrary to the spirit of the statute be void although not within the  letter of it see piggot v palmer more infra   b a lease for three life not  make pursuant to the h c be we have see a forfeiture within the Act and it be  hold that if such feme tenant in tail with another husband or alone make a  lease within the say statute and warrant by it yet it will not be a good bar  of the title to the inheritance of those in remainder though it will bind the  party themselves and all other post   b wood sheep touch on a forfeiture under  this statute tenant in tail in remainder or if he be bar be who have the  remainder in fee shall enter for be be the person to who the interest title  and inheritance after the decease of the woman appertain infra but if the  remainderman in fee be entitle by fine levy by tenant in tail in remainder  expectant which give no interest but only by estoppel neither the heir nor the  conusee can take advantage of the forfeiture for the heir by the fine have  give away his right to the entail and conclude himself that he can enter and  the conusee can enter because he have nothing but by estoppel and no reversion  ware v Walthew cro James Yelv Nov wood n neither in such case can the issue of  the heir enter for he be likewise bar bull n p a but if the wife tenant in  tail suffer a recovery and the issue in tail release to the recoveror the  issue of that issue be not bar thereby Lincoln college case post   see further  as to the construction of the statute h c post   b c Cru dig and edit Bac Abr  discontinuance d Com dig discontinuance a ED d Cr Elizabeth bridge Q as to  discontinuance see ante I p b n h and the book there cite ED   light b   b   b  sheep touch r see Bac Abr discontinuance d and infra b ED blow a b   light b  wood Cru d Com dig discontinuance a more Com big discontinuance a coke report  b er p to enter into all and every the premise and peaceable to possess and  enjoy the same in such manner and form as he or they shall have do if no such  discontinuance warranty nor recovery have be have nor make and if no  discontinuance have be make the land shall descend to the issue and therefore  by the express letter of the Act he shall enter on the discontinuee and not  the grantee of the remainder rd it be resolve that in this case sir George  brow a shall enter on the discontinuee for if no discontinuance have be make  he shall enjoy the land against the say Anthony and all the heir of his body  for when the b issue in tail levy a fine with proclamation in the life of the  tenant in tail to another and afterward tenant in tail die this fine shall bar  the tail S for the word of the statute of d h cap be in anywise entail to the  person or person so levy the same fine or to any of the ancestor or ancestor  of the same person or person but it be object that the fine in the life of the  wife do operate in part by d conclusion for after that the wife do remain  tenant in tail and in part by conveyance of all estate as to the remainder in  fee and he who have nothing but by conclusion or estoppel shall not take  benefit of this Act because the word be to who the interest title or  inheritance after the decease of the say woman shall appertain and in this  case as to the estatetail his wife be alive the conusee have nothing but by  conclusion and right or title of entry coke Report51b in this case can not be  give to a stranger but it be resolve that sir George brown shall in this case  take a advantage thereof for he who have the immediate title interest or  inheritance at the time of the forfeiture shall enter by force of this statute  and now by the fine with proclamation the estatetail be bar and b extinct and  against that Anthony nor any issue heritable by force of the estate tail can  enter and by consequence he who have the remainder in fee shall enter for he  be the person to who the interest title and inheritance after the decease of  the say woman do appertain and now on the matter the case be no other but that  a a more Cr Elizabeth and Cr throw hob roll post a show vin Abr fine S pl you  pl Sugd pale yellow use bull n p Selw n p ejectment X Cru dig and edit b more    post a b Jones Cr James   b a godb hut sheep touch Edward press wood vin Abr  fine S pl you pl Com dig discontinuance a Bac Abr discontinuance d S in the  case of a fine by the issue in the lifetime of the tenant in tail the tenant  in tail himself may afterward levy a fine of the land and thereby bar his  issue and the conusee to who the issue levy the fine and therefore in these  case it must be understand that the tenant in tail die and suffer the right to  descend to his issue sheep touch for a fine in analogy to other conveyancer if  make to one by he that have but a naked right or possibility work by the  extinguish of it in the possession and therefore if the tenant in tail after  such fine make a feoff to a stranger or a bargain and sale in fee and die the  feoff or bargainee though tenant in tail do not levy a fine shall bold the  land against the issue in tail for they be bar and their right extinct by the  fine and also against the father conusee because the fine in this case do but  extinguish the entail and do not pass the estate therefore if the father  conusee claim the alienee of the grandfather may say part Finis nothing c and  if the issue in tail claim the alienee shall plead the fine with a and estate  though it be false which the other shall not deny but must answer the fine and  part Finis nothing c be no plea for a issue in tail because be be privy jenk  cent wood n as to the effect of a fine by a disseizee to a stranger see ante    ED c   b   light a post a   a Sugd pale yellow use press Conv d light Rep  Bulst Cr James ante b a Bulst b Bulst Jones Cr James wood vin Abr estate z pl  see the book cite in coke report a er p woman tenant in tail within the  statute of c h the reversion or remainder in fee the woman make a  discontinuance he in the reversion or remainder shall enter for this  forfeiture for he be the person to who the interest title and inheritance  after the decease of the say woman do appertain the same law in the case at  bar although the fine be without proclamation yet after the death of the woman  Anthony himself against his fine can enter but the entry of the conusee be  lawful and therefore he shall take the benefit of this Act by the express word  thereof t and it be say by Anderson chief justice of the common plea that  where it be invent to make evasion out of this Act that such woman tenant in  tail shall accept a fine sur conusans de law come Ceo c and thereby grant and  render the land for d year pretend that that be not within the word of the Act  sure which prohibit discontinuance alienation release c that that be a  alienation within the intent of this Act or otherwise the statute will serve  for little or nothing and so be it on conference with other judge resolve by  Wray chief justice and himself in the court of ware and declare accord and so  it be hold in the common plea Elizabeth by sir James dyer manwood and mounson  justice as I myself hear vide dyer Trin and Phil and mary e Penicocks case