chapman S case c devise a house to three brother provide always that the house  be not sell but go to the neat of blood that be male this be a estate tail to  each successive devise to one brother on condition but on failure to remain to  the house shall be construe to the most worthy all blood of the devisor family  Richard chapman seize in fee of two house in Beverley have three brother by  his last will in write have these word S I will the house that I V dwell in to  my three brother among they and I V to dwell still in it and they to raise no  ferme and I will the house that though chapman my brother dwell in to he and  he to pay to Christopher chapman pound S d to find he to school with and else  to remain to the house provide always that the house be not sell but go unto  the next of the name and blood that be male if it may be and so die live his  three brother a the devise die seize without issue the elder dyer a er p of  the two young brother enter and have issue a son and die it be a question  whether the son or the other young brother shall have the house and the next  term the case be debate at the bench and it seem to mounson manwood and dyer  that the son of the elder brother shall have the remainder and that in tail to  he and to the heir male of his body etcetera remainder to the young brother  accord be and also the first house give to they three between they shall be  likewise in tail in each of their share and the clause or proviso that the  tenant shall not alien prove the intention of the devisor to make a entail  which estate may not be legal alien chic and the word or else to reTncn to the  house S family which shall be intend to the chief and most worthy and old  person of the family c and the word that be male shall be take in the future  tense and the one to succeed the other accord to the course of the commonlaw c  and Harmer to the n nnt rn rv a coparcener tenant in tail levy a fine come Ceo  with warranty of his part and take back a estate for life his heir shall not  be permit to aver continuance of possession against this fine which be a  ferment of record and a discontinuance three coparceners of a manor and one of  they make a feoff of his part to one a b in fee to the use of himself for the  term of his life and after his decease to the use of his old son and heir dyer  apparent in fee and afterward he levy a fine of the three part of acre of land  acre of meadow acre of pasture c which amount to more in number of acre than  the whole manor contain s?bt conusance de droll come Ceo and ill ad de son do  with warranty of he and his heir and take back art estate by the same fine to  himself for the term of his life only and afterward he die and the son enter  whether the three part of the say acre be sever from the manor by this fine  against the heir or he shall be receive against that fine to aver a continual  possession and continuance of seize before the fine at the time of the fine  and since the fine c in the tenement for term of life that be the question and  great debate thereof among the counsel and Plowden Bromeley solicitor and  Lovelace hold strong that this averment by he in remainder who be a stranger  to the fine shall be receive because neither a party to the fine or heir of  the party c and this they pretend by the opinion of a b pl e a pl e b pl h a  pl and dyer sander manwood Southcote Harper and C atlyn hold the law clear to  the contrary and that by those book and that such fine amount to a ferment of  record which make a discontinuance of the remainder or reversion c see in  formedon m e b pl where a stranger to the fine which be not execute S by the  word come Ceo and ill ad c but make a conversance de droll tantrum to the  deforciant and he grant and render to the conusor in tail be not receive to  aver ne do pass but be estopped by such fine by the opinion of the court east  e for in formedon and h in Statham title averment and see a good case of such  averment easter f title voucher in Fitzberbert pi and debate at length and at  length the voucher grant upon voucher of himself for save the entail and the  remainder in tail and as heir to the conusor and assignee to the conusee but  the sergeant say that that be to avoid delay and not by force of the law and  the dyer b er p case be S the baron and feme tenant in special tail have issue  a daughter the wife die he take another wife by who he have issue a son and  afterward they levy a fine sur conusance de law come Ceo I c and take back a  estate by the same fine in special tail remainder over in tail remainder to  the right heir of the husband afterward the husband and wife die the son enter  the daughter bring formedon the son vouch himself to save the entail as heir  of the conusor and assignee of the cnusee the daughter aver continuance of  possession in the father c without this that the cor`bsee ever have any thvrq  c and by the better opinion she can not and the same case in erect be in  formedon e e pl fol dyer where finch say that neither privy nor stranger shall  have such averment against such fine and this be adjudge there very late and t  e in a writ of right such averment be tender against such a fine levy between  stranger with a nonclaim of the demandant then be of full age out of prison  and within the four sea and it do not prevail but there be adjourn e  Fitzherbert voucher p trinity term queen Elizabeth lease on condition not to  alien the premise or any part without the assent of the lessor he licence the  alienation of part still he may reenter if the lessee alien the whole in a  indenture of a lease for year there be a condition or proviso that the lessee  shall not assign or alien the premise or any parcel of they without the assent  of the lessor the lessee by the assent of the lessor alienee parcel and  afterward he alienee the residue without his assent and he for that reenter  into the residue and it be doubt in b p whether he can do that inasmuch as he  have dispense in part with the condition which be a entire thing and upon the  postea cleric advsatur until this term and afterward the entry of the lessor  into the residue be adjudge to be lawful notwithstanding the dispensation of  part of the proviso