clxxxviii blithe and COLEGATES case vide this case report by cook part of his  report replevin by blithe and Colegate who make conusans as bailiff to Roger  Beckwith son and heir of Elizabeth Beckwith for damage pheasant and upon a  special verdict the case be that the say Elizabeth be seize and take to  husband Christopher Leonard Kenne and by a indenture make by the say Elizabeth  without the assent of her say husband by the name of Elizabeth Beckwith bear  date march Elizabeth declare the use of a fine to be levy c to the use of the  say Elizabeth for life without impeachment of waste and after to the use of  the conusees for their life and after to the use of the say Elizabeth and her  heir and that afterward the say Christopher Kenne before any fine levy in Feb  Elizabeth b indenture between himself and the say Elizabeth his wife of the  one part and r W of the other part without the consent of the say Elizabeth  declare that the use of the say fine so to be levy shall be to the use of the  say Christopher and Elizabeth for life c and afterward the say fine be levy by  the husband and wife and the only question upon the matter be if the use  declare by the wife or the use declare by the husband shall stand it be argue  by Shuttleworth sergeant that the use declare by the husband shall stand and  that the declaration by the wife shall be reject for a feme covert be not  Himself law but be sub potestate man and therefore ass a feme covert without  her husband acknowledge a fine the husband shall avoid it and as to the  declaration of the use it be no other thing but the show of the meaning of the  party to the fine how and in what manner the land of which the fine be levy  shall be dispose of by the fine but such a power can be in a feme covert for  if a infant levy a fine and declare the use by indenture the declaration be  void and the fine shall be to his own use and that be adjudge in the court of  ware the same law in case of a man of non sound memory and if a idiot levy a  fine and declare use upon it the declaration be void and the fine shall be to  his own use and that case also have be adjudge in the court of ware and by  intendment of the law every wife be at the disposition of her husband as in a  praecipe quod To give back against the husband and wife the wife make default  it shall be account the default of the husband for the law intend that the  wife be amenable by the husband ass the husband seize in the right of the wife  make a feoff in fee and in make of livery his wife interrupt he it be not any  interruption or impediment quo minus the livery operator for who self in vita  to speak against non to be able c so in a praecipe quod To give back against  the husband and wife the husband plead one plea and the wife another the plea  of the husband shall be admit h ass and the husband may in some case prejudice  his wife in point of inheritance as by session vide e Fitzherbert who ill Vita  and he argue milk upon the ground where it shall be say the folly of the wife  to take such a husband if the husband be seize in the right of his wife they  sell the say land and for assurance levy a fine to the vendee now Leonard the  husband alone shall have a action of debt for the money upon the sale which  prove that it be the sale of the husband alone which see e Fenner sergeant  contrary and first be confess that the declaration by the wife be utter void  and also the declaration by the husband and therefore when the husband and  wife levy a fine the conusee in judgement of law be in by the wife and not by  the husband so as the husband as to the right be a stranger to the land and to  the estate which passes by the fine although he be party to the fine for that  be not for any interest which he have in the land but for the conformity of  law which disable a wife to levy a fine without her husband and therefore it  be not any reason that the husband alone shall be receive to declare the use  for he be no proprietor of the land in right especial forasmuch as in account  of the law the whole passes from the wife and the law in diverse case frame  its judgement accord to the possession of the wife and that in act do by the  husband a h where a seize of a rentcharge in fee issue out of the land of the  wife a release the rend to the husband and his heir the same shall enure to  Leonard er p the wife vide e from such case the law respect the nature of the  seize and the manner of the possession and as to the case vouch out of dyer  Elizabeth where the husband and wife be seize of a message to they and to the  heir of the husband they suffer a common recovery and the husband alone  declare the use the same be good for in that case the fee be in the husband  and always he who have the fee ought and may declare the use if fill who have  interest will not join and therefore if land be give to two and to the heir of  one of they if they both join in a fine he which have the fee may by himself  declare the use but if there be two joyntenants in fee they both ought to join  in the declaration of the use or otherwise make several declaration of their  several moieties so if beneficiary and use and his feoff join in a fine and  make several declaration the declaration of the feoff shall stand for that the  land passes from they so if beneficiary and use and his feoff make a feoff in  fee h and to that purpose be put the case report by Plowden Eli z husband and  wife seize in right of the wife they levy a fine sur conusans de law come Ceo  c and the conusee render the land to the husband and wife and to the heir of  the husband the husband die the wife discontinue the land the same be not  within the penalty of the statute of h for notwithstanding the wife be now in  by the purchase of her husband yet that purchase be not within the meaning of  that statute because the law respect the original seize which be in the wife  and so it be adjudge vide term mich Elizabeth Leonard pasc Elizabeth in the  king bench