Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Westm̄ 2 cap. 20. In a Writ of Cosinage, Ayell, and Besayell, the point shall bee en∣quired whether the demaundant bee next heire aswell as in a mortdauncester.

In the right, is that which is to dis∣proue the right of the Tenant, and is a Writ of right in his nature, or a Praecipe in Capite.

A Writ of right in his nature which sheweth how the demaundants right is growne. And is a formdon or a writ of Es∣chete and Dower, vnde nihil habet.

A Formdon is a Praecipe quod reddat, entitling the partie by the forme of the gift.

And is a formedon in remaynder, or a Formedon in reuerter: for a formedon in descender lyeth not at the Common Law, but is giuen by the Staute of Westm̄ 2. * 1.1 cap. 1.

A Formedon in remaynder is for him in the remaynder for (a) 1.2 life, or in (b) 1.3 fee vpon a Lease for (c) 1.4 life expired. For after an

estate taile expired, it lay not at the Com∣mon Law: because it was a fee simple, whereupon a remainder could not depend.

A formdon in reuerter is for the donor * 1.5 alter the issue in taile determined, as at the Common Law, if the donee alien before issue had, and after die without issue: or if he haue issue, and after he or his issue dye without issue. Contrarie it is if he had issue and then had aliened, and dyed without issue.

A writ of Eschete is for the Lord that hath a seigniorie in fee, or for life vpon an eschete.

Dower, vnde nihil habet, is a writ for * 1.6 ones dower, which hath receiued no part at all of it.

Notes

• * 1.1

  Old Nat. Br. {per} Br. Formd 69. 3. El. Pl 235.
• (a) 1.2

  Old Nat. Br. 148. 149.
• (b) 1.3

  F. N. B. 217. d.
• (c) 1.4

  Fitz. ibid.
• * 1.5

  Fit. N Br. 219. c. 30. E. 1. formd. 65.
• * 1.6

  Old Nat. Br. 6.