This section is from the book "Popular Law Library Vol1 Introduction To The Study Of Law Legal History", by Albert H. Putney. Also see: Popular Law-Dictionary.
13. Edw. I (Westminster II), Cap. 1 (A. D. 1285).
First. Concerning Lands that many Times are given upon Condition, that is, to-wit: Where any giveth his Land to any Man and his Wife, and to the Heirs begotten of the Bodies of the same Man and his Wife, with such condition expressed, that if the same Man and his Wife die without Heirs of their Bodies between them begotten, the Land so given shall revert to the Giver or his Heir. (2) In case also where one giveth Lands in free Marriage, which Gift hath a Condition annexed, though it be not expressed in the deed of Gift, which is this: That if the Husband and Wife die without Heirs of their Bodies begotten, the Land so given shall revert to the Giver or his Heir. (3) In case also where one giveth Land to another, and the Heir of his Body issuing; it seemed very hard, and yet seemeth to the Givers and their Heirs, that their Will being expressed in the Gift, was not heretofore, nor yet is observed. (4) In all the Cases aforesaid, after Issue begotten and born between them (to whom the Lands were given under such Condition) heretofore such Feoffees had Power to aliene the Land so given, and to disherit their Issue of the Land, contrary to the Minds of the Givers, and contrary to the Form expressed in the Gift. (5) And further, When the Issue of such Feoffee is failing, the Land so given ought to return to the Giver or his Heir, by Form of the Gift expressed in the Deed, though the Issue (if any were) had died: (6) Yet by the Deed and Feoffment of them (to whom Land was so given upon Condition) the Donors have heretofore been barred of their Reversion, which was directly repugnant to the Form of the Gift.
II. Wherefore our Lord the King, perceiving how necessary and expedient it should be to provide Remedy in the aforesaid Cases, hath ordained, That the Will of the Giver, according to the Form in the Deed of Gift manifestly expressed, shall be from henceforth observed; so that they to whom the Land was given under such Condition, shall have no Power to aliene the Land so given, but that it shall remain unto the Issue of them to whom it was given after their Death, or shall revert unto the Giver or his Heirs, if Issue fail (whereas there is no Issue at all) or if any Issue be, and fail by Death, or Heir of the Body of such Issue failing. (2) Neither shall the second Husband of any such Woman from henceforth, have any Thing in the Land so given upon Condition, after the Death of his Wife, by the Law of England, nor the Issue of the second Husband and Wife shall succeed in the Inheritance, but immediately after the Death of the Husband and Wife (to whom the Land was so given) it shall come to their Issue, or return unto the Giver, or his Heir, as before is said.
III. And forasmuch as in a new Case new Remedy must be provided, this Manner of Writ shall be granted to the Party that will purchase it;
(2) Praecipe A. quod juste etc, reddat B. manerium de F. cum suis pertinentis, quod C. dedit tali viro et tali mulieri, et haeredibus de ipis viro et muliere exeuntibus. (3) Or thus: Quod C. dedit tali viro in liberum maritagium cum tali muliere, et quod post mortem praedictorum viri et mulieris, praedicto B. filio eorundem viri et mulieris descendere debeat per formam donationis praedictae, ut dicit etc. (4) Vel, Quod C. dedit tali et haeredibus de corpore suo exeuntibus et quod post mortem illius talis, praedicti N. filio praedicti talis descendere debeat per formam etc.
IV. The Writ whereby the Giver shall recover (when Issue faileth) is common enough in the Chancery: (2) And it is to-wit, that this Statute shall hold Place touching Alienation of Land contrary to the Form of the Gift hereafter to be made, and shall not extend to Gifts made before. (3) And if a fine be levied hereafter upon such Lands, it shall be void in the Law. (4) Neither shall the Heirs, or such as the Reversion belongeth unto, though they be full of Age, within England, and out of Prison, need to make their Claim.