The First Part of the Institutes of the Laws of England: Or, a Commentary Upon Littleton : Not the Name of the Author Only, But of the Law Itself ... : Haec Ego Grandaevus Posui Tibi, Candide Lector, Volume 1J. & W.T. Clarke, 1832 - Land tenure |
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Common terms and phrases
action adjudged advowson albeit alien ancient Anno appeareth attainted baron and feme bishop body Bract Bracton Britton Chapter Coke's common law copyhold court curtesy custome deed descent devise dieth disseisor doth dower Eliz entry escheat escuage estate taile executors father fealty fee simple fee taile feoffee feoffment feoffor Fleta frankalmoigne freehold grant guardian heire female heires males hold holden holdeth homage husband ibid infant inheritance Inst jointenant judgment king king's knights service lands or tenements lease lessee lessor Littleton livery lord Coke maketh manor marriage MSS.-See parliament person plead Post purchase quæ quia quòd regis release remainder rent reversion saith seigniory seised seisin serjeanty socage sonne Stat statute tenant in tail tenure terræ Vide Sect villeine villenage void wardship warranty waste whereof wife words writ
Popular passages
Page 1 - not taking away the common law, but with more particularity ; for his words are, that a statute made in the affirmative without any negative expressed or implied, doth not take away the common law. •2 Inst. 200. This seems to be the justest way of stating the rule both as to common law and customs.
Page 5 - of the court of common pleas, whose name of baptism was Thomas, and his name of confirmation Francis ; and that name of Francis, by the advice of all the judges, in anno 36 Hen. 8, he did beare, and after used in all his purchases and grants
Page 72 - said, that if the lord doe oust them, they have no other remedy but to sue to their lords by petition ; for if they should have any other remedy, they should not be said to be tenants at will of the lord according to the custome of the manor. But the lord cannot breake the
Page 72 - But Brian chiefe justice said, that his opinion hath alwaies been, and ever shall be, that if such tenant by custome paying his services be ejected by the lord, he shall have an action of trespass against him. H. -21 Ed. 4. And so was the opinion of Danby
Page xlii - And albeit the reader shall not at any one day (do what he can) reach to the meaning of our author, or of our Commentaries, yet let him no way discourage himself, but proceed ; for on some other day, in some other place, that doubt will be cleared.
Page 35 - as the issue, which he hath by his wife, may by possibility inherit the same tenements of such an estate as the wife hath, as heire to the wife ; in this case, after the decease of the wife, he shall have the same tenements by the curtesie of England, but otherwise not.
Page 18 - alienation and estate by deed, or without deed, to them to whom the sale is made. And so may ye here see a case, where a man may make a lawful estate, and yet he hath nought in the tenements at the time of the estate made. And the cause is, for that the
Page xxxix - offending of the law, and the better keep, save and defend " his heritage, and possessions. And in divers regions and " countries where the king, the nobles, and other of the said " realm have been, good governance and full right is done " to every man, because that the laws and customs be learned " and used in the tongue of the country