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which may be acquired therein. IV. Their title, or the means of acquiring and losing them .... Page 16
3. All the several kinds of things real are reducible to one of these three, viz. lands, tenements, or hereditaments; whereof the second includes the first, and the third includes the first and second . . . . . . . . 16
4. Hereditaments therefore, or whatever may come to be inherited (being the most comprehensive denomination of things real), are either corporeal or incorporeal ... 17
5. Corporeal hereditaments consist wholly of lands, in their largest legal sense; wherein they include not only the face of the earth, but every other object of sense adjoining thereto, and subsisting either above or beneath it . . . 17, 18
OF INCORPOREAL HEREDITAMENTS.
1. Incorporeal hereditaments are rights issuing out of things corporeal, or concerning, or annexed to, or exercisable within, the same . 20
2. Incorporeal hereditaments are, I. Advowsons. II. Tithes. III. Commons. IV. Ways. V. Offices. VI. Dignities. VII. Franchises. VIII. Corodies or.pensions. IX. Annuities. X. Rents 21—41
3. An advowson is a right of presentation to an ecclesiastical benefice; either appendant, or in gross. This may be, I. Presentative. II. Collative. III. Donative . . 21—23
4. Tithes are the tenth part of the increase yearly arising from the profits and stock of lands, and the personal industry of mankind. These, by the ancient and positive law of the land, are due of common right to the person, or (by endowment) to the vicar; unless specially discharged, I. By real composition. II. By prescription, either de modo decimandi, or de non decimando .....;.. 24—31
5. Common is a profit which a man hath in the lands of another; being, I. Common of pasture; which is either appendant, appurtenant, because of vicinage, or in gross. II. Common of piscary. III. Common of Turbary. IV. Common of estovers, or botes ...... 32—35
6. Ways are a right of passing over another man's ground 35
7. Offices are the right to exercise a public, or private, employment ........ 36
8. For dignities, which are titles of honour, see Book I. Ch. XII.
9. Franchises are a royal privilege, or branch of the king's prerogative, subsisting in the hands of a subject . 37
10. Corodies are allotments for one's sustenance; which may be converted into pensions. (See Book I. Ch. VIII). . 40
11. An annuity is a yearly sum of money, charged upon the person, and not upon the lands, of the grantor . Page 40
12. Rents are a certain profit issuing yearly out of lands and tenements; and are reducible to, I. Rent-service. II. Rentcharge. III. Rent-seek 41-2
OF THE FEODAL SYSTEM.
1. The doctrine of tenures is derived from the feodal law; which was planted in Europe by its northern conquerors, at the dissolution of the Roman empire .... 44-5
2. Pure and proper feuds were parcels of land, allotted by a chief to his followers; to be held on the condition of personally rendering due military service to their lord . 54
3. These were granted by investiture; were held under the bond of fealty; were inheritable only by descendants; and could not be transferred without the mutual consent of the lord and vassal 53—67
4. Improper feuds were derived from the other; but differed from them in their original, their services and renders, their descent, and other circumstances .... 58
5. The lands of England were converted into feuds, of the improper kind, soon after the Norman conquest: which gave rise to the grand maxim of tenure; viz. that all lands in the kingdom are holden, mediately or immediately, of the king
OF THE ANCIENT ENGLISH TENURES.
1. The distinction of tenures consisted in the nature of their services: as, I. Chivalry, or knight-service; where the service was free, but uncertain. II. Free socage; where the service was free, and certain. III. Pure villenage; where the service was base, and uncertain. IV. Privileged villenage, or villein socage; where the service was base, but certain . 61—78
2. The most universal ancient tenure was that in chivalry, or by knight-service; in which the tenant of every knight's fee was bound, if called upon, to attend his lord to the wars. This„was granted by livery, and perfected by homage and fealty; which usually drew after them suit of court .... 62
3. The other fruits and consequences of the tenure by knightservice were, I. Aid. II. Relief. III. Primer seisin. IV. Wardship. V. Marriage. VI. Fines upon alienation. VII. Escheat 63—72
4. Grand serjeanty differed from chivalry principally in its render, or service; and not in its fruits and consequences 73
6. The personal service in chivalry was at length gradually changed into pecuniary assessments, which were called scutage or escuage ....... Page 74
6. These military tenures (except the services of grand serjeanty) were, at the restoration of king Charles, totally abolished, and reduced to free socage, by act of parliament . 77
OF THE MODERN ENGLISH TENURES.
1. Free socage is a tenure by any free, certain, and determinate service 78
2. This tenure, the relic of Saxon liberty, includes petit serjeanty, tenure in burgage, and gavel-kind . . .81
3. Free socage lands partake strongly of the feodal nature, as well as those in chivalry: being holden; subject to some service,—at the least, to fealty and suit of court; subject to relief, to wardship, and to escheat, but not to marriage; subject also formerly to aids,primer seisin, and fines for alienation 86—89
4. Pure villenage was a precarious and slavish tenure, at the absolute will of the lord, upon uncertain services of the basest nature 93
5. From hence, by tacit consent or encroachment, have arisen the modern copyholds, or tenure by copy of court roll; in which lands may be still held at the (nominal) will of the lord, (but regulated) according to the custom of the manor . . .95
6. These are subject, like socage lands, to services, relief, and escheat; and also to heriots, wardship, and fines upon descent and alienation 97
7. Privileged villenage, or villein socage, is an exalted species of copyhold tenure, upon base, but certain, services; subsisting only in the ancient demesne of the crown; whence the tenure is denominated the tenure in ancient demesne ... 99
8. These copyholds, of ancient demesne, have divers immunities annexed to their tenure; but are still held by copy of court roll, according to the custom of the manor, though not at the will of the lord 100
9. Frankalmoign is a tenure by spiritual services at large; whereby many ecclesiastical and eleemosynary corporations now hold their lands and tenements; being of a nature distinct from tenure by divine service in certain . . . . 101
OF Freehold Estates Of Inheritance.
1. Estates in lands, tenements, and hereditaments, are such interest as the tenant hath therein; to ascertain which, may be considered, I. The quantity of interest II. The time of enjoyment. III. The number and connexions of the tenants.
2. Estates, with respect to their quantity of interest, or duration, are either freehold, or less than freehold . . 104
3. A freehold estate, in lands, is such as is created by livery of seisin at common law; or, in tenements of an incorporeal nature, by what is equivalent thereto 104
4. Freehold estates are either estates of inheritance, or not of inheritance, viz. for life only: and inheritances are, I. Absolute, or fee-simple. II. Limited fees . . . .104
5. Tenant in fee-simple is he that hath lands, tenements, or hereditaments, to hold to him and his heirs for ever . 104
6. Limited fees are, I. Qualified, or base, fees. II. Fees conditional at the common law 109
7. Qualified, or base, fees are those which, having a qualification subjoined thereto, are liable to be defeated when that qualification is at an end 109
8. Conditional fees, at the common law, were such as were granted to the donee, and the heirs of his body, in exclusion of collateral heirs 110
9. These were held to be fees, granted on condition that the donee had issue of his body; which condition being once performed by the birth of issue, the donee might immediately alienate the land: but the statute de don is being made to prevent such alienation, thereupon, from the division of the fee (by construction of this statute) into a particular estate and a reversion, the conditional fees began to be called fees-tail . . III, 112
10. All tenements real, or savouring of the realty, are subject to entails 113
11. Estates-tail may be—I. general, or special; II. male, or female; III. given in frank-marriage . . 113—115
12. Incident to estates-tail are, 1. Waste. II. Dower. III. Curtesy. IV. Bar—by fine, recovery, or lineal warranty with assets ......... 115
13. Estates-tail are now, by many statutes and resolutions of the courts, almost brought back to the state of conditional fees at the common law . . . . . . . 117
OF FREEHOLDS NOT OF INHERITANCE.
1. Freeholds, not of inheritance, or for life only, are, I. Conventional, or created by the act of the parties. H. Legal, or created by operation of law . . . . . 120
2. Conventional estates for life are created by an express grant for term of one's own life, or jnir outer vie; or by a general grant, without expressing any term at all . . 120
5. The personal service in chivalry was at length gradually «h*ngwl "»to pecuniary assessments, which were called scutage •rescuage Page'A
6. These military tenures (except the services of errand sefJtmaty > were, at the" restoration of king Charles, totally^abolisbed, and reduced to free socage, by act of parliament . 77
OF THE MODERN ENGLISH TENURES.
1. Free socage is a tenure by any free, certain, and determinate service ." 78
i This tenure, the relic of Saxon liberty, includes petit serjeaatT. tenure in burgage, and gavel-kind . .81
3. Free socage lands partake strongly of the feodal nature, as well as those in chivalry: being holden; subject to some service,—at the least, to fealty and suit of court; subject to relief, to wardship, and to escheat, but not to marriage; subject also formerly to aids, primer seisin, and fines for alienation 86—89 4- Pure vdlenage was a precarious and slavish tenure, at the absolute will of the lord, upon uncertain services of the basest
nature . . 93
A From hence, by tacit consent or encroachment, have arisen post modern copyholds, or tenure by copy of court roll; in which Tania may be still held at the (nominal) will of the lord, (but rejxl*tedx according to the custom of the manor . . .95 tv These are subject, like socage lands, to services, relief, and *$\-beat2 and also to heriots, wardship, and fines upon descent
agtialtfeabcn . • • • .
T, Prv.)e£*d: riUeaas*, or villein age, is an exalted species of ccrviv-i Wcare, upon base, but certain services; subsisting ct.H -a six ancient demesne of the crown; whence the tenure is oravw.'.aated the tenure in ancient demesne . 99
£. TY*s»f coe* holds, of ancient demesne, have divers immunity a.-ne\oi to ihc.r tenure: but are still held by copy of court •oT accvev* ac to the custom er the manor, though not at the
• \ot the Joed . - ■ u ■.;,•.••, 10° A fSaifcajiao'scn is a tenure by spiritual services at large; *Wi*v maax ecclesiastical and eleemosynary corporations now W,vi ti*-* i**d* and tenements; being of a nature distinct from «**xre hvdsvtne service in certain .... 101
OF FKKEHOU> ESTATES OF INHERITANCE.
J K«ikVK* » lauds, tenements, and hereditaments are * .JJiaa lieu tenant hath therein : to ascertain which,