Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	estate_n	infant_n	paternal_a	70	3	17.8691	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34794	The institutes of the lawes of England digested into the method of the civill or imperiall institutions : useful for all gentleman who are studious, and desire to understand the customes of this nation / written in Latine by John Cowel ... ; and translated into English, according to act of Parliament, for the benefit of all, by W.G., Esquire.; Institutiones juris Anglicani. English	Cowell, John, 1554-1611.; W. G.	1651 (1651)	Wing C6641; ESTC R9063	175,062	294

twelve years old may contract Matrimony as well by our Law as by the Civill d Bract. l. 2. c. 37. n. 7. being then adjudged capable of a Husband yet she doth not so soon come to maturity of Judgment but it is sooner notwithstanding out of custody then a man because when she marrieth she doth but alter her condition entring under a new power of a Husband instead of the custody of her Guardian e Glan l. 11. c. 7. Bract. l. 1. c. 6. n. 2. 1. So a Wardship may expire by the naturall or Civill death f V. sus tit 16. of the Guardian which is that which we tearmed the Maxima or Media capitis diminutio or in case the Guardian shall give Lands c. to his Ward or infeoff him For no man can be both a Guardian and Feoffor at one and the same time g Bract. l. 2. c. 5. n. 6. But this is most remarkeable in Guardians which are so by reason of Knights Service that they may either assigne the custody of their Wards to another or bequeath them amongst their other Chattells by common custome to their Executors 2 The Lord looseth the custody of the Body of his Ward when ever he giveth him or her in Matrimony So that if it shall happen the Ward being under age to become single the second time he can by no means recover him into his custody h Lit. l. 2. c. 4 Of Tutors or Over-seers TIT. XXIII MEN though full growne and women though marriageable were amongst the Romans to receive Tutors untill they arrived at twenty five years of age Notwithstanding that they are not so with us beyond the age of one and twenty and that in case where they had not any before either in regard of their Tenure or necessity of the Law However we include Tutors and Over-seers under the name of Guardians although it is apparent those to be more proper in relation to the person these to the Estate a V. tit 14. Sect. 4. in Inst A de rit● nuptiarum l. sciendum 20. 1. To some also the Law appoint Tutors and Overseers for by the Statute the King hath the custody of the Lands of naturall Ideots receiving the profis without waste and destruction and finding them necessaries without any regard had of whom the Lands are holden which after the death of the Ideots are to be restored to the right Heires so that they cannot by any means be aliened by the Ideots or the Heires disinherited b 17 Ed. 2. Brit. 167. Stan. Prerog c. 9. Bract. l. 5. trac 5 c. 20. n. 1. Dyer 102. Co● l. 4. 126. Fleta affirms c l. 1. c. 11. that anciently Ideots were under the custody of their own Lords But that for the many Exheredations that hapned Their Guardianshipp was conferred by Parliament upon the King yet with this Proviso that the Lords of the Fee and those whom it concerned should loose nothing which was their due Either for Services Rents Releifs of their right of Guardianship till they come to full age according to the condition of their Fee 2. So also where it happens that any one who formerly had both memory and understanding becomes Non compos mentis as some are who have Lucida intervalla The King shall take care that the Lands and Tenements of such shall be kept without waste or destruction And that he and his Family shall live competently and be maintained out of the profits of the same And that the Remainder of their profits shall be reserved for their use So that the said Lands and Tenements shall not be by any means alienated within the said time nor the Revenues appropriated to the Kings use and that if he shall happen to dy in such a condition that then that said remainder of the said profits to be disposed of by the Ordinary for the good of his Soule d 17 E. 2. c. 10. Bract. l. 5. tr 5. c. 9. n. 7. Dyer fol. 25. n. 164. Cook l. 4. 127. 3. Those who are naturally deaf and dumb or labour under any perpetuall disease according to the opinion of some are necessarily to have Guardians e Bract. l. 5. tr 3. c. 6 n. 6. tr 5. c. 18. n. 1. c. 10. n. 1. 4. Infants are not forced to receive Guardians against their will except by reason of their Fee or any of the causes before mentioned or in case of Suits in Law And in the latter case oftentimes there is not only the next of Kinn assigned to assist the Infant in acting but a Guardian likewise to afford him help for his defence f West 1. c. 47. West 2. c. 15. F. B. f. 27. 5. Notwithstanding which no man as Guardian to an Infant shall prosecute for him or receive an Action without warrant but another may as his Kinsman commence an action for him without express warrant g Id. ibid. nor can an Infant disclaim that Guardian who prosecutes an action for him as being next of Kinn h Id. ibid. 6. An Ideot born is not received to prosecute or defend in any action by his Guardian or next of kinn but is required ●lwaies to be present in his proper person i F. N. B. fol. 27. g. Of the Security which is to be given by Guardians TIT. XXIV HE that is constituted sole Tutor or Guardian by the Magistrate or Ordinary ●s bound by our Law to put in security But ●efore he is admitted to his Office he makes ●ath to administer all the affayres of his ●ard to his profit and benefit to give a true ●nd faithfull Inventory of all his Goods ●nd to exhibite it by a certain time accor●ing as the Judge shall appoint as also to ●ender an exact and true account of his Office when it shall be required from him ●esides all which he is to finde fit and able ●●reties joyntly with himself and severally ●y themselves to become bound for his true ●nd faithful administration of his Guardian●hip Of the excuses of Guardians T IT XXV OUR Lawes speak nothing of the excuses of Guardians because no one is pu●… upon this Office against his Will Of Guardians which may fall under Suspition TIT. XXVI OUR Lawes are very carefull in p●… of trusting Guardians For he that give Estates to divers whereof some are of ag● and some Infants may lawfully appo●… those which are of age to be Guardians o● the Infants but this will not stand in c●… there be any cause of suspition that they w●… contrive the death of the Infants but susp●…tion is not admitted if the gift be made t●… Father or Mother or their lawfull Issue b●… it is otherwise where it is to Brother or Uncle or Nephew because of the right discending a Bract. l. 2. c. 11. 1. They who are Guardians by right o●… their Fee so long as they have the custod●… of the Land are bound to maintain and re●aire all

as it were swallowed up nor can any thing be reassumed by the Wife surviving but her womans apparell and so of imoveables and realls if allened by the Husband in his life time but for those which are not alienated he being dead they shall return to the Wife a Plow 418. 4●9 but if a Wife being Executrix or Administratrix to a former Husband marries a second and survives him she shall have all those Goods both personall and and reall which she brought unto him as possessed of by reason of that relation and office and which are not alienated by her second husband restored unto her without diminution b Vid. infra tit 11. par 7. The other consequence of Marriage is that lawfull or reasonable Dower under which notion she shall have the third part of all such Lands and Tenements which her Husband was seised of in Fee for her life c Flet. l. 5. c. 22. 27. An. 3. 6 Id. 6. in provis Dyer 140. but in case the husband shall happen to be attainted of treason or felony there the wife shall loose her Dower d 1 Jac. ses 1. c. 11. 12. Of Adoptions TIT. XI a Bract. l. 2● c. 29. n. 4 5. BRacton in the place before mentioned calls silence and Patience in the case of adulterate Issue adoption which creates such Children being in our power free and legitimate I have also heard of that kind of Adoption amongst us which the Romans used But this seemes rather to be by private will and agreement of the persons adopting and adopted then by any Law for this is at our own election that we may give Lands purchased by our selves or which we have by discent unlesse they be given conditionally or as we tearm it by intail to whomsoever we please whether to one of our Kindred or whether it be to a stranger without having any relation to those Children which we have whence it is apparent that the custome which the Romans had of Adoption was either never received amongst us or else that it is long since as with the French wholy extinct b V. Equinarium Baronem in particula posteriori suorum comment super Instit hoc Tit. How and by what means Paternall Jurisdiction is dissolved TIT. XII WE have spoken before how paternall Jurisdiction is occasioned and constituted now we are to declare how it is dissolved and taken away And we must know that this is done three manner of waies By naturall death by civill death and by dignity or honour For if the Father in whose power the Son is dieth the Son remains at his own disposing although sometime in the custody of a Lord or the care of Freinds or Parents But the Grandfather on the Fathers side being dead the grandchildren are not in their own power but remain under the Jurisdiction of the Father if he survive the Grandfather and do not at all go out of his power as in the case of a Emancipation or Dignity a Bract. l. 1. c. 10. Flet. l. 1. c. 7. 1. So by a civill death as in case the Father be condemned for Felony committed or exiled But if he be banished but for a time he shal retain his Children under his power because whatever is his he shall injoy at his coming back b Id. ibid. 2. Paternall Jurisdiction is dissolved also by Emancipation As if a man discharge his Son from his family with any part of his Inheritance as it was the custome in former times c Id. eod for this kind is a kind of a civill death of the Son as is the entrance into Religion d 4 H. 4. c. 17 3. This power is dissolved also by dignity as in a case the Son be made a Bishop e Bract. ubi supra 4. But as this Bond of paternall power is not so strict with us as it was with the Romans so neither is the releasing of it by Emancipation so usuall For I finde nothing in our Lawes which hinders a son or daughter from disposing of themselves even against their Fathers consent so soon as they shall come to the age of one and twenty years It is most certain that they may then enter Marriage or Contract with any one and be no lesse obliged by a Contract then ●f they were threescore For this age with us is perfect and full maturity f Bract. l. 1. c. 10. n. 2. Lit. l. 2. c. 4. Of Wardships TIT. XIII OF those which are under the power or Jurisdiction of others there are some which are in the custody or protection of Lords some are under the care of Parents and Friends and some are not obliged by either as those which are at full age a Bract. l. 1. c. 10. num 2. 1. The word protection is not so frequent with us as Custody For as we have many Species of Law from the Normans so have we words also now they call him 〈◊〉 Guardian which the Romans tearmed Tutor or which was rather meant and comprehended under their appellations of Tutor and Curator together In which we imitate them in calling them Guardians 2. These Guardians are appointed sometimes by the Fathers will sometimes by the Law and sometimes by the Magistrate Fo● where the Father hath only an Estate of Money or Chattells to leave to those Children which being under age are in his power he may commit the care and Government 〈◊〉 them together with the Legacies to any 〈◊〉 his Friends b Cook l. 3. case Ratcl f. 37 38. he also hath the like power with a Father who shall infeost an Infant i● Lawes for he may commit the Custody 〈◊〉 him according to his pleasure to whom 〈◊〉 pleaseth c Flet. l. 1. c. ● and what is here mentioned of Children born may be understood of Post humi Who they are that by Testament may appear Guardians TIT. XIIII WHosoever hath a Free administration and power of dispensing his Goods may constitute a Guardian by his will provided he be of perfect age and sound memory a Glan l. 7. c. 6. and this also may be performed by a Woman b Brit. c. 35. But if an Infant or one that is not Compos mentis be ordained he cannot be admitted untill the defect be removed c Swinb part 3. Sect. 10. 1. A man may constitute his own Villain or Native Guardian over his Children or anothers with the permission of his Lord but it is worthy consideration whether a Villaine by this Act shall gain his Liberty d Sus de libertinis tit 5. 2. One may also constitute his Apprentice e Brook Testament 8. whosoever may be an Executor may also be a Guardian f Swinb part 3. Sect. 10. Of the lawfull Guardian-ship of Kindred TIT. XV. WEE have spoken allready of Guardians which are appointed by Law and this is by reason of an Estate in Fee which shall discend to Infants

party slain s 8. Things immoveable whether corporall or incorporall have divers Prescriptions The most usuall is that which is called the longest and is extended beyond the memory of man for whosoever will prescribe against another the maintaining of a Chaplain to celebrate Divine Service in any Church c new bo Ent Act. in Chaplein or the repairing of a Church d Eod tit in reparations or that being present at the Election of the Master of an Hospitall e Eod tit Quare im edit in Hospitall or an Annuity f Eod. tit Annuity in corp politique or the Cognisance of any Plea in his Court g eod serm de breif or any service in his fee h eod Replev in amerciament F. n b. fo 122 he mu●● prove them to have been time out of mind or he doth nothing nor do we mean any other then this when we speak generally of Prescription i Dr. Stu l 1 c 8. 9. But there are Prescriptions of short●● time as of 40 years in the way of Tithing k 2 3 E. 6. c. 13. five years for Lands and Tenements in case of a Fine acknowledged lawfully l Dr. Stu. l. 1 c. 25 l. 2 c 14 Lit. l. 3 c 7 Inst com c 27 Plow 357 Dier fo 72 n 3 of three years in Case of Lands and Tenements held gotten by forcbile Entry and held so long in quiet possession m 8 H 6 c 9 of a year and a day for a villain to assent his liberty against his Lord if he have continued so long in ancient Demesne or in any of the Kings Cities or Towns without being claimed o● molested n Flet l 2 c 51 F n b fo 77 as also for the Confirmation o● any Deed made by one who is in Prison unlesse he who made it do in the interim revoke it o Li● l 3 c 7 Brac l 4 tr 1 c 2. n 7 Brit c 42 Plow f 357 and 372 new Terms ver non claim so also for the hindering the Entry of him who having omitted continuall claim in case of his being uniustly disseised of those Lands and Tenements if he shall endevor to recover them so coming by the right of Succession to the Heir of the Disseisor p Brit c 34 Perk grants 29 10. No prescription of time shal prejudice the Supream Power q Id c 34 Bra l 2 c 5 n 7 nor any Lord but that he may challenge the perquisite of his villain r Brac ib 11. Nor is there a Prescription in all things as for example not in those which are not subiect to commerce nor in those of which the Crown is properly sole Lord s Lit l 2 c 11 nor where the use is repugnant to reason and good manners t Id ib Brac tr nor in case where an alienation cannot be made without an instrument u Brac l 2 c 19 n 4 1 c 38 n 13 and it is agreed amongst some of what things a prescription cannot be and received generall with us that no prescription in Lands maketh a right w Dr. Stu. l. 1. c. 8. 12. Nor can a prescription be of those pertinencies whose principles have not a perpetuall and durable continuance x Dier fo 70. n. 40. or of those things whereof no one can tell what he or his Ancestors particulerly whose Estate he hath did possess y Id. fo 71. n. 42 And lastly a Prescription is of no validity against a Statute afterwards made z Id. of 373. n. 13. 13. It was much controverted among the Ancients how long after one might bring his Writ of Right after the title or Right to Lands or Tenements c. have laine dormant or his Assise or Writ of entry to gain a possession as it were lost by him to whom it appertained a Thaleat Digest br l. 10. c. 21. but this whole Controversy is composed by the prudence of Parliament which hath provided and fitted apt remedies for the difference in each case b 32. H. 8. c. 2. Coo. l. 4. Bevils Case fo 10. ● Of Gifts TIT. VII THere are many waies of Acquisition by the civill Law viz. By way of Gift succession Testament and others as shall appear hereafter a Bract. l. 2. c. 4. Flet. l. 3. c. 2. but in regard that amongst all the other causes the most great known and famous is that of Donation or gift therefore it doth worthily challenge the first place for that by it there is a more great and frequent acquisition then any other b Brac. cod c. 5. n. 2. Brit. c. 34. 1. Donation is a certain institution which proceeding out of meer Courtesie and will without any coercive or compulsive Law or Right transfers a thing unto another And to give is to render a thing his that receivs it effectually otherwise that Donation or Giving were uselesse which could be revoked and made void c Bract. eod n. 2. Brit. ib. Flet. l. 3. 2. Our Authors do frequently call a Donation a Feoffment but the word Donation hath a greater latitude for that it doth not only comprehend a free alienation of immoveables but of some moveables also d Bract. l. 2. c. 26. yet in Lands these appellations are distinguished thus A Feoffment is of a Fee simple to the Donee or Feoffee and a Donation or Gift is of an Estate taile e Lit. l. 1. c. 6. 3. Donation in the largest signification is thus divided viz. That it is either amongst those who are still living or upon occasion of Death Of which we shall speak hereafter f Brac. l. 2 c. 5. Flet. l. 2. c. 57. Of gifts some are simple and pure as namely those which proceed no Law or right either civill or naturall inforcing no Reward Fear or Force interveneing from the meer free bounty of the Donor and where the Donor will not in any case that the thing given should revert to him g Brac. l. 2. c. 5. n. 3. and l. 2. c. 10. Flet. l. 3. c. 3. and c. 8 another is from a future Cause namely where any cause is interposed for which a thing shall or shall not be h Dier fo 33. n. 34. under which kinde fall gifts by reason of Marririage Dower i Glan l. 7. c. 1. and c. 18. Bract. l. 2. c. 7. Flet. l. 3. c. 9. or Death c. As if one gives any thing with such an intention that it shall be the Donees when a subsequent thing is performed And these kinde of Gifts are not properly Donations when they are conditionall k Bract. ib. Bri. c. 34. F. N. B. f. 205. h. Flet. l. 3. c. 11. but Donation is sometimes with relation to a cause past l Brit. c. 35. lit c. 5. fo 76 and sometime with relation both to past and future causes m Plowden fo 455 n Bract. l. 2. c. 5.