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england_n act_n parliament_n person_n 2,736 5 5.0257 4 false
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A86253 The law of conveyances, shewing the natures, kinds, and effects, of all manner of assurances, with the manner of their several executions and operations. Also directions to sue out and prosecute all manner of writs, of extent, elegit, and judiciall writs upon statutes, recognizances, judgments, &c. A warrant to summon a court of survey: and the articles to be given in charge, and inquired of in that court. With an exposition of divers obscure words and termes of law, used in ancient records, &c. And also plaine decimall tables, whereby may be found the true values of lands, leases, and estates, in possession, or reversion. With a concordance of years, &c. / By John Herne Gent. Herne, John, fl. 1660. 1655 (1655) Wing H1570; Thomason E1597_2 165,473 258

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owne Child Attainders which give Escheat Attainder by Verdict Confession Outlawry Abjuration but upon either of them judgment must be given Forfeiture of Goods and Chattels Going beyond the Sea without license Exigent awarded in Felony though he yeild his body thereupon Clergy in Felony standing mute in Felony Felo de se Flying for Felony though he returne and be tryed and found not guilty These bring a forfeiture of all a mans Goods and Chattels as well reall as personall Attainder to what time it shal relate for the forfeiture of Lands and Goods Forfeiture He that is attainted of Felony by Verdict Confession or Outlawry doth forfeit all the Lands he had at the time of the offence committed so that he can do no Act afterward to encumber the Land If Tenant in taile be attainted of high Treason he shall forfeit for no longer time then for his owne life If a man have an Estate for life of himselfe or of another do commit Treason or Felony the whole Estate is forfeited to the King but no escheat to the Lord. But a Copyhold of Fees as for life is forfeited to the Lord and not to the Crowne and if it be entailed Forfeiture by a Copy-holder the Lord is to have it during the life of the Offender and then his Heire is to have it A man attainted may purchase Pardon Corruption of blood but it shall be to the Kings use untill the party be pardoned yet the pardon giveth not back their Lands or Goods without a speciall Patent of Restitution which cannot restore the blood without an Act of Parliament So if a man hath a Son and then is attainted of Felony and pardoned and then purchaseth Land and then hath issue another Son and dieth the Son he had before the pardon though he be his eldest Son and the Patent have words of restitution to his Lands yet he shall not inherit them but the second Son shall inherit them because the blood is corrupted by the Attainder and cannot be restored by Patent alone but by Act of Parliament And if a man hath two Sonnes Where a man shall be said to dye without Heire although he have one and the eldest is attainted in the life of his Father and dieth without issue living the Father the second Son shall inherite the Fathers Lands but if the eldest Son have any Issue though he dye in the life of his Father then neither the second Son nor the Issue of the eldest shall inherit the Fathers Land but the Father shall be there accounted to dye without Heire and the Land shall escheat whether the eldest Son hath issue or not though he be pardoned after the death of his Father Note that the Heires procreate after the Attainder shall not inherite the Lands of his Father nor of his Mother But the Heires begotten before the Attainder shall inherit the Lands of that Father and of that Mother which was not attainted but the Lands of his Father attainted or of his Mother which is attainted he shall not inherit although the King hath pardoned the Attainder The operation and effect of a pardon For a pardon doth but onely cleare the corruption of the bloud of these children which be borne after the pardon and so to make them capeable to inherit such lands which their Ancestor shall purchase at the time of the pardon or any time after but not to inherit such lands as the Ancestor was seised of before nor to purge the bloud of those children begotten before the pardon as to make them inheritable to any Ancestor Alien and Denizen A man seised of lands in Fee hath issue an Alien borne out of the Kings Leigeance he cannot be heire Propter defectum subjectionis though he be born within lawfull marriage if made Denizen by the Kings Letters patents yet cannot he inherit to his father or any other but otherwise it is if he be naturalized by act of Parliament for then he is not accounted in law Alienigena but Indigena but after one is made Denizen the issue that hee hath afterwards shall be heire to him but no issue that he had before If an Alien come into England and hath issue two sons these two sons Indigenae subjects borne because borne within the Realme and yet if one of them purchase land in Fee and dieth without issue his brother shall not be his heire for there was never any inheritable bloud between the Father and them and where the sons by no possibility can be heire to the Father the one of them shall not be heire to the other An Alien that is naturalized by Act of Parliament is to all intents and purposes as a naturall born subject differs much from denization by Letters patents for if he had issue in England before his denization that issue is not inheritable to his father but if his father be naturalized by Parliament such issue shall inherit so if an issue of an English man be born beyond Sea if the issue be naturalized by act of Parliament he shall inherit his fathers land but if he be made denizen by Letters Patents he shall not and many other differences there are between them An Alien borne out of the Kings leigeance his ancestors not being of the faith and leigeance of England is neither heire to inherit nor to purchase within this realme yet the Lord shall not have the escheate because he died without heire but the King which is the supreame head and the supreame person shall have this Land by the common Law But an Alien borne out of the Realme and within the Legiance of the King his Father and Mother being then and all their live of the legiance of the King shall inherit by the common Law Infants borne out of the Kings legiance the father and mother at the time of the birth being leigemen of England shall inherit by the Statute of 25 E. 3. so that the mothers of the children pass the Sea with the husbands leave and consent this statute extendeth all to children whose fathers and mothers were dwelling in England If an Alien marry here an english woman and hath issue this issue shall inherit to the wife the same law where the husband an English-man marry a woman that is an Alien and hath issue he shall inherit his father All which said trusts every one of them the said A. B. C. D. for himselfe severally and respectively Covenant severall no joynt covenant and for his severall and respective heire Executors and Administrators for as much as shall concerne him or them and his or their said heires Executors or Administrators c. doth covenant c. And the said A. B. C. D. do severally and respectively that is to say either of them for himselfe and by himselfe his severall heires Executor When Covenants are severall they are as severall Deeds written in one Parchment Coke 5. part fo 23.
the terme of his life without c. and from and after his decease to the use and behoofe of B. P. his wife for and during the terme of her life for her joynter And from and after the severall deceases of them the said H and B P. then to the use of the heires males of the body of the said H P lawfully to be begotten And for default of such issue then to the use of Dame F. P. for and during the terme of her life untill such time as she the said Dame F. or any other by her allowance shall by any publick act by him or them done or suffered to be done seek endeavour To the use limited for life untill she shall practise to do an act or put in practise for to avoide or question the joynter of the said B P either in part or in all or any other estate grant Lease or use whatsoever now made or at any time hereafter to be made and limited by the said H P of any part or parcell of the said Mannors Lands and other the Premises and immediately from and after such publike act as aforesaid or after the decease of the same Dame F then to the use of H P Esquire son of the said c. untill c. And for and concerning the inclosed ground and Park to the use and behoofe of the said H P for his life To the use of a woman for part of her Joynter Joynter by way of the lymitation of a yearely anuity and after his decease to the use of the said Dame G. for terme of her life for part of her Joynture And after her decease to the use intent and purpose that such other wife as the said H P. shall have at his decease other then the said Dame G shall and may receive and take out of the said Parke ground and other the last mentioned Premises one yearly rent of 200 pounds of lawfull money of England for the terme of the life of such wife for her joynter the said rent to be paid at the feast of St Michael the Arch-angell and the anuntiation of our Lady by equall portions And after c. to such uses intents and purposes Vses limited to ones last will and testament and for want of such will to any other uses c. vide plus 18. 2. 8 Vses first of all raised for divers mens lives as the said H P by his last will and Testament in writing or by any writing or by any writing to be made by him sealed and subscribed shall limit and declare and for default of such limitation or declaration to the use and behoofe of the said H P. and his heires for ever That is to say to the use and behoofe of the said F M and of his Assignes for and during the joynt lives of him the said F M. and the said E M his son without impeachment c. and from and after the decease of the said F in case the said F shall fortune to depart this present life during the life of the said E M. his son then as for and concerning the mannor and Lordship of T. with all his rights members appurtenances to the use and behoofe of the said A. now wife of the said F F.M. and of her assignes for and during the terme of her naturall life if the said E. M. the son shall happen so long to live and from and after the decease of the said E. M. Vses raised for satisfaction of Joynter dower then as for and concerning the Scite or chiefe Mansion house c. to the only use and behoofe of the said B. for terme of her naturall life for and in full satisfaction and recompence of all such Joynter and Dower as to the same B. shall or of right ought to belong or appertaine by from and after the decease of the said E. M her husband And as for and concerning the residue of the said Mannor of c. to the onely use and behoofe of the said A. and of her assignes absolutely for tearme of her life in full satisfaction of the Joynter of the said A. And then after the lives ended the use of the reversion expectant on those lives is setled And as for and concerning the reversion and reversions remainder or remainders of the said Mannors c. as the said uses estates and interest therof herein before lymited or expressed shall be fully ended and determined and for and concerning the said Mannor of c. as the estates and interests therof before limited or expressed in these present Indentures shall fully end and determine Then to the use and behoofe of the said F. M. for terme of his naturall life without c. and from and after his decease then to the use and behoofe of E. M. for terme of his life without c. and from and after his decease to the use and behoofe of the first son to be begotten by the body of the said E. M. and of the heires males of the same first son lawfully begotten To the use of every other the sons as they shall be in seniority or age Lands conveighed to uses for the raising of portions for daughters and so to the second son unto the tenth son And for default of such issue then to the use and behoofe of every other the sons to be begotten by the body of the said E. M. successively as they shall be in seniority or age and of the heires males of their severall bodies lawfully begotten And for default of such issue then to the use and behoofe of all and every the daughters which the said E. M. shall have begotten on the body of the said B. at the time of his decease being then unmarried and of their assignes from and after such time as each of them shall have accomplished their severall ages of 18 yeares or be married to and untill such time as every of the same daughters successively one after another as they shall be in seniority or age shall or may levy receive and take to every of their own propper uses and behoofes of the rents profits and issues of the Premises the severall summes of 300. pounds a peece of currant money of England or otherwise shall be fully satisfied contented or paid of the said severall summes by such person or persons to whom the next immediate reversion or remainder of the premises shal then by the intent and meaning of these presents of right belong and appertaine And from and after such time as the said severall sums of 300. pounds shall be fully levied received or paid as is aforesaid c. and for default of such daughters whichsoever of them shall first happen Then to the use of T. M. second son of the said F. M. for tearme of his life and so on with an intaile as before and for default of such issue then to the use and behoofe of the said E.