Selected quad for the lemma: justice_n
Text snippets containing the quad
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Corrected Date of Publication (TCP Date of Publication) |
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A22780
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Institutions in the lawes of Englande cum priuilegio.
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1538
(1538)
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STC 9290; ESTC S108752
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28,451
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110
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breuis domini regis assise mortis aÌtecessoris ad coÌem legem vel c. plegii de prosequendo F. G. c. ¶ Nowe althoughe some suche tenauntes haue an inheritaunce accordynge to the custome of the maner yet in very dede they are but tenauntes at the wyll of the lorde For as some men thynke yf the lorde wyll expell them put them forth they haue no remedye at all but to sue vnto theyr lorde by peticion desyrynge him to be good vnto them For yf they myght haue any remedye by the lawe than shold they not be called say they tenauÌtes at the wyll of the lorde after the custome of the maner But other men of no lesse lernynge and prudencye haue ben of contrarye sentence as lorde Bryan chife iustyce in the tyme of kynge Ed. the. iiii whose opynyon was alwayes that if such tenaunt by the custom payeng his seruices be eiected and put forth by his lord without cause reasonable he may very well brynge and maynteyne an action of trespace agaynste his lorde at the coÌmon lawe as appereth H. xxj Ed. iiij Also lord Danby chyefe iustice in lykewyse was of the same iudgement as appereth M. vij Ed. iiij where he saith that the tenaunt by the custome is as well iÌheritable to haue his land after the custome as is he that hath a free holde at the coÌmon lawe but the determinacion of this question I remytte to my great maysters Qui iuris no dos legum enygmata soluunt Forasomoche as yet styl of this mater Certant cuasidici adhuc sub iudicelis est ¶ Also ye shall vnderstande that thusage of some maner is whan the tenaunte wyll surrender his lande to thuse of an other that he shall take a wande in his hande delyuer it to the steward of the court and the stewarde shall delyuer the same wande in name of seisin to hym that shall take the lande and suche a tenaunt is called tenaunte by the verge Dyuerse other customes there be of surreÌdring of copy hold landes which here for prolixitie I wyll pÌtermit And forasmoche as tenauÌtes by custome of the maner haue by the course of the coÌmon lawe no free holde therfore they be called tenauÌtes of base tenure ¶ Hytherto I haue treated of the fyrst membre of diuision that is to wyte of chatelles for as I sayd al leeses for terme of yeres at wyll be accompted in the lawe but as catelles and be comprised vnder that name saue that they be called catelles reals where as kyne oxen horses money plate corne suche lyke be called chatell personalles Nowe we wyll prosede to thexplanicion of the seconde membre that is to saye of free holdes ¶ A diuision of free holdes ¶ Free holdes or franke tenemeÌtes a maÌ may haue in suÌdry wyses for eyther he is seased for terme of his owne lyfe or for terme of an other maÌs lyfe yf for terme of his owne lyfe either he haue goteÌ such estate by way of purchase or els the lawe hath enââed him thervnto I call it bi purchase whether he coÌmeth vnto it by his owne bargayning procurement or by the gyft of his frend and I cal it by thoperacion and intytlynge of the lawe whan a man maryeth a woman that is an inherures hath issue by her and she dyeth nowe shal he haue the landes duryng his lyfe by the course of the lawe and shal be called tenaunt by the curteysye of Englande In lyke wyse yf a man be scased in fee simple or fee tayle of landes taketh a wyfe he dyeth the law gyueth vnto the wyse the thyrde parte of her husbandes landes for terme of her lyfe and she shal be called tenaunt in dower ¶ Tenaunt for terme of lyfe ¶ Tenaunt for terme of lyfe is he that holdeth landes or tenementes for terme of theyr owne lyfe or for terme of an others lyfe Howe be it the moost frequent maner of speakyng is to cal him that hath estate for terme of his owne lyfe tenaunt for lyfe and hym that hath estate for terme of an others life tenaunt pour terme dautre vie that is to saye tenaunte for terme of an oters lyfe Ye shal note that he that maketh the lees is called the lessour he to whom the lees is made the lessee so he that maketh a feffemeÌt is called the feffour and he to whom the feffement is made the feffee Also yf tenaunt for terme of lyfe or tenaunt pour terme dautre vie do waste the lessour or he in the reuersion shall maynteyne an action of waste agaynste hym and recouer treble damages Finally ye shal vnderstande that by an acte of parlyament made in the. xxvii yere of Henry the eyght it is enacted that no free holde nor estate of inheritaunce shall passe ne take effecte but by dede indented sealed and enrolled in one of the kinges courtes at Westminster or els within the same countie where the lande lye as by the sayd acte more at large appereth ¶ Tenaunte by the curtesye ¶ Tenaunt by the curtesye of Englande is he that hath maryed a wyfe âherited and hath had issue by her she deed in this case the lawe of Englande permytteth hym to reteyne al his wyues landes that she had eyther iÌ fee simple or fee tayle so longe as he lyueth And this is by the curteysye of Englande for this thynge is vsed in none other region But in this case it is requyred that the chylde ve vitall that is to say be borne and brought forth in to this worlde alyue and therfore the coÌmon sayenge hath ben that onlesse the chylde be herde crye the father shall not be tenaunte by the curtesye for thonely proue and argument of lyfe in an infaunt newe borne is the vagite and cryenge Ye shall vnderstande that onlesse the husband be in actual possession of his wyues landes and seased of them in her ryghte he shall not be tenaunt by curtesye after her deth And therfore yf landes descende to a mans wyfe so that she is tenauÌt in the lawe and to euery mans accion yet yf the husbande haue not made an actuall entree duryng the couerture he shall not be tenaunte by the curtesye for it shall be reputed his foly and negligence that he wolde not entre in her lyfe Otherwyse it is of aduousons rentes and suche other thynges whiche forthwith whan they discende be in a man without any entre or further ceremonye Note that if tenaunt by the curtesye wyl suffre or make any wast in the landes or tenemeÌtes that he so holdeth he is punyshable therfore by action of waste Also it is to be knowen that of thinges that be in suspence a man shall not be tenauÌt by the curtesye therfore yf a man be the tenauÌt in fee simple of certayne lande doth entremary with a woman that is the seignoresse or lady of the same hath issue by her she dyeth yet he