Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	body_n	heir_n	remainder_n	3,791	5	10.8619	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52908	A treatise concerning estates tayle and discents of inheritance written by N.N. ; and published by I. Sherman ...	N. N.; Sherman, John.	1641 (1641)	Wing N61; ESTC R32142	15,482	46

favour for whereas feoffments made amongst strangers if they be not cloathed with good and valuable consideration the use of the gift is not changed but the donee remaineth seised to the use of the donor for want of reciprocall exchange of gaine yet if the father infeoffeth his child the consideration of fatherly affection is prized recompence enough to change the use and this holds true of all consanguinity but the heire which is so called ab haerendo quia haereditas sibi haeret hath in law a more mutuall valuation with his father and a greater interest in the Inheritance then the younger sort for if the heire endoweth his wife by the consent of his father this endowment is good and if the sonne dyes the wife shall have her dower though the father liveth but this holdeth not of the younger sonnes by which it appeares that our law admits the heire an interest in his Inheritance during his fathers life but if this should seeme strange then may it bee more plainly proved out of Mr. Glauvile who putting some difference between quaestum haereditas saith that the Common law would not suffer the father to give any part of his Inheritance to his yonger sonnes without the consent of his heire his words to that purpose are these si quis plures habuerit filios mulieratos non poterit de facili praeter consensum haeredis sui filio suo post-nato de haereditate suâ quantamlibet partem donare If any man shal have divers sonnes lawfully begotten he may not easily without his heires consent give any part of his Inheritance to his yonger sonne and yet after he granteth that the father may give part to a stranger or to his bastard which might seeme hard if he had not shewed the reason thereof viz. quia si hoc esset permissum accideret inde frequens prius natorum filiorum exhaereditatio propter maiorem patrum affectionem quam saepe erga post-natos suos habere solent Thus may you see how much our law esteemeth and defendeth the birth-right of the heire not onely in giving him private power by the consent of his father to endow his wife but likewise in restraining the father from following his peculiar affection in bestowing his Inheritance contrary to the meaning of the law and this for ought I know remaineth law to this day neither is it unreasonable that the heire whom the law onely burdeneth with descents of warranties debts and such like should by the law reape onely the advantage of Inheritances Much more equally therefore hath our common law provided for our heires then these abortive estates taile and yet of entailes I confesse that some are more tollerable then others because they doe lesse manacle the pure and naturall course of Inheritances for when lands are given to the eldest sonne and to the heires of his body this varieth not much in the order of descent from fee-simple because the immediate heire male or female shall by this gift enjoy the Inheritance otherwise due and were it not for defrauding Creditors and abasing the price when a sale is enforced and some other inconveniences I should thinke it just but if lands be given to a man and to his wife and the heires of their two bodies if the wife dying leave but a daughter though afterwards the Husband marrying againe hath issue a sonne and dyes by this gift entaile the daughter shall dis-inherite the sonne against the expresse rule of all lawes Againe if lands bee given to the heire apparent and to the heires males of his body with remainder over to the heires male by this gift the heires generally are against all right robbed of the birth-right which fashion of restraining of Inheritances from their due forme doth seeme to me most unjust and this I affirme the rather because wee find no such gift expressed in the statute of West 2. though I confesse they are taken to be comprehended within the meaning thereof but because this word heires in his equivocate sence hath divers wayes to be understood it were meete I should discover my meaning thereby which principally intendeth the first begotten son who onely can bee heire according to master Glanvils primogenitus patri succedit in totum ita quod nullus suorum fratrum partem inde jure petere potest the first begotten sonne succeedeth the father in all so as none of his brethren can lawfully claime any part thereof in whose absence the second brother succeedeth and so in order and in want of brothers the sisters are heires for Mr. Glanvile likewise saith that si non reperiantur fratres vocandae sunt sorores quibus praemortuis eorum liberi vocantur And this hath not onely bin a continuall practise of the common law but it is likewise well warranted by the Commandement of Almighty God as may appeare by his Answer 23. Numbers when Moses delivered unto him the petition of the daughters of Salphaad when after their fathers death without sonnes they demanded possession of his Inheritance amongst their Cousens which was Iustam rem postulant filiae Salphaad da jis possessioneminter cognatos patris sui et ei in haereditatem succedant ad filios autem Israel loquêris haec homo cum mortuus fuerit absque filio ad filiam transibit haereditas si filiam non habuerit habebit successores fratres suos The daughters of Salphaad doe aske that which is just give them possession among their fathers kindred and let them succeed him in the Inheritance and to the children of Israel these things shalt thou speake when a man shall dye without a sonne the Inheritance shall passe to his daughter if hee hath never a daughter his brethren shall succeed and this hath not bin onely commanded but practised in all ages for women have succeeded in Kingdomes and in the greatest Inheritances If I have failed in the beginning of this discourse to prove that Inheritances at our common law doe follow to all purposes their true patterne set forth in the lawes Divine let this I pray serve for a full supply therein since hereby you may perceive they agree to all intents and least we should take this as a law limited to continue some short time it followeth eritque hoc filiis Israel sanctum lege perpetuum worthily therefore was lex Voconia in the civill law which excluded women from their Inheriting abrogated as unworthy of the reputation of a law since it swarveth from the forme of God his law and to this purpose hath St. Augustine lib 3. De Civitate dei lata est Romae lexilla Vocoium ne quis haeredem foeim eam faceret necunicam filiam qua lege quid iniquius dici aut cogitari possit ignoro The Voconian law is made at Rome by which it is prohibited that daughters or a daughter shall inherit then which law I know not what can bee said or devised more wicked who is he that understanding the high