Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	brother_n	die_v	elder_a	1,509	5	9.7904	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A78161	The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.	I. B.; G. T.	1656 (1656)	Wing B82; Thomason E1611_1; ESTC R22388	195,053	388

the Son is privy also in blood but not in estate for although the possession of the same land came to him by discent as heir to his father yet he was therein remitted forthwith to his former estate 3 And a third kind of privitie in blood tantum is where a man in some respect is privy in blood and estate and in another respect privy in blood tantum As for example if there be two brothers and the eldest purchaseth lands in Fee is thereof disseised by his younger brother afterward disseised by a stranger and that stranger dyeth thereof seised the younger brother being within age and afterwards the elder brother dyeth without issue the younger Son hath two manner of rights to the land the one is a right of entry against such heir as is in by discent during his minority but that right is only in respect of his former possession which he obtained by disseisen and not as heir to his brother and in this respect he is privy in blood to his eldest brother but not privy in estate The other right that is now in the younger brother is only a right in action and not a right of entry and this is in him as heir to his brother whose entry was taken away by the said discent in respect of his right he is privy in blood and estate to his brother Privity in estate tantum is where a man claimeth an estate in land as assignee to another as if A infeoffe B. in this case B. and his heirs are privy in estate to A. Privity in blood and in estates are of two sorts whereof the one may properly be called a privity of blood and estate the other is so called improperly and in a borrowed sence That which is properly called a privity in blood and estate is when both privities do acrew by discent by or from one Ancestor The other is when one of them acreweth by one manner of title and the other by title of another kind as for example if there be a father and a son and the father purchaseth lands and dyeth thereof seised and the same doth descend to his Son he is to his father in a proper sence privy in blood and estate because both those privities doe to him acrew by one discent from one Ancestor It is to be noted that such privies as the Statute meaneth are after the ingrossing of the Fine Proclam made according to the form of the Statute absolutely barred without hope of recovery or restraint by any claim but such as are strangers are barred only conditionally if they or their heirs do not claim according to the form of the Statute within the times therein prescribed It is a rule in Law that no error in the fault of the Judge can be assigned to reverse a Judgement unless it may be tryed by view of the Record or by inspection of the person for if it should many grave Judgements would be overthrown by corrupt tryals of false surmises to the subversion of Justice and maintenance of Vice But if the Judge give Judgement for the one party upon the matter appearing of record whereas he ought to give judgement for the other party this is reversible by error because such a fault of the Judge through ignorance of the Law is apparent by the view of the Record What persons may be Cognisors in Fines and what not AN Infant ought not to be Cognisor especially if it be a Feme covert for that she cannot reverse it during the coverture which continuing till she come to full age barreth her for ever 50 E. 3. fo 5. 21. Ass 53. * 7 H. 4. s 23. 43 E. 3. f. 20. Also no feme covert ought to levy any Fine without her husband is avoidable by the entry of him yet since a Fine levyed at this day and proclamation according to the form of the said estate of 4 H. 7. 31 Eliz. cannot be avoided by the entry of the Husband of the Cognisor as to the estate of inheritance but only to the frank tenement during the Coverture and so long afterwards as he shall be tenant by the curtesie if he had issue by his said Wife before the Fine levyed And in that case albeit the Husband do enter in 5 years or before Proclamations had and made the feme and her heirs are barred as privies to the Fine the words of the said Statute of 4 H. 7. be the Fine to be a final end and conclude as well privies as strangers and yet all strangers shall not be barred by such Fine The King is no such stranger as is comprised in the the said Act for if the Law-makers had meant to conclude the King thereby of his right then it is not to be doubted his greatness being such as it could not be forgotten but they would have made some provision for his claim which thing they have not done because they never intended to conclude him but others being bodies corporate of things that goe by way of succession are comprised in this word strangers in the body of the Act. And yet they are not contained in the letter of exception or of any of the savings which do save r●ghts to men and their heirs speaking nothing of Corporations or successions or of any thing in succession He which intrudeth upon the Kings possession ought not to be Cognisor for his Fine is void for by his entrie upon the King after office and before livery sued he gaineth no freehold 1 H. 7. fo 9. 24 E. 3. f. 65 but if the Fine be levyed without intrusion it bindeth the Cognisor and his heirs if the Husband levies a Fine of his wives land without her it is void 32 H. 8. c. 28. If a woman be Cognisor she ought to be examined whether she do of her own free will or by compulsion of her Husband but being Cognisee she is not to be examined because it is for her benefit 3 H. 6. f. 42. E. 3. f. 7. A Woman may not levy a Fine of such lands c. as she hath in Dower Joynture or for her life or in tail of the gift of her husband or of any of his Ancestors or of any person seised to his use upon pain to loose her estate 11 H. 7. c. 20. Neither an Ideot natural nor any other person of non sane memorie ought to be Cognisors for their Fines as it seemeth may not be reversed 17 E. 3. f. 52. 78. 17 Ass 17. A Tenant for life may not without danger to forfeit his estate be Cognisor in a Fine upon grant and render but upon a grant and release he may 44. E. 3. f. 36. And he may also be Cognisee in a Fine of release without forfeiture of his estate 1 H. 7. f. 9. Rent cannot be reserved upon a Fine sur cognisance de droit come ceo que il cognisee ad del done de cognisor nor sur fine sur release otherwise than by render

singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever as by the aforesaid Indenture more fully appeareth and whereas also the same W. afterward by the name of W. C. of I. in the County of N. Esquire otherwise called W. C. of W. in the County of S. Esquire together with his aforesaid Brother C. C. of Lincolnes Inne in the County of M. Gent. by a certain Indenture between the aforesaid W. C. of the one part and the aforesaid E. B. of Lincolnes Inne in the County of M. Gent. of the other part made bearing date the 19. day of October in the year c. also bargained and sold to the aforesaid E. all the Lands Woods and Woodlands and other hereditaments under-written by whatsoever name or whatsoever names they are called reputed or known viz. all those Lands called S. otherwise called Q. otherwise called great Q. and the Brome otherwise S. and the Brome and all other Lands and hereditaments whatsoever containing by estimation 15. Acres whether it be there accounted more or less by whatsoever name or whasoever names the same he called reputed or known now or lately in the tenure or occupation of the same T. B. by the demise of one I. C. of I. aforesaid Esquire then lately dead which said parcels do lie and are in E. in the County of R. And all those Lands now or lately in the tenure or occupation of one P. W. of E. in the aforesaid County of R. lying and being in E. aforesaid by reason of a demise to the same P. made by the aforesaid I. C. containing by estimation five Acres whether it be accounted more or less and also all those Lands now or lately in the tenure or occupation of one I. I. by the demise of the aforesaid I. C. to the same I. I. made containing by estimation 48. Acres whether it be esteemed more or less lying and being in divers severall parcels in E. aforesaid whereof some parcels are called or known by the name of P. otherwise called B. some other parcels thereof are called or known by the name of R. one other parcell thereof is called or known by the name of S. Dame And also all those Woods and Woodlands below specified viz. E. W. containing by estimation two Acres whether more or less it be there esteemed the woodland lying at knowel gate in E. aforesaid containing by estimation one Acre and three rods whether it be more or less there esteemed all which are lying and being in E aforesaid to have and to hold all the aforesaid Lands Woods and Woodlands and all other the premises with all and singular their appurtenances to the aforesaid E. B. his Heirs and Assignes to the sole and proper use and behoof of him the said E. B. his Heirs and Assignes for ever And whereas also the same W. together with the aforesaid C. his Brother afterwards to wit in the Court of c. here at Westminster in eight dayes of Saint Michael in the year c. in part of fulfilling of the grants and covenant in the aforesaid Indenture specified recognized all the aforesaid Lands Woods and hereditaments with their appurtenances by the name or names of 54. Acres of Land 40. Acres of pasture and 6. Acres of Wood with the appurtenances in E. aforesaid to be the right of the aforesaid E. B. as those which the same E. B. then had of the gift of the aforesaid W. and the aforesaid C. his Brother and those then he remised and quite claimed from himself and his Heirs to the aforesaid E. and his Heirs for ever and the aforesaid W. by the same writing here in Court brought forth then approved ratified and confirmed to the same E. B. in his full and peaceable possession and seisin of the premises being all his right title estate and Interest of and in the premises all which Lands aforesaid pasture woods woodlands and all and singular other the premises with all and singular their appurtenances to the aforesaid E his Heirs and Assignes to the sole and proper use and behoof of him the said E. his Heirs and assignes for ever And hereupon the aforesaid W. C. by that writing did oblige himself and his Heirs to warrant to the same E. his Heirs and assignes for ever all the aforesaid lands woods and woodlands all other the prem●ses with their appurtenances against all men for ever as by the aforesaid writing here in Court produced more fully it appeareth And the same E. saith that the aforesaid tenements in the Writ aforesaid specified are the same tenements mentioned in the aforesaid writing here in Court produced and no other nor divided and that one H. R. of the tenements aforesaid with the appurtenances in form aforesaid being seised prosecuted against him the said E. B. a certain Writ of the Lord Protector of entry upon disseisin in le quibus of the tenements aforesaid with the appurtenances whereby the same F. hanging that Writ hath often hitherto required the aforesa W. C. that he the tenements with the appurtenances to the same E. would warrant and the same W. the aforesaid tenements with the appurtenances to the same E. hitherto to warrant hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the value of 300 l and thereupon he produceth sute c. And the aforesaid W. C. by T. B. his Atturney commeth and desendeth the force and injury when c. and saith that he cannot deny the action aforesaid of E. aforesaid nor but that the aforesaid writing here in Court produced is the deed of him the said W. C. nor but that he by the same writing hath confirmed to the aforesaid E. the tenements aforesaid with the appurtenances nor but that he the aforesaid W. by that writing is held to warrant the tenements aforesaid with the appurtenances to the same E. in form as the same E. above against him hath declared Therefore it is considered that the aforesaid W. C. do warrant to the aforesaid E. the tenements aforesaid with the apputenances for place and time c. And nothing of mercy of him the said W. because he came the first day by summoners c. Hil. 13. Ro. c. let the like entry be made against C. C. mutatis mutandis F. W. Gent was summoned to answer W. R. of a Plea that he warrant to him eight Messuages of 6. Gardens 3. Orchards 4. Acres of Land 6. Acres of Meadow and 2. Acres of Pasture with the appurtenances in B. and B. which he holdeth and of him claimeth to hold and whereof he hath his Land c. And whereupon the same W. by W. C. his Atturney saith that the aforesaid E. was lately seised of the tenements aforesaid with the appurtenances in his demesne as of Fee and so thereof being seised the same F.

peace in the time of the Protector by taking thereof expletion to the value c. that such is his right he offers c. The defendant And the aforesaid T. and I. by W. B. their Atturney came and do defend the right of the aforesaid Earl and their seisin and chiefly of the Manor Messuage c. to him do warrant c. And hereupon the aforesaid Earl demandeth The demandant against him the said W. P. the Manor Messuage c. with the appurtenances in form aforesaid c. And whereupon he saith that he himself was seised of the aforesa Manor Messuage c. with their appurtenances in his demeasne as of Fee and right In the time of peace in the time of the Lord Protector now by taking thereof expletion to the value c. And that such is his right he offers c. And the aforesaid W. P. tenant by his warranty The defence defendeth the right of the aforesaid Earl and his seisin and chiefly of the Manor Messuage Lands c. with the appurtenances and all c. And he puts himself thereof on the Issue to be tryed by the grand Assize Grand Assize of the Lord Protector and demandeth a recognizance to be made whether he hath more right to hold the Manor Messuage Lands c. with the appurtenances as tenant by his warranty as he holdeth them or the aforesaid Earl to have the Manor Messuage Lands c. with the appurtenances as he above demandeth them c. And the aforesaid Earl Imprlance prayeth license of imparling c. And he had it c. Default Judgement And afterwards the same Earl by his Atturney aforesaid came again here in Court and the aforesaid W. P. although was solemnly called came not again but in contempt of the Court made default Therefore it is considered that the aforesaid Earl do recover his seisin against the aforesaid T. and I. of the aforesaid Manor Messuage c. with the appurtenances to hold to the same Earl and his Heirs quite of the aforesaid T. and I. and his Heirs for ever And the aforesaid T. and I. may have of the Lands of the aforesaid W. P. to the value of the Manor Messuage Lands c. aforesaid with the appurtenances And the aforesaid W. P. in mercy c. The warrant of Atturney thereof followeth in these words HEref ss John Earl of Shrewsbury puts in his place I. S. against T. B. the Elder and I. his wife of a Plea of Land Heref. ss T. B. the Elder and I. his wife puts in their place W. B. against John Earl of Shrewsbury of a Plea of Land All and singular which things at the request of the aforesaid Earl we have caused to be exemplified and our great Seal which we use for such exemplifications and also for all manner of Judiciall Writs out of the Bench aforesaid issuing forth to be sealed we have caused to be put to these presents Witness O. Saint John at Westm the 28. day of May in the year c. A remission to the Court in a Writ of right TO the Lord Protector c. for that A. in our Court before your Justices of the Bench by your Writ of right D. E. of one Messuage with the appurtenances in S. which of me is holden by my license mediating doth purpose to implead to your Highness by the tenor of these presents I signifie that I have remitted my Court to you thereof in this behalf Saving to me otherwise the right of the Lord in the like case when it shall happen In testimony of which thing these my Letters Patent I have caused to be made Sealed with my Seal dated the third day of May in the year c. The Exemplification of a Recovery inrolled OLiver L. Protector of the Commonwealth of Eng. Ireland Scotl. and the dominions thereunto belonging c. To all to whom these our present Letters shal come greeting Know ye that among the inrolments of Writs and other things depending for common Recoveries according to the form of the Statute of the term of Easter at Westminster in the year c. in Roll the first it is thus contained The Doctor which took the affidavit for the value Essex ss Oliver c. to the Sheriff of Essex greeting Command I. W. I. S. that justly and without delay they render to Jo. St. and R. P. four Messuages 4. Gardens 200. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which they claim to be their right and inheritance And into which the same I. W. I. S. have no entry but after the disseisin which H. H. therof unjustly without Judgemēt hath made to the afores I. S. T. within 30 years now last elapsed as they say And whereupon they complain that the aforesaid I. W. and I. S. them do deforce And unless they shall do it and the aforesaid I. S. and T. H. shall make you secure for prosecuting his plaint then summon by good summoners the aforesaid I. W. and I. S. that they be before our Justices at Westm from the day of Saint Michael in 15. dayes to shew wherfore they wi●l not do it And have you there the summoners and this Writ witness my self at Westminster the 24. day of Septtember Summoners The Sheriffs name in the year c. Gibon Pledges Pledges of prosecuting John Doo Richard Roo Summoners John Den Kich Fen. G. T. Esq Sheriff ss Oliver L. Protector c. to the Sheriff of Essex greeting sum by good summoners E. W. Esq his wife that they be before our Justices at West from the day of S. Hillary in 15. dayes to warrant to Joh. W. and I. S. four Messuages 4. Gardens 300. Acres of Land 100. Acres of Meadow 300. Acres of pasture 40. Acres of Wood and 300. Acres of Lyng and Heath with the appurtenances in B. T. T. C. D. and H. which John St. and Tho. P. in our Court before our Justices at Westm do claim as their right by our Writ of Entry upon disseisin in le post against them And whereupon the same Joh. W. and I. S. in our said Court have called the aforesaid Edm. and John summoners in your County to warrant against them And have you there the summoners and this Writ T. I. D. at Westm the 16. day of Octob. in the year c. * Lone Summoners John Den Rhichard Fen. * T. L. Esq Sheriff ss The prothonatorie in whose office it is entred Summoners The Sheriff The warrant of Atturney * Joh. St. and Tho. do put in their stead E. E. against John W. and I. S. of a Plea of Land ss Iohn W. and I. do put in their place I. A. against Iohn S. and Tho. P. of a Plea of Land ss Edm. W. Esq and Io.