Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	die_v	life_n	tenant_n	4,628	5	10.2669	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35923	A Dialogue concerning the rights of Her Most Christian Majesty	Bilain, Antoine, d. 1672.; Bourzeis, Amable de, 1606-1672.; Joly, Guy, fl. 1648-1655.	1667 (1667)	Wing D1362; ESTC R33450	36,049	79

of it to make it instrumental to destroy the Rights of Bloud which are the strongest bonds of Peace and Union among Soveraigns But can any thing seem stranger than to say that in favour of a Peace the Queen and her posterity are to be deprived of all their Birthrights And that the Catholick King her Father and Tutor may retain all that he enjoys of her Estate to bestow it upon his Children by a second Venter Pray be pleased to tell me what affinity there is between the Peace and Renuntiation The Treaty of Peace speaks not one word of it and the powers given to the Pleni-Potentiaries for concluding it speak not in any wise whatsoever either of the Renuntiation or Marriage As to the most Christian Kings Ratification that might have some consequence had there been no other Nullity in the Queens Renuntiation but only the want of the King her husbands Authorization of it a confirmatur res invalids si ejus perfectioni object solum dissensus habencium ratum alioqui si alia obstarent non confir maretur ratihabitione Damasc tr De Broc membr 3. Nu 7 Ratihabitione non valid ●ur id quod nu lum est Az lib. 15. tit 21. But can any one think that a Renuntiation made by a Minor to the advantage of the Father and his other Children by a second Venier without any Portion paid without liberty without knowledge and without Authorization in the case of an Estate already fallen to her which in its own nature is inalienable can be made good by the Husbands Ratification This supposed the Decretal hath little reason to say that a Renuntiation is voyd where the Daughter hath no portion given her For since every Woman is authorized by her Husband by the Contract of Marriage for all the Articles therein contained Never any of that Sex can complain of any Renuntiation that can be exacted because of the obvious objection of a fo●mal Authorization and Approbation of the Husband by the Contract of Marriage But on the other side if it be plain that an Husband cannot in any manner alienate the Right or Estate of his Wife how then can it be possible that the most Christian King can by his Ratification make the Queen his Wife lose those Estates and Soveraignties which she her self had not power to alienate Give me leave to say that it cannot be believed without a manifest violence to Reason that a Ratification of the Husband is of greater force and efficacy than the Wives personal Renuntiation to deprive her of her Rights But after all this Spain having since the marriage of the Infanta obtained that Renuntiation by some private Acts which they never yet durst shew who can imagine that his most Christian Majesty hath legally ratified without seeing them since according to all our Principles and according to the very Essence of a Ratification such an Act requires a perfect knowledge a Ad hoc ut ratificatio sibi vindicet locum oporter ut ille qui vult hab●re ratum sciat cognoseat comprober quod factum est aliàs Nemo quod ignorat approbat ratum hab●t Lancel tract de attent cap. 1. Num. 72. and that the Act so ratified be presented in a good and sufficient Form Germ. I alwaies conceived that the Infanta had made her Renuntiation by her Contract of marriage was it not so French Indeed those Ministers that treated of this Marriage in absence of the parties agreed amongst themselves that the Infanta should make a Renuntiation but it was not drawn till afterwards and in Instruments which France never saw Flem. Pray Sir let us stay no longer upon this Renuntiation but return to the Title and Pretensions of the Infanta French I am content though there are several other Arguments behind but the minority of the Infanta the quality of the Father being the person of his Catholick Majesty the agreement made in favour of his Children by his second Wife want of power in the Ministers that made that Agreement and consented to the Renuntiation and the nullity of the Ratifications made by the Queen since her Marriage without the authorization of his most Christian Majesty are all of them powerful Arguments and fully handled in the Manuscript that I have seen Germ. What need have we to insist any longer upon the Renuntiation This Gentleman hath sufficiently assured you that he rests satisfied when he desired you to go on to the Rights themselves And for my part I assure you I have nothing to object after so many Reasons which you have taken the pains to shew us French Upon your desires I return to the Rights themselves which consist as I told you in the Dutchy of Brabant with its Annexes the Seigneury of Malines Antwerp upper Guilderland Limbourg and its united places Namur Haynault Artois Cambray Burgundy and Luxenburg Germ. You told us that the greatest part of these Pretensions were founded upon a Right of Devolution practised in several of these Dominions Be pleased to tell us the nature of it and what effect it hath amongst you for the better handling and clearing of this Subject French By this Right of Devolution if one of the married persons die the Children issuing from that Marriage are seized in property of all the Fiefs that belong to the Survivor So that if the Husband survives he becomes only Tenant for life to his own Lands the Property belongs to the Children though the Mother had no Title at all Germ. Is there no particular Law at all in force concerning this Custom or doth this Right spring meerly from usage French In their Customs or Common Law there are express Texts for it Germ. Let us if you please particularly examine them and begin with Brabant which is the noblest and most important of all the Dominions French These are the words of the Custom as far as my memory will give me leave and as near as I can translate them out of Latine * Si Vir vel Uxor quibus liberi supersunt moritur ad prolem unam vel plures per separationem thori proprietas feudorum provenentium ex latere Superstitis devolvitur servato superstiti solummodo feudorum usufructu hereditario Cap. 1. Art 2. If a man or woman die leaving Children behind them by this separation of Marriage the property of the Fiefs though they come by the Survivor doth devolve or pass to the Child or Children born by that Marriage the Survivor becoming only Tenant for Life Germ. Lunderstand it well But as there are many Laws which have been abrogated by some contrary Custom may not this be so too French 'T is so far from that that no Custom is more carefully observed than this Kingscot Chancellor of Brabant who died in the year 1608. whom we may justly stile the Oracle of his Country writes that by the Custom of that Dutchy the property of Fiefs whether patrimonial or otherwise acquired do at the