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	seize_v	tenant_n	2,615	5	9.6416	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11297	An answere to a letter cum priuilegio.	Saint German, Christopher, 1460?-1540.	1535 (1535)	STC 21558.5; ESTC S100189	35,044	126

them during his owne lyfe And than after his deth / the heyres of his bodye shall haue the landes accordynge to the fyrst gyfte c. If an infant make a couenaūt to gyue one for his meate drinke for suche a certayne tyme / a horse / and whan he hath ben with him accordynge / he gyueth him the horse And also he selleth him another horse for a certayn some of money ī this case he is boūdē to restore the last horse to the infant agayne / but nat the horse that he had for hys meate and drinke c. An infant of the age of .xx. yeres hauyng suffycient reason to ordre him selfe and his goodes / selleth a maner / with the money thereof bieth another maner that is of better value more profytable to him than the fyrst was / and after he entreth into the fyrst maner / bycause he was within age at the tyme of the sale in that case he is bounde to restore the money that he receyued for the fyrst maner / excepte the ꝑfites that the byer receyued of the sāe maner in the meane tyme / but the maner he is nat boūd to restore / for he hath rizt to it by the law of the realm A man maketh a feoffement in fee to another vpō condicyon that the feoffe shall nat alyen the lande to none other ꝑsone And if he do that it shal be lauful for the feoffour his heyres to reentre / after the feoffe alyeneth the lande contrary to his condicyon the feoffoure entreth in this case the feoffour is bounde to restore the lande to the alyene And the reason is bycause the seyd condicyon is voyde in the lawe A tenaunt for terme of lyfe doth waste in this case he is bounde in conscience to restore him in the reuercyon of the value of the thynge wasted / immedyately after the wast done But of the treble damages n● of the lyeu wasted he is nat boūd to make restitue tyll it be recouered agaīst hī by the law of the realme If a man dissease another dye seased his heyre ētreth / that heyre and all his heyres after hī knowīg the wronge / be boūd to restore the lande to the disseysye his heyres and no prescription ne contynuāce of long possession can helpe in this If a man dissease another case dye seased his heyre entreth as in the case before remēbred after the disseasye dyeth without heyre generall or specyall in this case the heyres of the disseasour is discharged of any restituciō as for the rizt of the lande to any ꝑson for there is none that can clayme that right as heyre to him that the wronge was done vnto and the lorde of whō the lande was holden can nat haue it by eschete / for the grounde of the lawe is / that lande shall nat eschete where the lorde hathe a tenaunt / vpon whom he shal be compelled to auowe / and therfore the right in this case shall extyncte to the tenaunte and also in some case a man maye haue right to lande and a tytle of entre also and yet if he dye without heyre the tenaunte shall nat be bounde to make restitucyon to the lorde by way of eschete as if an infant be disseased / and the disseasour dyeth seased / so that the lande descendeth to his heyre / after the infant dieth without heyre general or specyall in this case the heyre of the disseasoure is nat bounde to restore the lande to the lorde by waye of eschete yet the infant might haue entred And the dyuersyttes of these cases and of manye other lyke / depende onely vpon the groundes maxismes of the lawes of the realme / therfore if they be natte knowen / the right can natte be knowen But than in what maner a man that hath godes or landes wrongefully in any maner / knoweth nat to whō he ought to make restitucyon / shall ordre him selfe for discharge of his conscyence haue ben dyuers opinyons / some men haue thoughte in tyme past / that if the party so boūden to restitucyon / opteyned a dispensacyō fro Rome / that some porcyon therof shulde be dysposed in suche wyse / as it shulde be therein assygned that it shulde suffyce I thynke that no lesse porcyon than the whole coulde neuer haue suffyced But if a man accordynge to suche dispensacyon dysposed the whole value in suche vse as the dispensacyon lymyted I thynke it suffyced if the partye that shulde restore / thought the vse lymited in the dyspensacyon so charytable / that he thought his conscyēce was thereby dyscharged But if he thought a nother vse more charitable he might / yet may dyspose it accordingly if he wyll / and let the dyspensacyon alone And yet the people haue ben brought in belefe that in suche case restitucyon must of necessytie be made by auctorytye of suche a dyspensacyon / orels at the lest by counsell of his ghostly father And if it be so done / I wyll nat saye but that it is righte well done / so that the counsell satysfye the conscyence of him that shall do it But if they gyue counsell that suche goodes shall be dysposed in such maner / that after the conscience of him that must restore is nat most charytable / as for syngynge of trentalles / kepynge of obyttes / fyndyng of scolers / or such other And he therfore that muste restore refuse that counsell / and dispose it to suche vse as his consciēce serueth him beste to as percase to releue poore men in extreme necessytie to make high wayes / or such other lyke I thynke he taketh the better waye / and that he is therby clerely dyscharged in conscyence Howe be it if he take to hī some of the clergye or some laye men in whose conscyence he hathe good trust to gyue him counsell therin I thynke he dothe the better / but that he shulde be enforced of necessytie either to dyspose it only after as suche dyspensacyon fro Rome haue apoīted in tyme past / or elles as some spyrituall counsell shulde appoynte and in non other maner there is no cause ne assured groūd why it shulde be so And I haue shewed you my conseyte in these maters before rehersed / to none other intent / but that I wold gyue you occasyon to helpe / if ye coulde to haue such maters ordered / here after in suche maner / as shall be thought most to the pleasure of god and to the helth of the soules of the people / al couetyce syngularytie layd aparte For surely right gret parcyalytie hath ben sene in suche maters in tyme past but yet there be some cases wherin many men and that such men as haue ben notably lerned haue douted in / whether restitucyon shulde be made to the partye that ought it or nat as in case that a man wyn money by vsury / or at dyse or

shall enheryte If a man haue landes in fee symple by discent fro his father / dye without yssue of his bodye / haue no heyre on the parte of his father / wherfore the nexte heyre of the parte of his mother pretendīg to be his nexte heyre / entreth taketh the profites / that heyre is boūden to make restitucyon to the lorde of whom the lande is holden for the lorde oughte to haue it by the lawe as his eschete But if a man purchase landes in fee / dye with out heyre of his body / thā for lack of heyres of the parte of his father the heyres of the parte of his mother / shall haue the lande and nat the lorde by eschete If a man haue landes in fee by dyscent tro his mother / and he maketh a feoffament therof c. And feoffe maketh a lease for terme of lyfe to a stranger the remaindre ī the fee to him agayne and to his heyres And after he dyeth withoute heyre of his body / in this case the heyres of the parte of hys father shall haue the lande And if the remayndre in that case were that it shuld go to him and to his heyres of the parte of his mother / yet the remayndre shuld go to his heyres of the parte of his father for those wordes of the parte of his mother be voyde in the lawe / as they shulde be if a man wold infeoffe another to haue to him and to his heyres of the parte of his mother for the heyres of the parte of his father natwithstāding those wordes shal haue the lande / and therefore in both the seyde cases if the heyres of the ꝑte of the mother entre īto the lāde / they be boūdē to restore it to the heyres of the ꝑte of the father If a man that hath landes in fee by dyscent fro his mother / dyeseased / the landꝭ discende to his son heyre and that son heyre dyeth without heyre of his body in this case / the heyres of the parte of his graundmother shall haue the lāde And if either the heyres of the part of the father or the heyres of the ꝑte of his mother entre / they be boūdē to make restitucyon to the heyres of the parte of his graundmother A man hath two sonnes by seuerall wyfes / the one son purchaseth landes to him to his heyres / and dieth without heyre of his body if his brother in this case entre as heyre / he is boūde to restore it to hī or her that is heyre to his brother on his fathers syde for the grounde of the lawe is / that one of the halfe blode shall neuer be heyre to him that he is but of the half blode vnto Also if a man holde .ii. houses of two seuerall lordes by heryote custome / wher the custome is that no heryote shall be payed but of quycke catell he hath no quycke catell but one horse dyeth / one of the lordes seaseth the horse after the other Lorde fyndeth the same horse / seaseth him as his heryote in this case he his bound to restore the horse to the lorde that fyrst seased him for by that fyrst seasynge he hath by the lawe of the realme right to the horse / the other hath lost his herriot for that tyme. And the same lawe is / if a mā holde .ii. acres of lande of .ii. seuerall lordꝭ by knyghtes seruyce / by owelty of feffemēt dyeth / his heyre with in age in this case that lorde that fyrst seaseth the body hath rizt to it If a man holde an acre of lāde of one mā by knyghtes seruyce by prioritye / an other acre of lande of another man by knyghtes seruyce by posteryoritye dyeth seased his heyre beynge within age / and the lorde of whom the lande is holden by posteryoritye / seaseth the body of the said infaunte as his warde In this case he is boūden to restore it to the lorde by prioritye for by the lawe the wardship of the body belongeth to him / excepte that the same auncestre holde any lāde of the kyng by knyghtes seruyces for if he dyd the kynge shall haue the prefermente of the body by his prerogatyue whether the lande were holden of hym by prioritye or posteryorite in cheyfe or as an eschete If there be two ioynt tenaūtes of a wode / the one of thē selleth al the wode / taketh the money to his owne vse in this case he is boūdē to restore the half of that money to the other ioynttenaūt for though the law gyue no remedy to the other ioynttenaūt for it yet it warēteth nat him that hath the money / that he maye with conscyence retayne it If one ioynttenaunt take all the gresse and frutes to his owne vse / where els they shuld haue ben lost for laches of the other there he is nat bounde to restore any parte but if his felowe wolde haue taken his parte / the other wold nat suffre hī / than he is bounde to restore hī his ꝑte And so it is / if one ioynte tenaunt or tenaūt in comon / sowe the one half of the errable groūde leueth the other halfe for his felowe / whan the corne is ripe / his felowe taketh halfe of the corne / pretendynge that the halfe is his through all In this case he is boūde to restore the whole to him that sewe the groūde c. If a womā haue goodꝭ ꝑsonall and also reall / as a lease for terme of yeres a wardship or such other and after she taketh a husbande / he dyeth after whose deth his executours taketh al the sayd chatels / aswell reall as parsonall / in this case the executoures be bounde to restore the wyfe of the chatels reall but nat of the chatels personall / nor no parte of them / her necessary werynge apparell onely excepted A man hath a maner / whereto comen is appēdaunt And also an aduouson / and he of his mere motyon maketh a feoffamēt of the sayd maner / putteth nat ī these wordꝭ cum ꝑrinēciis c. the feoffe occupieth the comen And also whā the aduouson falleth void he presēteth to the aduouson in this case he is boūde to restore the feoffer for the aduouson But the comen he may lawfully occupye styll c. If the sonne be attaynted of felonye in the lyfe of the father / and after hath the kynges chartoure of pardon c. and than his father dyeth / seased of lande in fee symple and the sōne so attaynted / entreth as heyre In this case he is boūde to restore the lande to the lorde of whome the lande is holden For though he haue his chartoure of pardon / yet his blode is so corrput by the attayndour / that he may nat be heyre to anye man And if the landes be entayled / he is bounde to let the kynge haue