Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	enter_v	heir_n	tenant_n	1,676	5	9.7178	5	false

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

A TREATISE Concerning Estates Tayle and Discents of Inheritance Written by N. N. and Published by I. SHERMAN of Lincolnes Inne Gen. LONDON Printed for Iohn Grove and are to be sold at his Shop in Chancery Lane over against the Subpaena Office 1641. A Treatise concerning Estates Tayle and discents of Inheritance YOu demand good Sir if Estates tayle may bee cut off whereto I may shortly answer that every Act for the lawfull execution thereof requires power and will without both which onely things casuall are accomplished the will naming the worke good or bad the power giving hability to finish what the will freely intendeth This power may truely bee called possibility inabled either by Nature or by Law for that which is unnaturall or against our natures is not judged possible or in our powers no more is that which is to be done against the Lawes for we have no due power to doe ought that is unlawfull all our powers being subject unto Law for illud possumus quod jure possumus Now touching the power and authority to avoyd estates taile it is plaine that as the making of them was authorized by the Stat. of West 2. so by the Stat. of 4. H. 7. cap. 24 and 32. H. 8. cap. 36. Tenent in taile may lawfully cut them off since therefore the power to create an estate taile and the power to barre the Issue in taile are equally warranted by Law for apari potestate par causatur effectus the next doubt will be if our wills or affections to cut them off doe sort to a lawfull end which end though it be last in execution yet ought it to be first Censured as the first part of all our actions and touching this point I must referre my selfe to every man his peculiar conscience who can best make answer in this behalfe what hee intendeth onely I must note by the way that such as avoyd and cut off these estates to none other purpose but to enlarge their wanton expences and to give them more scope to live licentiously as they unjustly spoile their Heires of their due Inheritances so shall not this my defence extend unto them since my purpose onely is to reduce estates taile to the most proper conveyance of the Common Law And because sometime the effects produced of our actions are taken for their ends whereby they are to be valued And since the frustrating of estates taile disposeth it selfe to none other end then to set at liberty these fettered Inheritances To prove therefore whether Inheritance at Common Law or these Statutes or conditionall gifts are to be preferred it behoveth me to shew you what an Inheritance is and what an estate taile is that so you may more easily conceive their differences In the Civill Law Inheritance is Successio in universum jus quod defunctus habebat which definition doth well agree with our Common Law which saith that an Inheritance is such an estate as may be inherited by the Heire which estate doth naturally descend to the Heire as if it were joyned and included in him by a violent motion of the Law and this discent is that which the Civilians call succession and our Common Lawyers Inheritance which so cleaveth to the Heire as if the Father disseiseth a stranger and dyeth seised this Land shall discend to the Heire against his will and he is Tenant to the precipe though hee never enters And in like manner shall Lands purchased discend except the Purchasor doth some Act to the contrary and except in cases of Attainder by this I gather that Inheritance is the Act of the Law for Nemo est haeres viventis no man is Heire of him that is living and dead men have no power to chuse their Heires therefore I say it must follow that this discent is the act of the Law and dis-inheriting or altering the course of Inheritances the act of the party The consultation now must be if the Act of the person may justly make voyd the Act of the Law wherein we must consider the force of the Lawes and the hability of persons first therefore Law as St. Thomas saith is Quaedam rationis ordinatio ad bonum commune a certaine disposition of reason to common good which disposition is by Frigius called a Coercion of things voluntary and not voluntary whereby it seemeth that if wee will be reasonable creatures we must submit our selves to the governance of the Law which as it is said is the disposition of reason and the Coercion of our wills offending reason the Law therefore as a mute Magistrate compelleth us to her obedience warranteth us safety under her Target and though Lawes were made for men yet were they not made to rule men by which I gather that Lawes are superiour to men and men inferiour to Lawes the Acts therefore of the Lawes are paramount or above the Acts of the party and to draw this my present purpose since the discent of Inheritance in Fee-simple is wrought onely by the Law and since these gifts entaile are the naturall issues of mens fantasies why might I not here conclude that our estimation of estates taile ought to be much inferiour to that estate which the Common Law createth howbeit since this hath bin spoken generally and confusedly of all Lawes and since wee are in this government subject to divers sorts of Lawes in divers respects it behooveth me to shew you what Lawes doe principally concerne this matter and how Inheritances are respected in either of them and since Fee-simples and estates taile are opposite in their natures and since likewise the Adage saith Ferro aperire viam qui per contraria transit I will prove unto you that the proper and naturall discent of Fee-simple is good and lawfull in all Lawes by which meanes it will follow that estates taile being contrary to Fee-simple are not good nor lawfull for contraries agree not Lawes therefore are either Divine or humane and divine Lawes are either Lawes of nature or Lawes deluded But before I speake of humane Lawes I shall first shew you that the forme of Inheritance which the Common Law supporteth agreeth with the Lawes of nature and so by consequence with the Lawes of God for proofe whereof it were enough considering the perspicuity of the Matter if I should use the authority of Plowden who saith that nothing in our Common Law is ordained against nature and yet our Common Law will that Inheritances shall descend to the Heire but to prove it more particularly the first Act that nature requires is to procreate the second to preserve the third to provide for sustenance which provision comprehendeth the whole effect of Inheritances and in the Civill law it is called haereditas legitima which is said to appertaine most properly to the Father his office as haereditas naturalis which consists in nourishing and education belongs to the Mother and though natures lawes which are onely written in our hearts have not expressed in