Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	father_n	heir_n	purchase_v	1,342	5	10.3637	5	false

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

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

payne for the same And somtyme such perdons haue ben graunted for drinkynge of suche a cuppe or suche a bolle or for offrynge to suche an ymage / or for some other lyke small consyderations / what abusyons these haue ben / howe dyrectly against the intent of the graunte it is apparant And it is apperāt also that if the successours of Peter shulde onely haue power to graunt suche pardon / that onely for offences done before the graunte / that than that graunte shulde delyuer but fewe from payne for their synnes in comparison of the multytude of christen people for euery penytent maye nat incontynent after his repentance go to Rome fro so farre countreys aske pardon there for their offences passed And therfore it semeth that our lorde whiche is all goodnesse / wolde nat make a graūt that shuld serue to so lytel a purpose as that shulde do / but that it shulde streche more at large amonge the people / wherfore as I suppose the seyd graūt shal stretch aswell to the successours of all the apostles discyples that is to say aswell to all bysshops prestes as to the bysshops of Rome / that ye shall nat take my wordes in this behalf / as thīges clerely vnwarēted by any auctorite or example of the gospell I shall shewe you a playne example of the gospell / whiche as it shuld seme by the outward wordes of the gospell shuld stretch only to the apostles their successours that yet all prestes haue auctorite therby And that is vpō the institucion of the sacrament of the aulter for it appereth Mat. xxvi that o r lorde made his maūdye with his .xii. discyples / wherby as it semeth / is to be vnderstand only his xii apostles For Luc. 22. it is sayd exp̄sly that he sate downe to supꝑ with his .xii. apostles / wherat he instituted the gloriouse sacramēt / sayde to thē Take ye this ete it / this is my body that is gyuē for you / make ye this in remēbrance of me / if by these wordes make ye this in remēbrance of me none shuld haue power to consecrate but only the apostels their successors / which most ꝓperly be takē to be bisshopꝭ than shuld al inferyor prestes whiche be comenly taken to be successors to the .lxxii. discyples haue no power to consecrate yet the comen experyence sheweth that all prestes do cōsecrate And they do wel therin / for they be prestes aswel as the apostels were so it is cōuenyētly to be taken / the thītent of o r maister christ was that all prestes shulde do it why thā shal it nat be takē to be his entente that he wolde / that what soeuer any preest losed vpon erth / shuld be losed ī heuē aswel as any bisshop rather than that they shuld consecrate for these wordes seme as wel to be spoken to the discyples as to the apostles / as apꝑith Mat. xvi before rehersed And if any man wyll pretende that there be other auctorities for graūtyng of pardons than these that I haue before rehersed / or that wyl pretēd that bysshops onely haue that power noon but they / that they may aswell graunt ꝑdon before the offence to put awaye the payne for the sine that shal be cōmytted after the graūt aswell as before It wyl be well done that his reasons be herd in the ꝑlyament And if his reasō and the prouf thervpon seme suffycyent / than to folowe it And if nat I thynke verily that the ꝑlyament is bounde in conscyēce to cōmaūde all preestes to erecute that power frely fro henseforth to the ease and conforte of all the people without takynge any thynge for it and I dare say further in this mater that suche preachers as haue in tyme past instructed the people / that the bysshop of Rome shulde haue power to graunt such perdons by the vertue of the superhabundance of the meryttes of Christes passyon / and of the meryttes of martyrs sayntes in heuen / wherefore they deserued rewardes aboue theire offences / haue nat instructed the people truly therin for there is nat a saynte in heuen / but that he hath through the mercye of oure lorde / more rewarde in heuen / than euer he deserued of hīselfe if percase any such superhabundance of merytes of Sayntes remayned / yet the bysshops of Rome had neuer power to distribute those merytes by waye of pardon to none other For our lorde neuer gaue such power vnto them / ne yet to distrybute by waye of pardons the merytes of his passyon ¶ Of restitucyon The .vi. cha WHere ye write vnto me / that there is a sayeng in your coūtrey / that there shulde be som here about the cytie / that shulde doute whether restitucyon be necessarye to saluatyon wherefore ye desyre me to write to you somwhat of my mynde concernynge restitucyon I thinke verily that as a man is prohybyte that he shall do no theft wherin is conteyned that he shall nat take his neyghbours goodes wrongfully / that by the same commaundement he is prohybyte to retaygne theym wrongfully / and that if he haue suffycient to restore and knoweth also to whom restytucyon shulde be made / that he is bounden vpon payne of brekynge of the sayde commaundement / to make restitucyon And furthermore omyttynge the diffynycyons of doctours vpon restitucyons / that is to say to whom / by whom what tyme / and vnder what maner restitucyons shuld be made vpon the lawes Cyuyll and Canon whereof many doctoures haue in tyme past treated at great length I wyll somwhat speke of restytucyons vpon cases concernynge the lawes of the realme / to gyue spirytuall men and other that be nat lerned in the lawes of the realme / courage to haue more knowlege of them hereafter / than they haue hadde in tyme paste for in many cases it canne natte be knowen without them where restitucyon ought to be made and where nat Fyrst if a man haue issue / two sonnes one before espousels / and another after and dyeseased of certayne lādes in fee after his deth his sonne borne before espousellꝭ / entreth as heyre / taketh the profytes / he is bounden in this case to make restitucyō to his yonger brother of the lande also of the profytes For the yonger brother after the lawes of the realme is heyre But if the elder brother in that case dyeseased / his heyre entre that heyre is nat bounde to make anye restitucyon For by the olde groūdes of the law / the yonger brother in that case by his laches / for that he wolde nat entre in his brothers lyfe / hath loste his lande for euer But that is to be vnderstād / wher the brethren besōnes to one womā And also wher the lande is fee simple / in both the seyde cases the elder brother after the lawe canon is heyre / and