Linguistic DNA - Concept Modelling Demonstrator

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

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33630	The compleate copy-holder wherein is contained a learned discourse of the antiquity and nature of manors and copy-holds, vvith all things thereto incident, as surrenders, presentments, admittances, forfeitures, customes, &c. necessary both for the lord and tenant : together, with the forme of keeping a copy-hold court, and court baron / by Sir Edward Coke, Knight.; Complete copy-holder	Coke, Edward, Sir, 1552-1634.	1641 (1641)	Wing C4912; ESTC R1843	72,284	184

these Grants an estate tayle passeth in the first without the word heires in the second without the word body in the third without either If the King by his Steward granteth a Copyhold to a man and to his heires males or heires females no Fee-simple passeth because the Lord never intended to passe such an estate If a Copyhold be Granted to an Abbot and to his heires an estate for life onely passeth So if I Grant a Copyhold to a man in Fee-simple ac sanguini suo imperpetum or sibi assign suis impeâ—pectum yet the word heires wanting no greater estate than for life passeth The same Law is if a Copyhold be granted to a man and to his heires as long as I. S. shall live this is onely an estate per anter vie a rend limitted upon this estate is good But if a Copyhold be granted to a man and to his heires as long as such a tree shall grow in such a ground this is a good Fee and a render limitted upon it is void If a Copyhold be granted to I. S. and I. N. haeredibus they are joynt Tenants for life and no inheritance passeth unto either because of the uncertainty for want of this word suis but if a Copyhold be granted to I. S. onely haerend a good Fee-simple passeth without the word suis If a Copyhold be granted to a man haered bus an estate tayle doth not passe for want of the words de corpore And if a Copyhold be granted to a man liberis aut puer suis de corpore an estate taile doth not passe for want of this word heires for what estates soever are intayles since the Statute De donis Conditionalibus were Fee-simples Conditionall but this could be no Fee-simple conditionall before the Statute without the word heires and therefore no intayle since the Statute And for the same reason if a Copyhold be granted to a man and to the issues males of his bodie an estate for life onely passeth If a Copyhold be granted to a man without expressing any certaine estate by implication of Law an estate for life onely passeth and if I grant a Copyhold to three habendum successive they are joynt Tenants unlesse by speciall Custome the word successive make their estates severall Thus much touching the creation of Copyhold estates SEC L. THe discents of Copyhold of inheritance are guided and directed by the rules of the Common Law as well as the creation of Copyhold estates If a Copyholder in Fee-simple having issue a sonne and a daugher by one venter and a sonne by an other venter dieth and the sonne by the first venter entreth and dieth the Land shall discend to the daughter Quia-possessio fratris de feodo simplici facit sororem esse haeredem But if a Copyholder in tayle have issue a son and a daughter by one venter and a son by another venter dieth and the sonne by the first venter entreth and dieth the sonne of the second venter shall inherit If a man having issue a sonne and a daughter by one venter and a sonne by another venter the eldest sonne purchaseth a Copy-hold in Fee and dieth without issue the daughter shall have the Land not the yonger sonne because he is but of the halfe blood to the other If a man hath a Copyhold by discent from his mothers side if he die without issue the Land shall goe to the heires of the mothers side and shall rather escheate than goe to the heires of the fathers side but if I purchase a Copyhold and die without issue the Land shall goe to the heires of my Fathers side but if I have no heires of my fathers side it shall goe to the heires of my mothers side rather than escheate If there be Father Vnckle and Sonne and the sonne purchaseth a Copyhold in Fee and dieth without issue the Vncle shall inherit and not the Father because an inheritance may lineally discend but not ascend If there be three brothers and the middle brother purchaseth a Copyhold in Fee and dieth without issue the eldest shall inherit because the worthiest of blood If there be two Coparteners or two Tenants in Common of a Copyhold and one dieth having issue the issue shall inherit and not the other by the survivership but otherwise it is of two joynt Tenants Should I give way to my Penne and write of this Theame till I wanted matter to write on I should make a large Volume in dilating this one point therefore I will contract my selfe intreating you to supply by your private cogitations what I have either willingly or unwittingly passed over in silence onely take this caveat by the way Though all qualities necessarily incident to estates at the Common Law are likewise incident to Copyhold estates yet the Law is not so of collaterall qualities without speciall Custome Co. 4. fo 22. a. and therefore a Copyhold shall be no assets to the heire A discent of a Copyhold shall not toll an entry A surrender made by Tenant in tayle admit a Copyhold may be intayled or by a Baron of a Copyhold which he hath in right of his wife shall make no discontinuance because these are collaterall qualities and not necessarily incident Thus much of the severall estates of Copy-holds together with their severall qualities incident to their severall estates I come now in the first place to examine how Copyholders are to impleade and be impleaded SEC LI. A Copyholder cannot in any Action reall or that savoureth of the realty or hath a dependance upon the realty implead or be impleaded in any other Court but in the Lords Court for or concerning his Copy-hold but in actions that are meerely personall he may sue or be sued at the Common Law If a Copyholder be ousted of his Copyhold by a stranger he cannot implead him by the Kings Writ but by Plaint in the Lords Court and shall make protestation to prosecute the sute in the nature of an Assize of novell disseisin of an Assize of Mort D'ancestor of a Formedon in the Discender Reverser or Remainder or in the nature of any other Writ as his cause shall require and shall put in pleg de prosequend If a Copyholder be ousted by the Lord he cannot maintaine an Assize at the Common Law because he wanteth as Franck-Tenant but he may have an action of trespasse against him at the Common Law for it is against reason that the Lord should be Judge where he himselfe is a party If in a plaint in the Lords Court touching the tytle of a Copyholder the Lord giveth false judgement he cannot maintaine a Writ of false judgement for then he should be restored to a Francke-Tenant where he lost none No Copyholder of base Tenure in ancient Demesne can maintaine a Writ of droit close or a Writ of MonstravÃªrunt but Tenants of Francke-tenure in ancient demesne can A Copyholder that may cut downe Timber trees by Custome by

These Guardians termed amongst the Civilians Tutores a Praetore dati are commonly called Guardians pur nurture and thus in words we somewhat differ in matter nothing 3. We have Tutorem ligiâ—tâ—mum viz. where the interest doth de jure belong unto any without the nomination of a private person or the appointment of any publique Officer and this Guardian is twofold either ligitimus jure naturae or ligiâ—imus jure Comuni ligitimus jure naturae as where the Father or the Mother hath the Wardship of their heires apparent be it heire male or female Ligitimus jure comuni and that Guardian is twofold either Guardian in Chivalrie or Guardian in Soccage Guardian in Chivalry is where any Tenant seized of Land holden by Knights service dieth his heire male under the age of fourteene and unmarried then shall the Lord have the Ward both of the Lands and body of this heire male unto the age of 21. because the Law intendeth that before that age the heire is unable to performe Knights service according to the tenure but the heire female shall be in Ward no longer than to the age of sixteene because the heire female though shee her selfe be unable to performe Knights service yet at sixteene she is able to take a husband who in her behalfe may doe Knights service and therefore at those yeares shee shall be out of Ward nay sometimes shee shall be out of Ward before sixteene and that is either where shee is married at the death of her Ancestor or where shee is any whit above fourteene when her Ancestor dieth in neither of these Cases shall she be in Ward at all for though the Stat. of W. 1. cap. 11. giveth unto the Lord two yeares next ensuing the fourteenth yet that is to be understood where shee is under the age of fourteene and unmarried at her Ancestors death and not otherwise This for Guardian in Chivalry Guardian in Socage is where any one seized of Socage Lands dieth his heire under the age of fourteene then the next friend unto the heire to whom the inheritance cannot descend shall have the Ward of the heires body and of his Land untill the age of fourteene as if the Land descendeth unto the heire by the fathers side then the mother or next cosin of the mothers side shall have the Ward and if the Land descendeth to the heire by the mothers side then the father or next cosin on the fathers side shall have the Ward To conclude observe this difference betweene Guardian in Chivalry and Guardian in Socage that theÌ„ one receiveth the commodities of the Land to his owne use without giving any account th' other onely to the use of the heire to whom he shall be accountable whensoever it shall please the heire to call him to account after th'age of foureteene Thus much concerning Wardships a word concerning Herriots SEC XXIV HErriot or Harriot commeth of the Latine word herus Dominus because it is a duty appropriated to the Lord or it is derived from the Saxon word here exercitus because in the Saxons time when the name of Herriot was first knowne Herrior signified nothing else but a tribute given to the Lord for his better preparation towards warre as a horse trapped or a speare or armour or a sword or some suchlike Military weapon and therefore in this sense importing a thing appertaining to the warre and being due unto the Lord by reason of this service which Tenants owe unto their Lords many warlike imployments Vide Lamb. in hâ—s explication of Saxons words tit Herriot it may very fitly be derived from hence This their Herriot among the Saxons little differed from our Reliefe at this day howsoever now they differ ex diameâ—ro But let us examine the nature of our Herâ—iots at this day and not search into the nature of their Herriots in those dayes for that were to examine the nature of Reliefes not Herriots Britton thus speaketh A Herriot is a Render Britton cap. 69. made at the death of a Tenant to his Lord of the best beast found in the possession of the Tenant deceased or of some other according to the ordinance and assignment of the party deceased to the use of the Lord which toucheth not the Land at all nor the heire nor his inheritance neither hath any coÌ„parison to a Relief for it proceedeth rather of grace and good will than of right and rather from villaines than freemen to this effect speaketh Fleta Fleta lib. 4. cap. 28. Herriottum est quaedam praestatio ubi tenens liber vel servus in morte sua dominum suum respicit de meliori averio suo vel de seeundo meliori quae quidem praestatio magis fuit de gratia quam de jure nullam habet comparationem ad relevium eo quod heredi non continget quia factum antecessoris This our Herriot is twofold Herriot Service Herriot Custome Herriot Service is that Herriot which is never due without speciall reservation and is seldome reserved upon any lesse estate than an estate of inheritance Herriot Custome is that Herriot which is never due upon speciall reservation but is challenged upon some particular Custome and is usually payd upon an estate for life and for yeares as well as upon an estate of inheritance Touching the originall of these Herriots doubtlesse they are not of that antiquity which the name doth promise for though among the Saxons the name of Herriot was knowne yet the nature of both these Herriot Services and Herriot Custome was utterly unknowne untill the comming of the Normans who immediately upon the Conquest changed the name of the Saxons Herriot and termed it by the name a of Reliefe leaving notwithstanding some dâ—fference betwixt them for where the Saxons Herriot consisted usually in the payment of some military weapon our Reliefe in those dayes consisted wholly in the payment of a certaine summe of money and presently after the Normans had thus wholly altered the name and somewhat altered the nature of the Saxons Herriot then upon the parcelling of their lands unto inferior Tenants they invented this new kinde of service unknowne amongst the Saxons and termed it by the name of the Herriot Service afterward upon the infranchisement and manumission of certaine villaines these Herriot Customes were given to the Lords as a continuall future gratulation so that originally as Britton and Fleta well note they were granted meerely ex gratia but now time hath effected it that they are challenged ex debito Thus much of Herriots a word of Reliefe SEC XXV REliefe is a certaine summe of money which every Freeholder payeth unto his Lord Glâ—â—v lib. 7. cap 9. being at full age at the death of his Ancestor which in effect foundeth all one with these words of Glanvil Haeredes majores statim post decessum antecessorum suorum possunt se tenere in haereditate sua licet Domini possint feodum suum cum herede in

the Bailiffe of the Manor is to have the Wardship of the Copyhold heire being under the age of fourteene such a Guardian shall neither be admitted nor pay a Fine because he is but a partnor of the profits and that not in his owne right but in the right of him to whom he is Guardian If the Copyhold Lands of a Bankerupt be sold according to the Statute of the 13. Eliz. cap. 7. the Vendee shall be admitted and pay a Fine If a Villaine purchaseth a Copyhold the Lord of the Villaine may enter and seize it and the Lord of the Manor shall admit him and have a Fine If a Copyhold be granted upon Condition and the Condition be broken and the Granter entreth hee shall not be admitted neither pay a Fine because upon the breach of the Condition and the entry he is to all intents in Statu quo prius as if no grant at all had beene made If a Copyholder in Fee surrendreth for life reserving the Reversion and the Lessee for life dieth the Copyholder shall not be admitted to his Reversion neither shall he pay a fine because the Reversion was never out of him If a Copyholder be disseised and then entereth upon the Desseisor or recovereth by plaint in the nature of an Assize he shall not be admitted neither shall he pay a Fine for he continueth still Tenant by Copy notwithstanding the disseisin but where by a plaint a Copyhold is recovered upon the accruer of a new Tytle where he that recovereth was never admitted nor paid Fine there upon his recovery an admittance is requisite and a Fine is due as if a Copyholder dieth seised a stranger abateth and the heire recovereth by plaint in the nature of an Assize of Mort d'auncester upon this recovery hee shall be admitted and pay a Fine If I take a wife Copyhold in Fee though by this inter-marriage there accrueth a present interest to me yet because I am seised non jure proprio but jure alieno therefore I shall not be admitted neither shall I pay a Fine The same Law is Vid. Plowden com 4 18. b. if she be a Termor of a Copyhold for though the terme by the inter-marriage be so vested in me that I may dispose of it without controule yet because before disposer I am possessed of it but in the right of my wife therefore I shall neither be admitted nor pay a Fine If a Copyhold be surrendred for life the remainder to a stranger though the admittance of Tenant for life be sufficient to invest the estate in him in the Remainder yet upon the death of Tenant for life hee in the Remainder shall be admitted and pay a Fine So if a Copyhold be granted to three habend success vie whereby Custome successive is in force if any one dieth he that next succeedeth shall be admitted and pay a Fine If two Coparteners or Tenants in Common of a Copyhold be and the one dieth and the other hath all by discent hee shall be admitted and shall pay a Fine But if two joynt-Tenants be of a Copyhold one dieth the other shall have all by the survivorship without admittance or paying Fine because joynt-tenants to all intents and purposes are seised per my per tout If two severall Copyholders joyne in a Grant of their Copyhold by one Copy or if one Copyholder having severall Copy-holds granteth them by one Copy yet the Grantee shall pay severall Fines for they shall inure as severall Grants Co. 4 fo 27. b. But if two joynt-Tenants two Tenants in Common or Tenant for life and hee in the Remainder joyne in the Grant of a Copy-hold one Fine onely is due and it shall inure as one Grant onely so if a surrender be made and after a common Recovery is had by plaint in the nature of a Writ of entry in Le post for the better assurance one Fine onely shall be paid And thus much of Fines I come now in the next place to Forfeitures wherein I will chiefely rely upon these foure points 1. What Acts amount to a Forfeiture 2. What persons are able to forfeit 3. What persons are able to take benefit of a Forfeiture 4. What Acts amount to a confirmation of an estate forfeit SEC LVII OF Acts which amount to Forfeiture some are Forfeits eo instante that they are committed some are not Forfeits till presentment Offences which are apparant and notorious by which the Lord by common presumption cannot chuse but have notice are Forfeitures eo instante that they are committed as if by speciall Custome upon the discent of any Copyhold of Inheritance the heire is tyed upon three solemne Proclamations made at three severall Courts to come in and be admitted to his Copyhold if he faileth to come in this failer is a forfeiture Ipso facto So if a Copyholder be sufficiently warned to appeare and he faileth this is a forfeiture Ipso facto But if he be hindred by sicknesse or by over flowing of waters or if he be much in debt and feare to be arrested or if hee be a Bankerupt and keepeth his house then his default is no forfeiture If a Copyholder in the Court be called and summoned to be sworne of the homage and refuseth this is a forfeiture Ipso facto So if a Copyholder be sworne of the homage and then refuseth to present the Articles according to his Oath this is a forfeiture Ipso facto So if a Copyholder will sweare in Court that he is none of the Lords Copyholder this is a forfeiture Ipso facto But if a Copyholder in presence of the Court speaketh unreverent words of the Lord as that the Lord exacteth extorteth unreasonable Fines and undue-Services this is fineable only but no forfeiture and if he saith in Court that he will devise a meanes no longer to be the Lords Copyholder this is neither cause of fine not forfeiture for peradventure the meanes that hee intended was lawfull viz. by passing away his Copyhold Et ubi sensus verborum est multiplex verba semper sunt accipienda in meliori sensu If the Steward sheweth a Court roll to a Copyholder to prove that his Land is holden by Copy and that the Copyholder saith he is a Freeholder and sheweth a Deed pretending thereby to procure his Land to be Freehold and teareth in peeces the Court-Roll this is a forfeiture Ipso facto So if the Lord Co. 4. fo 27. b. upon the admittance of a Copyholder the Fine by the Custome of the Manor being certaine demandeth his Fine and the Copyholder denieth to pay it upon demand this is a forfeiture ipso facto So if a Copyholder will sue a Replevin against the Lord upon the Lords lawfull distresse for his Rent or Services this is a forfeiture Ipso facto But if the Copyholdder be in doubt whether it be due or not and therefore intreateth the Lord that the homage may inquire the truth this is no forfeiture

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