Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	fee_n	simple_a	tail_n	1,656	5	9.7489	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29944	A compendious collection of the laws of England, touching matters criminal faithfully collected and methodically digested, not only for the use of sheriffs, justices of the peace, coroners, clerks of the peace, and others within that verge, but of all the people in general, by J.B. Esq.; Laws, etc.	England and Wales.; Brydall, John, b. 1635?	1676 (1676)	Wing B5257; ESTC R36068	85,587	180

and an Entry into Religion Resp There is a great difference between an Attainder of treason or felony and an Entry into Religion for he that is attainted of treason or felony hath capacity and may purchase Lands to him and his Heirs but so cannot he that is entered into Religion Qu 2. When a felony is perpetrated whether there be a Discrimination in Law betwixt purchasing of Lands before and after Attainder Resp If a Man commit felony and after purchase Land and then is attainted he has capacity to purchase but not to hold it for in that case the Lord of the fee shall have the Escheat But if a Man attainted of felony purchase Lands in this case the King shall have it by his prerogative and not the Lord of the fee for a Man attainted hath no capacity to purchase but only for the benefit of the King Qu. 3. Whether a Person attainted after a Pardon can have an Action of Battery c. committed before the Pardon Resp If a Person be beaten or maimed or a Woman attainted be ravished after Pardon they shall have an Action of Battery Appeal of Maime or Rape It is to be known that there be two manner of Attainders the one after appearance and that in 3 manners by Confession by Battel or by Verdict the other upon Processe to be outlawed which is an Attainder in Law But upon every one of these Judgment ought to be given otherwise it shall not be said an Attainder Now as upon conviction a Delinquent forfeiteth his good and Chattels so upon Attainder that is by Judgment given his Lands and Tenements are forfeited But touching the forfeiture of Lands there is a diversity betwixt an Attainder of felony by outlawry upon an Appeal and upon an Indictment for in the case of an Appeal of death or other felony Process being awarded against the Defendant and hanging the Process the Defenfendant conveyeth away the Land and after is outlawed the conveyance is good and shall defeat the Lord of his Escheat But if a Man indicted of felony and hanging the Process against him he conveyeth away the Land and and after is outlawed the conveyance shall not in that case prevent the Lord of his Escheat For in the case of the Appeal the Writ containeth no time when the felony was committed and therefore the Escheat can relate but to the outlawry pronounced but the Indictment contriveth the time when the felony was committed and therefore the Escheat upon the outlawry shall relate to that time But note that in case of an Indictment there is also a difference observed for as hath been said it shall refer to the time alledged in the Indictment for avoiding of Estates Charges and Incumbrances made by the Felon after the perpetration but for the mean profits of the Land it shall relate only to the Judgment as well in the case of outlawry as in other Cases There is a Question raised in the Case betwixt Grosse and Gayer viz. Whether an Attainder to a praemunire shall have relation to the offence for the forfeiture of his Lands or only to the time of the Judgment pronounced But the Judges did give no Resolution of it being a point of difficulty Note All the Attainders as to Goods and Chattels shall have relation but unto the Judgment given so that a gift c. made of such Goods by a Felon before the Judgment is good Touching Alienations by a Criminal the Civil Law says thus Post contractum capitale Crimen donationes factae non valent ex constitutione Divorum Severi Antonini Si quis mortis causa donaverit poena fuerit capitis affectus removetur donation ut imperfecta quamvis caeterae donationes sine suspitione poenae factae valeant Having shew'd the Law touching Alienations I shall present to the Reader 's view the things imply'd at this day both in the Judgment of Treason and Felony 1. In the Judgment of High Treason In the Judgment relating to Crimen laesae Majestatis is imply'd at this day First the forfeiture of all the Traitors Mannors Lands Tenements and Hereditaments in Fee simple or in Fee Tayle of whomsoever they be holden Also of Rent-Charges Rents seck Commons Corodys and other Hereditaments which are not holden for in case of High treason the Tenure is not material Also of Uses Conditions unless inseparably knit to the Person of Rights of Entry of Lands in the Right of the wife during the Coverture of the profits of Land which the delinquent hath for life during his life of trusts in Chattels Reals but not of Freehold Cro. 2. part f. 512. Pl. 23. vid. Andersons Reports Inglefeilds Case Co. lih 12. f. 6. Dyer 288. b 289. a. Note that Rights of Actions where the Entry is taken away are not forfeitable Secondly his Wife to lose her Dower Thirdly he shall lose his Children for they become base and ignoble Fourthly he shall lose his Posterity for his Blood is stained and corrupted and they cannot inherit to him or any other Ancestor Fifthly all his Goods and Chahttels are forfeited c. and reason is says Coke his Body Lands Goods Posterity c. should be torn pulled asunder and destroy'd that intended to tear and destroy the Majesty of Government 2. In Judgement of Felony A felon impliedly is punished in these particulars 1. He doth lose his Children that they shall become base and ignoble 2. He shall lose his Posterity for his blood is stained and corrupted that they cannot inherit unto him or any other Ancestor 3. He shall forfeit all his Lands and Tenements which he hath in Fee and which he hath in taile during his life 4. All his Goods and Chattels Note that before the Stat. 1. E. 6 c. 2 5. E. 6. c. 11. the Wife of a Person attainted of Misprision of treason Murder or Felony losed her Dower but since she is dowable by these Statutes Hitherto of the Judgment or Sentence it self In doing of Execution both in Treason and Felony two things are worthy of the Reader 's notice Co. 3 Inst f. 52. 211. 212. 1. That it be done by the right Officer as the Sheriff or Marshal for if any other execute offendours it is felony Execution must be made by the Sheriff or Marshal according to the Judgment for it is a maxime in the Law of England Non alio modo puniatur quis quam secundum quod se habeat Condemnatio Punishment may be avoided or escaped in part or totally either 1. By the means of Justice as By Writ of Error or Falsifying the Attainder 〈◊〉 2. By the means of Mercy as By the Kings Pardon or By Restitution of these in their order 2. Of Writs of Error If the Judgment be erronious both the Judgment and Execution thereupon and all the former proceedings shall be reversed by Writ of Error but if the the former