Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	king_n	tenure_n	3,330	5	12.6135	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A39391	Enchiridion legum a discourse concerning the beginnings, nature, difference, progress and use of laws in general, and in particular, of the common & municipal laws of England.; Enchiridion legum.		1673 (1673)	Wing E720; ESTC R22664	57,223	150

upon an Estate-tayle and to destroy perpetuities which no other Conveyance doth as a Fine is used to barr estrangers that pretend right of Possession or Action which no other Conveyance can doe Conveyance of Land by Will or Conveyance of Land by Will how it stood at first last Testament in antient time was only in such antient Cities and Boroughs which specially prescribed for the same and that the Lands were devisable by Custome But the greatest part of the Land within this Realm was not subject to this kind of Conveyance unless the same Land were first granted over to Uses or in Trust and then the said Trust was devisable by Will because it was a matter in Conscience and a Subpoena in Chancery was the only remedy But in the 27 year of King H. 8. all those Uses were transferred into Possessions so that by means thereof no Land by any means was deviseable but customary-Customary-lands untill the 32 and 34 years of King H. 8. when it was Enacted that all Lands Farther liberty granted by statute to convey Lands by Will might be devised by Will and if the same were held in Socage tenure the whole passeth by Will But if of the King in Chief or of a Subject by Knight-service two parts only do pass by Will and the King or Lord of whom it is holden is to have a third part during the nonage of the Heir and the Heir the said third part afterwards The Conveyance by Uses was in Conveyance by Uses when and how it begun antient time unknown and began in the time of the Civil-warrs of Ed. 2. against the Barons and of Lancaster and York bred and begotten by fear for the owners of Lands doubting lest themselves by partaking should be attainted and so their livings forfeited did convey their Lands over to their Friends in trust but received the profits themselves which perception or propertie by Law was called Use And the party who was Owner in Conscience was called Cestuy a que use or pernor of the profits Also afterwards Uses were invented by fraud to deceive Creditors of their Debts Purchasers of their Bargains and Men that had right of their Actions all which was remedied by the Statute of the 27 of H. 8. whereby the Possession of the parties trusted was transferred to the Cestuy a que use and the Use and Possession were incorporated and united But yet at this day Conveyance by Use is very common and many kindes of Conveyances are lately sprung up out of this Statute of 27 of H. 8. as Bargains and Sales for money But this must be enrolled within six monthes by the Statute of 27 H. 8. CHAP. VIII Of Actions and of their Trials according to the Common-laws of England IT is a saying both in the Civil-laws and Common-laws of this Kingdome that Actions whereupon the Trials of Suits betwixt party and party do depend are of three sorts either real personal or mixt The Actions of 3 sorts first concerneth the Title of man's Lands and Freeholds the second of their Goods and Chattells and the third are in Rem personam simul as Waste Quare impedit Ejectione and the like Actions heretofore used for real Actions real matters were Assises Writts of Entry and Writts of Right for Fee-simple and as some hold for Fee-tail confirmed by Precedents of experience also Formedon for Fee-taile Cui in vita for a Woman upon the discontinuance of her Inheritance by her husband And for personal Matters and Actions personal Contracts it was as at this day which real Actions were so used because the partie oftentimes was barred of his Entry by a discent that if one did disseise or unlawfully dispossess another of any Land and the Disseisor or Wrong-doer died thereof seised the lawfull Heir or he that had the Right might not put the other out of possession or enter for his Right but ought to sue first for it But by the Statute of 32 of H. 8. The most usual Trial of Actions real at this day no discent to take away an Entry may be without five years peaceable possession And therefore now to bring such Titles to trial the use is either to enter and bring an Action of trespass and thereby to try the Title or to distrein some Cattel upon the ground and upon a Replevin to avow a dammage Fesant that by affirming the Cattell hath trespassed his ground the interest thereof may thereby be tryed but the common course is to seale a Lease upon the Land and so to try it by an Action of Ejectione firmae Few real Actions now used being full of delay At this day few real Actions are used because they are more full of delay and also they are more peremptory and binding against the party for a former Recovery was a good Plea but in these personal Actions it is not for in them the party may bring as many Actions as his purse will maintain Also Actions upon the Case for Actions upon the Case are common Words are very common CHAP. IX Of Trials allowed by the Laws of England AS it is usual amongst men to commence Suits and Actions so it is of necessity that some certain Form should be prescribed by which those Variances Suits and Actions should be brought to Conclusion so hath the Laws of this Land and Wisdome of the Law-makers found out two wayes for the Trial of Suits Two ways for the Trial of Suits and Variances which is either by Jury upon the Oaths and Verdict of twelve Free-holders or else by Battaile between the parties but this is out of use or their Champions or by the Oath of the defendant which is called Ley Gager Some have conceitedly said that A conceited opinion of Trials the Trials except Battaile have confisted upon the number of twelve with a triple distinction as twelve Judges for matter in Law twelve Jurors and twelve in Wager of Law for so is the form There is a Trial also by the Certificate Trial by Certificate of the Bishop c. of the Bishop for Bastardy and Mariage also of Infancie by Inspection of the Court also of Villanage by his Kinsfolks also Death of the Husband by proofs in Dower But these especially the latter of these are not so much in use though allowed by our Laws Of which Trials although Trial by Trial by Battaile not abolished nor lately used Battaile being antiently used and is not yet abolished by any Statute yet by reason of the unchristian and bloody proceedings thereof when the strongest Hand and Heart may overcome the best Right and losse of Living is determined with losse of Life it is therefore obsoleted and grown out of use Such Trial by Battaile was appointed to be in Tuttle-Field in the 13 Eliz. where the Champions Lists Judges and all being prepared the Demandant was non-suite and so that Trial ceased And another was appointed in the same