Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	marry_v	son_n	succeed_v	1,537	5	9.6301	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44106	De successionibus apud anglos, or, A treatise of hereditary descents shewing the rise, progress and successive alterations thereof : and also the laws of descent as they are now in use.	Hale, Matthew, Sir, 1609-1676.; Shower, Bartholomew, Sir, 1658-1701.	1699 (1699)	Wing H236; ESTC R14823	19,580	116

and sometimes Foreign Service and sometimes Servicium Loricae And hence it came to pass that not only according to the Custom of Normandy but also according to the Custom of other Countries These Honorary Fees or Infeudations became descendable to the eldest and not to all the Males And hence it is That in Kent where the Custom of Descent to all the Males generally prevails They pretend a concession of all their Customs by the Conqueror to obtain their Submission to his Government according to the Romantick Story of their moving Wood. Yet even in Kent it self these ancient Tenures or Fees that are anciently held by Knights Service are descendable to the eldest Son as Mr. Lambard hath observed to my hand in pag. 553. out of the 9th of H. 3 Fitz Tit. Prescription 63 26 H. 8.5 and the Statute of 31 H. 8. cap. 3. But yet even in Kent it self If Gavelkind Land Escheat or come to the Crown by Attainder or Dissolution of Monasteries and be granted to be held in Knights Service or per Baroniam the Customary Descent is not changed neither can be but by Act of Parliament for it is a Custom fixed to the Land But those Honorary Fees made in ancient times so shortly after the Conquest did silently and suddainly assume the Rule of Descent to the eldest and accordingly held it and so although possibly there were no Act of Parliament of those elder times that altered the ancient course of Descents from all the Sons to the eldest or at least none that we know of yet the use of the Neighbour Country might introduce the same Usage here as to these Honorary Possessions And because these Honorary Inseudations were many and scattered almost through all the Kingdom in a little time they introduced a a parity in the Succession of Lands of other Tenures as Soccage or Vavasories So that without question by little and little almost generally in all Counties of England except Kent who were most Tenacious of their own Customs in which they gloried and some particular Fees and Places where a contrary Usage prevailed the generality of Descents or Successions by little and little as well of Soccage Lands as of Knights Service went to the eldest Son according to the Declaration of King Edward the first in the Statute of Wales abovementioned as will more fully appear by what follows In the time of H. 1. Lambard fol. 203. we find in his 70th Law that it should seem that the whole Land did not yet descend to the eldest Son but began a little to look that way Primum patris Feudum primogenitus filius habeat As to Collateral Descents the Law determined thus Lambard ut supra Siquis sine liberis decesserit Pater out mater ejus in Haereditatem succedat vel frater vel soror si pater mater desint si nec hos hàbeat soror Patris vel Matris deinceps in quintum geniculum qui cum propinquiores in parentela fiunt Haereditario jure succedant dum virilis Sexus extiterit Haereditas abinde fit foeminina non Haereditetur By this it seems 1. The eldest Son though he had Jus Primogeniturae the principal Fee of his Father yet he carried not all the Land 2. That for want of Children the Father or Mother inherited before the Brother or Sister 3. That for want of Children Father Mother Brothers and Sisters the Lands decended to the Uncles and Aunts to the Fifth Degree 4. That in Succession Collateral Proximity of Kindred was preferred 5. That the Male was preferred before the Female That is the Father's Line was preferred before the Mothers unless the Land descended from the Mother and then the Mothers Line was to be preferred How this Law was observed in the Intervals between Henry the first and Henry the second we can give no account But the next period that we come to is Henry the 2d Glanvil in his seventh Book gives us some account how the Law stood in his time wherein notwithstanding it will appear there was some incertainty in the business of Descents or Hereditary Successions though it was much better polited than formerly The Rules then of Succession were either in reference to Goods or Lands As to Goods one third part went to the Wife another third part to the Children the other third part to the Testator's disposal But if he had no Wife a Moiety went to the Children the other Moiety to his disposal Glan lib. 7. c. 5. But as to the Succession of Lands the Rules were these 1 st If the Lands were Knights Service they generally went to the eldest Son and in case of no Son to all the Daughters and in case of no Children to the eldest Brother 2ly If the Lands were Socage it descended to all the Sons Si fuerit Socagium id antiquitus divisum only the chief House was to be allotted to the Pourparty of the eldest and a Compensation made to the rest in lieu thereof Si vero non fuerit antiquitus Divisum tunc Primogenitus secundum quorundam consuetudinem totam Haereditatem obtinebit secundum autem quorundam consuetudinem postnatus silius Haeres est Glanvil lib. 7. cap. 3. So that although Custom directed variously the Descent either to the eldest youngest or all the Sons Yet it seems at this time Jus commune or Common right spoke for the eldest Son to be Heir no Custom intervening 3ly As the Son or Daughter so their Children in infinitum are preferred in the Descent before the Collateral Line or Uncles 4ly But if a Man have two Sons and the eldest dies in the life time of the Father having a Son or Daughter and then the Father dies it was then controverted whether the Son or the Nephew should succeed the Father though the better Opinion seemed to be for the Nephew Ibid. cap. 3. 5ly A Bastard could not Inherit ibid. cap. 13 And although by the Common and Civil Law If A. hath a Son born of B. before Marriage and after A. Marries B. this Son be Legitimate and Hereditable Yet according to the Law of England then used as well as after he was not Hereditable Glan lib. 7. cap. 15. 6ly In case the Purchaser die without Issue the Lands descended to the Brother and for want of Brothers to the Sisters and for want of them to the Children of the Brothers or Sisters and for want of them to the Uncles and so onwards according to the Rules of Descents at this day and the Father and Mother were not immediately to Inherit the Son but the Brothers or Uncles and their Children Glan lib. 7. cap. 4. And it seems that in all things else the Rule of Descent in reference to the Collateral Line held much the same as now As namely If Land descended of the part of the Father it should not resort to the part of the Mother è converso But in case of Purchase for want of Heirs of the

seem by the Custom of Normandy That Fratres consanguinei viz. ex eodem patre sed diversa matre shall take by Descent together with the Brothers ex utroque conjuncti upon the death of any of such Brothers But this seems to be a mistake for it seems the Half-blood hinders the Descent between Brothers or Sisters 6. Leprosie was among them an Impediment of Succession but then it seems it must be solemnly adjudged to be a Leprosie by the Sentence of the Church Upon this and much more that might be observed upon the Customs of several Countries the Rules of Succession or Hereditary Transmission have been various in several Countries according to various Laws Customs and Usuages And now after this brief Survey of the Laws and Customs of other Countries I come to the Laws and Usuages of England in relation to Descents and the growth that those Customs have successively had and whereunto they are now arrived 1. Touching the Hereditary Succession it seems that according to the Ancient British Laws their eldest Sons inherited their Earldoms and Baronies for they had great Dignities and Jurisdictions annexed to them and were in nature of Principalities But their ordinary Freeholds descended to all the Sons and this Custom they carried with them into Wales whither they were driven This appears by the Statute Walliae 12 Ed. 1. Aliter usitatum est in Wallia quam in Anglia quoad Successionem Haereditatis eò quòd Haereditas partibilis est inter Haeredes Masculos à tempore cujus non extiterit Memoria partibilis extitit Dominus Rex non vult quòd Consuetudo illa abrogetur sed quòd Haereditates remaneant partibiles inter Consimiles Haeredes sicut esse consueverunt fiat Partitio illius sicut fieri consuevit hoc excepto quòd Bastardi non habeant de caetero Haereditates etiam quòd non habeant Purpartes cum Legitimis nec sine legitimis Upon which three things are observable First That at this time the Hereditary Succession of the eldest Son was then known to be the Common and usual Law in England 2ly That the Succession of all the Sons was the Ancient Customary Law among the British in Wales which is here continued 3ly That before this time Bastards were admitted to Inherit in Wales as well as the Legitimate which Usuage is here abrogated And although we have but few Evidences touching the British Laws before their Expulsion into Wales yet this usage seems sufficiently to Evidence That this was the antient British Law 2ly As to the times of the Saxons and Danes their Laws collected by Brampton and by Mr. Lambard speak not much concerning the Course of Descents Yet it seems that commonly the Descents of their ordinary Lands at least except Barronies and Royal Inheritances descended also to all the Sons Among the Laws of Canutus there is this Law Lambard fol. 122 Tit. de Intestato Mortuis Sive quis incuria sive morte repentina fuerit intestato Mortuus Dominus tamen nullam rerum suarum partem praeter eam quae jure debetur Hereoti nomine sibi assumito Verùm eas Judicio suo Vxori Liberis cognatione proximis justè pro suo cuique jure distribuito Upon which we may observe these things 1 st That the Wise had a share as well of Lands for her Dower as Goods 2ly That in reference to Hereditary Succession there then seemed to be little difference between Lands and Feuds for here is no distinction 3ly That there was a kind of settled right of Succession with reference to proximity and remoteness pro suo cuique jure 4ly That in reference to Children they seemed all to succeed alike without any distinction between the Males and Females 5ly That yet the Ancestor might dispose by his Will as well of Lands as Goods which usage seems to have obtained unto the time of H. 2. as appears hereafter by Glanvil 3. It seems That until the Conquest the Descent of Lands was at least to all the Sons alike and for ought appears also to all the Daughters and that there was no difference in the Hereditary Transmission of Lands and Goods at least in reference to the Children This appears by those Laws of King Edward confirmed by the Conquerer and recited in Lambard fol. 167. and also by Mr. Selden upon Eadmerus Lege 36. Tit. De Intestatorum bonis 184. Siquis intestatus obierit Liberi ejus Haereditatem equaliter dividant But this equal division of Inheritances among the Children was found to be very inconvenient For First It weakned the Strength of the Kingdom for by frequent parcelling and subdividing of Inheritances in process of time Inheritances were so crumbled that there were few persons of able Estates left to undergo publick Charges or Offices 2ly It did by degrees bring the Inhabitants to a low kind of Country Living and Families were broken and the younger Sons which had they not had these little parcells of Land to apply themselves to would have betaken themselves either to Trades or Military or Civil or Ecclesiastical Imployments neglected those opportunities and applied themselves to their small dividends of Land whereby they neglected opportunities of greater advantage to enrich themselves and the Kingdom And therefore William the Conqueror having by his accession to the Crown gotten the Possessions and Demeans of the Crown and also very many and great possessions of them that opposed him or adhered to Harold disposeth of these Lands or great part of them to his Countrymen and others that adhered to him and retained certain Honorary Tenures either by Baronage or in Knights Service or by Grand Serjeantry for the Defence of the Kingdom And possibly also as the desire of many Owners changed their Tenures into Knights Service Which Introduction of new Tenures was not nevertheless without consent of Parliament as appears by the additional Laws before mentioned That King William by the advice of Parliament made mention of by Mr. Selden upon Eadmerus pag. 191 among which this was one viz. Statuimus etiam firmiter praecipimus ut omnes Comites Barones Milites Servientes universi Liberi homines totius Regni nostri habeant teneant se semper in armis in equis ut decet oportet Et quod sint semper prompti bene parati ad servicium suum integrum nobis explendendum peragendum cum semper opus affuerit secundum quod nobis de Feodis debent Tenementis suis de jure facere Et sicut illis statuimus per commune consilium totius Regni nostri illis dedimus concessimus in Feodo jure Haereditario Whereby it appears that there were two kinds of Military Provisions one that was set upon all Freeholders by common consent of Parliament which was usually called Assiza Armorum and another that was Conventional and by Tenure upon the Infeudation of the Tenant which was called Knights Service and sometimes Royal