Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	grant_v	reversion_n	tenant_n	6,527	5	10.6162	5	false

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

else an Estate in Dower limited to a wife in mariage and this reckoned Free-hold for that it is an Estate for life An Estate for years by grant of the Estates for years by grant partie is when by Lease either in writing or word called a Lease parol or by Will such an Estate is granted An Estate for years by Law is divers Estates for years by the Law as that which the Lord or Guardian hath till his Ward be of full age the like by Elegit grounded upon a Statute Ed. 1. upon a recovery of Debt Trespasse or Acknowledgment of Debt in the Chancerie or before a Judge The like Estate for years by Law is by the Statute merchant or staple By acknowledging a debt before the Major of the Staple of antient Cities and some special merchandizing Towns The two last Estates for years created by the Law were ordained for the better recovery and assurance of due debts but whether they or that of a Guardian be Estates for lives by Law some make question There are two other Estates whereof Tenant by Copie of Court-roll first reckoned Tenants at will But now not so the Holders are called Tenans at Will but of them although they be so termed the first is now allowed for a more ample Estate by use and Continuance that is to say Tenant by Copie of Court-roll first called Tenant in Vilainage But now according to the Custome of Mannors these Tenants are not to be altered but may renew their Estates by common course The other which is the last the Tenant at will the meanest Estate the Law alloweth of least and meanest Estate that the Law alloweth is called Tenant at will who hath no longer term than standeth with the will and pleasure of the Landlord CHAP. VII Of Assurances and Conveyances which grow out of these Estates by the Common-law SInce we see that the Estates and Interests of Men cannot pass from one unto another but by Descent or by Conveyance It were not amiss to manifest the general course of Assurances which are usual and admitted by the Common-laws of this Realm These Estates have for the most part their passages by Feoffment by Deed by Fine and Release by Common-recovery by Wills and by Vses Feoffment is by Liverie and Seisin Feoffment that is by deliverie of Possession upon the Land by taking of turfe and twigg but in antient time as Bracton lib. 2. How it was executed in antient time sheweth when there was no House on the Land it was heretofore per fustim per baculum and this Livery by Bracton is called Vestimentum donationis thereby putting the party to whom the Estate is granted in possession or some other to his use by Letter of Attorney And though this be of the Possession only yet without Liverie and Seisin no Feoffment can receive life or force A Feoffment is proper to an Estate A Feoffment proper to an Estate for life at the least for life at the least and so upwards or else by grant of the Reversion and Attornament of the particular Tenant which must be by Deed because the possession passeth not by delivery only This Conveyance was antient and most of Force being notorious of which the Country might take notice and is much used at this day Exchange of Land whereby one Exchang of lands parcel of Land is exchanged for an other of equall estate heretofore much used but not now Grants by Deeds written in paper Graunts by Deeds with Dedi concessi or parchment sealed and delivered with these words Dedi concessi c. have been antient and most usual so is it yet used but not so frequent especially in Estates of any value An other Assurance there is by Fine which also is antient at the first it was the agreement of parties upon Arbitrement or otherwise after a Controversie arisen when an Action is brought and hanging for so is the ancient Law after H. 3. his time for before and then Fines were received of many such things and in such sort as will not be now admitted So was it set down betwixt them in these words Haec est finalis concordia that is That this is the final agreement betwixt such and such persons Therefore as some say it was called finis quia finem imponit litibus because it maketh an end of strife This Conveyance is most antient as some hold it before the Conquest but now used in the King's Court of Common pleas and principally in some Courts of Record to make the Assurance more forcible and certain The same by a Statute made in the Fines strengthned by Statute 18th year of Edw. 1. was strengthened and by the same Statute every person of full age of sound minde out of prison and within the Realm were bound and concluded by a Fine if they did not make Claim within a year and a day after the Fine levied But this Statute being thought too penal and prejudicial to Mens rights was repelled by another Statute in the four and thirtieth year of King Edward the third And then men were at liberty as before to make their Claim at any time But afterwards this Satute of 34 Former Statutes concerning Fines repealed Edw. 3. was also repealed by a Statute in the fourth year of King H. 7. and also by a Statute in the 32 H. 8. Fines were made so strong that after the Fine ingrossed and Proclamation made all persons after 5 years Non-claim were bound unless they were under age lunatick in prison or out of the Land at the time of the Fine levied And by this Statute of 32 H. 8. Tenant in tail may barr his issue which before he could not by reason the Statute of 13 Edwardi 1. provided he should not binde him by any act Another Conveyance there is now Common-recoverie an Undoer of former Conveyances much in use yet not very antient which may be called a Pick-lock or an Undoer of former Assurances This is called a Common-recovery and was never used till about the 12 year of Ed. the 4. it is not warranted by any Statute but an Invention first grounded upon a mere Conceipt now held the strongest Conveyance The Invention was that the Issue The fraudulent invention of Common-recoveries in tail or he in the Reversion or Remainder upon a tail should be barred of his Right and Estate by a recovery against the Tenant in tail wherein Tenant in tail upon a supposed Warrantie did vouch an estranger because the Issue or he in the Reversion by this voucher was supposed to have a recompence in satisfaction of his Estate which being not so indeed this is then but a mere Collusion and indeed the most injurious Conveyance that the Law doth allow of to cut off mens titles and possibilities without their privitie or satisfaction This Conveyance is used only to cut off the Reversion or Remainder depending

since his death A little after him began Mr. Ploden who reported the speciall Cases which hapned from the second of King Edw. the sixt until the fifteenth of Queen Elizabeth they are but few Cases yet more fully reported than any before him Then the voluntary Reporter is the late Lord Coke who hath set forth thirteen Volumes of Reports Since that we have had Hobart Bulstrod Hutton and divers others especially Justice Croke who continues his Reports till the middle of the reign of King Charles the first There are besides these Reporters Writers of Rules and the application of them to Cases some other Writers of the Common Law whose Works are mixt partly of Rules and partly of Application of them to certain Cases of their own knowledg and collection such is the Book called The old Tenures and another commonly called Littleton's Tenures This Book serveth for an Introduction to the young Students in the Common-law of England as Justinian's Institutions doth for the beginners in the Civill-law Mr. Perkins did likewise draw certain Rules and Cases of some Titles of the Common law into a method but not of equall or like authoritie with Littleton's It is alledged by Ploden in his Epistle that in antient time as he had upon credit heard there were four Reporters of our Cases Reporters of the Law in former times authorized 2nd allowed by the King of Law which were chief men and had a yearly Stipend for their travell therein paid by the Kings of this Realm and they conferred together at the making and setting forth of the Reports It were to be wished that there were the like course still continued and allowance given So should we not have been bereaved of so many worthy and unrecoverable Cases and Judgments which are wanting and no doubt either perished or buried in silence by which means the Students are deprived of the Lights and Helps which they might have thereby CHAP. VI. Of Estates allowed by the Law of England HAving said somewhat of the Grounds of our Common-law of England it should seem proper in the next place to shew the Estates which the Common-law doth allow And that briefly for neither my Judgment in the Laws nor this place will fitly allow such aperfect and exact Discourse as may pass without exception of the Learned in our Laws or fully satisfie such as are well experienced in the same Onely that which shall be said is rather set down as a general view to consider the state and course of our Laws than as a platform and precise instruction thereof The Estates most absolute which Fee-simple of two sorts the law doth allow are either Fee-simple absolute of Land to a man and to his heirs and assignes for ever Estate of Fee-simple conditional now made an Estate in Fee-taile or Fee-simple conditional that is to him and the heires of his body general or special as it was at the Common-law which is accompted Fee-taile to his Heirs males or females according to the particular limitation This Estate of Fee-simple absolute How times have altered the state of Fee-simple and general is as ancient as our Common-law and perchance before the use of our Common-laws as they are now in ure for from the beginning there was giving and granting of Lands though not altogether in that exact and express form which later times have required because at the first if one man had given Lands to another for ever this had been held a sufficient grant to him and to his heires But now the law hath so expounded and distinguished that if the word Heirs be not in the grant it is no Fee-simple but an estate for life The estate in Fee-simple donditional was likewise for the general practice thereof introduced upon later considerations of which at the first there was no recovery left in the Giver nor remainder could be limited over but after issue had which was the condition annexed the Donee or he to whom the Gift was made had power to aliene the whole Land and Estate But afterwards this Estate in Fee-simple conditional was in the thirteenth year of King Edw. the first by a Statute made an Estate in tayle in the Donee and a Reversion in the Donor or giver And then the Donee might not by any Act barr his issues neither by forfeiture of offence as Treason nor by conveiance though never so strong as Fine c. Thus we see how the greatest and most beneficial Estate of Fee-simple which the Common-law doth admit hath received his degrees his limitation and alteration according as time increase of knowledg in the Laws and of Conveyances and Assurances amongst men have thought it meet the like alterations we may finde in other Estates of least extent and benefit in the Laws Where mention was first made of the state of Fee-simple to be very antient though not always in one expresse form It is true with a several respect of times in antiquitie For among the Saxons Fee-simple was Fee-simple in use in the Saxons time and that by the name of Land to a man and his heires as it appeareth in the Saxon Laws of Alfred where it is said qui terram habuerit per scripturae seriem the Saxon word is boclande sibi relictam ab haeredibus ad alios alienandi potestas ei non esto siquidem praesentibus cognatis coram rege aut episcopo scriptura aut testimonio potentum omni alienatione interdixisse illum qui prius concessit talemque ei imposuisse legem cum primo dederit out of which may be noted both the Fee-simple absolute and conditional were then allowed and in use And also Fee-simple conditional also known in the Saxons time a man may see that in antient time how a gift to a man and his heires and a gift to a man for ever were all one For when Erle Godwine came to the Bishop of Canterbury to get the mannor of Boseham in Sussex he first jestingly said to him as Mr. Camden saith out of Mapaeus Da mihi Boseham The Bishop as it should seem scarcely knowing his meaning answered him Do tibi Boseham whereupon without any more livery the Erle took and had possession thereof to him and to his heirs by which also we may see two things that the word heirs was not then of absolute necessitie in a grant to create a Fee-simple and that then such strict words and forms of Conveyances were not required as of later times to passe Estates of Lands There are other Estates of inferior degree and dignity allowed by the Common-law whereof some are accompted Inheritances and Freehold Others but uncertain and not for a prefixed season or term Of the first sort is an Estate for life Estates for life two-fold and that two-fold either created by the party as by Lease c. or else created by the Law as Tenant by the Curtefie of England by having issue of a wife Inheritrix or