Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	heir_n	son_n	21,397	5	5.3163	4	false

Text snippets containing the quad

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

Acres which hath ever beene demised for sixe shillings rent Escheateth to two Coparteners and one granteth three Acres reserving thre shillings pro rata this is a perfect reserving In Admittances upon surrender the Lord to no intent is reputed as owner but wholly as an instrument and the party admitted shall be subject to no other charges or incombrances of the Lord for he claimes his estate under the party that made the surrender and in the plaint in the nature of a Writ of entry in the per it shall be supposed in the per by him not by the Lord and as in admittances upon surrenders so in admittances upon descents the Lord is used as a meere instrument Co. 4. fo 27. b. and no manner of interest passeth out of him and therefore neither in the one nor in the other is any respect had unto the quality of his estate in the Manor for whether hee hath it by right or by wrong it is not materiall these admittances shall never be called in question for the Lords Title Co. 1 fo 140. b. because they are judiciall acts which every Lord is enjoyned to execute Besides in admittances upon Surrenders the Lord being accounted nothing but a necessary instrument it followeth that he hath a bare Customary power to admit secundum formam effectum sursum reddendi therefore if there be any variance betweene the admittance and the surr either in the person in the estate or in the tenure or in any other collaterall points the Lord doth onely transferre an estate according to the surr and his authority if it can take such effect As if I Surrender to the use of I.S. and the Lord admits I.N. this admittance is wholly voide and notwithstanding this admittance the Lord may afterwards admit I. S. according to the effect of his authoritie but had he admitted I. S. and I.N. joyntly then the admittance had beene void for the one and good for the other like the Case of a Devise where a Devise of a terme is made to I. S. and the Executors agree that I. S. and I.N. shall have this terme Co. 4 fo 28 this consent is voide to I.N. for after the consent of the Executors I. N. is in by the Devise Yet some are of opinion that if I surr to the use of I. S. in Fee and the Lord admits I. S. together with his eldest sonne and heire apparent that this is an estate by Estoppell to I.S. and that he shall onely claime joyntly with his sonne because hee might have refused an admittance in this manner but I can hardly be brought to thinke that this admittance giving a present interest in theson who by surrender was to have no interest till the death of his father should be any such estopell If I surr to the use of I.S. for life and the Lord admits him in Fee an estate for life onely passeth Co. 4. fo 29. So if I surr without mentioning any certaine estate because by implication of the Law estate for life onely passeth though the Lord admit in Fee no more doth passe than the implication of Law will warrant If I surr with the reservation of a rent and the Lord admits not reserving any rent or reserving a lesse rent than I reserved upon the Surrender this admittance is wholly void but if the Lord reserveth a greater rent then is the reservation void only for the surplusage and the admittance so far currant as it agreeth with my surrender If I surrender upon Condition and the Lord omits the Condition the admittance is wholly void but if my surrender be absolute Co. 4. fo 25. and the Lords admittance be conditionall the Condition is void but the admittance in all points else is good The reasons of these diversities are these where an Authority is given to any one to execute any act and he executeth it contrary to the effect of his authority this is utterly voyd but if hee executeth his authority and withall goeth beyond the limits of his warrant this is voyd for that part onely wherein he exceedeth his authority These admittances upon Surrender differ from admittances upon Discents in this that in admittances upon surrender nothing is vested in the Grantee before admittance no more then in the Voluntary admittances but in admittances upon Discents the heire is Tenant by Copy immediately upon the death of his Ancestor not to all intents and purposes for peradventure he cannot be sworne of the homage before neither can hee maintaine a plaint in the nature of an Assize in the Lords Court before because till then he is not compleate Tenant to the Lord no further forth then the Lord pleaseth to allow him for his Tenant And therefore if there bee Grandfather Father and Sonne and the Grandfather is admitted and dyeth and the Father entreth and dyeth before admittance the Sonne shall have a plaint in the nature of a writ of Ayell and not an Assize of Mort d'auncestor so that to all intents and purposes the Heire till admittance is not compleat Tenant yet to most intents especially as to strangers the Law taketh notice of him Co. 4. fo 23. as of a perfect Tenant of the Land instantly upon the death of his Auncestor for he may enter into the Land before admittance take the profits punish any trespasse done upon the ground Surrender into the hands of the Lord to whose use he pleaseth satisfying the Lord his fine due upon the Discent and by estoppell hee may prejudice himselfe of his inheritance for if an Estrange come and surrender to the use of him and his Wife before admittance hee shall ever claime joyntly with his Wife and never be taken as sole Tenant and the Lord may avow upon him before admittance for any arrearages of Rent or other Services and last of all Co. 4. fo 22. b. upon an actuall possession there shall be possessio fratris before admittance for if a Copyholder in Fee have issue a Sonne and a Daughter by one Venter and a Sonne by another venter and dyeth seised and his Sonne by the first Venter entereth into the Land and dyeth before admittance the Daughter shall inherit as Heire to her brother and not the Sonne by the second Venter as Heire to his Father and many times the possession of a Guardian or a Tearmer without an actuall entry or any claime made by the Heire will make a possessio fratris As if a Copyholder in Fee having issue a Sonne or a Daughter by one venter and a Sonne by another Venter by Licence of the Lord maketh a Lease for yeares and dyeth and the Sonne of the first Venter dyeth before the expiration of the Terme being neither admitted nor having made any actuall entry or any claime Yet this possession of the Lessee is sufficient and the Reversion shall discend to the daughter of the first Venter and not to the sonne of the second Venter But if the

Livery and seisin who executeth it accordingly though the Lessor be used as an instrument to performe the will of the Lessee yet this being his voluntary act the Law taketh it as a consent for the passing away of the whole inheritance but if you looke narrowly into both Cases you shall finde the difference in the Latter Case by the Feoffment the Fee is devested out of the Lessor and therefore a consent will serve to transferre the Reversion but in the former Case the Reversion is not pluckt out of the Lord by the Surrender and therefore an implied consent is too weake to remove it I will onely adde one observation more and so I will end with the Grantor The Law is not so strict to a Copyholder as that he must come personally into Court upon the making of every Surrender but they may Surrender by Attorney as well as Livery and Seisin may be made by Attorney at the Common Law and should the Law be otherwise great inconveniencie would ensue for how should Copyholders that are in prison or languishing upon bed or beyond the Seas surrender but by Attorney But note this difference if a man hath a bare Authority joyned with a Confidence without interest this Authority cannot be executed by Attorney therfore if I devise that my Executor shall sell my Land they cannot sell by Attorney for that were to make an Attorney upon Attorney which the Law will in no wise permit and though a man have an Authority joyned with an interest yet if the Authority be warranted by speciall Custome onely it cannot be executed by an Attorney and therefore if there be a speciall Custome that a Copyholder for life may make estate for 20. yeares to continue after his death these estates cannot be made by Attorney So if there be a speciall Custome that an Infant at the age of discretion may surrender a Copyhold this surrender being confirmed by speciall Custome onely cannot be made by Attorney And so if there be a Custome that a Copyholder out of the Court may surrender into the hands of the Lord by the hands of two Customary Tenants such Surrenders must be done in person But wheresoever there is a generall Authoritie accompanied with an interest that Authority may be executed by Attorney as Cestuy que use after the Statute of 1. R. 3. and before the Statute 27. H. 8. might have aliened by Attorney for at that time he had an absolute authority to dispose of the Land at his pleasure without any confidence reposed in him And thus much of the Grantor A word of the Grantee SEC XXXV THe same persons that are capable of a Grant by the Common Law are capable of a Grant by Copy according to the Custome of the Manor An Infant a man of non sanae memoriae an Idiot a Lunatique an Out-law or an excommunicate may be Grantees of a Copyhold estate The Lord himselfe may take a Copy-hold to his owne use one joynt Tenant may receive a Copyhold from the hands of his joynt companion because it passeth by Surrender not by Livery A feme covert may be a purchaser of Copyhold and this purchase shall stand in force untill her husband disagreeth Nay further a feme covert may receive a Copyhold estate by surrender from her husband because she commeth not in immediately by him but by mediate meanes viz. by the admittance of the Lord according to the surrender As the seme is capable of receiving a Copyhold from the hands of the Baron so by speciall Custome the Baron may take a Copyhold from the hands of his seme for in some Manors Custome● doth enable the feme to devise a Copyhold to the Baron but this Custome hath beene much impugned therefore I dare not justifie the validity of it What persons soever are capable of a Grant by Copy may well take by Attorney not that the Lord shall be enforced to admit any one by Attorney because upon every admittance there is fealty due by the party admitted which is a duty so inseparably annexed to the persons that it cannot be discharged by deputy and therefore no reason the Lord should be inforced to admit by Attorney but if hee will admit him it standeth good It is not necessary that upon Surrenders of Copiholds the name of the partie to whose use the Surrender is made be precisely set downe but if by any manner of circumstance the Grantee may be certainely knowne it is sufficient And therefore a Surrender made to the Lord Archbishop of Canterbury or the Lord Major of London or the high Sheriffe of Norfolke without mentioning either their Christian-name or Sir-name are good enough and certaine enough because they are certainely knowne by this name without further addition So if I Surrender to the use of the next of my blood to the use of my wife to the use of my brother or sister having but one brother or one sister these Surrenders are good without any additions because the Grantee may certainly be knowne by these words If I Surrender generally into the hands of the Lord not expressing to whose use the Surrender shall be this Surrender is a good Surrender and shall enure to the benefit of the Lord. If I surrender to the use of my sonne W. having more sonnes than one of that name yet by an averment this incertainty may be helped But if I Surrender to the use of my cosin or my friend this is so generall and so incertaine that no subsequent manifestation of my intention can any way strengthen it So if three Surrender to the use of three or foure of S. Dunstons Parish not naming the Parishiones by their names this Surrender is utterly void And so if I Surrender in the disjunction to the use of I. L. or I. N. this is insufficient for the incertainty And in customary Grants upon Surrenders the Law is not so strict as in Grants at the common Law for in Grants at the common Law if the Grantee be not in rerum natura and able to take by vertue of the Grant presently upon the Grant made it is meerely voyd But in customarie Grants upon Surrenders the Law is otherwise for though at the time of the Surrender the Grantee is not in esse or not capable of a Surrender yet if he be in esse and capable at the time of the Admittance that is sufficient and therefore if I Surrender to the use of him that shall be heyre to I. S. or to the use of I. S. next child or to the use of I. S. next wife though at the time of the Surrender I. S. had no heyre child or wife yet if afterwards he hath a childe or taketh a wife his heyre his childe or his wife may come into the Court and compell the Lord to admit according to the Surrender So if I Surrender to the use of him that shall come next into Pauls after such an houre whose fortune soever it is to

by the act of the party some are determinable by death some by collaterall meanes By death as estates granted during the life of the Grantor of the Grantee or of a Stranger By collaterall meanes as estates granted quia diu fuerit innupta to a Widdow qùia diu remanserit vidua or to a Minister quamdiu Sacerdotium exercuerit Of Francke tenants created by the act of the Law some are Francketenants simpliciter some secundum quid simpliciter as the estates of a tenant in Dower of a tenant by the courtesie of an occupant a tenant in taile after possibility of issue extinct secundum quid as the estates of a tenant by Statute Merchant Stat. Staple Elegit who though they are to have the Land but for so many yeares as will give a plenary satisfaction to their debts yet by the Stat. of Westmin 2. they may mainetaine an Assize which no other tenant having but a Chattell can have All Chattells are either certaine or incertaine of Chattells certaine some are in themselves certaine some are made certaine by relation to a certainty Certaine in themselves as where Lands are granted for 20. 30. or 40. yeares Certaine by relation to a certainety as where Land is granted for so many yeares as I. S. hath acres of Land Of incertaine Chattells some are incertaine in their commencement some incertaine in their determination In their commencement as where a Guardian hath an estate during the minority of the heire all these estates either by the generall or by the particular Customes of Manors are of Copyholds aswell as of Freeholds in what manner soever an estate in Fee simple is warranted by the Custome Co. 4. fo 23. most inferior estates are by implication likewise warranted All Francke tenants created by the act of the party the estate of an occupant and all Chattells whatsoever without any other particular Custome are hereby warranted But the Law is otherwise Co. 4. fo 22. a. of estates in Dower by the courtesie by Statute Merchant Statute Staple or Elegit for as long as such a Copyhold by the Custome of the Manor grantable in Fee simple continueth in the Copyholders hands it is not lyable to any of these estates but if once it commeth to the Lord by Escheate forfeiture or by other meanes so long as it remaineth reunited to the Manor it is in the nature of a Freehold and shall be subject to the charges and incumbrances as Land at the Common Law and howsoever by implication these estates are not allowed in Copyholds continuing in the Copyhold possession yet by particular Custome the Wife may bee Tenant in Dower the Husband Tenant by the Curtesie a stranger Tenant by Stat. Merchant Stat. Staple or Elegit of a Copyhold resting in the Copyhold aswell as if it rested in the Lord whether an estate tayle or an estate Tayle after possibility of issue extinct which hath a necessary depending upon an estate Taile may by any particular Custome bee allowed that I may dispute but cannot determine for it is vexata quaestio much controverted but nothing concluded I will briefely touch the reasons alledged on both sides They which are against the validity of Intailes by speciall Custome doe chiefely urge these two reasons that no estates tayles were before the Stat. de donis conditionalibus but all Inheritances were Fees conditionall and the Statute being made 13. E. 1. which is within the memory of man it cannot be that any speciall Customes have any Commencement since the Statute for then a Custome might begin within time of memory which is altogether repugnant to the rules of Custome Two great inconveniencies would ensue if a Copyholder might be Intailed by speciall Custome because neither fine nor Common recovery can barre it so that he hath such an estate that he cannot of himselfe without the assent of the Lord dispose of it either for the payment of his debts for thē advancement of his wife or preferment of his yonger sonnes SEC XLVIII THe maine reasons insisted upon in defence of intailing Copyholds are these 1. In divers Manors they have beene from time to time not onely reputed as Tenants in tayle but in every mans mouth termed by that name 2. A Formed on in the Descender lyeth of a Copyholder which Writ none can bring but Tenant in tayle 3. A remainder limitted upon such an estate in such Manors hath beene allowed and therefore is no Fee conditionall for upon a Fee whether absolute or conditionall a Render can by no meanes depend 4. It is a common usage there by a Recovery to docke intayles of Copyhold or to defeate these estates by presentment that the Copyholder hath committed a forfeiture and so the Lord to seize and then to surrender it to the purchaser and therefore there is not that inconvenience which is supposed in the Copyhold scilicet want of power to dispose of such an estate without the Lords consent 5. Much inconvenience would depend upon this if Copyholds might not be intailed for it would tend to the subversion and destruction of many mens estates which from time to time they have enjoyed without contradiction and therefore for the quiet of the Common-wealth how necessary it is that Copyholds should be intayled let any man judge Thus much of the severall estates of the Copyhold A word of their severall qualities incident to severall estates SEC XLIX WHat qualities soever are necessarily incident to estates at the Common Law are incident to estates by Custome In illustrating this I will confine my selfe to the discussing of these two points 1. What words will create Copyholds of inheritance and what Copyholds of Franck-Tenant 2. How Copyholds of inheritance shall descend Touching their creation Copyholds of inheritance Co. 4. fo 2● and Copyholds of Franck-Tenement are created by the same words that Inheritance and Franck-Tenement at the Common Law are created by If a Copyhold be granted to a man and to his heires males or heires females If to a man sanguini suo hereditabili If to a Deane and Chapter or to a Major Commonalty without any expresse estate or without a limitation of some inferior estate In all these Grants a perfect estate in Fee passeth And so peradventure if I surrender a Copy-hold to a man and his heires and he reciting this estate re-surrendreth in the same manner to me that I surrendred to him not making any mention of my heire yet this recitall seemeth sufficient to passe a good Fee-simple So if I surrender unto you as large an estate as I. S. hath in his Manor of D. and he hath a Fee-simple in his Manor it is somewhat probable that an estate in Fee simple should passe by reason of his relation without the word heires If a Copyhold be surrendred to a man semini suo haereditabili de corpore or to a man haeredibus ex ipso precreatis or to a man in Franck-marriage with his wife in