Selected quad for the lemma: son_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	brother_n	father_n	sister_n	23,792	5	10.2345	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86253	The law of conveyances, shewing the natures, kinds, and effects, of all manner of assurances, with the manner of their several executions and operations. Also directions to sue out and prosecute all manner of writs, of extent, elegit, and judiciall writs upon statutes, recognizances, judgments, &c. A warrant to summon a court of survey: and the articles to be given in charge, and inquired of in that court. With an exposition of divers obscure words and termes of law, used in ancient records, &c. And also plaine decimall tables, whereby may be found the true values of lands, leases, and estates, in possession, or reversion. With a concordance of years, &c. / By John Herne Gent.	Herne, John, fl. 1660.	1655 (1655)	Wing H1570; Thomason E1597_2	165,473	258

next jure propinquitatis that is by right of representation and by right of propinquity And Littleton meaneth of the right of representation for legally in course of discent he is next of blood inheritable And the issue of C. doth represent the person of C. and if C. had lived he had been legally next of blood And whensoever the Father if he had lived should have inherited his lineall heire by right of representation shall inherit before any other though a Mother be jure propinquitati●… neerer of blood But if there be Father and Son and the Father hath a brother that is Uncle to the Son and the Son purchase lands in fee and die without issue living the Father the Uncle shall have the lands as heire to the Son and not the Father yet the Father is neerer of blood because it is a Maxime in Law that inheritance may lineally descend but not ascend yet if the Son in this case die without issue and the Uncle enter into the land as heire to the Son and after the Uncle dieth without issue living the Father the Father shall have the land as heire to the Uncle and not as heire to his Son for that he cometh to the land by collaterall discent and not by lineall ascent and his Uncle enter into the land for if the Uncle in this case doth not enter into the land then cannot the Father inherit the land for there is another Maxime in Law herein implied That a man that claimeth as heir in Fee-simple to any man by discent must make himself heire to him that was last seised of the actual Freehold and inheritance And if the Uncle in this case doth not enter then had he but a Freehold in Law and no actuall Freehold but the last that was seised of the actuall Freehold was the Son to whom the Father cannot make himself heire And therefore Littleton saith And his Uncle enter into the land as he ought by the Law to make the Father to inherit as heire to the Uncle Note that true it is that the Uncle in this case is heire but not absolutely heire for if after the discent to him the Father hath issue a Son or a Daughter that issue shall enter upon the Uncle And so it is if a man hath issue a Son and a Daughter the Son purchaseth land in fee and dieth without issue the Daughter shall inherit the land but if the Father hath afterward issue a Son this Son shall enter into the land as heire to his brother and if he hath issue a Daughter and no Son she shall be Co-partner with her Sister As he ought by the Law These words as a Key do open the secrets of the Law for hereupon it is concluded that where the Uncle cannot get an actuall possession by entry or otherwise there the Father in this case cannot inherit And therefore if an Advowson be granted to the Son and his Heires and the Son die and this discend to the Uncle and he die before he doth or can present to the Church the Father shall not inherit because he should make himself heire to the Son which he cannot do And so of a rent and the like But if the Uncle had presented to the Church or had Seisin of the rent there the Father should have inherited For Littleton putteth his case of an entry into land But for an example if the Son make a Lease for life and die without issue and the Reversion discend to the Uncle and he die the Reversion shall not discend to the Father because in that case he must make himself heire to the Son If the Father make a Lease for years and the Lessee entreth and the Father dieth the eldest Son dieth before entry or receipt of the rent the younger Son of the half blood shall not inherit but the Sister because the possession of the Lessee for years is the possession of the eldest Son so as he is actually seised of the Frank-tenement and the Inheritance and consequently the Sister of the whole blood is to be heire And so if lands be holden by Knights service and the eldest Son is within age and the Guardian entreth into the lands An so likewise if Guardian in Socage enters But in the case aforesaid if the Father make a lease for life or a gift in tail and dieth and the eldest Son dieth in the life of Tenant for life c. the younger brother of the half blood shall inherit because the Tenant for life or Tenant in tail is seised of the Freehold and the eldest Son had nothing but a Reversion expectant upon the Freehold and therefore the youngest Son shall inherit the land as Heire to his Father who was last seised of the actuall Freehold And albeit a rent had been reserved on the estate for life and the eldest Son had received the rent and died yet it is holden by that the younger brother shall inherit because the seisin of the rent is no actuall seisin of the Freehold of the land but Liber Ass part 2. seemeth to the contrary Ideo quaere He that claimeth Lands Tenements Maxime upon collaterall discent or Hereditaments as collaterall heire to any one must claim from such an one that had an actuall possessession and died actually seised of the Frank-tenement and the inheritance in Fee-simple of those lands which he so claimeth by discent and not from such a one who had but a possession in Law or a reversion in Fees expectant on a Frank-tenement discendible unto him But to the lineall heire it sufficeth that the Ancestor should have been heire if he had lived But if such a collaterall heire claime from a collaterall Ancestor that had a possession in Law by his own purchase or reversion in Fee-simple expectant on a Frank-tenement by his own purchase it is sufficient Actuall possession Note that an actuall possession must be gained either by a mans own act or by the actuall possession of another but if neither by his own act nor by the possession of another he doth gain no more then discendeth unto him then the brother of the half blood shall inherit Possessio quid And this word Possessio is no other but pedis positio and extendeth onely to things whereof a man by his entry or other act may gain an actuall possession for when the eldest Son hath not an actuall possession or if it be such inheritance whereof any possession may not be gained per pedis positionem or by any other act then the inheritance by the Law shall discend to the brother of the half blood As for example The King by his Letters Patents createth a Baron and giveth the Dignity to him and his Heires and he hath issue a Son and a Daughter by one venter and a Son by another venture and dieth the eldest Son dieth without issue To whom shall the dignity discend To the younger Son for it may not be said that the

owne Child Attainders which give Escheat Attainder by Verdict Confession Outlawry Abjuration but upon either of them judgment must be given Forfeiture of Goods and Chattels Going beyond the Sea without license Exigent awarded in Felony though he yeild his body thereupon Clergy in Felony standing mute in Felony Felo de se Flying for Felony though he returne and be tryed and found not guilty These bring a forfeiture of all a mans Goods and Chattels as well reall as personall Attainder to what time it shal relate for the forfeiture of Lands and Goods Forfeiture He that is attainted of Felony by Verdict Confession or Outlawry doth forfeit all the Lands he had at the time of the offence committed so that he can do no Act afterward to encumber the Land If Tenant in taile be attainted of high Treason he shall forfeit for no longer time then for his owne life If a man have an Estate for life of himselfe or of another do commit Treason or Felony the whole Estate is forfeited to the King but no escheat to the Lord. But a Copyhold of Fees as for life is forfeited to the Lord and not to the Crowne and if it be entailed Forfeiture by a Copy-holder the Lord is to have it during the life of the Offender and then his Heire is to have it A man attainted may purchase Pardon Corruption of blood but it shall be to the Kings use untill the party be pardoned yet the pardon giveth not back their Lands or Goods without a speciall Patent of Restitution which cannot restore the blood without an Act of Parliament So if a man hath a Son and then is attainted of Felony and pardoned and then purchaseth Land and then hath issue another Son and dieth the Son he had before the pardon though he be his eldest Son and the Patent have words of restitution to his Lands yet he shall not inherit them but the second Son shall inherit them because the blood is corrupted by the Attainder and cannot be restored by Patent alone but by Act of Parliament And if a man hath two Sonnes Where a man shall be said to dye without Heire although he have one and the eldest is attainted in the life of his Father and dieth without issue living the Father the second Son shall inherite the Fathers Lands but if the eldest Son have any Issue though he dye in the life of his Father then neither the second Son nor the Issue of the eldest shall inherit the Fathers Land but the Father shall be there accounted to dye without Heire and the Land shall escheat whether the eldest Son hath issue or not though he be pardoned after the death of his Father Note that the Heires procreate after the Attainder shall not inherite the Lands of his Father nor of his Mother But the Heires begotten before the Attainder shall inherit the Lands of that Father and of that Mother which was not attainted but the Lands of his Father attainted or of his Mother which is attainted he shall not inherit although the King hath pardoned the Attainder The operation and effect of a pardon For a pardon doth but onely cleare the corruption of the bloud of these children which be borne after the pardon and so to make them capeable to inherit such lands which their Ancestor shall purchase at the time of the pardon or any time after but not to inherit such lands as the Ancestor was seised of before nor to purge the bloud of those children begotten before the pardon as to make them inheritable to any Ancestor Alien and Denizen A man seised of lands in Fee hath issue an Alien borne out of the Kings Leigeance he cannot be heire Propter defectum subjectionis though he be born within lawfull marriage if made Denizen by the Kings Letters patents yet cannot he inherit to his father or any other but otherwise it is if he be naturalized by act of Parliament for then he is not accounted in law Alienigena but Indigena but after one is made Denizen the issue that hee hath afterwards shall be heire to him but no issue that he had before If an Alien come into England and hath issue two sons these two sons Indigenae subjects borne because borne within the Realme and yet if one of them purchase land in Fee and dieth without issue his brother shall not be his heire for there was never any inheritable bloud between the Father and them and where the sons by no possibility can be heire to the Father the one of them shall not be heire to the other An Alien that is naturalized by Act of Parliament is to all intents and purposes as a naturall born subject differs much from denization by Letters patents for if he had issue in England before his denization that issue is not inheritable to his father but if his father be naturalized by Parliament such issue shall inherit so if an issue of an English man be born beyond Sea if the issue be naturalized by act of Parliament he shall inherit his fathers land but if he be made denizen by Letters Patents he shall not and many other differences there are between them An Alien borne out of the Kings leigeance his ancestors not being of the faith and leigeance of England is neither heire to inherit nor to purchase within this realme yet the Lord shall not have the escheate because he died without heire but the King which is the supreame head and the supreame person shall have this Land by the common Law But an Alien borne out of the Realme and within the Legiance of the King his Father and Mother being then and all their live of the legiance of the King shall inherit by the common Law Infants borne out of the Kings legiance the father and mother at the time of the birth being leigemen of England shall inherit by the Statute of 25 E. 3. so that the mothers of the children pass the Sea with the husbands leave and consent this statute extendeth all to children whose fathers and mothers were dwelling in England If an Alien marry here an english woman and hath issue this issue shall inherit to the wife the same law where the husband an English-man marry a woman that is an Alien and hath issue he shall inherit his father All which said trusts every one of them the said A. B. C. D. for himselfe severally and respectively Covenant severall no joynt covenant and for his severall and respective heire Executors and Administrators for as much as shall concerne him or them and his or their said heires Executors or Administrators c. doth covenant c. And the said A. B. C. D. do severally and respectively that is to say either of them for himselfe and by himselfe his severall heires Executor When Covenants are severall they are as severall Deeds written in one Parchment Coke 5. part fo 23.

been usually lopt Tythes shall not be paid for them for as the Law priviledgeth the body of the Tree being parcell of the inheritance so doth it priviledge the Branches also so if a man cut his timber trees Tythes shall not be paid for the boughs or sprouts which are going out of the roots or stowles in respect that the root is parcell of the inheritance so if a timber tree become arda sicca non portans folia nec fructus in aestate nec existens macorin and the owner cut him no Tythes shall be paid therof in respect of the inheritance which was once in him so for the barke of Oakes being timber no tythes shall be paid but for Acornes tythe shall be paid because that groweth yearely Inheritance doth passe without livery and seisin by a grant If I grant all my Trees within the Mannor of G. to one and his heires the Grantee shall have inheritance in them without any Livery and Seisin Coke Barringtons case S. pars fo 137. And so if I grant to you my Trees in my Wood you may come with Waines or Carts over my Land to carry them Coke 11. pars fo 53. Vsery Clayton requested Reynolds to lend him 30. l. and upon communication between them Reynolds lent Claton 30. pound the sixth day of December 34 Eliz. unto the second of June next following to pay unto him for the principall and Lone thereof 33 l. upon the said second of June if the sonne of Reynolds were then alive and if he died before the day that then he should pay unto him twenty seven pounds which was 3 l. under the principals this is by the resolution of the whole Court was usery within the letter of the Statute Coke 5. pars fo 70. It was agreed between T. W. and A. G that A. Boortons case Coke 5. pars fo 69. should lend to T. W. 100 l. and that the said T. W. should grant to the said A. and his heires a rent which was in esse of 20 l. upon a condition that the said A. should lend to the said T. W. 100 l. as aforesaid And that the said T. should grant to the said A. and his heires the rent of 20 l. upon this condition that if the said T. should pay to the said A. 100 l s. the 17. of July 1580. which was a full yeare before the contract made that then the rent should cease and hereupon the money was received and the rent granted accordingly This was not within the statute of usury because nothing was to be paid by T. W. the Grantor within a yeare and a quarter after the Grant made for within the 17. day of Iuly 1579. and Christmas 1580. at which time a distres was taken for the rent no rent was limitted to be paid and if the Grantor had paid the 100 l. the 17. of July 1580. the rent had ceased without paying any thing for the same 100 l. So the whole Court adjudged that it was a plaine bargaine and conditionall purchase of such a rent and no usery But it was resolved by the Court that if it had been agreed between the Grantor and the Grantee that notwithstanding such power of redemption that the 100 pounds should not have been paid at the day and that the clause of redemption was inserted to make an evasion out of the Statute then it had been an usurious bargaine and contract within the Statute Coke 3. pars fo 69. Where a man for 100 l. selleth his land upon condition that if the Vendor or his heire repay the sum citra festum Pasch or such like then next comming that then he may re-enter that is not usury for he may repay it the morrow after or at any time before Pasc●… And therefore he hath not any gaine certaine to receive any profit of the land And likewise where any Defeasance or Statute is made for the repayment citra tale festum But it is otherwise if the condition be that if the said Vendor repay such a day such a yeare or two yeares after this is usury for he is sure to have the Land and the rents land or profits that yeare or these two yeares And so when a Defeasance or Statute is made for the repayment at such a feast which is a yeare or two years after B. Usury 1. If a man morgage his Land upon Defeasance of repayment to re-enter by which Indenture the Vendee leaseth the same land to the Vendor for yeares rendant rent there if there bee a condition in the Lease that if the Vendor repay the same before such a day that then the lease shall be void that is not usury But otherwise it is if he be to pay it such a day certaine or such a yeare or more after B. usury 2. 32 H. 8. Inheritances lineall and collaterall Lands purchased may goe to the heires both of the part of the father and mother of the Purchasor unlesse it be once attached in the heire of the part of the Father for the heir of the part of the Mother shall never have it because they are not of blood to him that was last seised But Lands discended goeth onely to the heire of that part from whence it discends as if from the Father who did purchase it then it may goe to the heirs of the part of the mother of the same father but not to the heirs of the part of the sons mother for though they be of blood to the sonne that was last seised yet they are not of blood to the father which was the first purchasor And if a man Purchase Lands in Fee-simple and die without issue he which is next Cousin collaterall of the whole bloud how far soever he be from him in degree may inherit and have the Land as heire to him These words do intend that where a man doth purchase lands and dieth without issue and having neither brother nor sister then his next Cosin collaterall shall inherit So as there is implied a division of Heires viz lineall who shall ever first inherit and collaterall who are to inherit in default of lineal for in discent it is a Maxime in Law Quod linea recta semper praefertur transversali Lineall discent is conveyed downward in a right line as from the Grandfather to the Father from the Father to the Son and so downward collaterall discent is derived from the side of the lineall as Granfathers Brother Fathers Brother c. Vpon this word Next I put this case One hath issue two Sons A. and B. and dieth B. hath two Sons C. and D. and dieth C. the eldest Son hath issue and dieth A. purchaseth lands in Fee-simple and dieth without issue D. is his next Cosin and yet shall not inherit but the issue of C. for he that is inheritable is accounted in Law next of blood And therefore here is understood a division of next viz. next jure representationis and

elder son was in possession of the dignity no more then of his blood for the dignity is inherent to his blood and neither by his own act nor by the act of another hath he gained more actuall possession then by the Law descended to him Coke 3. pars fol. 42. Actuall possession quid Possession in Law quid Here 's jure proprietatis heres jure representationis An actuall possession is when a man entreth in Deed into lands to him discended A possession in Law is when lands be discended to a man and he hath not yet really entred into them nor hath seisin of the rents reserved upon any estate made for life by him from whom he claimeth Every one that is heire unto another is as the eldest Son shall inherit onely before all his brothers Aut heres jure representationis as where the eldest Son dieth in the life of his Father his issue shall inherit before the youngest Son for although the youngest Son be magis propinquus yet jure representationis the issue of the eldest Son shall inherit for he doth represent the person of his Father And even as none may be procreate but of one Father and one Mother and ought to have in him two bloods viz. the blood of his Father and the blood of his Mother those two bloods commix in him by lawfull marriage doth constitute and make him heire So none may be heire to any one unless he hath in him both the bloods of him to whom he shall make himself heire And therefore the heire of the half blood shall not inherit because he wanteth one of the bloods that should make him inheritable for as in this case the blood of the Father and the blood of the Mother make but one blood inheritable and both are necessary to the procreation of an heire therefore desiciente uno non potest esse haeres And this is the reason of the Maxime of Possessio fratris de feodi simplex facis sororem esse haeredem Co. 3. pars Ratcliffs case fo 37. If a man be attainted of felony by judgment the heires begotten after the attainder are foreclosed from all manner of hereditary Succession as well on the part of the Mother as on the part of the Father And Britton gave this reason because the Son procreate after the judgment had not two bloods inheritable in him for at the time of his birth the blood of his Father was corrupt for ex leproso parente leprosus generatur filius And when the Father is attainted of felony the blood in respect of what it shall be inheritable being corrupt the Son as like to it hath not but half blood viz. the blood of the Mother in him without corruption And therefore he holdeth that such a Son shall not inherit his Mother And with him Bracton accordeth for saith he Non valebit felonis generatio nec ad hereditatem paternam vel maternam si autem ante feloniam generationem fecerit talis generatio succedit in hereditatem patris a quo non fuit felonia perpetrata Because that at the time of his birth he had two lawfull bloods commixt in him which may not be corrupt by attainder subsequent but onely as to that Father or that Mother by whom the Felony was done and committed Assise To arraigne an Assise is to cause the Demandant to be called to make the plaint and to set the cause in such order as the Tenant may be inforced to answer thereunto and is derived of the French word Arrayner to order or set in right place and the Assise is Arrained in French and entred in Latine Executed and things executory a difference There is a diversity between Inheritances executed and Inheritances executory As Lands executed by Livery c. cannot by Indentures of Defeasance be defeated afterwards And so if a Disseisee release to a Disseisor it cannot be defeated by Indenturs of Defeasance made afterward but at the time of the Release or Feoffment c. the same may be defeated by Indentures of Defeasance for it is a Maxime in Law Quae in continenti fiunt in esse videntur But Rents Annuities Conditions Warranties and such like that be inheritances executory may be defeated by Defeasance made either at that time or at any time after And so the Law is of Statutes Recognizances Obligations and other things executory Distress for a mercement He that distraineth for an Amercement and such like must be sure to distraine the Goods and Chattels of him that is amerced because he may not distraine another mans beasts for this amercement But for rent or services it is otherwise for the party may distraine the beasts found in the land that are levant and couchant there N. B. fol. 100. B. Distress Damage-feasant And if a man take beasts for Damage-feasant and the other offer sufficient amends he refuse c. Now if he sue a Replevin c. for the beasts he shall recover Damages onely for the Detinue of them and not for the taking for that was lawfull F.N.B. 69. The Lord may seise a Herriot service aswell as a Herriot custome Herriot service Herriot custome may be seised Warde and so it was then adjudged by the whole Court Plow fo 96. Replevin Woodland versus Mantle It was resolved that when the King maketh an heir apparent which in age of a Tenent by Knights service a Kt in the life of his ancestor after the ancestor dieth the said heir within age in this case he shall be out of ward and shall pay no value of his marriage nor the Lord shall have the custody of the Land for in such ease by the making of him Knight in the life of his Ancestor he is made as of full age so that when his Ancestor dieth no interest either in the body or in the land ever vesteth in the Lord. It was also resolved that when the heir within age is made Knight after tender made to him although that he within age marry else where yet he shall not pay the forfeiture of marriage Cok. 6. pars fo 73. Sir Drue Druries case If an infant in the life of his father be made Knight and his Father die he shall be in Ward but otherwise it is where an infant in Ward is made Knight there he shall be out of Ward 2. E 6. tit Garde 42. Magna Char. Cap. 3. Touching the time of the beginnning of a Lease for yeares it is to be observed Commencement of a lease Inclusive exclusive that if a Lease be made by indenture bearing Date the 26. of May c. to have and to hold for 21. yeares from the Date or from the day of the Date it shall begin the 27. day of May. If a Lease beare Date the 26. of May. c. to have and to hold from the making hereof or from henceforth or from the sealing and delivery hereof