Selected quad for the lemma: son_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	daughter_n	mother_n	sister_n	25,437	5	10.5778	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A22779	The principal lawes customes and estatutes of England which be at this present day in vre [sic] compendiously gathered togither for y[e] weale and benefit of the Kinges Maiesties most louing subiect[s] : newely recognized and augmented.	Taverner, Richard, 1505?-1575.	1540 (1540)	STC 9290.5; ESTC S123569	54,193	204

personne such● landes to haue to hold to him and to his assignes for euermore here a state of inheritaūce doth passe for in testamentes the wil and intent of the testaour is to be pondred not the formal prescripte wordes of y● law Also these termes in the lawe franke mariage and franke almo●e that is to saye free mariage and free almose do include in them wordes of inheritaunce And therfore if I giue landes to a man wyth my daughter in franke mariage wythout further addicion or mēcion of heires this is an estate of inheritaunce as we shal hereafter declare more plentiouslye In likewyse it is of landes giuen to an house ecclesiastical in pure frāk almes Moreouer if landes be giuen to a mā to his blode or to him to his seed he hath in both cases a state of inheritaūce for in y● one he hath a fee taile in thother a fe simple For this word seed and bloud and suche lyke do implye wordes of inheritāce But nowe it is to be sene who be sayde a mannes heyres in the lawe Ye shall therfore knowe that my brother or syster by the halfe bloude that is to wytte by the fathers syde and not by the mothers or contrary wyse by the mothers and not by the fathers shall neuer be myne heyre nor none that come of them Neither my bastarde can be myne heyre nor myne owne naturall father ne mother nor grandefather ne grandmother can be myne heyre For it is a principle and grounde in the lawe that inheritaunce may linially descend but ascende it may not And therfore if I haue landes in fee simple and dye wythout issue of my bodye my father can not be myne heire but my fathers brother or syster shal and then if my vncle or aunt dye seased wythout issue my father shal haue the landes as heir to myne vncle or to my aunte but heyre to me he can not be But it maye go from me to myne vncle or aunte well ynoughe for that is not called a linial ascension but a collatrall And ye shal note that by the commō lawe of this realme my eldest sonne shall haue the hole inheritaunce and after hym if he hathe no issue the seconde sonne and so forth And if I haue no sonnes but daughters than shal al the daughters togither inherite if I haue no issue at all neither son●es ne daughters than shall my eldest brother in heritage succede me but if I haue no brother than my systers if I haue any if not my vncle by my fathers syde if the landes be of myne owne purchase And to be shorte if there be none in lyfe of my fathers syde it shall goo to my mothers syde and if there can be found no heyre neither by fathers syde ne yet by mothers then shall it reuerte and eschete as they call it to the lord of whome it was holden for euerye lande must nedes be holden of some lorde as shall be here after shewed But if landes descende vnto me by my mothers syde than if I fayle of issue the landes shall descende onely to my heyres of my mothers syde neuer to myne heyres of my fathers syde as on the contrarye syde yf I haue landes or any hereditamentes by discēt frō my father or his blode they shal neuer descend to my heires by my mothers syde Thus ye se a greate difference in this behalfe bitwene purchased landes and landes which descende from my auncestoure Yf there be thre sonnes and the myddell sonne purchaseth landes dye wythout issue the heldeste shall haue the lādes and not the yongest Also it is a principle in oure law that none can be myne heyre of landꝭ that I holde in fee simple onles he be myne heyre by the hole blode that is to say both by father and mother for if a man hathe issue two or thre sonnes by sondry wyues and the eldest purchaseth landes in fee and dyeth wythout issue his halfe brethren I meane those that be not his brethren bothe by the fathers syde mothers syde shall not haue the lande but it shall go to his vncle Lykewyse if a man hath by his fyrste wyfe a sonne and a daughter and by his seconde wyfe an other sonne and the sonne by the fyrst wyfe purchaseth landes in fee and dyethe wythout issue the syster german shall haue the landes by discēt as heyre to her brother and not to the yōger brother Otherwise it is of landes or other hereditamētꝭ entailed as shal be herafter specified Also if a man be seised of landes in fee simple and hathe issue a sonne and daughter by one wyfe and afterwarde a sonne by an other and dyeth and the eldest sonne entreth in to the landes and after dyeth wythout lawfull issue of his body the daughter shall haue the landes and not the yongest sonne and yet the yongest sonne is heyre to his father but he is not so to his brother But if in thys case the eldeste sonne had not entred after the death of his father but had died before any entre made by hym than shal not the syster germaine entre but the yonger brother is heire to his father bicause the eldest brother was neuer in actuall possessiō which is requisyte to that personne that claymeth to be heyre collaterallye But to the lyniall heyres it suffiseth that the auncestour shuld haue bene heyr yf he had liued I meane as thus A man is seased of landes and hath issue a sonne daughter by one wyfe and afterwarde a sonne by an other he dyethe the eldeste sonne entrethe not but dyeth wythout issue before he can make any actuall entree hys syster shall not haue the landes as heyre to her brother bycause her brother was neuer actually possessed but y● yōger brother shall haue them as heyre to his father Yet if theldest sonne in that case had lefte behynde him issue of his body whether it had bene sōne or daughter this issue not wythstandyng that the father of the issue was neuer possessed either actually or in the law shal haue the lādes and shal conuey his discent from his father for the sonne or daughter is linial heyre where as the brother sister vncle aunt c. be heyres collaterall and so obserue a dyuersitie I call an actuall possession whan a man entreth in dede in to landes to him descēded but a possessiō in lawe is called when landes be descended to a persone ann he hath not yet real ly and actually ētred in to them For notwythstandydge that he is not in actuall possession yet he is possessed in the lawe that is to say in the eye consyderation of the law for asmuch as he is tenaunt to euery mans action that wyll sue for the sayd landes for els there shulde insue an intollerable inconuenience as we shal more copyously open in an other place Ye shall vnderstande that thys worde inheritaunce is not onelye to be accommodate and

applied to that whyche commeth by discente from a mannes auncestours but also to euery purchase in fee simple or fee taile Fee tayle Ye shall vnderstande that before a certayne statute called the statute of Westminster seconde there was no state tayle but all was fee simple eyther purely that is to saye wythout condition or condicinallye as appereth by the pretence of y● said statute but now sythens the promulgating of that statute diuers formes of state tayles haue rysen Fee tayle is whan it is prescribed and lymytted in the gifte what heyres and by whome engendred shall inherite As for exemple I gyue landes to a man and to his heyres and go no further this is fee simple but if I make a limitation and adde of his hody begotten now is it fee taile that is to saye a fee or inheritaunce limitted prescribed determinate or assigned So that if I gyue landes to a man and to his heyres he hathe fee simple but yf I gyue landes to hym and to hys heyres of hys bodye lawfully begotten he hathe but a fee tayle for asmoche as I appoynte lymytte prescribe and determyne the heyres and for lacke of suche heyres the gyfte shall be expired and worne out the landes shall reuerte agayn to the gyuer or his heyres But ye muste obserue that there bo two kyndes of fee tayle There is a generall tayle and there is a speciall tayle Fee tayle generall is as where landes be giuen to a man and to his heyres of his bodye begotten without anye mencyonynge and expressynge by what woman they are to be begotten And therefore yfa mā be tenaunte in the generall tayle of landes and taketh a wyfe and hathe issue by her and she dyeth and afterwarde he takethe an other wyfe of whom he hath also other issue here either of these issue is inheritable to this land entayled But if I expresse in the gifte by what womā the heires shall be procreate and ingēdred then is it an especiall tayle as for exemple to make the thynge playne if landes be gyuen to a man and to the heyres of his body lawfully begotten by Katherin his wyfe this is an especiall tayle for the issue of him begotten by an other woman shal neuer inherite by force vertue of the tayle Lykewyse it is if landes be giuen to a woman and to y● heires of her body law fully begotten shewe not by what man this is a general taile but if I adde saye by suche a man her husbande than is it an especiall taylle Also yf I gyue landes to a man and to hys wyfe and to the heyres of there two bodyes lawfully begotten thys ys an especyal tayle as wel in the husbande as in the wyfe Semblably it is yf a man gyueth landes to an other man wyth hys daughter or kynswoman in francke mariage thys emplyeth a state tayle especiall and in thys case as wel the man as the woman hathe estate in in the speciall tayle But yf I gyue landes to a man and to suche a woman and to hys heyres that he shall begette of her here the woman hathe estate but for terme of her lyfe and the husbands an estate in the especyall tayle In lykewise it is on the womās behalfe as if I gyue landes to a man and to hys wyfe and to her heyres of the bodye of her said husbande engendred he hathe an estate but for terme of lyfe and she an estate in the specyall tayle But in bothe cases yf I hadde sayde to the heyres and not hys or her heyres than shulde eyther of them haue hadde an estate in the specyall tayle bycause thys worde heytes is as well referred to the one as to the other Ye shall also vnderstande that yf landes be giuen to a man ond to the heyres males of his bodye this ys a state tayle and in this case the heyre femalle shall neuer inherite Finally it is to be noted that of landes whych a man hath in fee simple the possession of the brother shall cause the syster germayne that is to saye the syster bothe by the fathers syde mothers to inherite and not the brother by the halfe blod as here tofore was said but of landes which be entayled otherwise it is Therfore if a man be seysed of landes in the generall tayle and hath issue by hys furst wyfe a sonne and a daughter and also a sonne by an other wyfe dyeth and the eldest sonne entreth in to the landes after dyeth the suster germayne shall not haue the landes but the yonger brother of the halfe blode bycause whosoeuer shall inherite landes in taile must claym them as nexte and immediate heyre not to hym that dyeth last seased of the landꝭ but to hym vnto whome the landes were fyrst gyuen whyche in the case before remembred is the sonne and not the daughter Thus ye shal marke obserue a great diuersitie bytwene the forme of successyon in landes of fee simple and the forme in fee tayle Tenaunt after possibilitie of issue extincte WHan landes or tenementes be giuen to a mā and to his wife and to the heires of there two bodies lawfully begotten yf in thys case either of them chaunce to dye before they haue issue betwene them he or she that ouerlyueth hys styl tenaunt in tayle but wythout all possibilitie of any issue that can be heyre to these landes entayled and for thys cause he or she thus ouerlyuynge is called tenaunte after possibilitie of issue extincte for in suche a tenaunte is all possibilitie of issue that maye be inherytable to these landes by force of the gyfte in tayle vtterlye extincte and quenched and by his or her deth the state tayle shall expyre cease and be abolyshed for euer and shall reuerte agayn to the gyuer or donoure from whence it came Yet forasmoche as thys tenaunt after possibilitie of issue hadde ones an inheritaunce in hym he shall not be punyshede by an action of waste though he makethe neuer so moche waste in the landes and tenementes whereas yet in effecte he is but a tenaunte for terme of lyfe Of perceners Hitherunto I haue made a compendious and short declaracyon of estates of al sortes But where I sayde that among susters there is no prerogatyue or preminence concernyng the inheriting of theyr auncestoures landes but that they shall be al togither inheritours and make as it were but one heyre it is expedient to make a further processe in this behalfe and to shew howe in what maner this partition shall be made But ye shall vnderstande that there be besyde parceners at the common lawe whyche be onelye susters also parciners by custome whiche is amonges brothers contrarye to the course of the common lawe and this custome is in Kent and in other places where landes and tenemētes be of the tenure of Gauel kynde Ye shall thefore knowe y● whan a mā is seised of landes in fee simple or see tayle and hath no