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6. Ways are a right of passing over another man's ground 35

7. Offices are the right to exercise a public, or private, em-

ployment

10. Corodies are allotments for one's sustenance; which may

be converted into pensions. (See Book I. Ch. VIII).

40

11. An annuity is a yearly sum of money, charged upon the person, and not upon the lands, of the grantor

Page 40 12. Rents are a certain profit issuing yearly out of lands and tenements; and are reducible to, I. Rent-service. II. Rentcharge. III. Rent-seck

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CHAPTER IV.

OF THE FEODAL SYSTEM.

1. THE doctrine of tenures is derived from the feodal law; which was planted in Europe by its northern conquerors, at the dissolution of the Roman empire 44-5

2. Pure and proper feuds were parcels of land, allotted by a chief to his followers; to be held on the condition of personally rendering due military service to their lord

54

3. These were granted by investiture; were held under the bond of fealty; were inheritable only by descendants; and could not be transferred without the mutual consent of the lord and vassal 53-57 4. Improper feuds were derived from the other; but differed from them in their original, their services and renders, their descent, and other circumstances

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5. The lands of England were converted into feuds, of the improper kind, soon after the Norman conquest: which gave rise to the grand maxim of tenure; viz. that all lands in the kingdom are holden, mediately or immediately, of the king 48-53

CHAPTER V.

OF THE ANCIENT ENGLISH TENURES.

1. THE distinction of tenures consisted in the nature of their services: as, I. Chivalry, or knight-service; where the service was free, but uncertain. II. Free socage; where the service was free, and certain. III. Pure villenage; where the service was base, and uncertain. IV. Privileged villenage, or villein socage; where the service was base, but certain 61-78

2. The most universal ancient tenure was that in chivalry, or by knight-service; in which the tenant of every knight's fee was bound, if called upon, to attend his lord to the wars. This was granted by livery, and perfected by homage and fealty; which usually drew after them suit of court

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3. The other fruits and consequences of the tenure by knightservice were, I. Aid. II. Relief. III. Primer seisin. IV. Wardship. V. Marriage. VI. Fines upon alienation. VII. Escheat 63-72

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4. Grand serjeanty differed from chivalry principally in its render, or service; and not in its fruits and consequences 73

5. The personal service in chivalry was at length gradually changed into pecuniary assessments, which were called scutage or escuage

Page 74 6. These military tenures (except the services of grand serjeanty) were, at the restoration of king Charles, totally abolished, and reduced to free socage, by act of parliament

CHAPTER VI.

OF THE MODERN ENGLISH TENURES.

77

1. FREE socage is a tenure by any free, certain, and determinate service 78

2. This tenure, the relic of Saxon liberty, includes petit serjeanty, tenure in burgage, and gavel-kind

81

3. Free socage lands partake strongly of the feodal nature, as well as those in chivalry: being holden; subject to some service, at the least, to fealty and suit of court; subject to relief, to wardship, and to escheat, but not to marriage; subject also formerly to aids, primer seisin, and fines for alienation 86-89 4. Pure villenage was a precarious and slavish tenure, at the absolute will of the lord, upon uncertain services of the basest

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5. From hence, by tacit consent or encroachment, have arisen the modern copyholds, or tenure by copy of court roll; in which lands may be still held at the (nominal) will of the lord, (but regulated) according to the custom of the manor

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6. These are subject, like socage lands, to services, relief, and escheat; and also to heriots, wardship, and fines upon descent and alienation

97

7. Privileged villenage, or villein socage, is an exalted species of copyhold tenure, upon base, but certain, services; subsisting only in the ancient demesnes of the crown; whence the tenure is denominated the tenure in ancient demesne

99

8. These copyholds, of ancient demesne, have divers immunities annexed to their tenure; but are still held by copy of court roll, according to the custom of the manor, though not at the will of the lord 100

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9. Frankalmoign is a tenure by spiritual services at large; whereby many ecclesiastical and eleemosynary corporations now hold their lands and tenements; being of a nature distinct from tenure by divine service in certain

CHAPTER VII.

OF FREEHOLD ESTATES OF INHERITANCE.

101

1. ESTATES in lands, tenements, and hereditaments, are such interest as the tenant hath therein; to ascertain which, may be

2. Estates, with respect to their quantity of interest, or dura-

tion, are either freehold, or less than freehold

104

5. Tenant in fee-simple is he that hath lands, tenements, or

hereditaments, to hold to him and his heirs for ever

104

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11. Estates-tail may be-I. general, or special; II. male, or
female; III. given in frank-marriage

113-115

12. Incident to estates-tail are, I. Waste. II. Dower. III.

Curtesy. IV. Bar-by fine, recovery, or lineal warranty with

13. Estates-tail are now, by many statutes and resolutions of

the courts, almost brought back to the state of conditional fees

at the common law

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3. Incident to this, and all other estates for life, are estovers, and emblements: and to estates pur auter vie general occupancy was also incident; as special occupancy still is, if cestuy que vie survives the tenant

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Page 122 4. Legal estates for life are, I. Tenancy in tail, after possibility of issue extinct. II. Tenancy by the curtesy of England. III. Tenancy in dower

124-128

5. Tenancy in tail, after possibility of issue extinct, is where an estate is given in special tail, and, before issue had, a person dies from whose body the issue was to spring; whereupon the tenant (if surviving) becomes tenant in tail, after possibility of issue extinct

124

6. This estate partakes both of the incidents to an estate-tail, and those of an estate for life.

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7. Tenancy by the curtesy of England is where a man's wife is seised of an estate of inheritance; and he by her has issue, born alive, which was capable of inheriting her estate in which case, he shall, upon her death, hold the tenements for his own life, as tenant by the curtesy

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8. Tenancy in dower is where a woman's husband is seised of an estate of inheritance, of which her issue might by any possibility have been heir; and the husband dies: the women is hereupon entitled to dower, or one third part of the lands and tenements, to hold for her natural life

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9. Dower is either by the common law; by special custom; ad ostium ecclesiæ; or, ex assensu patris

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10. Dower may be forfeited, or barred; particularly by an estate in jointure

136

CHAPTER IX.

OF ESTATES LESS THAN FREEHOLD.

1. ESTATES less than freehold are, I. Estates for years. II. Estates at will. III. Estates at sufferance

140-150

2. An estate for years is where a man, seised of lands and tenements, letteth them to another for a certain period of time, which transfers the interest of the term; and the lessee enters thereon, which gives him possession of the term, but not legal seisin of the land

140

3. Incident to this estate are estovers; and also emblements, if it determines before the full end of the term .

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4. An estate at will is where lands are let by one man to another, to hold at the will of both parties; and the lessee enters

thereon

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5. Copyholds are estates held at the will of the lord, (regulated) according to the custom of the manor

147

6. An estate at sufferance is where one comes into possession

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