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CHAPTER III.

OF INCORPOREAL HEREDITAMENTS.

1. INCORPOREAL hereditaments are rights issuing out of things

corporeal, or concerning, or annexed to, or exercisable within,

the same

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2. Incorporeal hereditaments are, I. Advowsons. II. Tithes.

III. Commons. IV. Ways. V. Offices. VI. Dignities. VII.

Franchises. VIII. Corodies or pensions. IX. Annuities. X.

Rents

21-41

3. An advowson is a right of presentation to an ecclesiastical
benefice; either appendant, or in gross. This may be, I. Pre-
sentative. II. Collative. III. Donative

21-23
4. Tithes are the tenth part of the increase yearly arising

from the profits and stock of lands, and the personal industry

of mankind. These, by the ancient and positive law of the land,

are due of common right to the parson, or (by endowment) to

the vicar; unless specially discharged, I. By real composition.

II. By prescription, either de modo decimandi, or de non deci-

mando

24-31

5. Common is a profit which a man hath in the lands of
another; being, I. Common of pasture; which is either appen-
dant, appurtenant, because of vicinage, or in gross. II. Com-
mon of piscary. III. Common of Turbary. IV. Common of
estovers, or botes

32-35

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

36

8. For dignities, which are titles of honour, see Book I.

,

Ch. XII.

9. Franchises are a royal privilege, or branch of the king's

prerogative, subsisting in the hands of a subject

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10. Corodies are allotments for one's sustenance;

which

may

be converted into pensions. (See Book I. Ch. VIII). 40

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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. IIl. Rent-seck

41-2

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

58 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. granted by livery, and perfected by homage and fealty; which usually drew after them suit of court

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

73

This was

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

77

CHAPTER VI.

OF THE MODERN ENGLISH TENURES.

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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 nature

93 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 .

95 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 deinesnes 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 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

101

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CHAPTER VII. OF FREEHOLD ESTATES OF INHERITANCE, 1. Estates in lands, tenements, and hereditaments, are such interest as the tenant hath therein ; to ascertain which, may be

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considered, I. The quantity of interest. II. The time of enjoy-

ment. III. The number and connexions of the tenants.

Page 103-179

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

tion, are either freehold, or less than freehold

104

3. A freehold estate, in lands, is such as is created by livery

of seisin at common law; or, in tenements of an incorporeal na-

ture, by what is equivalent thereto .

104

4. Freehold estates are either estates of inheritance, or not of

inheritance, viz. for life only: and inheritances are, I. Abso-

lute, or fee-simple. II. Limited fees

104

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

hereditaments, to hold to him and his heirs for ever 104

6. Limited fees are, I. Qualified, or base, fees. II. Fees

conditional at the common law

109

7. Qualified, or base, fees are those which, having a qualifi-

cation subjoined thereto, are liable to be defeated when that

qualification is at an end

109

8. Conditional fees, at the common law, were such as were

granted to the donee, and the heirs of his body, in exclusion of

collateral heirs

110

9. These were held to be fees, granted on condition that the
donee had issue of his body; which condition being once per-
formed by the birth of issue, the donee might immediately aliene
the land: but the statute de donis being made to prevent such
alienation, thereupon, from the division of the fee (by construc-
tion of this statute) into a particular estate and a reversion, the
conditional fees began to be called fees-tail

111, 112
10. All tenements real, or savouring of the realty, are subject

to entails

113

11. Estates-tail may be—I. general, or special; II. male, or

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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

assets

115

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

117

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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

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

125 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

126 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

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

132-3 10. Dower may be forfeited, or barred; particularly by an

1 estate in jointure

136

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CHAPTER IX.

OF ESTATES LESS THAN FREEHOLD.

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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

144-5 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

145 5. Copyholds are estates held at the will of the lord, (regu; lated) according to the custom of the manor

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

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