Law, Book 2 · Chapter 4 – Chapter 5
CHAP. 4.
Of Land.
HEreditaments, or tenements, or bare hereditaments.
A tenement is a poſſeſſion holden, the fee ſimple wherof, when he that hath it dieth without heire, commeth to the Lord.Litt. 2.
Which is called an eſcheate. As if Land diſcend from the father, and he die without an heire of the part of the father. Or a Baſtard 39. aſſ pl. 7.purchaſe land, and die without Iſſue.
Of this ſort are lands and Adnowſons.
Land is a tenement or manuell occupation.
For if the tenant of twentie acres of land 21. H. 7. 39.before Quia emptores terrarum, make a feofment of one of the acres, to hold of him by vj. d. and dieth without heire; the Lord ſhal hauehave a Writ of Eſcheate, ſuppoſing that he held of him xjx. acres, and vj. pence rent, yet indeed he held not the rent but the land: And in his count he ſhal declare al the ſpeciall matter. So in a Writ of Ward of the heire of the meſne; the Writ ſhall ſuppoſe the rent to be holden, and declare ſpecially. Or hee may hauehave a generall Writ of the F. N. B. 139 c.land, or a ſpeciall Writ, becauſe the Meſne held the land vnde redditus ille prouenit. All which proueth, that indeed not the ſeigniorie, but the land is holden. Therefore of land rent &c. the pleading is, he was ſeiſed of his demeſne as of fee. But an aduowſon lieth not in manuell occupation: therefore Lit. 3.the pleading there, is, He was ſeiſed in fee, without ſaying in demeſne.
VnderUnder the name of land are comprehended not only gardens, medowes, paſtures, woods, riuers, &c. but alſo meſſuages, tofts, mills, Caſtles, and ſuch like.
For in a Praecipe quod reddat of a meſſuage, the warrant of Attornie, is quod talis Po…lo ſuo (i.) poſuit loco ſuo I. S. in placits terrae.
Churches and Church-yards belong to 11. H. 4. 12.the Incumbent.
For things annexed to the Church or Glebe: as trees or graſſe growing there, are the Parſons; and hee ſhall hauehave an Action for them, and for entrie into the Church-yard or Glebe. And if he be eiected out of 38. H. 6. 2….his Church, and another take the profits, he may hauehave an aſſiſe of the Rectorie, Church yard, and Glebe: for it is his Freehold.
Preſcription here is of no force. For it maketh no right in land, but in rent or profit Doct. Stud. 16.out of land.
Prerogatiue.
All land is holden of the King immedidiately, or by meanes: himſelfe hauing not 50. Aſſ. pl. 1. 18 El. Ploy. 498.any higher vponupon earth, of whom to hold.
Eſcheates of all cities appertaine vntounto 8 E. 3. Eſcheat 12. 8. El. Ploy. 314.the King All mines of gold and ſiluer or wherin the gold and ſiluer is of the greater value, are the Kings.
Among coparceners the eldeſt vponupon partition 14. H. 3. ſtat. Hib. doth ſo recite it.ſhall hauehave the chiefe houſe.
Seiſin deliuered of land, we cal it liuerie of ſeiſin; & the making of the eſtate wee call a feoffement, alwaies paſſeth a Free Lit. 137.hold, though he be but Tenant for yeares, at will, or ſufferance, that maketh it. And 4. E 6. Ploy 25. Lit. 12.otherwiſe a free hold of land cannot paſſe ſaue by releaſe (a)Lit. 109.& confirmation, (b)Lit. 121.where they were by way of inlarging an eſtate. As a leaſe for yeares, and afterwards releaſe or confirme to the Leſſee, to hauehave and to hold to him for life, or to him & the heires of his bodie, or to him and to his heirs, &c. for a feoſſement with liuerie made by one to his Tenant (c)22. H 6 43.at will, or (d)22. E. 4. 38.for yeares, is void, except it be by Deede, and then it ſhall inure by way of confirmation.
Exchanges, (e)Lit. 13.indowments, (f)Br. Dower 7.& ſurrenders.(g)44. Aſſ pl. 3.
Liuerie within the view, ſo we call An eſtate made within view of the land, bee it by deliuerie of a Deed of feoffment within 38. E. 3. 11.the view, or otherwiſe, is a good Liuerie of ſeiſin, if the other enter in the feoffors life time: elſe the land diſcendeth to the heire of 2. H. 8. Br. feoff. …0the feoffor, and the feoffment ſhall neuer effect.
CHAP. 5.
Of Aduowſons.
ADuowſon is the intereſt of preſenting 15. H 7. 8.to a Church.
And this alſo lieth in tenure. For a common perſon may giuegive it to hold of him. And the Writ of Right of Aduowſon is, Quod clamat tenere de te.