Selected quad for the lemma: father_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
father_n	die_v	issue_n	son_n	13,628	5	5.9273	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A22780	Institutions in the lawes of Englande cum priuilegio.		1538 (1538)	STC 9290; ESTC S108752	28,451	110

is he that hath landes or tenementes whether it be by purchase or by discente to hym and to his heyres for euer For if a man wil purchase landes in fee simple he must nedes haue these wordes his heyres in his purchase for these only wordes to make an estate of inheritaunce Therfore yf landꝭ be gyuen to a mā for euer and no mencyon be made of his heyres he hath an estate but for terme of his lyfe bycause these wordes his heyres do lacke Yet neuertheles yf a man by his testamente dothe deuyse landes to an other in suche place where the custome wyll serue so to do though he maketh no mencyon of heyres but sayth that he bequetheth to suche a parsone such landes to haue and to holde to hym and to his assignes for euermore here a state of inheritaunce doth passe for ī testamentꝭ the wyl and intent of the testatour is to be pondred and not the prescripte wordes of the lawe Also these termes in the lawe franke mariage franke almoyne do include in them wordes of inherytaunce And therfore yf I gyue landes to a mā with my doughter in franke maryage without further addicyon of heyres this is an estate of inheritaunce as we shall hereafter declare more copyously In lykewyse it is of landes gyuen to an house of religion in pure and franke almes Moreouer yf landes be giuen to a man and to his blodeor to hym and to his seed he hathin both cases a state of inheritaūce in the one a fee taile and in thother a fee simple For this worde seed and blode and suche lyke do imply wordes of inheritaunce But nowe it is to be sene who be sayd mannes he yres in the lawe Ye shall therfore knowe that my brother or syster by the halfe blode that is to wyte by the fathers syde and not by the mothers or cōtrary wyse by the mothers and not by the fathers shal neuer be myne heyre nor none that come of them Neyther my bastarde can be myne heyre nor myne owne naturall father ne mother nor grandfather ne grandmother can be myne heyre For it is a princyple and ground in the lawe that inheritaunce maye linially descende but ascend it may not And therfore yf I haue landes in fee simple and dye without issue of my bodye my father can not be myn heire but my fathers brother or syster shal and than yf my vncle or aunte dye seased without issue my father shall haue the landes as heyre to myn vncle or to myn aunt but heyre to me he can not be But it may go from me to mine vncle or aunte well ynough for that is not called a lyniall ascensyon but a collaterall And ye shall note that by the cōmon lawe of this realme my eldest sone shall haue thole inheritaunce and after hym yf he hath no issue the seconde sone and so forthe And yf I haue no sones but doughters than shall all the doughters togyther inherite yf I haue no issue at all neyther sones ne doughters than shal my eldest brother succede me but yf I haue no brother than my systers yf I haue any yf not my vncle by my fathers syde yf the landes be of myne owne purchase And to be short if ther be none aliue of my fathers syde it shal go to my mothers syde and yf there can be found no heyre neyther by fathers syde ne yet by mothers so shal it reuerte eschere as they call it to the lorde of whome it was holden for euery lande muste 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 shal descende onely to my heyres of my mothers syde neuer to myne heyres of my fathers syde As on the contrary syde yf I haue landes by discent from my father or his bloode they shall neuer descende to my heyres by my mothers syde Thus ye se a greate difference in this behalfe bytwene purchased landes and landes which descende from my anucestour Yf there be thre sones and the myddell sone purchaseth landes dye wtout issue theldest shall haue the landes and not the yongest Also it is a principle in our lawe that none can be myne heyre of landes that I hold in fee simple onles he be myne heyre by the hole bloode for yf a man hath issue two or thre sones by sondry wyues and theldest purchase the landes in fee and dyeth without issue his halfe brethren shall not haue the lande but it shall go to his vncle Lykewyse yf a man hath by his fyrst wyfe a sone and a doughter and by his seconde wyfe an other sone and the sone by the fyrste wyfe purchaseth landes in fee and dyeth without issue the syster shall haue the landes by discent as heyre to her brother and not to the yonger brother Otherwyse it is of landes entayled as shall be hereafter specifyed Also yf a man be seised of landes in fee simple and hath issue a sone and doughter by one wyfe a sone by another and dyeth and theldest sone entreth ī to the landes and after dyeth without issue the doughter shall haue the landes and not the yongest sone yet the yongest sone is heyre to his father but he is not so to his brother But yf in this case theldest sone had not entred after the deth of his father but had died before any entre made by hym thā shall not the syster germayne entre but the yonger brother as heyre to his father bicause theldest brother was neuer in actuall possessyon which is requisyte to that persone that claymeth to be heyre collaterally But to the lyniall heyres it suffyseth that the auncestout shold haue ben heyre yf he had lyued I meane as thus A man is seased of landes and hath issue a sone and doughter by one wyfe and a sone by another he dyeth theldest sone entreth not but dieth without issue before he can make any actuall entree his syster shall not haue the landes as heire to her brother bicause her brother was neuer actually possessed but the yonger brother shal haue them as heyre to his father Yet yf theldest sone in that case had lefte behynd him issue of his body whether it had bene sone or doughter this issue notwithstandynge that the father was neuer possessed eyther actualy or in the lawe shal haue the landes and shal conuey his discent from his father for the sone or doughter is linial heyre where as the brother syster vncle aunte c. be heyres collateral and so obserue a dyuersitie I call an actuall possessyon whan a man entreth in dede in to landes to hym descended but a possessyon in lawe is called whan landes be descended to a persone and he hath not yet really and actually entred into them For notwithstandynge that he is not in actuall possessyon yet he is possessed in the lawe that is to saye in the

entre in to the landes thus descended vnto them nowe they be called perceners or coheyres by a wryt called Dep ꝑticione facienda brought by one of them agaynst the others they shall be constrayned by the lawe to suffre an egall ꝑticion to be made of the landes bytwene them Nowe particion maye be made in sundrye wayes One waye is whā they them selue do make ꝑticiō bitwene thē of those heritage and do agree vnto the same and entre euery one in to her parte so alotted vnto her An other is whan by all theyr agrement and consent one cōmon frende do make the particion In whiche case the eldest syster shall haue the first election and after her the seconde syster and so forth but if they agree that the eldest syster shal make the particion she maketh it than the eldest shall not chuse first but shall suffre all her other sisters to chose before as it is thought There is also an other forme of ꝑticion whiche is egally to deuyde the landes in to so many partes as there be coheyres or ꝑceners and to wryte euery parte so deuyded in a seueral scroull of paper to put the sayd scroulles in to a bonet or to enclose them seuerally in balles of waxe and than th eldest syster to chuse which ball she wyl or to put her hand in to the bonet to take a scroull to holde her to her chaūce and allotment so consequently euery syster after other And ye shall note that particion by agrement may as well be made by nude and bare wordes without wrytynge as by wrytynge That yf any of the perceners wyl not suffre any particion to be made than may thother that wolde haue peaticyon purchase a wryt called De particione facienda agaynst thē that refuse particion to compel the same to suffre particion to be made accordyngly and thā by the iudgemēt of the courte the sheryfe by the serement of twelue men shal make particion bytwene them and shall assigne to eche sister her porcion as he shall thynke good wtout gyuyng any election to theldest And yf two maners or meeses descend to two systers and the maners be not of egal value than may she to whom the lesse maner is allotted haue assigned vnto her a rente proporcyonably out of the others maner Finally ye shal vnderstande that yf a man be seased of landes in fee simple and hath issue two doughters and gyueth with one of his doughters to an other men the third or fourth parte of his land ī franke maryage and dyeth if in this case the doughter that is in this wyse auaunced wyll haue her porcion of her fathers heritage she must put her lande gyuen vnto her ī franke mariage in hochepot newe againe I meane she muste be contented to suffre her sayd landes to be cōmixt and mēgled with the other landes of whiche her father dyed seased in fee so that an equall diuision maye be made of the hole or elles she shal haue no ꝑte of those landꝭ of whiche her father dyed seased but yf her father had made vnto her but a cōmon gyft in tayle or a feffement in fee she shold not nede to put her landes in hochepot but maye retayne them styll and also haue as good a ꝑte of the rest of the landes of whych her father dyed seased as her other sister or sisters For a gyfte ī franke maryage is acompted the mooste free or moost liberall gyfte that can be and that whiche the law iudggeth to be onelye for the aduaūcement and bestowyng of the doughter where as feffementꝭ in fee and also cōmon gyftes in tayle be acustomably for other causes and for the aduauntage rather of the gyuour or seffour ¶ Of condicions ¶ Forasmoche as euery estate is eyther pure or condcional it were not amysse somwhat to make a declaracyon of the nature and efficacye of condicions Wherefore ye shal vnderstand that of cōdicions some be actuall condicions called condicions in dede and other some be cōdicyons in lawe Condicyons in dede be suche as by annexed by expresse wordes to the feffement lees or graunt eyther in wrytynge or without as yf I infeffe a man in certayne landes reseruinge to me and to myne heyres so moche rent yerely to be payde at suche a feest and for defaute of payment that it shall be lawfull for me to reentre this is a feffement vpon condicyon of payment For the not payment of the rente shall dissolue the feffement Semblably it is of gyftes in tayle leeses c. But yf the condicion be that for defaulte of paiment of the rent it shal be lawful for the feffour to entre agayne in to the landes and to holde them tyl he be satisfyed of the rent this condicyon not performed doth not dissolue the feffement but oneli gyueth to the feffour an authoritie to reteine the landes as it were by way of distresse tyl he hath leuyed the arreragyes of the rent And ye shall obserue that condicyons be somtyme made to be performed on the feffees behalfe and somtyme on the feffours behalfe On the feffees behalfe as whan I infeffe you of landes vpon condiciō that ye shall do suche an acte as to pay vnto me or to myn heyres such annuall rent On the feffours behalfe as whā I make a fessement vnto you vpon condicion that yf I pay or cause to be payde vnto you before suche a day suche a somme of money than it shall be lawfull for me to entre agayne and reteyn my landes in my former estate In this case ye that be the feffee are called tenaunte in morgage which is as moche to say as a deed gage and it semeth that the cause why it is so called is forasmoche as it is doubtful whether the feffour wyll pay at the day prescrybed suche somme of money for the redemptiō of his landes or no for yf he do not his title or interesse in the landes thus gaged is vtterly extincte without all hope of reuyuynge Ye shall note that yf the morgageour dyeth before the daye of payment his heire may redeme the land very wel euen as wel as his aūcestour that morgaged the lande myght haue done althoughe there be no mencion made of heyres in the wrytynge And yf whan the money is lawfully by the morgageour or his heire profered and the feffee refuseth to receyue the same the feffour or his heyre may entre and than hath the feffee no remedye for his monye at the cōmon lawe Ye shall vnderstande also that some cōdicyons be vtterly voyde in the lawe and of none effycacye as if a feffement be made of landes in fee vpon condicion that the feffee shall not aliene this same to none other this condicion I saye is voyde bycause the feffee is restrayned of his hole power that the lawe giueth in suche case vnto hym and whiche power and libertye is in maner included in euery feffemente yet I may