Gl-0 



L A W. 



Law 



Incorporeal 

 heredita- 

 ments ; 

 namely, 



Tithes, 



foundation, and the slniclure thereupon : so that if I 

 convoy the land or ground, the structure or building 

 passes therewith. Land lias also, in its legal significa- 

 tion, an indefinite extent upwards as well as down- 

 wards. Cujiis est so/urn, ejus at usque ad ccelum. 



4. Incorporeal hereditaments are collateral to, and is- 

 sue out of things corporeal ; such as advowsons, tithes, 

 commons, ways, offices, dignities, franchises, corodies, 

 annuities, rents, &c. These we shall briefly consider, 

 and then return to corporeal hereditaments. 



Advowsons, 5. Advoiasans. An advowson is the right of presen- 

 tation to a church ; and he who has such right is call- 

 ed the patron of that particular church. If annexed to, 

 or in possession of the manor from whence it sprung, 

 it is called appendant, and will pass with the manor, 

 but if once separated, it becomes an advowson ingress, 

 or at large, and is also .either prescntntive, where the 

 patron lias the presentation ; or collative, where the bi- 

 shop and patron are one and the same person ; or dona- 

 live, where the king, or subject by his licence, founds a 

 church or chapel, and ordains that it shall be solely in 

 the gift of the patron. 



6. Tithes are the tenth part of the increase of the 

 profits of land and stock, given as a remuneration to the 

 ministers of the gospel. They are predial, when of 

 corn, grass, hops, and wood ; mixed, as of wool, milk, 

 pigs, &c. ; personal, as of manual occupations, trades, 

 fisheries, and the like. Animals that are ferce naturce 

 are not tithable. 



No composition for tithes made since the 1 3th Eliz. 

 c. 10. is good for any longer term than three lives, or 

 twenty-one years. Land may be either wholly or par- 

 tially discharged of tithes by custom, and such custom 

 is either de niodo decimandi, or de non decimando. A 

 modus decimandi, is the taking of tithes in any other 

 way than in kind ; but this must be certain, invariable, 

 and beneficial to the parson. A modus for one spe- 

 cies of tithes will not discharge the payment of ano- 

 ther. If a modus is so rank and large, that it could 

 not have been made before or in the time of Richard I. 

 it is bad. 



A prescription de non decimando, is a claim to be en- 

 tirely discharged of tithes, and is personally confined 

 to the king and clergy. 



7. Commons Common of pasture is the right of feed- 

 ing cattle on another's land, the property in the soil 

 or common land being in the lord. Such common may 

 be without stint as to number and time. Common of 

 piscary is the liberty of fishing. Common of turbary is 

 the right of carrying away the soil. Common of esto- 

 vers is the liberty of taking necessary wood for the use 

 or furniture of a house or farm. A tenant may take 

 reasonable botes or estovers, unless restrained by co- 

 venant. 



8. A right of nay may either be enjoyed solely, or by 

 any number of persons, is held by immediate grant or 

 prescription, and may also be given by implication ; as 

 where I purchase a piece of ground of a man situate in 

 the midst of his land, and at the same time acquire a 

 right to pass over, or make a way through his land to 

 that which I have so purchased. 



9- Offices. A man may have a right to exercise a 

 public or private employment. 



10. Dignities. A. man may have a property or es- 

 tate therein. 



1 1. Franchises are a royal privilege subsisting in the 

 hands of a subject : as to hold court leet, manor, or 

 lordship ; to have waifs, wrecks, &c. 



Commons, 



Right of 

 way, 



Offices, 



Dignities, 

 Franchises, 



12. Corodies are a right of sustenance charged upon Law 

 any particular person or estate. . of Englam 



13. Annuitie ,1 are certain yearly sums chargeable on- S """"Y~" 

 ly upon the person of the gran ter, the securhyfor which ^"uhies 

 may be merely personal. A rent charge is a burthen 

 imposed upon, and issuing out of lands. 



14. Rent service has corporeal service incident to it. nd Renti. 

 Rent charge is where the owner of the rent has no fu- 



ture interest or reversion expectant in the land. Qiiit- 

 rent (quicti reditus) is an ancient invariable sum aris- 

 ing out of copyhold lands. Rack rent is where an he- 

 reditament is let at its full value. We return to corpo- 

 real hereditaments. 



15. And first of tenures, or the different sorts of hold- Tenures, 

 ings. The feodal constitution, although nearly in sub- 

 stance abolished by 12. Car. II. c. 24, still in a great 

 measure regulates the forms by which landed pro- 

 perty is transmitted. Free socage is a tenure by any 



free, certain, and determinable service. This tenure is 

 a relic of the Saxon liberty ; includes petit serjean/ry, 

 which is holding lands of the king, by rendering him 

 annually some small implement of war. 



16. Tenure in burgage, is where the king or other Tenure in- 

 person is lord of an ancient borough, in which the te- burgage, 

 nements are held by rent certain. The youngest son 

 succeeds to the burgage tenements upon the death of 



the father. 



1 7- In gavel-lind tenure, the tenant is of age suffi- in gavel- 

 cient to alien his estate by feoffment at the age of fif- kind, 

 teen years. The estate does not escheat in case of an 

 attainder and execution for felony. The lands descend 

 to all the sons equally. 



1 8. Pure villenage was a precarious "and slavish te- In pure 

 nure, at the absolute will of the lord, upon uncertain ser- villenage. 

 vices : from hence by general consent or encroach- 

 ment have arisen modern copyholds, or tenure by co- 

 py of court roll ; in which lands may be still held at the 

 nominal tvill of the lord, regulated by the custom of the 

 manor. These are subject, like socage lands, to servi. 



ces, relief, and escheat, and also to heriots, wardships, 

 and fines upon descent and alienation.- 



19. Privileged villenage, or villein socage, is an ex- j n pnvi- 

 alted species of copyhold ttnure, upon base but certain leped ville- 

 services ; subsisting only in the ancient demesnes of nage. 

 the crown, whence the tenure is denominated the te- 

 nure in ancient demesne. Copyholds of ancient demesnes 



have divers immunities annexed to their tenure, as they 

 cannot pass by any common law conveyances but mere- 

 ly by surrender, and are held by copy of court-roll ac- 

 cording to the custom of the manor, though not at the 

 will of the lord. The attempt to alienate such lands in 

 any other way than through the hands of the lord, in- 

 curs a forfeiture. 



20. Frank-almoign is a tenure by spiritual services, An( j Frank 

 whereby many ecclesiastical and eleemosynary corpo- almoigr.. 

 rations now hold their lands and tenements. 



21. Next of the different sorts of estates. An 'estate Estates. ^ 

 of freehold, liber urn tenementum, is the actual possession 



of the soil or land, created by livery of seisin in common 

 law ; and then the occupier is said to be seised in his 

 demesne, as of fee. Freeholds are either of inheritance Estates of 

 or for life only, and the fee or right is either absolute or freehold, of 

 limited. Tenant in fee simple absolute, is he that has 1D 

 lands, tenements, or hereditaments, to hold to him and 

 his heirs for ever. An estate in fee, qualified or base, 

 is an estate to the holder of it and his heirs till a certain 

 event happen, or to be defeated if such an event occur. 



22. All tenements, may be entailed. The word tene- Estates tai!. 



