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<p>21 July 1804.</p> | |||
' | <p>Tithes are not to be<lb/> | ||
paid ... for creatures ...<lb/> | |||
feræ naturæ, whose increase,<lb/> | |||
so as to profit<lb/> | |||
the owner, is not annual,<lb/> | |||
but casual. II 24</p> | |||
<p>Immemorial usage<lb/> | |||
is binding upon all parties,<lb/> | |||
as it is in its nature<lb/> | |||
an evidence of universal<lb/> | |||
consent & acquiescence.<lb/> | |||
II 29</p> | |||
<p>Time of memory hath<lb/> | |||
<add>been</add> long ago <del>been</del> ascertained by<lb/> | |||
the law to commence<lb/> | |||
from the reign of Richard<lb/> | |||
the first; and any custom<lb/> | |||
may be destroyed by evidence<lb/> | |||
of its non-existence<lb/> | |||
in any part of the<lb/> | |||
long period from his days<lb/> | |||
to the present. II 31.</p> | |||
<p>A ... <hi rend="underline">modus</hi> ... so rank<lb/> | |||
& large, as that it beyond<lb/> | |||
dispute exceeds the<lb/> | |||
value of the tithes in the<lb/> | |||
reign of Richard the first<lb/> | |||
... is <hi rend="underline">felo de se</hi> and<lb/> | |||
destroys itself. II 31.</p> | |||
<p>Right of common<lb/> | |||
appears from its very<lb/> | |||
definition to be an incorporeal<lb/> | |||
hereditament;<lb/> | |||
being a profit which<lb/> | |||
a man hath in the<lb/> | |||
land of another. II 32.</p> | |||
<p>When the law doth give<lb/> | |||
anything to one, it<lb/> | |||
giveth impliedly whatsoever<lb/> | |||
is necessary for<lb/> | |||
enjoying the same. II 36.</p> | |||
<p>A rent ... reserved out<lb/> | |||
of an advowson, a common,<lb/> | |||
an office, a franchise, or<lb/> | |||
the like, ... is no legal rent<lb/> | |||
in contemplation of law.</p> | |||
<pb/> | |||
<p>In consequence of this<lb/> | |||
change (the surrendering<lb/> | |||
up all the free lands<lb/> | |||
into the king's hands, and<lb/> | |||
his restoring them to the<lb/> | |||
owners again as a feud)<lb/> | |||
it became a fundamental<lb/> | |||
maxim & necessary<lb/> | |||
principle (though in reality<lb/> | |||
a mere fiction) of our<lb/> | |||
English tenures, that the<lb/> | |||
king is the universal<lb/> | |||
lord & original proprieter<lb/> | |||
of all the lands in the<lb/> | |||
kingdom; & that no man<lb/> | |||
doth or can possess any<lb/> | |||
part of it, but what<lb/> | |||
has mediately or immediately<lb/> | |||
been derived as a<lb/> | |||
gift from him, to be<lb/> | |||
held upon feudal<lb/> | |||
services. II 51.</p> | |||
<p>Almost all the real<lb/> | |||
property of this kingdom<lb/> | |||
is by the policy of ones<lb/> | |||
laws, supposed to be<lb/> | |||
granted by, dependent<lb/> | |||
upon, and holden of some<lb/> | |||
superior or lord, by &<lb/> | |||
in consideration of certain<lb/> | |||
services to be rendered<lb/> | |||
to the lord by the tenant<lb/> | |||
or possessor of this<lb/> | |||
property. II 59</p> | |||
<p>All the land in the<lb/> | |||
kingdom is supposed<lb/> | |||
to be holden mediately<lb/> | |||
or immediately of the<lb/> | |||
king. II 59</p> | |||
<p>The last consequence<lb/> | |||
of tenure in chivalry<lb/> | |||
was escheat; which is<lb/> | |||
the determination of<lb/> | |||
the tenure, or dissolution<lb/> | |||
of the mutual bond<lb/> | |||
between the lord and<lb/> | |||
tenant, from the extinction<lb/> | |||
of the blood of the latter<lb/> | |||
by either natural or<lb/> | |||
civil means, if he died<lb/> | |||
without heirs of his blood,<lb/> | |||
or if his blood was<lb/> | |||
corrupted & stained by</p> | |||
<pb/> | |||
<p>commission of treason<lb/> | |||
or felony; whereby every<lb/> | |||
inheritable quality<lb/> | |||
was entirely blotted<lb/> | |||
out & abolished. II 72.</p> | |||
<p>The law of England<lb/> | |||
... is a law of liberty.<lb/> | |||
II 98</p> | |||
<p>Accordingly it is laid<lb/> | |||
down by Littleton, that<lb/> | |||
where a freehold shall<lb/> | |||
pass it behoveth to<lb/> | |||
have livery of seisin.<lb/> | |||
As therefore estates <del>by</del><lb/> | |||
of inheritance and<lb/> | |||
estates for life could<lb/> | |||
not by common law<lb/> | |||
be conveyed without<lb/> | |||
livery of seison, these<lb/> | |||
are properly estates of<lb/> | |||
freehold; and, as no other<lb/> | |||
estates were conveyed<lb/> | |||
with the same solemnity<lb/> | |||
therefore no others are<lb/> | |||
properly freehold estates.<lb/> | |||
II 104</p> | |||
<p>The ... allodial property<lb/> | |||
of the soil ... no subject<lb/> | |||
in England <del>has</del>; it<lb/> | |||
being a received, and<lb/> | |||
now undeniable, principle<lb/> | |||
in the law, that<lb/> | |||
all the lands in England<lb/> | |||
are holden mediately<lb/> | |||
or immediately<lb/> | |||
of the king. II 105.</p> | |||
<p>The word, heirs, is necessary<lb/> | |||
in the grant or<lb/> | |||
donation, in order to<lb/> | |||
make a fee, or inheritance.<lb/> | |||
For if land be given to<lb/> | |||
a man for ever, or to<lb/> | |||
him & his assigns for<lb/> | |||
ever, this vests in him<lb/> | |||
but an estate for life.<lb/> | |||
II 107</p> | |||
<p>If ... devise be to a man<lb/> | |||
& his assigns without<lb/> | |||
annexing any words of<lb/> | |||
perpetuity, there the deviwee<lb/> | |||
shall take only an estate<lb/> | |||
for life, for it does not appear<lb/> | |||
that the devisor intended any more. II 108.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
21 July 1804.
Tithes are not to be
paid ... for creatures ...
feræ naturæ, whose increase,
so as to profit
the owner, is not annual,
but casual. II 24
Immemorial usage
is binding upon all parties,
as it is in its nature
an evidence of universal
consent & acquiescence.
II 29
Time of memory hath
been long ago been ascertained by
the law to commence
from the reign of Richard
the first; and any custom
may be destroyed by evidence
of its non-existence
in any part of the
long period from his days
to the present. II 31.
A ... modus ... so rank
& large, as that it beyond
dispute exceeds the
value of the tithes in the
reign of Richard the first
... is felo de se and
destroys itself. II 31.
Right of common
appears from its very
definition to be an incorporeal
hereditament;
being a profit which
a man hath in the
land of another. II 32.
When the law doth give
anything to one, it
giveth impliedly whatsoever
is necessary for
enjoying the same. II 36.
A rent ... reserved out
of an advowson, a common,
an office, a franchise, or
the like, ... is no legal rent
in contemplation of law.
---page break---
In consequence of this
change (the surrendering
up all the free lands
into the king's hands, and
his restoring them to the
owners again as a feud)
it became a fundamental
maxim & necessary
principle (though in reality
a mere fiction) of our
English tenures, that the
king is the universal
lord & original proprieter
of all the lands in the
kingdom; & that no man
doth or can possess any
part of it, but what
has mediately or immediately
been derived as a
gift from him, to be
held upon feudal
services. II 51.
Almost all the real
property of this kingdom
is by the policy of ones
laws, supposed to be
granted by, dependent
upon, and holden of some
superior or lord, by &
in consideration of certain
services to be rendered
to the lord by the tenant
or possessor of this
property. II 59
All the land in the
kingdom is supposed
to be holden mediately
or immediately of the
king. II 59
The last consequence
of tenure in chivalry
was escheat; which is
the determination of
the tenure, or dissolution
of the mutual bond
between the lord and
tenant, from the extinction
of the blood of the latter
by either natural or
civil means, if he died
without heirs of his blood,
or if his blood was
corrupted & stained by
---page break---
commission of treason
or felony; whereby every
inheritable quality
was entirely blotted
out & abolished. II 72.
The law of England
... is a law of liberty.
II 98
Accordingly it is laid
down by Littleton, that
where a freehold shall
pass it behoveth to
have livery of seisin.
As therefore estates by
of inheritance and
estates for life could
not by common law
be conveyed without
livery of seison, these
are properly estates of
freehold; and, as no other
estates were conveyed
with the same solemnity
therefore no others are
properly freehold estates.
II 104
The ... allodial property
of the soil ... no subject
in England has; it
being a received, and
now undeniable, principle
in the law, that
all the lands in England
are holden mediately
or immediately
of the king. II 105.
The word, heirs, is necessary
in the grant or
donation, in order to
make a fee, or inheritance.
For if land be given to
a man for ever, or to
him & his assigns for
ever, this vests in him
but an estate for life.
II 107
If ... devise be to a man
& his assigns without
annexing any words of
perpetuity, there the deviwee
shall take only an estate
for life, for it does not appear
that the devisor intended any more. II 108.
|
Identifier: | JB/097/138/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-07-21 |
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097 |
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138 |
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001 |
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collectanea |
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recto |
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31522 |
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