To pass THE INTEREST, as in case of grants, singly by deed. Thus far of the nature of deeds in reference to the acquest of lands. But there are besides this, in relation to deeds passing lands, several parts that usually occur in deeds, and which take up large titles, viz. The PARTIES, and therein their names, and names of purchase; as grantor, grantee, feoffor, feoffee. The PREMISES of the deed; containing, FFFECTUAL WORDS to pass the interest, as grant, enfeoff, &c. The thing granted, which takes in the whole title of comprize, and nient comprize, viz. By what names things pass: What things are COMPRIZED within the grant, viz. Things PARCEL. Things INCIDENT, APPENDANT, APPURTENANT, &c. The HABENDUM of the deed, WHICH LIMITS THE ESTATE; and what words are apt for this. The RESERVATION or REDDENDUM; and what shall be said a good reservation. The COVENANTS; which are of two kinds : Covenants PERSONAL, and their exposition. What shall pass with the land, and what not; Covenants REAL, which is warranty. And here of that learning; as, What their KINDS; General, Special, Collateral. What their EFFECTS: By way of ACTION, VOUCHER, WARRANTIA CHAR TE. By way of BAR, or rebutter. The CONDITION or DEFEASANCE. And here all the learning of conditions and limitations: and incident to this learning of deeds falls in those two great titles, viz. MONSTRANS DE FAITS, or where deeds are necessary to be pleaded or shewn. EXPOSITION DE FAITS; which is full of infinite variety, according to the texture of deeds, and their several clauses. SECT. XXXVI. Of conveyances by force of statutes. AND thus far of conveyances according to the course of the common law and now I proceed to conveyances, according unto, or by force, or power, OF ACTS OF PARLIAMENT. Conveyances according to, or by virtue of acts of parliament, are of two kinds, viz. By way of BARGAIN AND SALE, according to the stat. 27 H.8. By way of Use. And this latter is either, With transmutation of possession; as, By feoffment or fine. Without transmutation of possession; By covenant to stand seised. And this is a large field, for all the learning of USES comes in here; as, Of CONSIDERATIONS Sufficient to raise it CONTINGENT USES, &c. How destroyed; How revived. By way of devise. And here all that voluminous title of devises, and the in cidents thereto, may be introduced. SECT. XXXVIL Concerning CUSTOMARY estates. THUS far of estates at common law; we come now to customary estates, viz. tenant by VIRGE, or by copy of court-roll. And because this is a SPECIAL kind of customary estate, and I shall not have again to do with it, I shall shortly consider these two things, viz. The nature or kinds of estates grantable thereof. The incidents relative thereunto. Touching the nature of estates grantable, THE CUSTOM DI RECTS IT. For by custom it is grantable, In fee-simple; In fee-tail and here of the entailing copyholds, where : it may be, and how barred. For life or lives. Touching the incidents relative to copyholds, they consist either in, Modes of acquiring: or, Manner of transferring. Touching the transferring the interest of the copyholder, it is done, By hereditary descent: and here of what effect or use the heir's admission is. By surrender which is either, Out of court, into the hands of the lord, the steward, or customary tenants,-when warranted by the custom. And the effect of such surrender; where, when, and how it must be presented. The learning concerning copyholds is grown very large, and takes in very many particulars: For instance, Who is lord to make a grant or admittance: what a DOMINUS PRO TEMPORE, or a disseisor, may do therein. Who is a steward to perform the service, and his power therein. What shall be said a copyhold manor, or a copyhold court, to enable such grants. What shall be said a forfeiture of a copyhold estate: By waste, By alienation ; By refusal to perform services. What shall be a dispensation with it. Besides which, there are very many more considerables will fall under the title of customary estates, or copyholds. SECT. XXXVIII. Of translation of property BY FORFEITURE. I NOW come to those translations of estates which happen BY DEFAULT of the tenant in fee-simple, viz. such as are forfeitures of his estate, And these are of several kinds : Forfeiture BY ATTAINDER; either, Of TREASON-which gives the land to the king by the com- OfFELONY; whereby it escheats to the lord ; whereof before, Forfeiture by purchase in mortmain WITHOUT LICENCE, whereby it goes to the lord. Forfeiture by CESSING from doing his services PER BIENNIUM. And here comes in the learning of cessions. Forfeiture by alienation CONTRA FORMAM COLLATIONIS. SECT. XXXIX. OF WRONGS OR INJURIES. And first, of wrongs to persons. I COME now from the consideration of rights or JURA, to consider of wrongs or INJURIÆ; wherein I shall take this order, viz. First, I shall pursue the several natures of injuries, as they are severally applicable to those things, which are the subjects whereto the several rights aforesaid are adherent. Secondly, because it will be a shorter and plainer way to mention the several natures of the remedies applicable to the several kinds of injuries, or wrongs, I shall mention THOSE ACTIONS that are applicable to the several injuries, together with the injuries themselves; leaving the farther explication of the manner of application of those remedies unto the third and proper head, concerning RELIEFS or REMEDIES. As to injuries or wrongs, they are of two kinds, viz. Such as are of ecclesiastical conuzance. Such as are of temporal conuzance. Such as are of ecclesiastical conuzance are either, Civil. The wrongs CRIMINAL of ecclesiastical conuzance, are such as are PUBLIC scandals and offences, wherein the judge ecclesiastical proceeds, either, At the prosecution of some person: or, EX OFFICIO, & PRO SALUTE ANIMÆ; as, In cases of adultery, fornication, incest, profanation of sacred things or times, (or places,) blasphemy, heresy, and divers others. Wrongs CIVIL of ecclesiastical conuzance are of these kinds, viz. DEFAMATION in some particulars. TITHES, their right, substraction, &c. As also oblations, mortuaries, pensions. |