A Treatise of Tenures

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: and fitters children indefinitely, without diftinction of bloods; and the fpiritual courts had never diftinguifhed the bloods, becaufe the canon law, where the degrees of proximity were fettled in relation to marriages, had made no fuch diftmction. For want of brothers and fitters, arid their children,...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: and fitters children indefinitely, without diftinction of bloods; and the fpiritual courts had never diftinguifhed the bloods, becaufe the canon law, where the degrees of proximity were fettled in relation to marriages, had made no fuch diftmction. For want of brothers and fitters, arid their children, next of kin fucceed in capita, according to the afore-mentioned rules of civil law, where the next in degree fucceed both on father's and mother's fide, and excluded the more remote. But in our law the inteftate is confidered as the original proprietor in whom the eftate is vetted. So no diftinction is taken between things coming from the father's or mother's fide. The feudal fucceffion came in in this manner: the lords gave lands to fuch perfons as behaved themfelves well in the war, for their lives only: fometimes they alfo married their daughters to them. Then by their feudal donations, they limited the lands to go not only to the feudary hirri- felf, but alfo to the iffue of that marriage; and this brought in the notion of Dtinde Jlatutum eft tit ufque ad vltam fidtlis priduceretur. Feud. lib. i. tit. I. Pojha vtra eo vmtian eft, ut ad recipients vitam perduraret. Hanneton de iure feud. 139. fuccefiion fucccffion among the northern nations that invaded the Roman empire. The lands therefore in the elder times went to the immediate defcendants of fuch marriage, and originally to none elfe: and firft they went to males, as the moft worthy ofLul'II4t blood, and moft capable of doing the fer- ]]' 7 vices annexed to fuch donations; .for want of males it went to females, as defcendants of the fame marriage. - The feud was united in the eldeft male, becaufe he was obliged to do the duty in the wars; and for every knight's fee, was to go out forty days with his lo...