¶Tenaunte by the curtesye.
¶Tenaunt by the curtesye of Eng¦lande, is he yt hath maryed a wyfe
Institutions in the lawes of Englande cum priuilegio.
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- Title
- Institutions in the lawes of Englande cum priuilegio.
- Publication
- [London :: J. Byddell,
- 1538?]
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- Subject terms
- Land tenure -- Law and legislation -- Great Britain -- Early works to 1800.
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http://name.umdl.umich.edu/A22780.0001.001
- Cite this Item
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"Institutions in the lawes of Englande cum priuilegio." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A22780.0001.001. University of Michigan Library Digital Collections. Accessed May 29, 2025.
Pages
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••herited, and hath had issue by her, & she deed / in this case the lawe of Englande permytteth hym to re∣teyne al his wyues landes that she had, eyther ī fee simple, or fee tayle so longe as he lyueth: And this is by the curteysye of Englande / for this thynge is vsed in none other. region.
But in this case it is requyred that the chylde ve vitall / that is to say, be borne and brought forth in to this worlde alyue / and therfore the cōmon sayenge hath ben, that onlesse the chylde be herde crye, the father shall not be tenaunte by the curtesye / for thonely proue and ar∣gument of lyfe in an infaunt newe borne, is the vagite and cryenge.
Ye shall vnderstande that onlesse the husband be in actual possession of his wyues landes, and seased of
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them in her ryghte, he shall not be tenaunt by curtesye after her deth. And therfore yf landes descende to a mans wyfe, so that she is tenaūt in the lawe, and to euery mans ac∣cion, yet yf the husbande haue not made an actuall entree duryng the couerture, he shall not be tenaunte by the curtesye, for it shall be repu∣ted his foly and negligence, that he wolde not entre in her lyfe.
Otherwyse it is of aduousons rentes, and suche other thynges, whiche forthwith whan they dis∣cende be in a man without any en∣tre or further ceremonye
Note that if tenaunt by the cur∣tesye wyl suffre or make any wast in the landes or tenemētes that he so holdeth / he is punyshable ther∣fore by action of waste.
Also it is to be knowen, that of
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thinges that be in suspence, a man shall not be tenaūt by the curtesye / & therfore yf a man be the tenaūt in fee simple of certayne lande, & doth entremary wt a woman yt is ye seig∣noresse or lady of the same, & hath issue by her, & she dyeth yet he shall not be tenaunt by ye curtesye of the lordshyp or seignory, bycause hym selfe is tenaunt of the lande, & ther∣fore the lordeshyp is suspended for the tyme / for a man can not be both lorde and tenaunte of one thynge / but yf he had not ben tenaunt of the lande, he shold haue had ye lordshyp after the deth of his wyfe by ye cur∣tesye of Englande very well.