Lyttleton, His Treatise of Tenures in French and English"The ornament of the Common Law." Lyttleton, His Treatise of Tenures, in French and English. A New Edition, Printed From the Most Ancient Copies, And Collated With the Various Readings of the Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde Tenures, And the Customs of Kent. Originally published: London: S. Sweet, 1841. lv, [1], 727 pp. Hardcover. New. With index. Parallel text in Law-French and English. Written during the reign of Edward IV [1442-1483], Littleton's Tenures was much admired for its learning and style. It is concerned with the doctrines of old English Common Law regarding the tenures of real estate as well as issues related to real property. This venerable work, which Coke called "the ornament of the Common Law, and the most perfect and absolute work that ever was written in any humane science," is a considered a landmark because it renounced the principles of Roman law in favor of a set of guidelines and doctrines drawn from the Year Books, and when necessary, hypothetical cases. Sir Thomas Littleton [1402-1481] was a King's Serjeant, Judge of Assize and Justice of the Common Pleas. T.E. Tomlins [1804-1872] was a notable legal writer and antiquarian. His is best known for his Popular-Law Dictionary (1838). (He is confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the prolific legal writer and editor of the later editions of Jacob's Law-Dictionary.) |
From inside the book
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... lease is called lessor , and he to whom the lease is made is called lessee . And every one , that hath estate in any lands or tenements for term of his own life or for term of another qui tient pur terme dautre vie , est appelle tenaunt ...
... lease ' implies this accompanying so- lemnity or its equivalents , or some conveyance carrying the freehold . The incidents to this conventional estate for life are the same as those belonging to legal estates for life ; viz . that this ...
... lease for years , with a reservation of rent , without noticing the crea- tion of terms of years for any other purpose , for they were not known or used in his time . As this estate is but a chattel interest , and was deemed of little ...
... lease , then is he tenant for term of years ; and if the lessor in such case reserve to him a yearly rent upon such lease , he may chuse to distrain for the rent in the tenements letten , or else he may have an action of debt for the ...
... lease , except the lease be made by deed indented , in which case such plea lieth not in the mouth of the lessee to plead ( d ) . the lease was by deed in- dented , when estopped from lessee would be pleading thus . Livery of sei- sin ...
Contents
xxvii | |
xxx | |
1 | |
23 | |
40 | |
44 | |
51 | |
65 | |
PETIT SERJEANTY | 191 |
TENURE IN BURGAGE | 193 |
VILLENAGE | 206 |
RENTS | 242 |
PARCENERS | 277 |
PARCENERS BY CUSTOM | 297 |
JOINTTENANTS | 324 |
TENANTS IN COMMON | 342 |
69 | |
87 | |
95 | |
102 | |
BOOK II | 117 |
FEALTY | 123 |
ESCUAGE | 126 |
KNIGHT SERVICE | 135 |
SOCAGE | 155 |
FRANKALMOIGN | 169 |
HOMAGE ANCESTREL | 178 |
GRAND SERJEANTY | 187 |
ESTATES UPON CONDITION | 367 |
DESCENTS WHICH TOLL ENTRIES | 425 |
CONTINUAL CLAIM | 444 |
RELEASES | 471 |
CONFIRMATION | 522 |
ATTORNMENT | 542 |
DISCONTINUANCE | 574 |
REMITTER | 617 |
WARRANTY | 648 |
538 in marg for and of my right read and release of my right 636 in n for origninal read original 661 in marg for issue read assets | 661 |
693 sixth line from the bottom for serront read ferront | 693 |