his issue (25thly), as representing him. If neither Barbara Finch, nor any of her heirs, can be found, Margaret Pain (26thly), or her heirs, will be next entitled, Margaret Pain being the mother of a more remote male paternal ancestor than Esther Pitt; but next to Margaret Pain and her heirs, will be Esther Pitt (27thly), or her heirs, thus closing the list of female paternal ances tors. mother of the purchaser and the maternal an cestors. Next to the female paternal ancestors and their heirs, Descent to the comes the mother of the purchaser, Elizabeth Webb (28thly), with respect to whom the same process is to be pursued, as has before been gone over with respect to Joseph Brown, the purchaser's father. On her death, her issue by John Jones (29thly), will accordingly next succeed, as representing her, by the 4th rule, agreeably to the declaration as to the place of the half-blood contained in the 7th rule. Such issue becoming extinct, the nearest male maternal ancestor is the purchaser's maternal grandfather, William Webb (30thly), whose issue (31stly) will be entitled to succeed him. Such issue failing, the whole line of male maternal ancestors and their descendants, must be exhausted, by the 6th rule, before any of the female maternal ancestors, or their heirs, can find admission; and, when the female maternal ancestors are resorted to, the mother of the more remote male maternal ancestor, and her heirs, is to be preferred, by the 8th rule, to the mother of the less remote male maternal ancestor, and her heirs. The course to be taken is, accordingly, precisely the same as in pursuing the descent through the paternal ancestors of the purchaser. In the present table, therefore, Harriet Tibbs (32ndly), the maternal grandmother of the purchaser, is the person next entitled, no claimants appearing whose title is preferable; and, should she be dead, her heirs will be entitled next after her. It should be carefully borne in mind that the above mentioned rules of descent apply exclusively to estates in land, and to that kind of property which is denominated real, and have no application to money or other personal estate, which is distributed on intestacy in a manner hereafter to be explained. CHAPTER V. OF THE TENURE OF AN ESTATE IN FEE SIMPLE. THE most familiar instance of a tenure is given by a Alease for years. common lease of a house or land for a term of years; in this case the person letting is still called the landlord, and the person to whom the premises are let is the tenant; the terms of the tenure are according to the agreement of the parties, the rent being usually the chief item, and the rest of the terms of tenure being contained in the covenants of the lease; but, if no rent should be paid, the relation of landlord and tenant would still subsist, though of course not with the same advantage to the landlord. This however is not a freehold tenure; the lessee has only a chattel interest, as has been before observed (a); but it may serve to explain tenures of a freehold kind, which are not so familiar, though equally important. So, when a lease of lands A lease for life. is made to a man for his life, the lessee becomes tenant to the lessor (b), although no rent may be reserved; here again a tenure is created, by the transaction, during the life of the lessee, and the terms of the tenure depend on the agreement of the parties. So, if a gift of lands A gift in tail. should be made to a man and the heirs of his body, the donee in tail, as he is called, and his issue, would be the tenants of the donor so long as the entail lasted (c), and a freehold tenure would thus be created. But if a gift should be made to a man and his heirs, Fee simple. or for an estate in fee simple, it would not now be law ful for the parties to create a tenure between them (c) Litt. s. 19; Kitchen on Courts, 410; Watk. Desc. p. 4, n. (m), (pp. 11, 12, 4th Ed.) emptores. Statute of Quia selves, as in the case of a gift for life, or in tail. For, by the statute of Quia emptores (d), we have seen that it was enacted, that from thenceforth it should be lawful for every free man to sell, at his own pleasure, his lands or tenements, or part thereof, so nevertheless that the feoffee, or purchaser, should hold the same lands or tenements of the same chief lord of the fee, and by the same services and customs as his feoffor, the seller, held them before. The giver or seller of an estate in fee simple, is then himself but a tenant, with liberty of putting another in his own place. He may have under him a tenant for years, or a tenant for life, or even a tenant in tail, but he cannot now, by any kind of conveyance, place under himself a tenant of an estate in fee simple. The statute of Quia emptores now forbids any one from making himself the lord of such an estate; all he can do is to transfer his own tenancy; and the purchaser of an estate in fee simple must hold his estate of the same chief lord of the fee, as the seller held before him. The introduction of this doctrine of tenures has been already noticed (e), and it still prevails throughout the kingdom; for, it is a fundamental rule, that all the lands within this realm were originally derived from the crown (either by express grant or tacit intendment of law), and therefore the Queen is sovereign lady, or lady paramount, either mediate or immediate, of all and every parcel of land within the realm (ƒ). Queen is lady paramount. Ancient inci dents of tenure The rent, services, and other incidents of the tenure of estates in fee of estates in fee simple, were, in ancient times, matters simple. of much variety, depending as they did on the mutual agreements which, previously to the statute of Quia emptores, the various lords and tenants made with each other; though still they had their general laws, governing (d) 18 Ed. I. c. 1, ante, p. 51. (e) Ante, pp. 2, 3. (f) Co. Litt. 65 a, 93 a; Year Book, M. 24 Edw. III. 65 b. pl. 60. such cases as were not expressly provided for (g). The lord was usually a baron, or other person of power and consequence, to whom had been granted an estate in fee simple in a tract of land. Of this land he retained as much as was necessary for his own use, as his own demesne (h), and usually built upon it a mansion, or The lord's demanor house. Part of this demesne was in the occu- mesne, &c. pation of the villeins of the lord, who held various small parcels at his will, for their own subsistence, and cultivated the residue for their lord's benefit. The rest of the cultivable land was granted out by the lord to various freeholders, subject to certain stipulated rents or services, as to plough ten acres of arable land, parcel of that which remained in the lord's possession, or to carry his dung unto the land, or to go with him to war against the Scots (i). The barren lands which remained, formed the lord's wastes, over which the cattle of the tenants were allowed to roam in search of pasture. In this way Manors. manors were created (k), every one of which is of a date prior to the statute of Quia emptores (1), except perhaps 12° some, which may have been created by the king's tenants in capite with licence from the crown (m). The lands held by the villeins were the origin of copyholds, of which more hereafter (n). Those granted to the freemen were subject to various burdens, according to the nature of the tenure. In the tenure by knight's service, then Incidents of the the most universal and honourable species of tenure, knight's service. the tenant of an estate of inheritance, that is, of an estate in fee simple or fee tail (o), was bound to do Homage. homage to his lord, kneeling to him, professing to become (g) Bract. c. 19, fol. 48 b; Britton, c. 66. (h) Attorney General v. Parsons, 2 Cro. & Jerv. 279, 308. (i) Perkins's Profitable Book, s. 670. (k) See Scriv. Cop. 1; Watk. Cop. 6, 7; 2 Black. Com. 90. (1) 18 Edw. I. c. 1. (m) 1 Watk. Cop. 15; ante, p. 51. tenure by |