general, the law looks upon this eſtate as equivalent to an eſtate for life only; and, as ſuch, will permit this tenant to exchange his eſtate with a tenant for life; which exchange can only be made, as we ſhall ſee hereafter, of eſtates that are equal in their nature.
III. Tenant by the curteſy of England, is where a man marries a woman ſeiſed of lands or tenements in fee-ſimple or fee-tail; that is, of any eſtate of inheritance; and has by her iſſue, born alive, which was capable of inheriting her eſtate. In this caſe, he ſhall, on the death of his wife, hold the lands for his life, as tenant by the curteſy of England[1].
This eſtate, according to Littleton, has it's denomination, becauſe it is uſed within the realm of England only; and it is ſaid in the mirrour[2] to have been introduced by king Henry the firſt: but it appears alſo to have been the eſtabliſhed law of Scotland, wherein it was called curialitas[3]: ſo that probably our word curteſy was underſtood to ſignify rather an attendance upon the lord's court or curtis, (that is, being his vaſal or tenant) than to denote any peculiar favour belonging to this iſland. And therefore it is laid down[4] that, by having iſſue, the huſband ſhall be intitled to do homage to the lord, for the wife's lands, alone. It is likewiſe uſed in Ireland, by virtue of an ordinance of king Henry III[5]. It alſo appears[6] to have obtained in Normandy; and was likewiſe uſed among the antient Almains or Germans[7]. And yet it is not generally apprehended to have been a conſequence of feodal tenure[8], though I think ſome ſubſtantial feodal reaſons may be given for it's introduction. For, if a woman ſeiſed of lands hath iſſue by her huſband, and dies, the huſband is the natural guardian of the child, and as ſuch is in reaſon entitled to the profits of the lands in order to maintain it: and therefore the
