Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

And for that, that in the said second Article of Charge, you ought to inquire if any Tenant be dead, who is his next Heire. Let us now see where a Woman is with child at the time of the death of her Husband Tenant, and by whom she shall be Judged with child, and who shall be said in af∣ter the death of the Husband as Heire, and shall be Tenant to the Lord, and who not.

IF the Husband Tenant dye seised, and his Wife with Child, and a Brother of the Husband enter as Heire as he may, and after Issue is born, this Issue is Heire to the Husband, and Tenant to the Lord, and not the Bro∣ther, though he were Tenant and Heire before the Issue was borne, 41 Ed. 3. fol. 11.

A man Tenant hath a Daughter, his Wife with child with a Son, and makes a Feoffment upon condition and dies, and the Daughter enters for the condition, &c. and after the Son is born, this Son shall not be Heire nor Te∣nant of this Land, the same Law is where there is a Lease for life, the remainder to the right Heires of J.S. Tenant for life dies, the Daughter enters, and after the Son is born, he shall not be Heire and Tenant of that Land, 9 H. 7. f. 25. Plow. f 56.

Daughter enters after the Death of her Father Tenant, and takes profits, and after the Son with which the Wife was with child, is borne, he may enter and have that as Heire, and shall be in by discent and Tenant, but hath no remedy for the profits taken by the Daughter before he was born, 9 H. 6 fol. 26.

If a Woman Tenant seised in Fee hath a Daughter, and being with Child with a Son, the Husband dies, and after the Wife is ravished, and consents to the Ravishor, and the Daughter enters by the Statute as next of blood, as she may, and after the Son is born he cannot enter upon the Daughter and be Heire, and Tenant to the Lord, Plowd. Com. f. 56. 5. Ed. 4. f. 6.

By Tearmes of the Law thirty, and Wilby, if a man Te∣nant seised of Land in Fee, dies seised, his Wife privily being with Child with a Son, and another man marryes her, and after the Son is born, he shall be adiudged the Son of the second Husband and not of the first Husband, and shall be Tenant to the Lord, of the Land of the second Husband, and Berrey Justice said, that the Infant might choose which he would for his Father, 21 Ed. 3. f. 39. Other∣wise it is, if she had been great with Childe.

If a Woman be with Child by her Husband Tenant, or by another, it shall not be tryed, but if she be with Child at the time of the death of her Husband or not, shall be in Issue, for by, 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer, and hath Issue, if J.S. her Husband be within the foure Seas, the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried, and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same.

If a man marry a Wife which is great with Child by a∣nother man, and within three daies after Marriage she is

delivered, and the Husband dies the Issue is lawfull, and Heire and Tenant to the Lord, and no Bastard, 18. E. 4. f. 30. a.

24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage, and have Issue and are divorced in their lives, and by that the Marriage is avoided, and the Issue is Bastard, contrary if one dye before the Divorce.

21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue, this Issue is no Bastard; otherwise it is of a Marriage be∣tween a Fryer and a Nunn if they have Issue.

11 H. 4. fol. 76. Sayd by our Law, if one marry his Cozen, their Issue is no Bastard, till they are divorced, but shall take by Discent.

42 Ed. 3. fol. 11. If a man marry a Wife, and living that VVife, marry another, and hath Issue by the second, this Is∣sue is a Bastard, notwithstanding that the first VVife after dies, and shall not take by Discent.