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.

For that, that in the same second Article of Charge, it is in∣quired if any Tenant of the Lord be dead, who is Heire and Tenant to the Lord, let us now see where the halfe blood is impediment, and where not.

TEnant gives Land to the Father for life, remainder to Rich. his Son in taile. The remainder to the right Heire of the Father, the Father dies, Rich. enters and dies without Issue of his Body, his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant, and the halfe blood is no impediment, 39 E. 3. tit. 5.

A man Tenant had Issue by two severall Bellyes and dies, the eldest Son enters and endowes his Mother, the Heire dies without Issue, the Tenant in Dower dies, the youngest Son of the halfe blood shall inherit it, and shall be Tenant, 7 H. 5. f. 2. 58. Assises 6. accordingly.

Father seised of an Advowson in grosse hath a Son and Daughter by one Belly, and a Son by another and dies, and the eldest dies before presentment, the youngest Son shall be Heir, and the half blood is no impediment, 3 H. 7. f. 5. Fitzh. f. 36. O.

If the Father Tenant hath a Son and a Daughter by one Belly, and a Son by another, and lets to one for life and dies, and the Reversion is discended to his eldest Son, which dies before the Tenant for life, this is no possession, that the Daughter shall have the Land, but the Son of the halfe blood shall be Tenant to the Lord, but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended, the Daughter shall have the Land, and shall be Tenant to the Lord, and not the Son for halfe blood is impediment, 5 Ed. 4. f. 9.

But in the case next before, where there is a Rent reser∣ved upon the Estate for life by the Father, and the eldest hath the reversion and Rent and dies, the Daughter there shall inherit, and the halfe blood is an impediment to the Son to be Heire and Tenent, yet if the Father dies, and the eldest Son dies before payment of Rent, there it is o∣therwise, 35 Book of Ass. 2.

If a man Tenant hath Issue two Daughters by severall Bellies and dies, and they enter and make division betwixt them, if one dye without Heire generall or speciall her part shall escheate to the Lord, and not discend to the Si∣ster of the halfe blood, but if that Sister hath an Uncle it ought to discend to him, and if he enter and dies with∣out Issue, it shall discend to the Sister of the halfe blood, see, Littleton fol. 3. Natura brevium fol. 10.

If a man Tenant hath three Daughters by on Belly, and a Daughter by another and dies, and the foure Daugh∣ters enter, and two of them by the first Belly dye, now the third of the whole blood shall have three parts, and shall be Tenant of that to the Lord, 10 Ed. 3. Tit. 13. and 10 Ass. 27. accordingly.

Note that the possession of a Brother to make the Sister inheritor, and not the Son of the halfe blood, is only of fee, and not of fee taile, 32 Ed. 3. Tit. 8.37 Book of Ass. 15. accor∣dingly.

If the Donee in taile have a Son and a Daughter by one Belly, and a Son by another and dies, and the Son of the first Belly enter, and dies seised without Issue, the Son of the second Belly shall be Heire and Tenant to the Donor, and not 〈◊〉〈◊〉 the Daughter, Natura brevium, fol. 147.

If a man hath a Son and a Daughter by one Belly, and

a Daughter by another, and Lands are given to the Fa∣ther for life, the remainder to the Son in taile, the re∣mainder to the right Heires of the Father, the Father dies and the Son enters and dies without Issue, the two Daugh∣ters shall be Heires and Tenants to the Lord, for the Son was not actually seised of the Fee, 5 Ed. 1. Tit: 14.32 Ed. 3. Tit. 9.24. Ed. 3. fol. 24. and 37. Book of Ass. 4. accordingly.

The possession of the Brother, of Lands held by Knights service, there the possession of the Guardian, if the Son dyes in Ward, is possession of the heire to make the Sister inherite, and to be Tenant to the Lord, and not the Son of the halfe blood, 8 Ed. 3. tit. 12. and 8 Booke of Ass. 6. accordingly.

Lands discends to two Coparceners, which are by se∣verall bellies, and one dye before entry into the Land, the other shall have Mortdancester, as heire of her Father of the whole Land, for that, that the other was never seis∣ed, 34 Book of Assises 10.