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.

Discent.

THen for that, that the second Article, is to inquire who is Tenant, and what advantage the Lord shall have by the death of his Tenant: It behoveth to know, who is in by discent to be your Tenant, that you may know of whom to have releife, and who to be in Ward, and who not, and who shall be sayd in by discent, and

where by purchase, and where hee shall not be in by discent.

Gift to one in taile, remainder to the right heires of J. S. which was dead. T. S. hath that as right heire, and is in by purchase, and shall not pay releife, nor be in ward, 40 Ed. 3.9. & 32 Ed. 3. Fitzh. Discent 8.

Lord and Tenant, the Tenant aliens in Mortmain, and the Alience is disseised and the Disseisor dyeth seised, his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action, but contrary of him that hath right of entry and may have action, 1 Ed. 6. Tit. Mortmaine 6. Bro.

Lease for life, the remainder to the right Heires of J.S. the Tenant for life dies, living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife, nor otherwise shall have the Land as purcha∣sor, 9 H. 6. f. 24. Perkins f. 12. the same.

Lease for life the remainder to the right Heires of J.S. and J.S. dies, Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age, he shall not have his age, and shall not pay releife nor be in ward if they hold by Knight service and be within age, for that he is in as a Purchasor, 11 H. 4. f. 74.

Lease for life the remainder to another in taile, which dies his Issue within age, and after the Tenant for life dies, the Issue is in by discent, and if he be within age and hold by Knight service, he shall be in ward to the Donor, 33 H. 6. f. 5.

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.

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.