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.

Where it shall Escheat and not discend, and where not. And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant, that is to say, Ward, or Escheat: Now let us see what is impediment by attainder, and otherwise, that the Issue of the Lands in Fee, cannot be heire by discent, not that his Father and Mother were marryed, and where the Lord shall have that by Escheat, and where not.

IF an Infant of the Age of seven or eight yeares mar∣ry a Wife, and his Wife have Issue within one yeare or two after marriage, this Issue shall not be his heire, and if he have no other heire generall or speciall, the Land shall Escheat, 38 Book of Assises, 24.

If the Father being an Alien, hath a Son, and after the Father is made Denizen, and after hath another Son, and after purchase Lands and dyes, the youngest Son is heire, and if he dye without Issue, the Lord shall have the Land by Escheat, and not the eldest Son, for he is an Alien, Doctor and Student, fol. 12.

The eldest Son is attaint of Felony in the life time of his Father, and is hanged, the Father dyes, the youngest Son shall inherite, and it shall not Escheat: But if the eldest Son be attaint in the life time of his Father, and survive the Father, the Land shall Escheat, 20 Booke of Assises 2.46 Ed. 3. tit. Discent 6.49 Ed. 3. fol. 11. & 31 Ed. 1. tit. 17. accordingly.

If the Son be attaint of Felony or Treason, and after is pardoned, and after that his Father dyes seised of land, the Lord shall have that by Escheat, rather then the Son, 13 H. 4. fol. 8.1 E. 3. lit. 15. accordingly: See before that Doctor and Student, fol. 25.

Where the Husband is attaint of Felony, and purchase his pardon, and after dyes, his Wife shall not be endow∣ed of Land, which he had before the attainder, but it ought to Escheat; but of those which he purchases after, shee shall have Dower, and shall not Escheat, Littleton, fol. 11.

If the Husband seised of Land, commit Felony, and after alien, and after is attaint, the Wife shall have Dower against the Feoffee; but otherwise it is if it were Escheat∣ed, Nat. bre. fol. 7.

If the Son be outlawed of Felony, in the life time of his Father, and hath a pardon, and after the Father dyes seised of Land, the Son shall not have these Lands, but the Lord by Escheat, though he hath diverse Sons, 31 E. 1. tit. 17.11 H. 4. fol. 11. & 22 H. 6. fol. 38.

The Father outlawed of Felony, purchaseth a pardon, and after purchaseth Lands, the Son hee had before the Felony may inherite them, and the Lord shall not have them by Escheat, 9 H. 5. fol. 9.

If one dye Tenant to the Lord, without heire generall or speciall, as if the Tenant be disseised, and dyes with∣out heire generall or speciall, the Lord shall have the Escheat of this Land, though he did not dye seised, for that, that he dyed Tenant, 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly, 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same; And Nat. bre. fol. 103. the same.

Where an Alien purchases, the King may seise, 11 H. 4. fol. 25. & 14 H. 4. fol. 20. accordingly.

And if a Denizen purchase, and dye without Issue born within the obedience of the Queen, this Land shall Es∣cheat to the Lord.

If an English Tenant marry an Alien, she is forthwith upon the marriage, of the Kings allegiance, and their Issue shall inherite, and it shall not Escheat, Abridgement of the Book of Assises, fol. 39.

Where there is Lord and Tenant, and the Tenant grants Rent charge, and dyes without heire generall or speciall, the Lord shall have the Land by Escheat, but hee shall hold it charged, 3 Book of Ass. 1. The same Law is of the Kings Tenant, which grants Rent and dyes, &c. and his heire in Ward by the Statute, 2 & 3 E. 6. chap. 8.

Lord and Tenant, the Tenant is disseised, and the dis∣seisor dyes seised, and the disseisee dyes without heire, the Lord shall not have that as by Escheat, for I intend hee dyes not in his Homage, 32 H. 6. fol. 31. B.

Lord and Tenant, the Tenant lets for life, and dyes without heire, though he dyed not seised, the Lord shall have Escheat, 2 H. 4. fol. 9.

If one be attaint of high Treason, the King shall have Escheat, of whomsoever he hold, notwithstanding if it be of petty Treason, the Lord shall have the Escheate, 22 Book of Ass. 49.

If the Tenant be beheaded for Felony, the Lord shall have Escheat, and shall say (for which he was hanged) Natura brevium, fol. 100. 8 E. 3. in the Register, f. 165. accordingly.

If my Tenant within age, alien to one in Fee▪ and within age dye without heire, the Lord may enter by Es∣cheat, 16 E. 3. tit. Statham, fol. 84.3 E. 3. Journey to North: See 6 H. 4. fol. 3. North: that he cannot enter, but he may have Escheat.

It seemes that the Lord cannot enter by Escheat, where his Tenants entry is taken away; as if the Husband dis∣continue, the Lands of his Wife, and the VVife dyes without heire, the Lord cannot enter by Escheat, 32 H. 6 fol. 27. by Littleton.

If a man goe over the Sea without license, and there takes a Wife, and there by her hath Issue, if the Issue sur∣vive his Father, the Land of the Father shall Escheat, 22 H. 6. fol. 38. by Newton.

1 R. 3. fol. 3. by Hussey, He which is borne beyond the Sea, and his Father and Mother were English, that their Issue shall inherite by the common Law, but by the Statute aforesaid it is cleer.

The same Law is where an Alien borne, purchase lands of the King before he be made Denizen, or if hee be a Denizen, and purchase Lands, and dyes without heire borne under the obedience of the King, there the King shall have that Land as Perquisite, in manner as Es∣cheat.

Where the Tenant hath an Estate in fee, and dyes with∣out heire generall or speciall, his Land shall Escheat to his Lord, Fitzh. 143. T.

32 H. 6. fol. 31. The Lord cannot enter, but where his Tenant might enter, and for that if the Husband and the Wife discontinue, and the Wife dyes without heire, the Lord cannot enter by Escheate: And if the Tenant be disseised, and the Disseiser dyeth seised, and his heire enter, and after the Disseisee dyes without heire, the Lord cannot enter.

37 H. 6. fol. 1. It seemes by Fortescue, that the Lord shall have Escheat or Ward, though his Tenant did not dye seised.

2 H. 4. fol. 9. The Lord shall have a Writ of Escheat, though his tenant dyed not seised, for if he dye his tenant, that sufficeth: If my tenant lets for life, and dyes with∣out heire, he doth not dye seised; and yet the Lord shall have the Escheat, 7 H. 4. fol. 18. the same.

6 H. 4. fol. 5. Lord and Tenant within age, the Te∣nant is disseised, and dyes without heire, the Lord may enter by Escheat: The same Law is if he being an Infant tenant alien and dyes without heire, the Lord shall have by Escheat.

Fitzh. fol. 144. A. If Tenant in taile dye without heire, he in reversion shall not have a Writ of Escheat; But if Tenant in taile, the remainder to his right heires, and dyes without heire; then the Lord of whom the Tenant in taile holds, shall have a Writ of Escheat.

Fitzh. 144. E. Where the Tenant is a Bastard, and dyes without Issue, this Land shall Escheat, Tit. Escheat 34. B. Where there is a Bastard eldest, and a legittimate younger, and the Bastard enters, and dyes seised without Issue, the Land shall not Escheat.

Natura brevium, fol. 103. If the Tenant be disseised, and is attaint of Felony, the Lord may enter by Es∣cheate,

Abridgement of Assise, fol. 88. Lord and Tenant, the tenant being within age, aliens and dyes without heire, the Lord may enter by Escheat.

6 E. 3. Statham, If my Tenant within age alien in Fee, and dyes without heire, I may enter by Escheat; the same Law is, if my tenant within age be disseised, and dyes without heire, I may enter by Escheat.

Stamf. 42. If any free tenant of any Bishop be attaint for Felony, during the time of the vacation the King shall have Escheat of his Lands: By Prerogative, ch. 14.

Fitzh. 144. O. If the Lord have title to have a Writ of Escheat, if he accept Homage of his tenant, he shall not have a Writ of Escheat against him afterwards.

7 H. 4. fol. 18. Lord and Tenant, the Tenant is dis∣seised, and dyes without heire, the Lord may enter, for right of entry may Escheat against a Disseisor; but if the Disseisor dye, or alien, the Lord cannot enter by Escheat upon the heire of the Disseisor, nor upon the Alience.

22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason, of whom∣soever hee hold, notwithstanding of petty Treason the Lord shall have them.

29 Book of Assise, 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father, but by the Statute of 5 & 6 Ed. 6. chap. 11. for high trea∣son the King shall have his Lands.

6 H. 7. fol. 9. by Keble. Right of entry may Escheat, as where the Disseisee dyes without heire, or is attaint of Felony, the Lord may enter.

7 Ed. 6. tit. 18. It was held, If there he Lord and Tenant by Fealty and Rent, the Tenant is disseised, the Disseisee dyes without heire, the Lord accepts the Rent by the hands of the Disseisor, yet he may enter for Escheat, or have a Writ of Escheat, and the receit of the Rent no Barr; contrary, if he had avowed for that in Court of Record, or if he had taken corporall service, as Homage, &c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor, or of his Feoffee.

48 Ed. 3. fol. 2. by Belk: Where a man commits Fe∣lony, and after purchase Land, or Land discends to him after, this is forfeited and Escheated, as well as the Land which he had time of the Felony made.

22 H. 6. fol. 37. by Newton, A man seised of Land in fee, goes beyond the Sea to B. out of the Kings Allegiance without the Kings license, and there marries a Wife, and there hath Issue, and dwells there all his life, and dyes without other Issue, his Land shall Escheat, and none o∣ther of the blood shall inherite.

1 R. 3. fol. 4. by Hussey, He which is borne beyond Sea, and his Father and Mother English, and faithfull to our King, that their Issue shall inherite by the Common Law, but the Statute makes that cleer, and his Lands shall not Escheat.

9 H. 7. fol. 2. If Tenant of the King dyes without heire, and none enters, the Freehold is in the King, without Office by Escheate: But if Tenant of the King alien in Mortmaine, it is not in the King without Office.

27 H. 8. tit. Office, 90. Br: Where one is attaint by Parliament, his Lands are not in the King by Escheat, to grant over without Office.

29 H. 8. tit. 52. Charter of pardon, Br. The King may be intituled to goods without Office, by Outlawry, but not to Lands.

38 H. 8. title, Thing in action, 211. Br: By the Statute of 31 H. 8. gives to the King possession of Lands of Mo∣nastries without Office, for the words are, that the King shall be in possession of them; yet if an Abbat were dis∣seised of foure Acres of land, the King cannot grant that over, before entry made by him into it.

Time of H. 8. tit. 119. Pre. Br: It seemes that the King shall not have a Precipe quod reddat, as a Writ of Escheat, but his title shall be found by Office.

Time of Ed. 6. tit. Denizen 17. Where an Alien born purchaseth, the King shall have it, but the purchase ought to be found by Office, 33 H. 8. tit. Fines levied, 115.

Title Office before Escheator, 60 Br: King shall have Chattels without Office, but not Ward.

2 H. 7. fol. 8. The King may re-enter without demand, where there is a clause of re-entry in his Lease, but then that shall be found by Office.

Tit. Escheat 23. Br: Alien borne hath Issue a Son, and after is made Denizen, and after hath Issue ano∣ther Sonne, and purchase Land and dyes, the youngest

Sonne shall have the Land, and not the eldest, nor the Lord by Escheat.

Tit. Escheat 29. B. VVhere a man is attaint of Heresie, and delivered to Lay men to be burnt, yet he shall not forfeit his Land, unlesse he be put in execution, and there by the execution the Lord shall have Escheat, un∣lesse the Land be held of the Ordinary, then the King shall have it.

Notes

• Rastall, Escheat 15.