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.

Fine.

Where it shall be paid by Copy-holder, that I have seen used, is as insues.

NOte, that it is commonly said, and the ground of paying Fines is, that a Fine is due to the Lord upon every alteration, and change of Tenant, that is to say, upon every admittance of every new Tenant, to the Lord by copy, as upon every alienation by surrender, and admit∣tance upon that, and upon every discent and admittance upon that, also if a Copy-holder surrender into the hands of the Lord to the use of diverse and their Heires, as to 2.3. or 4. and their Heires, upon the admittance of them the Lord shall have but one Fine, for it is but one surren∣der and one admittance of a Tenant, and upon the death of the Survivor, and the admittance of his Heire, then an other Fine, so that the Fine is to be adjudged, due alwaies upon admittance of Tenant and not without admittance.

And for that if two be admitted and one dies, the other shall have his part by Survivor without new admittance, and shall not pay a Fine.

Also where a Surrender is made to the use of a Husband and his Wife, and to the Heires of the Husband, upon their admittance the Lord shall have but one Fine, for it is one surrender, and both are but one new Tenant, and after the death of the Husband and the Wife, upon ad∣mittance of the Heire of the Husband, the Lord shall have another Fine.

Also where a surrender is made to one for life and after his death, the remainder to another, and the Heires of his

Body begotten, and for default of such Issue, remainder to a third and his Heires; in this case admittance of the Te∣nant for life, vests the remainder in the others, and di∣vers learned Stewards take but one Fine only of admit∣tance of a Tenant for tearme of life, and nothing of those two in remainder, when the Remainder falls, but I have seen that every one in the remainder, when they come to the Land shall make Fine, though it be not the whole fine but a halfe, and every one is admitted when a remainder falls, but it need not, for by the admittance of the Tenant for life, the remainder is so vested that he in remainder need no other admittance, and they are but one Estate and one surrender, the same Law is where there is a sur∣render to one for life, the remainder to another and his Heires, there shall be but one Fine. But then it is good, that both be admitted together according to the surrender, at the time of the surrender made.

Also where one out of the Court by custome, surrenders into the hands of two Tenants to the use of himselfe for life, and after his death to the use of J.S. and his Heires, and dies before the next Court, and then all this is pre∣sented at the next Court, he in the remainder shall be ad∣mitted, and pay but one Fine, for it is impossible to admit one which is dead, and by the act of God his Fine is gone, and now there is but one to be admitted, and upon one surrender, and one being to be Copy-holder shall be paid but one Fine.

Also where a Copy-holder is admitted upon surrender he shall pay a Fine, but if it be so that he have common recovery in plaint, in nature of a VVrit of entry in the (Post) upon his better assurance, and for to defeat an estate taile, those which recover have Seisin by command (by Habere facias Seisinam) and also they are in, in the (Post) and by the recovery, and for that no Fine shal be there payd to the Lord but one, for the recovery was also but for fur∣ther assurance, and the surrender and all make but one Tenant by Copy, and so there is due but one Fine.

Also where the custome is, that for every Cottage and for every House, the Lord shal have upon every alteration and admittance of Tenant, for one Fine three shillings, and there is a Cottage or a House is decayed, it is called a Home-stall, and by the custome also, for every Home-stall

he shall pay for a Fine three shillings there, if the Tenant makes of one House two Houses or build a new House, he shall not pay a Fine for these new Houses, nor for two Houses, which before was but one, for the prescription doth not hold place, but for the old Houses.

Also where the custome is, that for a Fine for a license to let for yeares, the Tenant shall pay for every House, which the Tenant lets for every yeare that he hath license, foure pence, there if he make of one House diverse Cotta∣ges, as of Barnes and Stables, diverse Cottages there for license to let his House, he shall pay but foure pence for every yeare that he hath license to let the whole, and not for divers Houses, for otherwise the prescription doth not hold place.

Also if Tenant for life, and he in remainder or rever∣sion, ioyne in a surrender to one and to his Heires, he to whose use the surrender is made, shall pay but one Fine, for it is but one admittance and not severall, and one surrender and not severall, and there is but one Tenant admitted, the same Law, where two Joynt-Tenants, two Tenants in Common, or two Coparceners, surrender to one and his Heires, shall be payd but one Fine.

Also a woman is marryed a Virgin, she shall have all for her Dower by the custome, there it is used she shall pay a Fine, and it is reason, for that she is admitted, the same Law is where a VVoman hath a third part by the custome for Dower, but it is used commonly within Mannors, to pay but halfe a Fine, which is paid for Inheritance; but the custome of the Mannor is to be considered in this case.

If a Copy-hold be surrendred upon condition, and the condition is broken, he which surrenders may re-enter without paying Fine or new admittance.