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.

Livery of Seisin.

For that, that you give in the second Article of Charge, to know what Estates your Tenants have, for that something shall be said afterwards, which is an Estate in Fee, and which in taile, and also of other Estates, and first for that to Feaffments, Gifts, and Estates, made in taile, and for life, by you to others, there ought to be Livery of Seisin, let us see what is good Livery upon the Land, and what within the view of the Land, and what not.

IF Liver 〈◊〉〈◊〉 made and the Termor for years be not ou∣ted, this is not good, 21 H. 7. fol. 7.19 H. 6.56.2. Ass. 1.5 Ass. the last, and 7. Ass. 3. And he to whom the Livery is made, stay a night with the Termor, and not out the Ter∣mor, yet this is not good, Britton fol. 102. and 29 Ass. 60.

If Livery be made, and the Termor be not put out up∣on the Livery, or that he attorn, it is not good, 5 Book of Ass. 8.

If a Feoffment be of two Mannors, whereof one is in Lease for yeares, and the Livery is made in the other which is not in Lease, this in Lease doth not passe, for there shall be Livery made in that also, or otherwise the Termor ought to attorn, 11 H. 4. fol. 71.

To deliver a peice of Earth of the land, to him which takes the Seisin is a good Livery, 2 Book of Assises 1.

The Sheriffe may deliver Seisin of Rent recovered, by Beasts, Grasse, or Clod, and it is good, 40 Ed. 3. fol. 22. Per∣kins. 42.

Office is granted in Forrest, to which land is belong∣ing, and Seisin is delivered by a Horn and an Axe, and is good, 1 H. 7 f. 17. the old print.

A man makes a Feoffment to a Woman, and when he comes to the Church doore to be married, he delivers to her the Deed, and there shews to her the land and is a good Livery, 39 Ed. 3. fol. 11 and 38. Ass. 22.

Where one is sick in his House, and delivers the Deed of Feoffment in name of Seisin it is good, Perk. fol. 48

A Deed by (I have given and granted) or I have (gi∣ven) only, sufficeth to a Disseisor, if he deliver to him the Deed without other Livery, for it is a confirmation, Little∣ton 121.

One lying sick in his House, makes a Charter of that, and saith, take and keep according to the Charter, and he takes Seisin, and the Feoffor be not out, and yet good, so it is in the same case if he say take Seisin, and command all the Servants to attend on him, 27 Book of Ass. 61. Perkins f. 43.44. & 43 Ass. 20.

There may be Livery within the view, as I deliver to the Feoffee a Deed of feoffment, and I say that I will that you shall enter into the same lands, and have them according to the Deed, it is good if you enter, Perk. fol. 43. and 18 H. 6. f. 16.

The Father infeoffs his youngest Son of a•• House, and the youngest Son come into the Church of the same town where the House is, and saith in the presence of the Pa∣rishioners, Father so frankly as you have given to me the House, I give that to you, and the Father goes to the house and enters and dies seised, and is good; and the eldest Son shall have that and not the youngest, 39 Ass. 12. Per kins f. 44. the same, and 42 Ed. 3. Feoffment 54.

Note that it is notorious, and this the reason.

The Father makes a Feoffment and a Letter of Attorney to L. to make Livery, and before the Deed delivered, com∣mands L. to make Livery upon condition, and he makes that upon condition, it is good, 28 Book of Ass. 439.

A man makes a Feoffment by Deed simply, but he deli∣vers Seisin upon condition, the Feostee takes it conditio∣nally, and not by the Deed, 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83.

The Father for advancing his youngest Son, makes to him a Charter, and a Letter of Attorney, when he was of sound memory, and after by sicknesse cometh mad, so that he was dumb at the time of the seisin delivered, but by all signes agreed, and this is a good livery, 25 Book of Assises 4.

If a Lease be made for life by Deed, and the Lessor saith, Go you and enter, but no livery is made, though that he enter, yet by Newton, hee hath but an Estate at will, and no Freehold, 18 H. 6. fol. 16.

When one makes a Feoffment, and delivers the Deed to the Feoffee, and said, God give you joy, this is a good livery, 41 Ed. 3. fol. 17. Abridg. Ass. fol. 94. and 41 Ass. 10. but it seems it was within the view.

Feoffment is good of Lands by Deed, and delivering the Deed within the view of the Land, so that the Feaffee enters accordingly; but if the Feoffor dye before the Fe∣offee enter, then the Land discends, and the Feoffment shall take no effect: Time H. 8. B. Feoffments 70.

A man makes a Feoffment to another, and delivers to him the Deed in the Land, or upon the Land; this is a good Feoffment by all the Court, 35 H. 8. Brook, Feoff∣ments, 74.

Note by these is to be gathered, that where the Feoffor delivers the Deed, within sight of the Land to the Feoffee, and he enter, this is a good livery and seisin, but if hee doe not deliver the Deed within the view, nor use words within the view, which may countervaile livery, I suppose free-hold doth not passe.

If a Lease be made for life by Deed, and I deliver it out of the view, and no livery of seisin, that he is but Te∣nant at will, by Newton, as it is sayd before, 18 H. 6. fol. 16.

Note, where a Deed shall enure as a confirmation, without Livery of Seisin, and where not.

A Lease for yeares is made, and after the Lessor makes a Deed by (I have given, granted, and confirmed)

to the Lessee, to him and his heires, and deliver to him this Deed, this is good without livery, 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same.

If I let to one for yeares, and after make to him a Deed by (I have given and granted) to have the Land for life, or to him and to his heires, and deliver to him the Deed, he hath an Estate according to the Deed without livery and seisin; the same Law where a Disseisee makes a Deed by (I have given) to the Disseisor, and delivers to him the Deed as before is sayd, Lit. fol. 121.

Feoffment to diverse, and livery to one, where both take, and where not; and where one makes a Letter of Attor∣ney by words, is not good.

A Man makes a Feoffment by Deed to twenty, and de∣livers the Deed and Seisin to one, in the name of all, this is good to them all, but if he enfeoffe twenty with∣out Deed, and Delivers seisin to one in name of all, this is good to him onely: Time of H. 8. Br: Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke.

Tenant enfeoffs the Lord and another, and makes live∣ry to the other, nothing vests in the Lord, without his a∣greement, 10 E. 4. fol. 12.6 E. 4. fol. 4.

Where a Corporation and another are enfeoffed, livery to one is not good to both, for that, that they take in Common, and for that livery shall be to both of them, 7 H. 7. fol. 9. by Hussey.

Attorney by word cannot make livery, 19 H. 8. fol. 9. by Shelley and Englefeild.

A man enfeoffe foure by Deed, and one makes letter of Attorney to J. S. to take seifin for him and the rest, and he takes seisin accordingly, the residue take nothing by the seisin, 17 H. 8. Br: Feoff. 67.