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.

Mortmain.

For that that by the 9th. Article, it is inquirable of Mort∣main, to the intent that none shall give in Mortmain, but that the Lord may make his claim within the time limited in the Statute. Let us therefore see, what is an alienation in Mort∣main, and what not.

IF Villain of an Abbot, or of a Corporation purchase, and the Abbot or the Corporation enters, this is in Mortmain, and the Lord may enter within the yeer. 41 Ed: 3. fol: 16. Fitzh: 224. B. Contrary of Land which dis∣cends to a Villain. 41 Ed: 3.21. and 48 Ed. 3.27.

If a Feoffment be made to the use of an Abbot, or a Cor∣poration, this is Mortmain, and within the Statute, that the Lord may enter. 8 H. 4. fol: 16. Br: 11.

If an Abbot, Mayor and Commonalty, Dean and Chap∣ter, or other Corporation, alien to another Corporation or Abbot, without license, this is Mortmain, Fitzh: 212. D. The same Law if one exchange with an Abbot or Corporation, this is Mortmain, and the Lord may enter. Fitzh: fol: 223. E.

Lord, Dean and Chapter, or other Corporation are Te∣nants, and the Lord releases to Dean and Chapter, or to the Corporation, his Rent without license, this is Mort∣main. But if he be licensed of the King, and of the cheif Lord, and (Ad quod damnum) be sued, or in the license of the King, this clause be, that is to say, without any Writ of (ad quod damnum) then the Mortmain is not to be inqui∣red in no case, where such license is used, for that is dispen∣sation, that the King nor the Lord cannot enter for Mort∣main. But if the Lord with license in this case aforesaid, be Tenant in tail, or for life, and dyes, I think it is there in∣quirable. Fitzh: fol: 222. D. and 223. I.

But if the King grants to a Corporation liberty to pur∣chase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif, as divers Grants are: If such a Corporation purchase Lands and Tenements held of the King, as of his Mannours of East Greenwich, Depford, otherwise West Greenwich, Sayes Court, Lew∣sham fee, or held of the Queen as of her other Mannors, there it is not inquirable of Mortmain, but it is to be en∣quired in the Leet, if they have purchased any Lands held in chief, or over such a value in the Grant. And also it is to be inquired in Court Baron for the Lord. If any Corpora∣tion have purchased any Lands or Tenements held of the Lords Mannor (notwithwanding the Grant, and license of the King aforesaid) for this shall not be to dispence a∣gainst the Lord for Mortmain.

Where anuity is granted to a Parson or a Vicar of a Church, or to a Prior or an Abbot, by any tenant, It is no Mortmain to be inquired, for in anuity if they recover, col∣lusion shall not be inquired, for that doth but charge the Parson of the grantor, and not the freehold, 10 Ed. 4. fol. 6.34. H. 6. fol, 37.3. Ed. 4.14: 33. H. 6.27.20. H. 6.7. and 17. Ed. 3.5.

But if any Tenant of the Lord, grant by deed out of his Land, any rent charge with clause of distresse to any corpo∣ration, that is Mortmain, and inquirable.

The same Law is, If any tenant will, that a Corporation, shall have to them and their successors, a rent charge issu∣ing out of his Land, and will not that his Parson be charg∣ed in any manner, by Writ of an uity, but hath in the end of his Deed, provided alwaies that this present writing, nor any thing in that specified, shall in no wife extend to charge my person by Writ or Action of anuitie, but onely to charge my Lands and Tenements of the yearly Rent aforesaid, This is Mortmain, and inquirable. The same Law is, if any Tenant of the Lord grant by Deed, that if the Dean and Chapter, Mayor and Commonalty, and their suc∣cessors, be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain, and inquirable. Littl: fol. 30. proves this a good Grant. See Fitzh. 224, G.

But where personall things are given to a Corporation, as Horse, Cow, Ox, Sheep, hoggs, or other goods, there in this case Mortmain is not to be inquired, for these so given, are not within the statute, 10. H. 7. fol. 3.

If a Bishop or an Abbot, appropriate to themselves an Advowson held of a Lord, of which they are seised in Fee without License, that is Mortmain, and inquirable. Eitzh: fol: 223. H. and 5 H: 7. fol: 37. saith, that an Advowson ly∣eth in tenure: 40 Ed: 3. fol: 44. accordingly.

If a Fishing held of the Lord, be granted by the Tenant, to a Bishop and his Successors, or to a Dean and Chapter and their Successors, this is Mortmain, and inquirable. 40 Ed. 3. fol: 44. proves that it lyes in tenure.

The Statute of Religious, fol: 79. is, That no Religious, or other whatsoever, shall presume to buy or sell, any Lands or Tenements, either under colour of gift or tearm, or by reason of any Title whatsoever, or by any means whatso∣ever, art or wit presume to appropriate them to him, un∣der the penalty of forfeiting the same, by which the Lands or Tenements may come into Mortmain, by any means. And the Statute gives liberty to the next Lord (if he come within the yeer) to enter, and if he be negligent and do not enter, then the next Lord within half a yeer; and if not, then the King after the yeer and half may enter, And

it is inquirable in the Court Baron, for the benefit of the Lord that he may enter within the yeer; and if the Lord be negligent, and do not take his time limited by the Sta∣ture, then the King may enter, and that is inquirable in Leet for the King.

25 H. 8. tit. 37. Lord and Tenant, the Tenant lets for life to I. S. the remainder to an Abbot and his Successors, the Lord need not make claim till the Tenant for life be dead; for if he will waive the Remainder, it is no Mortmain.