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.

Suit.

OF making Suit truly, &c. none that by Deed is infe∣ofted &c. doth not make Suit to Court, unlesse it be specified in the Deed, unlesse he and his Ancestors have used to make it, and if he be distrained to make it in ano∣ther manner, it is against the form of the Feoffment, and where the writing is, to hold by certaine service, for all services as to hold by Fealty for all services, shall make no suit. Marlb. chap. 9.

And over, * 1.1 If the Inheritance, hath more heires, let it be appointed, that he that hath the eldest part, shall only make suit for himselfe, and partakers, and let them contri∣bute,

the same Law is of Joynt-Tenants, Marlb. chap. 9. Fitzh. 162. C.

Where two Coparceners make partition, and one ali∣ens her part to one, and the other he•• part to another, the Lord may distraine which he pleaseth, but if one make the suit, that shall discharge the other, 24 Ed. 3. Tit. Br. 4.

By Tremaile it is said, that suit reall is due by reason of the Body, that is for that, that the Body is resident within the precinct, and not by reason of Free-hold, and this is due at the Courts Royall, as at the Courts of the King or Queen, as at Leets and VVapontakes, which are the Courts of the King or Queen, and suit service is by rea∣son of Free-hold, that is, by reason of their Tenure, that is, for that they hold of their Lord by suit to his Court, 45 Ed. 3. f. 23.

If a man have lands within the Precinct of divers Leets, and be resident within only one, he oweth Suit but to that, and if he be distrained to come to another Leet, he shall have a speciall Writ that he shall not distraine him, and that is by, Marlebridge chap. 10. Fitzh. f. 160. B.

If there be three or foure Coparceners and the eldest makes the Suit, shee shall have a Contributione facienda, * 1.2 a∣gainst the others, to be Contributaries; the same Law is, where one Joynt-Tenant makes the Suit for all by a∣greement, Fitzh. f. 162. C. and 1 H. 4. f. 3. A.

If there be two Coparceners, for which one Suit ought to be made, and the eldest Sister will not make the Suit, then the Lord may distraine the other Coparcener, as well as the eldest; and then she shall have a Writ against the eldest Sister, to compell her to make the Suit, Fitzh. f 159. E.

Fitzh. 159. C. If lands discend to many Coparceners, of which one Suit ought to be made, if the Land be held of the King, then all the Coparceners ought to make the Suit, as well after partition▪ as before, during the time that one is in the Kings Ward: The Signiory is suspended of another Lord, which cannot distraine. And so during the time, cannot distraine for Suit to the Lords Court, 13 H. 7. f. 15. Fitzh. f. 158. C.

Fitzh. 158. Where the Tenant holds his Land to make Suit to the County-Court, or to the Hundred, or other Court-baron, wapontake, or Leet, and he that ought to make

the Suit is in ward to the King, or to his Committee, his Guardian shall have a Writ, De exoneratione Secte, if he be distrained, Fitzh. 157. a.

And if he do, the King or the Committee shall have a Writ of Exoneratione secte, to surcease, Fatzh. 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court, 4 Ed. 4. f. 23. and see 20 Book Ass. 17. that the Signiory is suspended for the time.

Where one in ward of the King, and oweth suit to a∣nother Lord, which distraines him, the King or his Com∣mittee may have a VVrit of Exoneratione secte, during the time that he is in ward, Fitzh. 158. a.

If the King hath Lands by Forfeiture, or by Escheat, and lets them for life or at will, and the Lord of whom they are held will distraine for suit to his Court, the Lessee shall have a speciall VVrit to surcease, Fitzh. f. 159. A.

If Lands held of the King discends to many Coparce∣ners, then all the Coparceners ought to make the Suit, as well after partition as before, Fitzh. f. 159. C.

If Tenant of the King alien parcell of the Land held of him, yet the King or his Officers may distraine one of the Tenants for all the Rent, for though West. 3. chap. 3. be that the Feoffee shall hold for that part, that the Statute shall not binde the King, but another person cannot di∣straine, but for the rate, Fitzh. f. 335. a.

But I say, if one holds two Acres by suit of Court, and aliens one Acre, the Feostor and Feoffee shall make both suites, 43 Ed. 3. f. 4. b.

If two are severally infeoffed by one Tenant which holds of one Mannor, of the King, every of them shall make suit, 45 Ed. 3. Tit. Barr 211.

Suit by two is not severable, for if the Lord purchase parcell, the whole suit is extinct by Mowbray, 40 Ed. 3. fol. 40. fee Littleton. fol. 49. for suit cannot be apportioned, for that, that there cannot be contribution, for the Lord can∣not, &c.

VVhere one holds forty Acres by Fealty and Rent, and the Lord purchase twenty Acres of that, the Rentin Assise shall be apportioned, 4 Book of Ass. 5.3. Book of Ass. 18. Little∣ton f. 49.

Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent, and these ten Acres come into

severall hands, the Lord may distraine every one but for his portion, by West. 3. chap. 3. for that is, there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee, according to the quantity of the Land.

Rent service shall be according to the value of the land purchased, and not according to the quantity, 18 E. 2. tit. * 1.3 Avowrie 218.

Lord and Tenant, and is seised of two Courts, that is, one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court, and by agreement of the Lord, the Tenant makes his suit to the Mannor of S. as∣ter that the Tenant cannot have, against the form of the Feoffment and disagree, but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth, though it be that he hath come to S. by the agreement by forty yeares or more, Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24.

Partition is between two Coparceners of a Mannor, that is, that one shall have the Demesnes, and the other the Services: Suit of Court is suspended, but if one dies with∣out Issue, the suit is revived, 12 H. 4. f. 25.

If land be held by suit, and parcell of that comes to the Lord, the intire suit is extinct and determined, for the Lord cannot make contribution of suit to his own Court, nor take that, 34 Ass. 15. * 1.4

Every Free-man, freely may make an Attorney, to fol∣low his suits for him to his Lords Court, Merton chap. 10. and Fitzh. f. 156. E.

Contra formam Feoffamenti lies, Where a man infeoffs a∣nother before the Statute of (Qua emptores terrarum) to hold of him by Homage, Fealty, and Rent, by Deed, and after he will distraine for suit or other services to be made by him, and none shall have this Writ but the Feoffee, or his heires, Fitzh. 162. E. Nat. Bre. f. 106.

If the Lord confirm the Estate of his Tenant to hold by certaine service, the Tenant shall have a (contra for∣mam Feoffamenti) upon this confirmation, 10 H. 3. tit. avow∣rie 243. & 26 Ed. 3. tit. 246.

Note as it is aforesaid, that suit of Court is not incident to a Tenure, but is due by Formam charte, or by prescrip∣tion, as before the said Statutes, Lords are to distraine e∣very

Tenant to make suit to their Courts, and that suit is called suit service.

If a man seised of two Acres held by one Hauke, makes a Feoffment of one, the Feoffor shall hold by one Hauke, and the Feoffee by another, Littleton fol. so shall it be of suit of Court, Brook Tenure 64.

Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained, Naturae Brevium fol. 159. B.

Notes

• * 1.1

  Rastall, Suit. 1.
• * 1.2

  Rastall, County 2.
• * 1.3

  Rastall, Attorney 4.
• * 1.4

  Rastall, Attorney 1.