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.

Tenant in Fee.

It behooveth, that the Steward shall have knowledge of all manner of Estates, because of making surrenders of Copy∣holders, and also because of their Suits, Wards, Releifs, and Services, for if the Steward do not know the Estates of the Tenants, how can he do Justice. And for that som∣thing ought to be said of Estates, and first of an Estate in Fee.

WHere lands are given to the Abbot of Battell, and his Covent, he hath Fee, for that, that they are a Corporation, and Corporation i•• intended to have continuance, 11 H. 4. fol. 84. Br. Inquire and see in the next case.

Where land is given to Maior and Comonalty of London they have Fee, without more saying, that is, without saying to have to them and their Successors, 11 H. 7. f. 12. Not∣withstanding it seems, that Spirituall Corporation may die in some case.

If I have Common in the Land of an Abbot, and I re∣lease to an Abbot, and not to him and his Successors, the Common is extinct, but not for the life of the Abbot, 26 H. 8. fol. 6.

Where land is given to two, to have and to hold to them and heires, and (Suis) is left out, they have but an Estate for life, and not Fee, 19 H. 6. f. 73. & 20 H. 6. f. 35. the same.

Devise to one for ever, be to him and his Assignes for e∣ver, he hath Fee, 19 H. 6. f. 9

Where a Devise is to one without more, that is, is not said what Estate is for life only, 22. Ed. 3.

Where a Devise is to one and his Heires Males, he hath taile and not Fee, 27 H. 8. f. 32.

If land be given to one, to have and to hold to him and his Heires Males, he hath Fee, Littleton fol. 6. and 9 H. 6. fol. 25.

A man devises his land to one, to give and sell, or to do with that at his will and preasure, he hath Fee without more, 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39.

If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee, but if be devise to J.S. without more, he hath but for life, and in the first case, if he do not pay that in his life time, yet if his Heires or Executors pay it, that sufficeth, therefore it seemeth payment is not a condition there, 29 H. 8. Tit. Testament 18.

If lands are given to an Abbot or Prior, to have to him and to his heires, yet he hath not an Estate but for life, for that, that his heires cannot inherit; otherwise it is, where land is given to a Bishop, or Parson, and his Heires, for they have Fee, 94 H. 5. f. 9.

If lands be given to B. for life, the remainder to C. in taile, the remainder to the right heires of B. the Fee is ve∣sted in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs, and the right Heire of B. shall be in by discent, if C. dye without Issue, and not as a Purchasor, 18 Ed. 2. Tit. 109.

If Tenant in Fee bargaine and sell his land by Deed Indent, and inroll within six Moneths to another, though it be not to have to him and his heires, he hath in Fee, 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same.

If lands be given to J.S. to have to him in Fee simple, yet he hath no Fee but for life, 20 H. 6. fol. 36.

But if land be given to one to have to him and his heires so long as such a Tree growes, hath Fee determina∣ble, 27 H. 6.29. B

If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee deter∣minable, for if J.S. dye, living he for whose life, the heire of the Lessee may enter, and not a stranger as Ocupans,

Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same, 21 H. 8. Tit. Estates 50. and inquire.

If a man devises lands to J.S. paying ten pounds to his Executors and dies, J.S. hath Fee by reason of the pay∣ment, without words heires. The same Law is, if one sell his land to J.S. without words heires, he hath Fee, 4 Ed. 6. tit. estates 78.

Lease was made for eleven yeares, and for security of that, made a Writing, that if he were disturbed he should have Fee, and Livery was made, and hath Fee upon di∣sturbance, 10 B. of Ass. 15. 10 Ed. 3. Tit. Ass. 161. the same.

Lease is made to one for twenty yeares, and the Wri∣ting expresseth over, that after the twenty yeares, that the Lessee and his heires shall hold it for ever, paying ten pounds, and Livery is made, he hath Fee forthwith; for if the Lessor takes a VVife within the twenty years and dies, shee shall recover Dower by award of the Court, 31 Ed. 3. tit. Feoffment 119.

If a man lets for nine yeares upon condition, that if the Lessee be disturbed within the tearme, that the Lessee shall have Fee; if the Farmor alien before disturbance, this is disseisin to the Lessor, for the see is not in the les∣see before the condition broken, 43 Book of Ass. 41.

If Lands be granted to one for five yeares, upon con∣dition that if he shall pay to the Grantor within the first two yeares forty Marks, that then he shall have fee, or otherwise but for five yeares, and Livery and Seisin is made, he hath fee forthwith upon condition, Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is pre∣cedent and where subsequent.

The Lord Lovell let to W. for life, and if the Lessor dyed without Issue of his body, W. should have Fee, the Fee is not forthwith in W. Plowden, fol. 481.

Land is given to the Husband and his Wife in speciall taile, the remainder in Fee to the Husband, which devi∣seth the Fee to his Wife, and dyes without Issue, the Wife is seised in Fee, 27 Book of Ass. 60. Lit. fol. 31. B.

If a Woman be seised in Fee, and deviseth that to her Husband and his heires, and dyes, he hath no Fee, Natura brevium, fol. 88. 3 Ed. 3. Journey to Northampton, 33 Ass. 3. the same, 18 E. 4. fol. 11. B.

18 H. 8. tit Patentees 104. The King gives Land to J.

S. and to his heires males, adjudged that the Grant is void, for that that the King is deceived in his Grant, for this sounds in Fee simple, whereas it is sayd, the King in∣tended but an Estate taile, which is not so expressed: And therefore now he is but Tenant at will; and contra∣ry in the case of a common person: For Littleton, fol. 6. saith, Lands are given to another, to have and to hold to him and his heires Males, or to his heires Females, or to whom the gift is made, hath Fee in a common persons case, for that there is no limitation in the gift, of what body.

6 H. 7. fol. 13. If Office be granted to one for life, and after the King grants that to another, and doth not re∣cite the first Grant, the King is deceived, and it seemes that the second Grant is voyd.

1 H. 7. fol. 13. Where the King of meer motion, for∣gave A B of all his Debts, and was Sheriff, and after in the Exchequer he pleads that as Sheriff, and held for that that it is of his owne motion, and is generall, yet he may plead that, and it is a good Barr: Otherwise it is, where it is by suggestion, for where it is of meer motion, it is in∣tended the King is not deceived; but it seems if the King pardon one all his Debts, he as an Executor shall not take advantage of that: The same Law is, if two be indebted, and the King pardon one, the other shall not take advan∣rage of that, for it was the onely debt of him.

9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion, and the King recites, that where he hath granted by his Patent, he ratifies and confirmes, and over (We give and grant) this (give and grant) is not, but voyd, for the King is Estopped to say the contrary, but that he granted and ratified that; but if it were, as We are informed, he is not Estopped, and the King there is deceived: And where it is of his meer motion, recyted that he holds for life, he is Estopped to say contrary, but if it were, as We are informed, he is not Estopped, and the King is deceived, and he holds not for life.

3 H. 8. fol. 7. held, VVhere a Grant of the King is not onely of his meere motion, but also of suggestion, there if any part of the suggestion be not true, the whole Grant is voyd.

8 H. 7. fol. 1. VVhere the King upon information of

the party, Grants a Mannor which he hath by forfeiture, and hath not that by forfeiture, it is voyd; for he is de∣ceived: So it is sayd where the King grants reversion, where there is no reversion, he is deceived, and voyd.

27 H. 8. tit. Patents 100. It is sayd for Law, that a false consideration in letters Patents shall not avoyd them; as where the King for ten pounds to him payd, gave such Land, and the ten pounds is not payd, the Patent is not void, and shall not be repealed: Contrary of Patent granted upon false surmise, as to falsifie that the Land came to the King by the attainder of J. S. which is not true, or such like.

26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done, he grants, and it is not true, yet the Grant is good, though the consideration is false.

27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will, That the se∣cond Patent of an Office shall be voyd, where another Patent is made before, during the will of the King: If mention and recytall be not made in the second Patent, of the first Patent made at the will of the King; if the Officer hath Fee it is voyd; otherwise it is if hee have no Fee, as it seemes, 3 H. 7. fol. the last. 6 H. 7. fol. 13. the same.

Where the remainder in Fee depends upon determination of Estate, and where upon Condition, and where upon Con∣tingent.

HUsband and his VVife seised in right of his VVife in taile, the Husband enfeoffs other two, so long as J. S. and seven other persons live together, and if it hap∣pen any of them to dye, that then the remainder to the Husband and his VVife, and to the heires of the VVife, and J.S. dyes, and the Husband and the VVife enter, as they may, for the remainder depends upon determination of Estate, and not upon condition, for death is certaine, and for that the Estate is determined, 18 H. 8. fol. 3.

18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife, and to their heies Males, of their two bo∣dies begotten; so that if the Husband dyed without heire Male, that that should remaine to the right heires of the

Husband, and is received, for that doth not depend upon condition, but upon a limitation upon contingent of death which is certaine.

27 H. 8. fol. 28. A Fine upon grant and render, by which the Conisee grants and renders to the Conisor, the Lands in taile, upon condition that the Conisor and his heires, shall carry the Standard of the Conisee in Bat∣tell, and if the Conisor or his heires faile, that then that shall remaine to a stranger; this depends upon a condi∣tion, and by Fitzherbert, Fine cannot be taken upon a condition, but if it be taken it is good: And by Fitzher∣bert, the Fee is in the stranger forthwith, before the Te∣nant for life dyes, otherwise it takes no effect, for this word (that then it shall remaine) referrs to the possession of the Lands; that is, that then the possession of the Land after the death of the Tenant for life should remaine; but if one let for life upon condition, that if he dye, &c. the remainder to a stranger, that is in him presently.

Plowdens Commentaries, fol. 487. Nichols Case; If a Lease be made upon condition, that if the Lessee pay cer∣taine Moneys within the tearme, that he shall have it in Fee, he hath no fee forthwith, but upon the payment; but it seemes, this varies from the remainder.

If a man makes a Lease for life upon condition, that if the Lessor dye without Issue, that then the Lessee shall have fee, the Lessee enters into Religion, and after the Lessor dyes without Issue, and after the Lessee is drawne out of Religion, he shall not have fee; in so much that at the time of the condition the fee could norvest in him.

21 H. 7. fol. 11. Gift is in taile upon condition, that if he alien in Fee, that his Estate shall cease, and that this shall remaine to a stranger, it is not good; for an E∣state of Inheritance cannot cease, also it cannot remaine without particular Estate, and it cannot be upon a con∣dition repugnant.

Where your Tenant hath the fee in him in expectancy, and not executed in him, and where it is executed in him.

A Lease to the Father for life, the remainder to the eldest Son in taile, the remainder to the right heires of the Father, the Father dyes, and the eldest Son dyes

without Issue, the youngest Son shall pray releife, and the Fee was but in expectancy, 40 Ed. 3. fol. 9.

A gift to three Brothers for life, the remainder to the middlemost in taile, the remainder to the right heires of the elder in Fee; the middlemost and the youngest dye without Issue, the Fee is executed in the eldest, 40 Ed. 3. fol. 20.

Tenant for life, the remainder to J. S. in taile, the remainder to the right heires of the Tenant for life, the Tenant for life is impleaded, and hath ayde of him in remainder, for that that the Fee is in expectancy, 41 Ed. 3. fol. 16.

Lease for life, the remainder in taile, the remainder to the Tenant for life in Fee, yet if he make waste, hee shall be punished in waste, for that he hath the Fee in ex∣pectancy, but not executed, Fitzh. fol. 60. B.

Gift in taile, the remainder to his right heires in Fee, this remainder is not executed, yet it is in him to grant, Perkins, fol. 19. 12 Edw. 3. the same, and 7 H. 5. fol. 2. the same.

Where one hath an Estate in taile, the remainder to his right heires, and is attaint of Felony, he shall forfeit the Fee, but the Issue hath the Estate taile, 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen, the Issue shall not have the Land intailed, 7 H. 8. fol. 48. Fitzh. fol. 30. B.

Notes

• Rastall, Treason 12, 19.