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 taile.

Land is given to R. and Katharine and to their Heires, and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them, it is an Estate taile, 5 H. 5. fol. 6. Perk. fol. 35. a.

LAnd was given to one and to his Heires, if he have Is∣sue of his Body begotten, and if not, that the Land should return, it is an Estate taile, 35 Book of Ass. 14.

Land is given to one to hold to him and his heires, if he have an heire of his own flesh, and if not, it should return, it is an Estate taile, 37 Ass. 15.

Land is given to one, to have to him and the heires of his Body, and to one heire of the said heire only, it is and estate taile for two Discents at least, Plowdens Commen∣fol. 39. Book of Assises 20.

Gift to the Brother and to his Sister, and to the heires of their two Bodies begotten, is an Estate taile, that is se∣verall tailes, 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51.

Land is given to a married man, and to a woman mar∣ried to another man, and to the heires of their Bodies be∣gotten, they have an Estate taile presently, 15 H. 7. fol. 10.

If Lands be given to one, to have and to hold to him, and his Heires. And if it happen that he dy without heire of his Body, then it shall remaine, &c. It is an Estate taile, 5 H. 5. f. 6. and 19 H. 6. f. 75. the same.

Land is given to the Husband, and to his Heires of the Body of Margaret his Wife begotten, though that Marga∣ret were dead at the time of the gift, it is an Estate taile, 12 H. 4. f. 2. Lit. f. 6.

Lands was given to the Husband and his Wife, and to their heires saving the reversion, it is an Estate taile, 9 Ed. 3 Statham.

Lands were given to Maude, late the Wife of John Mandevill and to the heires of the said John which he be∣got of the body of the said Wife, the Wife hath an Estate for life, the Issue an Estate taile, 2 E. 3.7. & 17 E. 2. Tit. Fitzh. 23. Taile 7. & 23.

Where lands were given to one and his Heires, of his body begotten, before the Statute of Westm. 2. he had fee conditionall, and after Issue had, had power to alien, and now by the Statute they have taile, Lit. f. 3.12 Ed. 4. f. 3.19. Ed. 2. Tit. 61. and 18 Book of Ass. 5. the same.

A man gives to the Husband and his Wife for their lives, and the longest liver of them, the remainder to the Heires of their Body, this is a good intaile executed im∣mediately, 35 H. 8. Brook. Estates 75.

Lands are given in frank-marriage, to have to them and to their heires, it is said that they have Fee, but if it were given to them in taile to have to them and their Heires, they have taile and Fee expectant, 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh. Taile 25. it is adjudged taile.

If Lands be given to a man and his Wife in frank-marriage,

to have to him and to his heires, they have taile, for the frank-marrying shall not be defeated by these Words afterwards, 31 Ed 1 Tit 25.

Lands are given in Frank-marriage, the remainder over to a stranger, and for that it cannot be an acquittall, it shall be called speciall intaile, 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2.

Gift to one in taile, the remainder to his right heires, he hath taile and Fee expectant, 7 H 5 fol 2.

Lease is made for life, the remainder to another in taile, the remainder to E. Daughter of the Earl of Arundell, in taile, saving the Reversion, and all dye, and E. is heire to the Donor, and hath taile as Purchasor, but shee hath fee expectant, and she shall have aid; but not age if she be within age, for that, that the Fee is but in expectancy, 40 Ed 3 f 13.

24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies, the Issue cannot recover by Formedon, for the Warranty and Assets is a Barr, and if the Issue alien the Assets, his Issue shall not have Formedon, but his Issue shall have a Formedon, for no Assets discends to him.

35 H. 8. tit. 39. Land is given in taile to the King, and after the King by his Patent lets for yeares, or for life, and hath Issue and dyes, the Patent is voyd, for it is no dis∣continuance, Tit. Discent. 35. for a Grant without livery doth not make discontinuance.

32 H. 8. If Tenant in taile lets for yeares, and dyes without Issue, the Lease is voyd, and hee in remainder may enter.

5 Ed. 4. fol. 2. Tenant in taile shall not have a (Quo Jure) nor (Ne injuste vexes) for they are VVrits of Right.

14 Ed. 4. fol. 6. If one recover in a Writ of Right a∣gainst Tenant in taile, of a Rent, he hath Fee till he be defeated.

The same Law if tenant in tail be disseised, the disseisor hath fee till he be defeated, and so hath the discontinuee.

39 Ed: 3 tit: 18: Tenant in tail of a Lordship, by default of entry within a year after the alienation, of the land in Mortmain, may prejudice him in remainder in tail, and by consequence his issue.

Fitzherbert 224: Tenant in tail shall have a (Quod per∣mittat) Fitzherbert 136: shall have a VVrit of Mesne, Fitz∣herbert 151 O: shall have a VVrit of customes and services in the Debet and Solet, Fitzherbert 134 C, shall not have a VVrit of (Rationabilibus divisis) which is a VVrit of Right.

Fitzh. 10. D. The issue in tail shall not be estopped, by Seisin of more rent in the time of his father, and for that he shall not have a (Ne injuste vexes) but may avoid that in Avowrie.

Fitzh. fol. 9. If Tenant in tail hath Issue two Daughters, and one enters in all, the other shall have a Formedon, and not (Nuper obiit) nor (Rationabili parte.)

Fitzh. 39. If Tenant in fee of an advowson be disturbed, he shall have a Writ of Right of advowson: But Tenant in tail of advowson if he be disturbed, shall have a Quare Im∣pedit, and not a Right of advowson,

Fitzh. 105. S. If Tenant in tail be barred in a Formedon by false verdict, and after releases and dies, his heir shall have Attaint.

Fitzh. 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed, by which the land was gi∣ven in tail.

Fitzh. 155. If Tenant in tail lose by default, and dies without Issue, he shall not have (quod ei deforceat) but a formedon.

7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional, and now by the Statute hath tail, and for that shall not forfeit for Treason nor for Felonie, but that the Issue shall inherit; but by the Statute now he shall forfeit for Treason, Nat. bre: fol. 102. If tenant in tail be attaint for Felonie, his Issue shall inherit.

12 H. 4. f. 3. If tenant in tail forfeit his land, his Issue shall inherit, and yet his wife shall not be endowed, by Hank.

Litt. fol. 11. If a man be seised of land, and commits fel∣lonie, and after aliens, and after is attaint, his wife shall have a Writ of Dower against the Feoffee, by Navisor: But if it be escheated to the King or Lord, she shall have no Writ of Dower, see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony, for which he is attaint, the King shall have escheat for his life.

5 & 6 Ed. 6. cap. 11. VVhere the Husband commits high treason, the VVife shall not be received to demand her Dower.

Perkins fol. 61. If tenant in general tail takes a VVife, and hath Issue by the same VVife, and the Husband is at∣taint of felonie and dies, his VVife shall not be endowed, and yet by the Statute of Westm. 2. cap. 1. the Issue shall in∣herit.

Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land. But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint, convict, or outlawed of any misprision of treason, murther, or felonie, yet their VVives shall be endowed. But by 5 & 6 Ed. 8. cap. 11. it is otherwise of treason, as afore is said, see 5. Eliz. cap. 1. & cap. 11. 18 Eliz. cap. 1. for certain trea∣sons.

19 Ed. 2. tit. 61. Fitzh. Before the Statute of West: 1. after Issue had, tenant in tail hath power to alien, but not before Issue had.

4 Ed. 3. tit. 22. Fitzh. Land given in special tail, to have to them in fee, and if they die without Issue of their body, that the land shall revert, &c. this is adjudged a special in∣tail.

24 Ed. 3. tit. 4. Fitzh. If lands be given to two Husbands and their VVives, and to the heirs of their bodies begotten, it is held clearly that this is a several intail, that their Issues shall have several actions.

Littleton fol. 52. If lands be given to two men, and to their heirs of their two bodies begotten, the Donees have joynt estate for their two lives, and yet have several inheritances, that the Issue of one shall have one half, and the Issue of the other the other half, 8 book of Assise 33 the same.

30 book of Assise 9: by Shard, If the Ancestor at one time was seised of an estate tail, and after purchaseth in fee, and after charges the land and dies, and his issue enters, he shall hold it discharged.

18 Ed: 2 tit: 856. Lands given to one, and the heirs of his body to be begotten, is a good intail, and the issue before as after shall inherit.

4 Ed: 2 tit: 22: Lands given to the Husband and his VVife, and to the heirs of their bodies, to have to them and their heirs, and if they die without heirs of their body, that the land shall revert, and adjudged a special intail.

2 Ed. 4. fol. 6. Land is given in tail to be held of the

cheif Lords, it is a void (Tenendum) and shall hold of the Giver, 3 book of Assise 8. 4 H. 6. fol. 19.

27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license, the King may choose the giver or the to whom it is given for his Tenant; but if he take the ward of one, he shall not have the other.

5 H. 4. f. 3. Where lands was given to Eme, to have to the said Eme, and the heirs of the body of Iohn, late her Husband, the remainder to the right heirs of Eme, and for that the heirs of John were not named before the haben∣dum, he hath nothing, but Eme hath an intail, &c.

12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten, and though Eliz. was dead at the time of the gift, yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit.

Littleton 6. If a man have issue a Son and dies, and land is given to the Son, and to the heirs of the body of his Fa∣ther begotten, this is a good intail, and yet the Father was dead at the time of the Gift.

What Acts by Tenant in tail, shall bind his issue and others, and what not.

TEnant in tail, the reversion to the King, makes a feoff∣ment and dies, his issue enters, and is Tenant in tail, for he cannot discontinue: And 34. H. 8. chap. 20. If he suf∣fer common Recovery, or Voucher, where the reversion is in the King, this shall not bind the issue, 40. Ass. 36.

Fine levied by tenant in tail in possession, reversion, remainder, or in use, of full age, with Proclamation ac∣cording to the Statute of 4. H. 7. chap. 12. immediately af∣ter the Fine levied and Ingrossed, and Proclamations made, shall be a Barr against the Tenant in tail, and also against his heirs claiming the tail. But if Tenant in tail, the reversion in the King, levie such a fine, this is in such force and effect, as it was before the making of this Statute, and not otherwise, 32 H. 8. chap. 36. See 30 H. 8. tit. Barr the 97. Assurance 6.

Tenant in tail is bound in a recognisance, and execu∣tion is sued by Elegit, and this land intailed, is delivered in execution, and the Tenant in tail dies, after that his issue

may enter, notwithstanding this Act, without suing Audi∣ta querela, 38 book of Assisse 5.

Tenant in tail grants a rent charge and dies, the issue enters and enfeoffes I. S. and takes back an estate, the charge is determined, for by the entry of the issue, the rent was extinct, notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail, and not against his issue, 14 Book of Assises 4. Inquire and see the case of Trapps, Plow. Com. f. 436.

5 H. 7. f. 12. Rent charge is granted by Tenant in tail, and after he dies, this is determined.

If issue in tail be outlawed of felony, in the life time of his father, and hath a Charter of pardon in the life time of his father, and after the father dies, the issue may enter, otherwise it is if the Charter were granted after the death of the father, for then if he enter, the King shall seise for his life, but his issue may enter, 29 Book of Assises 60.

If Tenant in tail be bound in a Statute Merchant, and hath issue and dies, and execution is sued against the issue, this is disseisin to him, 17 book of Assise 21.

If Tenant in tail grant a Rent charge and dies, the Rent is determined, and shall not bind the issue, 5 H. 7. f. 14. B.

38 Ed. 3. tit. 13. Tenant in tail chargeth the land, en∣ters into a Statute or Recognizance and dies, it shall be void against the issue.

If one recover against the Tenant in tail, and the Te∣nant in tail dies before he which recovers enters, or hath execution, the issue in tail may enter, and is not bound by that, 7 H. 4. f. 17. B. Littleton f. 155.

Tenant in tail of a reversion, acknowledgeth that by fine to one with warranty, and dies, yet this shall not bind his issue, for it is no discontinuance by the Common-Law, 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Pro∣clamation is now a barr after the year.

Tenant in taile of Rent, grants that to one with war∣ranty, and dies, this shall not binde the Issue, for it is no discontinuance, but at pleasure, that is, if he bring a For∣medon, and then warranty with Assets is a Barr, 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same.

If the Tenant in taile exchange, or devise his land in taile and dies, this shall not binde the Issue, but that he

may enter, for it is no discontinuance, 9 Ed. 4. fol. 22.

Tenant in taile grants a Rent charge, for release of right in the Land, this shall binde his Issue after his death, 44 Ed. 3. f. 22. 8 H. 6.23.

If Tenant in taile be attaint of Felony and dies, that shall not bind the Issue, but that he may enter by the com∣mon Law, 12 H. 4. f. 3. Nat. Bre. f. 102. the same.

Tenant in taile of full age, lets for 21. yeares according to the Statute of, 32 H. 8. chap. 28. reserving the ancient Rent or more and dies, this is a good Lease, and shall binde the Issue.

If Tenant in taile let for 22. yeares and dies, this shall not binde his Issue, but he may enter and our the Lessee, but yet he may have covenant against the Excutors of Te∣nant in ta••le, though it were not warranted in the Inden∣ture, 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same

If the father Tenant in taile of land suffers recovery, and execution and dies, or cause collaterall warranty to he made, one or other shall binde the Issue untill, &c. for it is discontinuance, 3 H. 7. f. 13.

The Issue in taile in Formedon may falsifie a recovery, by default had against his Father, and also where it is by fained action, as there was a release made to his Father not pleaded, and so recovery joynt, Littleton fol. 155

The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinu∣ed, and took another intaile, and so was seised of another intaile, then he demanded time of the recovery, 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same.

The Issue in taile is not bound by recovery against his Father, if his Father were not Tenant, but one J.S. 14 Ed. 4. fol. 2. and fee Plowd. Com. fol. 1. the case of Man∣sell.

If Tenant in tail infeoffs one against whom a (Precipe quod reddat) is brought, or (an entry in the Post) and he vou∣cheth the Tenant in taile which made the Feoffment, and he over the common Vouchee, this double Voucher is the most sure conveyance to Barr the Issue, by reason of the recompence in value, and this is the common conveyance at this Day, where there is an Estate taile, and this barrs the Issue in taile forthwith, and also is a Barr to him, which hath over that in remainder in taile, by reason of the re∣compence,

which the first Tenant in taile hath by his Vou∣cher, 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28.

Recovery upon Voucher against Tenant in taile is a Barr, by reason of the recompence in value, and recovery by Writ of Entry, in the Post, by single Voucher, doth but give the Estate which the Tenant in taile hath in pos∣session, at the time of the recovery, so that if he were in of another Estate then in taile, there the taile is not bound against the Heire, 23 H. 8. Tit. 32.

Note that a Fine levied by Tenant in taile, where the remainder is to another in taile with Proclamations, if he dye without Issue, he in remainder hath five yeares to make his claime, and for that recovery is better for it is a Barr forthwith, 30 H. 8. Tit. Recovery in value 30.

Of Lands in taile, the Issue in taile shall be bound, and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King, as I take it, 33 H. 8. chap. 39. inquire.

Land that a woman holds in Dower of her Husbands, shall be charged where the Husband was indebted to the King, if the Heires or Executors have not sufficient, but where the title of Dower was before the Debt to the King, otherwise it is, Fitzh. fol. 150. Q.

It seems that the Heire in taile, shall be charged for Debt due in the Exchequer to the King, by his Father, if the Executors have not sufficient, Fitzh. fol. 117. C.

Notwithstanding, if Tenant in taile Debtor of the King in the Exchequer, dy, his Issue shall not be charged, as it is held in Plowd. Comment. fol. 249. See there, 440. For Debt of the King against the Heire in Fee, 32 H. 8. Tit. Discont. 32. Recovery against the Tenant in taile, the Re∣version or remainder in the King in Fee, shall binde the Tenant in taile, and the Issue in taile, but shall not binde the King, but now by the Statute of, 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter, see M. 33. H. 8. Tit. 31. Recovery in value. Seek if the Statute of, 34. & 35. H. 8. Provides for any Issues in taile, but on∣ly the Issues of the Donees of the King, for the Preamble speakes only of those, but the Statute is, whereof the re∣version or remainder, is in the King, and for that it seems every Issue in taile, where the Reversion or remainder is in the King may enter, but a Fine with Proclamation,

by such Tenant in taile, the Reversion or remainder in the King, seemes is not remedied by this Statute, but by, 32 Hen. 8. chap. 36. Where Reversion is in the King, is no discontinuance, for though the Heire in taile shall be barred by Fine with Proclamation, after Procla∣mation made, yet there is an exception in the Ststute, of those whereof Reversion or remainder is in the King, so that it shall not binde such Issue in taile, title assurance, 6. see, 4 H. 7. chap. 24.

37 H••••. Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land, for he doth not claime only as Heire but by the Statute, and by the form of the gift, see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands, Com. f. 237.

27 H. 8. f. 6. If Tenant in taile sell Trees and dies, and after he that hath bought them cuts them, trespasse lies, but if they be cut in his life time, it seems the Buyer may take them.

18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies, and his Issue enters, and the Conisee outs him by execution, which is an act of Law, he is a Dis∣seisor.

Plowd. Com. f. 235. before the Statute of Westm. 2. he had but an Estate of Inheritance and that was Fee, but this was in two manners absolute and conditionall, and Formedon in Reverter was at the common Law, and Formedon in Re∣mainder by the Statute.

1 H. 4. f. 6. If Tenant in taile by Estoppel, or livery suing, holds of the King and dies, his Issue shall not be Estop∣ped.

43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile, puts him during his life out of pos∣session, but not his Issue.

38 Ass. 5. Tenant in taile is bound in Recognisance, and Execution is sued by Elegit and this Land delivered in ex∣ecution, and after the Tenant in taile dies, his Issue may enter without suing, Audila querela.

17 Ass. 21. If Tenant in taile be bound in a Statute, and hath Issue and dies, and after execution is sued against the Issue, this is disseisin to him and he shall have Assise though he comes in by processe by Law.

14 Ass. 3. It seems if Tenant in taile be bound in a Statute and dies, and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee.

35 H. 8. fol. 38. If the King gives in taile by his Letters Patents, and after the Donee surrenders the Letters Pa∣tents to the King, the taile by this is not extinct.

38 H. 8. Tit. 39. Land is given in taile to the King, he is Tenant in taile and cannot have greater Estate then the giver will depart to him, and if the King let for yeares or for life, or make a Feoffment in fee, and hath Issue ••nd dies, the Issue may enter, for this is no discontinuance.

Notes

• Rastall, Recove∣ries. 4.
• Rastall, Proclam. 3.
• Rastall, Fines 9.