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 Frank-marriage.

GIft was to the Husband and his Wife in Frank-marri∣age, and this may be as well after the marriage as be∣fore, 4 Ed. 3. Title Taile 6. Perkins fol. 48. C.

If a gift be made with a woman in Franke-marriage, which is not Cozen to the giver, this is but for life. Old Tenures.

Gift in frank-marriage with the Son of the giver, his Cozen is no frank-marriage. Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case, seems contrary.

Gift in frank-marriage, (within the yeares of Marriage) with a Daughter, and they were divorced at full age, at the Suit of the Husband, yet the Daughter shall have all, for she was the cause of the gift, 19 Book of Assise 2. 19 Ed. 3. Title Assise 83.

If a gift be to the Husband and his VVife in taile, and they are divorced, it seemes that they have not now but a freehold, and though that they have Issue before the Divorce, that shall not inherite: But if a gift in tayle be made to two men, or to one man and his Mother, or Daughter, and to the heires of their bodies, their severall heires of their bodies shall inherite, for that that they cannot marry, 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning.

Gift in Frank-marriage, rendring twenty shillings rent, this reservation is void, 4 H. 6. fol. 22. by Martin: But

the old Tenure is contrary, tit. Frank-marriage, and 17 Ed. 3. fol. 66. also contrary.

If a gift be in Frank-marriage with his Cozen, ren∣dring Rent, this is Intaile, and not Frank-marriage, and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver, this is but for life: See before, the 45 Ed. 3. fol. 20.

If a man give in Frank-marriage, rendring Rent, the reservation is voyd, till the fourth degree be past, 26 Book of Ass. 66.

Land was given to a man and his Wife in Frank-mar∣riage, to have and to hold to the Husband and his heires, and adjudged they have taile, and not Fee, for the frank-marriage shall not be defeated by words afterwards, 32 Ed. 1. tit. Taile 25.

Reversion was given with his Daughter to one in Frank-marriage, and is good, 26 Ed. 3. tit. 27. Taile.

Gift is made with Agnes his Daughter to A. in Frank-marriage, and after A. marries Agnes and dyes, and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage, and both are Frank-marriage, 31 Ed. 1. tit. Taile 30.

Gift in Frank-marriage, the remainder to J. D. in fee, is not good, for there cannot be an acquittall, where re∣mainder is given over: Time of H. 8. tit. 11.

19 Ed. 3. tit. 1. If Lands be given in Frank-marriage (to have) for their lives, the (To have) shall not a∣bridge, but inlarge the Estate, and for that is is Frank-marriage.

2 E. 3. tit. 94. One gives Land to A. with Alice his Daughter in Frank-marriage, to have and to hold to the aforesayd A. and his heires, and it seemes Frank-mar∣riage.

13 Ed. 1. tit. Formedon 63. I. gave R. and Alice his Daughter, Lands in Frank-marriage, to have to the a∣foresaid R. and Alice and their heires, or to whom he will assigne it, and the sayd R. did beget no heire of the sayd Alice, nor the sayd R. and A. did not assigne it to any in their life time, and it seemes that after the death of R. and A. without Issue, the Land ought to revert to J. See 45 Ed. 1. fol. 20.