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 by the Curtesie.

IF a married woman be Tenant after possibility of Issue extinct, and the Fee discends from her Ancestor, and she dies, it is held that the Husband shall be Tenant by the curtesie, 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7.

Husband discontinues Lands of his Wife, and takes an Estate again to them in fee, and hath Issue, and the Wife dies, then the Husband shall not be Tenant by the curtesie, 9 H. 7. f. 1.

If a man have Issue by his Wife Inheritrix, though she had Issue a Daughter before she inherited, yet he shall be Tenant by the curtesie, 21 H. 3. Title Dower 198.

If a woman Signioresse take her Tenant to Husband, and hath Issue, and dies, the Husband shall not be Tenant by the curtesie of Services, 1 Ed. 3. Tit. Dower 70.

A man shall not be Tenant by the curtesie, unlesse his VVife have possession in Deed of it, but of an Advowson and Rent, where she dyed before day of payment, he shall be Tenant by the curtesie, 21. Ed. 3. fol. 49. the same.

If the Issue be born living, notwithstanding that he dies before he be heard cry, the Husband shall be Tenant by the curtesie, for the Issue shall not be taken, if the Infant were heard cry after he was born, but if he were born alive or not, Perkins f. 89.

A man seised of Land in fee, is attaint of felony, his Wife shall loose Dower, but if the VVife seised in fee be attaint of felony, and hath Issue by her Husband, and she is hanged, yet the Husband shal be Tenanr by the curtefie, 21 Ed. 3. f. 49.

A man takes a VVife seised in fee, and hath Issue, he commits felony for which he is attaint, the King pardons him, it seems he shall not be Tenant by the curtesie, by rea∣son of the Issue which he had before his attainder, but if he had Issue after his pardon, it is otherwise, 13 H. 7. fol. 17.

If a man takes a VVife seised in fee, and she is attaint of Felony and hanged, the King shall have the Land forth∣with, if the Husband were not intitled to be Tenant by the curtesie, 11 H. 4. f. 19. b.

Daughter and Heire endows her Mother, and after takes a Husband, and hath Issue and dies, the Mother after dies, the Husband shall not be Tenant but by the curtesie of that, 8 Book of Affises 6.

3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband, and she dyes before the day of payment, the Husband shall be Tenant hy the curtesie.

Fitzh. f. 149. D. A man shall not be Tenant by the curte∣sie of Land of the VVife, unlesse the VVife have possession in Deed of that Land, if it be not in a special case, as of Ad∣vowson or Rent, where she dies before the day of pay∣ment of the Rent.