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.

Incidents.

A Man cannot dispence with a Suite to a Leet unlesse by speciall words, 8. Ed. 2. tit. 28

2. H. 7. fol. 4. Partition is made of foure Mannors which descend to foure coparceners, that every one shall have a Mannor except the Advowson, and by that the Advowson is ingrosse and severed, and if all dy but one, it shall be appendant again.

8 H. 7. fol. 1. By grant of a hundred, Leet passeth as In∣cident, for a Hundred cannot be without a Leet, for a Leet is parcell of it, and to a Mannor a Court Baron is Inci∣dent and to homage fealty, and to a Faire a Court of Pi∣pouders, and it seemeth these cannot be seve∣red.

Perk. fol. 22. Common appendant cannot be severed, nor Estovers to be burned in a House, but a Villian regardent may be severed, and an Advowson appendant and made in grosse, for an Incident inseperable cannot be severed by grant, as in the case next before, but Incidents seperable may be.

40 Ed. 3. fol. 22. Beasonable aid, to make his Son Knight or to marry his Daughter and releife, for soccage after the death of his Tenant cannot be released by generall words, therefore release of all actions and demands besides fealty and Rent by the Lord to the Tenant, shall not extinct these Incidents, the contrary is said, if it be by speciall words.

19. H. 8. tit. Incidents 34. Court-Baron is so incident to a Mannor and Court of Pipowders to a Faire, that they cannot be severed by grant, for if they grant the Mannor or Fair they cannot reserve such Courts.

7. Ed. 4. fol. 11. Lord and Tenant, the Lord releaseth to the Tenant the distresse, this is void, for the distresse is

Incident, the same of release of Fealty to him which holds by Homage, for Fealty is Incident to Homage and is in∣seperable.

26. booke of Assises 66 Lord and Tenant by Fealty, Escu∣age and Rent, and the Lord grants the Rent, this is Rent seek and severed, for Fealty remaines with the Homage as Incident to it, the same Law where a Rent is Incident to a Reversion, and yet these may be severed by speciall grant, 29. booke of Assises 20. the same, Littl. fol. 40. Where the Tenant holds by Homage Fealty and Rent, if the Lord grant the Rent, saving to him the Homage, this Rent is Rent Seck and severed, the same Law if he grant the Homage, saving the Rent, and where he holds by Rent and Fealty, and grants the Rent saving the Fe∣alty, or left for life rendring Rent, and grants the Rent saving the Reverson, the Rent is Seck.