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.

Assise.

IN so much that an Assise is brough of a Copy-holder, some thing is to be noted to you touching Assises.

And first I intend, That if a Copi-holder of Inheri∣tance dyeth seised of a Copi-hold, and his heire enter (as he may) though there be no Court kept, and he not admitted, and be outed by a stranger of that diss••isic, he shall have a Plaint in nature of an Assise. Seek, for it is 13 Eliz. by the Justices, If Tenant by Copy of Court Roll, dye seised, and his heire enter and take the profits, he is no trespasser, though the Lord hath not admitted him Tenant; and though no Court were held there in seven yeares; and further there said, that it was adjudg∣ed in the Chancery, That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women, and they enter and take the profits, and one dyes before any Court held, now her Cozen collaterall ought to Inherite as heire to her, and not the other Sister as heire to the Father, which proves that this was a seisin according to their Custome: The same Law is if a Copl-holder be admitted, and after is thrust out by another, or if ano∣ther be admitted to it, and by this, he that was first ad∣mitted is thrust out by him which was secondly admitted, the first Admittee shall have a Plaint in nature of an As∣sise of that disseisin.

Plowden, Com. fol. 528. Parson before Induction, can∣not grant an anuity, for he hath no possession; so it seems if a Copi-holder dye seised, his issue shall not have an Assise before admittance, Fitz. 177. a. Where Tenant for life; in Fee simple, or Fee taile, is disseised of his Lands and Tenements, or outed of that against his will,

this is disseisin, and he shal have an Assise of novel disseisin, Nat. brevium, fol. 107.

Fitz. 195. c. Where my Father or my Mother, my Brother or my Sister, or my Unkle or my Aunt, or Ne∣phew or Neece, dye seised of any Lands or Tenements or of Rents, of an Estate of Fee simple; now if a stranger take possession of this Land or Rent after their death, I which am their heire shall have an Assise of Mortdancester, Nat. brevium, fol. 118.

So for a Copi-hold in Fee, If my Father, Mother, Brother, or Sister, Unkle, Aunt, Nephew, or Neece, dye seised of that, and a stranger enters, I shall have a plaint and make protestation to Sue in nature of a Mortdancester, and upon disseisin as above, in nature of an Assise of novel Disseisin; and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court, unlesse I be Tenant to the Lord, and that is where I am admit∣ted, for by the admittance of the Lord, it shall be said (The Lord hath granted seisin, and he is admitted Te∣nant:) And by this he is Tenant to have an Assise, and not before, yet before he may take the profits, though there be no Court to he admitted, for it was no folly in him, but may have his action at the Common Law, upon the possession of his Ancestour, which was admitted, though I were not admitted: And so where my Father dyeth seised of a Copi-hold in Fee, and I am admitted, and after another makes claime to it, and is also after∣wards admitted and enters, he cannot have a Plaint in nature of an Assise of novell disseisin against me, for 26 H. 8. fol. 3. If one he admitted, instituted, and inducted, to a Benefice, and after another be presented, and outs him, he shall have an Assise or a Trespasse, but he presented cannot.

And so if there be Grandfather, Father, and Son, and the Grandfather was admitted, and dyes, and the Father enters, and dyes before admittance; the Son in this case shall have a Plaint in the nature of a Writ of Ayell, and not an Assise of Mortdancester. And by the Statute of 32 H. 8. chap. 2. it is Enacted, that no person shall sue, have, or maintaine any action for any Lands or Tene∣ments upon his owne possession, above thirty yeares next before that began. If the Lord of a Mannour grant by

Copy, the Tenements of a Copi-holder, without lawfull cause in Fee, or for life, and the Grantee enter, hee which hath right, may have an Assise against the Grantee if he were first admitted: As the King by his Letters Pa∣tents, grants to another my Land, and the Patentee en∣ter by force of this Grant, I shall have an Assise: If a Copi-hold discend, the heire shall have a trespasse at the Common Law before admittance, as above.