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.

Attornement.

WHen any Mannour descends to the Lord, upon every descent to the Lord, it belongeth to the Steward at the first Court to make all the Tenants to make Fealty; and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that, and also to enter their Attornement and Seisin of Servi∣ces, to the end that the Lord may by this means distrain for his Services, and the Tenants may hereafter be better known to him, and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court, to the Ste∣ward or Purchasor, and not to his Servant in absence of the Lord.

For that something shall be said of Fealty, and where there ought to be Attornement, and where not.

IT is said, that the Tenant that hath made Homage to the Father, shall not make Homage to the Son, for that he hath once made Homage to his Lord, but yet he shall

make Fealty to the Son, though he have made it to the Father▪ but if the Mannour be recovered against the Fa∣ther which hath taken Homage, now he shall make Ho∣mage again, Littleton fol. 29.

If a Mannour be exchanged, yet there ought to be At∣tornement, otherwise the Lord cannot distrain for the Arrearages, Perkins fol. 47, 56, 58.

If one alien his Mannour by Deed indented of Bar∣gain and Sale, and inrolls that according to the Statute; that is good without Attornement, and the Lord may di∣strain for his Services, and the same Law is of a Rever∣sion so granted, * 1.1 but of a Grant by Fine it is otherwise, 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement.

If the King grant Reversion of Lands, or grant a Man∣nour to one and his Heirs, or otherwise by his Letters Pa∣tents, the Patentee may distrain or avow without Attorne∣ment, and he need no Attornement, 34 H. 6. fol. 7. Fitzh. fol. 60. J. & 6 Ed. 3. Tit. 13. Natura brevium fol. 171. ac∣cordingly, 12 Ed. 4. fol. 3.

Where a Mannour or Reversion is devised by Will in writing, that is good, and shall passe without Attorne∣ment, 19 H. 6. fol. 24. Littleton fol. 132. accordingly of De∣vise, where Lands were devisable by Custome, 34 H. 6. fol. 7.

The Lord may avow upon the Tenant by the Curtesie, and in dower, and upon him which recovered against his Tenant without Attornement, for they are in by Law, and need to have no Attornement, 36 H. 6. fol. 35.

If one have a Mannour delivered in Execution by ver∣tue of a statute Merchant, or an Elegit, he may avow without Attornement, 20 H. 6. fol. 7.

Where a Mannour Escheats, or the Lord have that as a Perquisite by his Villain, he may avow without Attorne∣ment, Littleton fol. 132. 34 H. 6. fol. 7. accordingly, and Fitzh. fol. 60. J.

If a man have a Common of Pasture to a certain num∣ber, or a Common of Estovers certain, and grants them over, these shall passe without Attornement, for that they are not to be taken by the hands of Tenants, but by the mouths of Beasts; and where no attendance nor pay∣ment is to be made by the Tenant, there the things may passe without Attornement, 31 H. 8. Tit. Attornement.

Where a man lets for forty years, and after lets the same Land to another, to have the Land from the end of the first Terme for twenty years, there need no Attornement, and contrary when he grants a Reversion, to have the same Reversion at the end of the first Terme for twenty years then next ensuing, there ought to be Attornement by Horewood, 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4.

A man lets a House for Life, and after grants the Rever∣sion of the said House, to have from the Feast of Saint Mi∣chael, next after the Death of the Tenant for Life, for 21 years then next following, this is go•••• without Attorne∣ment, for this passeth by (to have) the House as a Lease, and not as a Reversion; and also the Tenant for Life is not attendant to him, 3 Mary Tit. 69.

One lets for twenty years, and this Lessee lets that for ten years rendring Rent, and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stran∣ger, it behoveth that the Lessee for ten years attorne, otherwise it is if no Rent be reserved, 2 Ed. 6. Tit. 45.

If a man lets for ten years, and the same Lessee lets that to another for four years, the Lessor makes a Feofment to a stranger, by sufferance of the second Lessee, this is a good Feofment without Attornement of the first Lessee, 28 H. S. Tit. Feofments 68. B.

Two joint-tenants, and one release to the other, it is good without Attornement, 28 H. 6.

Then let us see what is good Attornement, and what not.

WHere a Reversion is granted, and the Tenant at∣torn by a Penny, it is good, for it an Agreement, 8 Book of Assise 25.

A man grants four divers Rents, and the Tenant at∣tornes by a Penny, this is good for them all, that is to say, for them all to distrain, but not for them all to have an Assise, for it is not Seisin, 22 Book of assise 66.

Attornement ought to be made by the Tenant in the life of the Grantor, for Attornement after is not good, 16 Book of Assises 25.

A Lease is made for Life; and after the Reversion is granted to one, and the Tenant for life surrender to him, this is a good attornement, 23 As. 18.

A man seised of two acres, or of two Mannours, lets one for years, and after makes a Feofment of both, and makes Livery of that in Possession, yet the other shall passe without attornement, 7 Ed. 4. fol. 20.

Where a Feofment and Livery is made of a Mannour, that one hath in execution by a Statute, this Livery is as an attornement, if the Tenant by Statute enter again, 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same.

If a man lets a Mannour for years, and after outs the Termor and enfeoffes another, and makes Livery, and the Termor re-enter, it is good without other attorne∣ment, 5 H. 5. fol. 12. the same, 9 H. 6. fol: 16. the same, Littl. fol. 130.

If a Feofment be made, and Livery also, and do not out the Termor, nor he attorne, it is not good, 5 Book of Ass. 1.17 Ass. 3.2 Book of Ass. 1. the same, and 21 H. 7. fol. 7.

If my tenant for life lets his Estate to another upon condition, for default of payment to re-enter, and after I grant the Reversion, and the first tenant attorns, this is not good, for he hath nothing at the time of the Grant of the Reversion, 8 H. 5. fol. 10.

A man lets his Mannor for life, and after grants the Re∣version of that to another, if the tenant for life attorne, it is good, and all the services of all the Free-holders of the Mannour shall passe without other attornement, 21 Ed. 3. fol. 34.

Payment of Rent is good attornement, 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Sei∣sin, 40 Ed. 3. fol. 34.

Where they are compellable to attorne, and where not, and what Tenants are compellable to attorne, and what not.

WHere a Reversion or a Mannour is granted, unlesse it be by Fine, there lies no Quid juris clamat to compell the tenant to attorne, but upon a Grant by Fine, and not upon a Grant of Reversion by Deed, Nat. brevium, fol. 170.

If a man alien his Mannour, he need not that the te∣nants at will attorne, and the same seems of tenants by Copy of Court-roll, Br. Tit. 44. Littleton fol. 125.

By Seisin by the hands of the tenant at will, the Lord by that cannot avow, 8 H. 6. fol. 65.

Tenant for life grants his estate to J.S. upon condition, and after the reversion is granted by fine, and the first Te∣nant for life attorns, it is not good, and he is not compell∣able to attorn, but J.S. 8. H. 5. fol. 10.

If I let for life, and after grant the reversion by fine, and after Tenant for life grants over his estate to J.S. yet after attorns, it is good, for he was compellable to attorn, and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61.

If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine, she is compellable to attorn and not, J.S. 10. H. 4. fol. 10.1. H. 4. fol. 18. the same.

If Tenant by the Curtesie grant over his estate, and af∣ter the reversion is granted by fine, Tenant by the Curtesie is compellable to attorn, 18. Ed. 3. fol. 3.

He which was Tenant, day of the fine levyed, though he hath granted over his estate, is compellable to attorn, 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same.

After a fine ingrossed and that delivered, the Tenant is not compellable to attorn, for a Quid juris clamat lieth against him, Fitzh. fol. 147. and 11. Ed. 3. Statham.

If I give lands in tail, reserving rent, and I grant that rent by fine, the Tenant shall be charged to attorn, other∣wise it is if I grant the reversion, for there he is not com∣pellable to attorn, 5. H. 5. Statham.

Where any person is not cempellable to attorn, and yet attorns, and their attornement good, and where not.

TEnant after possibility of issue extinct, is not compell∣able to attorn, and yet if he attorn, it is good, 43 Ed. 3. fol. 15.46. Ed. 3. fol. 13.

If Tenant in tail attorn it is good, and yet he is not com∣pellable to attorn, 3. Ed. 4. fol. 11.

If Donor grant the reversion of Tenant in tail, to an∣other in fee, if the Donee attorn gratis, it is good, and yet he is not compellable, 12. Ed. 4. fol. 3.

If a Lordship or Mannor be granted by fine, and after the Tenant which hold of that, makes a feoffment or is disseised, if the feoff••e or disseisor attorn, it is good, and yet they are not compellable to attorn, 18. Ed. 4. fol. 10.

If a man lets for 10 years, and the same lessee lets for four

years attornement of the second lessee is good, and yet he is not compellable to attorn, and clear is attornement of the first, for he ought to attorn, 28. H. 8. tit. feoffments 68.

If I let for life, and grant the reversion by fine, and after the grant, and before attornement, the Tenant for life lets over his estate to J.S. and he attorn gratis, it is good, and yet he is not compellable to attorne, 21 H. 6. f. 54. and 20. Ed. 3. Brook, Tit. 24.

Fine is levied of a Lordship, and before attornement the Tenant makes a feoffment, and after the feoffee attorns, this is good, and yet he was not compellable to attorn, but his feoffor was compellable, 18. Ed. 4. fol. 10.

Now let us see that the grantee by fine without attornement can∣not have action nor avow for rent, which is in lieu of act∣ion, nor have wast, but may have all other things, as entry for forfeiture, and have escheat and things in seisin, and take, and have aid.

WHere a reversion is granted by fine, the right pas∣seth, and for that Tenant for life shall have aid, though he make no attornement, 12 E. 4. f. 3.37. H. 6 fol. 5. the same, 35. H. 6. fol. 5.

Where a Mannor is granted by fine and Tenants do not attorn, the Lord cannot distrain for rent, but shall have es∣cheat of them, 10 H. 6. fol. 17.34. H. 6. fol. 7. the same, 20. H. 6. fol. 7.

The Lord grants his Lordship by fine, the grantee shall have such things, which lie in taking, as ward, but he can∣not avow for rent, Natura brevium, fol. 172.

Grantee by fine of a Lordship cannot distrain; but shall have escheat and ward, though there be no attornement. But if Tenant for life alien in fee, he may enter for forfei∣ture, Tit. fol. 130. B. p. 131. A.

Wast before attornement is dispunishable, but the gran∣tee may enter for forfeiture or seisure but shall not have wast before attornement, 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same.

Note that one cannot have an action without attorne∣ment, though the grant be by Fine.

Attorney in Court Baron.

THey that have tenements in divers Counties, and fear to be impleaded in a County, or in a Court Baron, may make a generall Attorney to prosecute for them in all Pleas, Westin. 2. chap. 10.

It is likewise provided, that every free man which oweth suite to the County Court, tything, hundred, or to the Court of his Lord, freely may make his Attorney, to follow his suits for him, so it appears that a Copi-holder cannot so do but by assent of the Lord, he may compound to pay a certainty yearly, to release his suit, and that which he hol∣deth he may freely by the Statute; and it seems that the making of an Attorney, ought to be by writing sealed, and not by word, Merton, chap. 10.

A Writ of making an Attorney or receiving, lieth in Court Baron, to make the Attorney to make suit, Fitzh. 175. B. there lieth an Alias, pluries, and an attachment, if he be not allowed, but Copi-holder shall not have that writ, Fitgh. 156. D.

One may make an Attorney to make suit personall, which is in a hundred or other Court Baron; but for suit Reall, at the Leet or turn of the Sheriff, he shall not make that by an Attorney, Fitzherbart, 25. C.

What action shall be sued in a Court Baron by plaint, and what not.

WHere one sues several plaints for five marks, the o∣ther shall have a prohibition. And Detinue of wri∣tings shall not be sued there, and if he doth, the other shall have a prohibition, 5. Ed. 4. fol. 128.

Where 20 l. is parted in severall plaints under 40s. Prohibition lies. Note there it is said. Supersedeas lies, and the Defendant there with safe conscience may wage his Law. But see 48 Ed. 3. Fitzherbart, fol. 46. A.

The Lord himself shall have debt in his Court Baron, for that that the suitors are Judges, time of Ed. 1. Tit. debt, in Fitzh. 177. 6 Ed. 4. fol. 3. Suitors are Judges there.

Debt or trespalle may be sued in Court Baron by plaint,

but that is where the debt or dammage is under forty shillings, that the Defendant in Trespasse plead his Free∣hold, or that the Plaintif is his Villaine, the Court shall cease, otherwise a VVrit of false Judgement lieth, and also it is good exception to the Jurisdiction of a Court Baron, to say that the contract was made out of the Mannor in a∣nother Town, 34 H. 6. fol. 53.

A man shall not have account in Court-Baron, nor in County, 43 Ed. 3. fol. 19.

Plea ought not to be removed in debt or trespasse from this Court, but where a Debt or Dammages amount above forty shillings or in replegiare, but I intend there shal not be a plaint in Replegiare in every Mannor, but in this Mannor where the Lord hath ancient authority by Char∣ter to make Replegiare, yet diverse seem the contrary, see Fitzh. Na. Bre. 14 H. 8. fol. 17.

Trespasse, Damages found eight pence in the common Bench, and the Plaintif recovers, but he cannot there count under forty shillings, and in Court-Baron he can-count above forty shillings, but under that, 19 H. 6. fol. 8.

That Debt and Trespasse shall be sued in Court-Baron Britton, fol. 61.

Detinue of Goods may be sued in a Court-Baron, 6 ••. 2.

Every stranger which comes within the Mannour may be sued there in Debt or Trespasse, under forty shillings, so that Debt, Detinue of Goods, and such actions perso∣nalls (except account) where the Debt or Dammages is under forty shillings, it is determinable in a Court-Ba∣ron by plaint there, 34 H. 6. fol. 53.

Trespasse (by force of Armes) doth not lye in a Court Baron, note that the contrary is used, 7 Ed. 4. fol. 23. Sherif in the County may hold Plea by Justicies of the great Summons, but Justicies shall not be in a Court-Ba∣ron for Justicies shall not be directed to the Steward but to the Sherif, and the Sherif is Judge in a Justicies and Of∣ficer to the Court, but so is not the Steward, 21 Ed. 4. fol. 79. Fitzh. fol. 139. F.

Note that Court-Baron hath no authority to hold Plea of Free-hold, and of that to give Judgment, for execution thereof that is a Dissesin to the Tenant, 22 Ass. 64. Glan∣vile 94. saith, No man is tied to answer in the Court of his Lord of a Free-hold, without the command of the Lord the King.

Right patent may be directed to the Lord to be tried in a Court-Baron, but it cannot be tried there by great Assise, but it seems it may be tried by Battell and if the Tenant ioyne Battell, the Lord may give day to try it, but Fitzh. fol. 4. E. saith, if the Lord will proceed or Issue is ioyned upon the great Assise, prohibition lies, and if Bastardy or any forrain Plea be pleaded, then they have no Jurisdiction in Court Baron, and if they proceed, Pro∣hibition lies. Time of Ed. 1. Tit. Droit. 45. 1 H. 6. fol. 7.

If plaint of Debt or Trespasse be sued there, and forrain matter is pleaded, it shall not be tried in Court-Baron, 1 H. 5. fol. 12.

If in a VVrit of Right patent in Court-Baron for Char∣ter Land, the Lord will not proceed to do right, the Deman∣dant may go to the Sherif and have a (Tolt) which is a command to his Bailif, that he take out the complaint and remove the Plea into the County, and after that also by a (Pone) in the common Bench, but the Tenant shall not have a (Tolt) but he shall have a (Recordare) with the cause, and the Demandant may have a (Pone) with∣out cause, Fitzh. fol. 3. F.

Note that a VVrit of Right patent ought to be sued in the Lords Court and not otherwhere, without the license of the Lord, Testimony of the King, by Letter or other∣wise, that he hath given license and then he shall have his Writ, because the Lord hath remitted his Court in the Common Bench, Nat. Brevium fol. 15.

None may distraine Free Tenants to answer of a Free∣hold nor of any thing belonging to the Free-hold, without the Kings Writ, Marleb. chap. 22.

Coppy-holders shall not be impleaded by the Kings Writ, but shall be impleaded in the Court of their Lord by plaint, in nature of what Writ they will, Lit. fol. 16.

Debt upon a Bill obligatory under forty shillings lieth in a Court-Baron.

Fitzh. 2. E. If a Right parent be sued there in Court-Baron, and forrain matter be pleaded there, or Issue joyned to be triod by great Assise, there shall go a Prohibition.

Fitzh. 39.6. The Tenant may have prohibition direct∣ed to the Sherif to prohibit Bailiffs of the Court where the

Mise is joyned in a Writ of Right upon the Grand Assise, unlesse Battaile were there offered.

Marleb. chap. 20. None except the Lord the King, shal hold Pleas in his Court, of false Judgement given in the Court of his Tenants, because these Pleas especially be∣long to the Crown.

Fitzh. 4. E. If a Plea be held there which ought not, a Prohibition lieth.

Fitzh. 47. b. Detaining of writings shall not be sued in a Court-Baron.

Fitzh. 139. D. If a man hold plea in County of Tres∣passe by force of Armes, the Defendant may sue a Superse∣deas out of the Chancery.

The same Law seems in a Court-Baron, 8 Ed. 4. Tit. Ju∣risdiction.

B. 215. See, Fitzh. 85. G. That trespasse shall be brought in Court-Baron and there see the forme of the Writ, but it is not by force of armes there.

Britton fol. 61. That Debt and Trespasse shall be sued in a Court-Baron.

Fitzh. 85. G. Trespasse Viscountile, there shall not be (by force of armes) in the Writ.

8 Ed. 4. Tit. 115. Trespasse doth not lie in a Court-Ba∣ron, (by force of armes) for a Fine shal not be set but in a Court of Record, and for that it shall not be there, (by force of armes) see Glocester, chap. 8.

22 Ass. 64. If one implead more in a Court-Baron with∣out a Writ and recover dammages, where I plead to the Jurisdiction, and the Court ought to be outed; yet if the Bailif make execution of these dammages by command of the Steward, he shall not be punished in trespasse, for he doth that which he ought to do, till it be defeated by false Judgment, but if it were (before not a Judge) it is void, and otherwise.

9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster, Durham, or Chester, is there (before not a Judge) otherwise it is there of recove∣ry of Lands in the (five Ports).

22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench, recovery there in these are void, see 7 H. 4. fol. 3. and 8 Booke of Ass. 32.

Glocester chap. 8. It is provided that the Sheriffs shall

plead in Counties the Pleas of trespasse also, as they were wont to be pleaded, &c.

13 H. 7. fol. 20. Waste, to plead in that is not good, for that that Land shall be recovered, and so in an (Eiectione firme,) and so it is in a (Collegendum,) they shall not be sued here, and by Fitzh. 220. H. Plaintiff shall recover his tearm and dammages.

Littleton fol. 60. If there be two Tenants in common for years, and one put the other out of possession, he shall have an (Eiectione firme) of his half, for that it is to recover a real Chattel. So it seems that shal not be sued here, nor an ejectment of Ward which is in the realty.

Fitzh. 220. H. Processe of outlawrie lies in an (Eiectione firme) and yet he shall recover his Land again, unlesse it be expired, and also his dammages.

Littleton 93. A Writ of wast is a mixt action, so is an Assise of novel disseisin, and a (Quare Impedit) and for that they shall not sue here.

Action upon the Statute of 8 H. 6. nor upon the Sta∣tute of R. 2. shall not be sued here, for that that they are given by Statute: but an action upon the case may be sued here if the dammages are under 40. s.

Notes

• * 1.1

  Rastall, Inrolment 2.