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.

Taile of Copy-hold.

EState taile may be of a copy-hold, and Formedon in descender may lye of that, that is to say, may sue plaint, and make protestation in nature of a Formedon in discender at the common Law, and good by all the Justices, for though a (Formedon in discender) were not given but by Starute, yet this Writ now lieth at the common Law, and it shall be intended that that hath been the custome time out of minde, &c. See Littleton fol. 14. Plaint in na∣ture of Formedon in discender, and also Littleton saith, that copy-holder is, where within the Mannour the Te∣nants within the same Mannour, have used time out of minde, to have Lands or Tenements to them, and to their Heires in Fee simple or see Taile, and though that the Statute of Westminster 2 chap. 1. is, That the will of the gi∣ver in writing should be observed (so that copy-hold is not within the Statute) yet in these Mannors, within which, time out of minde, they have been used to have Estates in taile in this Mannor, and not in others are Estates taile of copy-holds, 15. H. 8. tit. 24.

And now it is common usage, to cut of the Taile of co∣py-holdes within such Mannors where there is an Estate taile of copy-hold, by common recovery in the nature of a Writ of entry in the (Post) which after followes, and also by recovery in nature of a Writ of Right, and joyne the Mise as followes afterwards, and another way is to cut of the intaile, and that is by presentment, that the copy-hol∣der hath made a Lease by Indenture for divers years, or

other forfeiture, and then the Lord to seise for that, and to surrender to the Purchasor; and these two waies are allowed for good.

It is said that five grounds of Law in England is and hath been in diverse particuler customes, the which cu∣stomes, though they are against the generall customes of Law, yet they are in effect and are taken for Law; and so I intend that this custome of copy-hold Estate (for that, that it hath continuance by prescription) is good by the Law, that the copy-holder hath an Estate by custome and Law also, and that of that may be an Estate taile where that hath been used by prescription. Doctor and Student fol. 20.