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.

And for that, that you ought to note, what custome ought to have lawfull beginning, as might take lawfull effect by Grants at the beginning, for if it be against common right and reason, it is not good; and for that you ought to regard these Grounds and Customes.

FIrst, That it be reasonable, 2 H. 4. tit. 10. And for that custome that no Tenant of the Mannor, put in his Beasts, to use his common in Feilds sowed, after the corne is taken off, till the Lord hath first put in his Beasts, is not good; for it may be the Lord will not put in his Beasts, and then the Tenants shall loose their profits.

Also that it be according to common right, 42 Ed. 3. fol. 4. Prescription of the Sheriffe, that the Tenants of the place, ought to give to the Sheriffe for easement, for reward at the Turne of the Sheriffe, halfe a Marke, and this is against common right, for every gift cometh upon his liberality, and at the will of the giver; and for that it is not good; and also saith, that the Sheriffe cannot prescribe.

Also that it be upon good consideration, 42 Ed. 3. fol. 4. In the case next before, where the Sheriffe prescribes, for that that there is nothing which toucheth the King, of which he is charged in account, it is not good, for there is no consideration: And as 5 H. 7. fol. 9. prescription, that if any pasture Sheep upon his Land by day, that hee may have Foldage of them in the night upon his Land, it is good, for it is with consideration.

And you ought to note, that prescription, custome, and usage, are as Brothers, and yet some thing they differ in their natures, for Prescription is, when by continuance of time out of memory, one particular person hath par∣ticular right against another particular person.

And custome is, where by continuance of time out of memory, one right is had concerning diverse persons; and usage is, by continuance of time, the efficient cause of them both, and usage is the life of Prescription and custome; for Prescription and custome have their being by usage of time out of mind, &c.

Custome or prescription that every one which breaks the Lords pound shall pay three pound nine pence, is not good against a Stranger to the Lord, but that every tenant which breakes the pound shall pay three pound nine pence to the Lord, is good, for the Lord may give the Tenements of his Tenant to hold by such, &c. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customes a∣foresaid amongst copy-holders.

Custome to prescribe to have used fold-gate in the night for pasture in the day, is good, for it is (one for a∣nother) and it is with common right, 5 H. 7. f. 9.

Custome that the Tenant of time out of minde, hath u∣sed to pay so much for the Marriage of his Daughter, is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary.

Custome or prescription against common Right, is not good, and for that, that it hath been used in Leet, that if the petty twelve present false, and the other twelve inquire of that, and finde that false, shall be amerced, is not good, the same Law for the Lord of the Leet, which hath no Land to prescribe to be Lord of Waste, 9 H. 6. fol. 44.

Custome or prescription of folding Sheep in the night gathered to the Fold, is not good, unlesse it be as above for their pasture, 46 Ed. 3. fol. 13.

Custome or prescription that one may keep the distresse till he be satisfied at his Will, is not good, for it is against common right, Lit. fol. 46.5. H. 7.9.

Custome or prescription, that one shall have the Land to plow and sow, and when the Corn is carryed, another may have that as his severall, is good, time of Ed. 2. Tit. pre∣scription, 55.

Custome or prescription to have Toll through, which is in the high-way is not good, for it is against common Right, but to have Toll travers, is good, 22 Book of Assise, 58.

Custome or prescription to have Warren in his Signio∣ry Lands is good, but not of Lands which are not held of him, 3. H. 6.13.43. Ed. 3.13. and see 44 Ed. 3.13.

Custome is good which is not against the Law of Reason nor the Law of God, as customes of Gavelkinde, and Bo∣rough English, and Doctor and Student, fol. 20. B.

Custome that every Tenant of the Mannor, ought to

pay two Markes for Releife, hold they more or lesse, is good, 40 Ed. 3. f. 6.

Custome that the Tenants of the Mannor time out of minde, have used to choose a Beadle for them, to gather the Lords Rents, is good, 44 Ed. 3. fol. 13.

Custome that none of the Town of D. shall put in their Beasts into the Feild after the corn taken off, untill the Feast of S. Michaell is a good custome of the Town, after 46 Ed. 3. fol. 24.

But custome that none shall put his Beasts into the Feilds after the corn severed and carryed, before the Lord put in his Beasts is not good, for paradventure the Lord will never put in his Beasts, 2 H. 4.24.

Custome of the Town of Barton, or of a Mannor, that a Wife shall have all the Land of her Husband for her dow∣er, or a halfe, or fourth part, is a good custome, 2 Ed. 4.17. and 21 Ed. 4. fol. 64. by Choke.

It is held that custome, throughout the whole King∣dome is common Law, and one cannot prescribe that it is a custome throughout the whole Kingdome, but it is a cu∣stome in such a City or such a County, 34 H. 8. Tit. custome 59.30 Ed. 3.25. 2 H. 4. fol. 18. custome of County, 21 Ed. 4.54.

Custome of the Town which is no Burrough nor corpo∣ration allowed there, but see, 4 Ed. 3.38. in a reasonable part, and see 21. Ed. 4. f. 53. and 54.40 Book of As. 27. and 45 As. 48. against the custome of the Villiage.

That he hath been by prescription the keeper of a Wood, and custome to have of every comer a measure of work, or three pence, and of every one which hath a Gate into the Wood, a Hen is a custome allowed, 11 H. 6.2.

Custome or prescription to have House-boote in the Lords Wood, is good, but not to have Wood to sell, 11 H. 6. f. 11.

Custome that within the Mannor of D. the Wife shall have the whole Land of her Husband in Dower, whilest he is unmarried, and if she marry, that she shall forfeit that, is good and allowable, 21 Ass. 11.

Custome that a Woman covert may demise and surren∣der her Copy-hold to the use of her Husband, this cu∣stome is not allowable; but custome that an Infant at his age of discretion may surrender his copy-hold, that is

good; but contrary of an Infant within age of discretion to make a surrender.

21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Mannor ought to Impound distresse▪ taken within his Mannor, in his Pound, is not good, for he may Im∣pound in his owne Land.

8 Ed. 4. fol. 19. Those which are Fishets in the Sea, may prescribe to goe upon the Land adjoyning to the Sea to Fish, for that is for the Common wealth, but to digg to fix the Stakes to dry their Nets, is against common right, and is not good.

21 Ed. 4. tit. 50. Custome to turne his Plough upon the head-land of another, is a good custome.

40 Edw. 3. fol. 9. Custome to pay to the Lord five Marks for Releife, and not more, hold he more or lesse, is good.

44 Ed. 3. fol. 13. Custome that the Tenants ought to choose a Beadle amongst them, to geather the Lords Rents, is good.

2 Mar. tit. Prescription, B. 100. Custome may be al∣leadged, where there is no person that may prescribe, as Inhabitants cannot prescribe, but alleadge custome there, to have Common in D. for one goes with the person and another with the place; and prescription with the person, by 21 H. 7. fol. 13. that is, That all the Tenants have used to pay after their death a Harriot, is not good, but that the Lord hath used to have after the death, &c. he may prescribe.

18 H. 8. fol. 2. Inhabitants, by Fitzherbart, cannot prescribe to have Common; but the Lord may prescribe for him and his Tenants, &c. of time out of minde, &c.

7 Ed. 4. fol. 24. It seemes that Inhabitants cannot pre∣scribe to Intercommon, because of Neighbourhood, but Inhabitants may prescribe to have easement; that is to say, That they have a way, or other thing of easement, but not to take profit.

12 Ed. 4. fol. 2. It seemes by Catesby, that the Inhabi∣tants of D. may prescribe, that they have used to pay but three pence for Toll.

18 Ed. 4. fol. 3. It is sayd, that the Inhabitants of D. cannot prescribe that they have used to have Common in

anothers Freehold, but that they have used to have a way, 15 Ed. fol. 28. the same.

40 Ed. 4. fol. 18. Schollers of Oxford, and Justices of Assise may prescribe to have principall of Houses, not∣withstanding they are not corporate, for that they are for the Common wealth.

26 H. 8. fol. 6. Parishoners may prescribe to choose two Church-wardens of a Church, every yeare, and good.

11 Ed. 4. fol. 2. Serjeants at the Law may prescribe that they have used to be Impleaded by Originall, and not by Bill, and so prescribe in usage.

20 Ed. 4. fol. ult. Officer which hath his Office at will, may prescribe, as Cheife Justice of the Bench, and other, which have used to give Offices.

22 Ed. 4. fol. 18. The Lord Chancellor of England, which is at will may prescribe in usage; that is, to present to all Benefices under forty Marks, which are in the Kings right; but he ought to prescribe in his Office; that is, that all Chancellors, &c. and so many Justices prescribe, 20 H. 6. fol. 9. the same.

12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate, &c. Have used and so forth, &c.