Jurisdictions, Part 113
Seiſin.
Seiſin of the Guardians veſts Free-hold in the Heire, and Chattell in the Guardian, and Seiſin of the Lord of parcell ſufficeth to have ward, but not to avow for all, and ſee what Seiſin is materiall.
WHere by Office one is found in ward to the King, that ſettles the profits in the King, and the Freehold in the Heire, 1 H. 7. fol. 6. and 42 Ed. 3. f. 4.
Seiſin of the Ward, is Seiſin of the Son within age; ſo that if he dye without other Seiſin, the Daughter of the halfe blood ſhall not have this Land, 8 Book of Aſſiſes 6.
Poſſeſſion of the Guardian is poſſeſſion of the Heir, for if the Guardian be outed, the Heire ſhall have Aſſiſe without other Seiſin, 2 Ed. 4. f. 5.
Though the Free-hold be in him which is in ward, yet if he (being in Ward) cut the Trees of his Land in Ward; the Lord may have treſpaſſe againſt him, 5 H. 4. fol. 2.
If the Tenant holds by Homage, Fealty, and Rent, and the Lord hath been ſeiſed of the Rent, but not of the Homage within memory; yet this ſufficeth to have the ward, 6 Ed. 6. Tit. Ward 122.
If the Tenant hold by Rent and Knights Service, and the Lord and his Anceſtors have been alwaies ſeiſed of the Rent, but not of the Homage, Eſcuage, not of the ward, yet if the ward fall: The Lord ſhall have the Ward of the Heire by Seiſin of the Rent, for the Seifin is not traverſable, notwithſtanding, otherwiſe it ſeems to make avowrie, 7 Ed. 6. tit. 69.
13 H. 4. Seiſin of Homage without Eſcuage is ſufficient to have releife for avowrie.
22 Ed. 3. Tit. 90. Tenure B. By the Seiſin of Eſcuage, the Lord may diſtraine and make Avowrie for Homage.
27 H. 8. fol. 25. Avowrie for Fealty and Rent, and Iſſue upon the Tenure, Seiſin of the Rent is not good evidence, nor Seiſin of Suit of Court, for it is another thing that the Avowrie is made for.
44 Ed. 3. f. 11. Seiſin of Fealty is not iufficient Seiſin to have Aſſiſe of Rent, but ſufficient Seiſin to make Avowrie for all, 45 Ed. 3. fol. 23. the ſame
Seiſin of Eſcuage nor releife, ſhall not be traverſed, and for that where one avows for Homage, Fealty, Releife, and Eſcuage, it is no Plea that he was not ſeiſed of Eſcuage, nor of releife, for paradventure Eſcuage is not aſſeſſed by Parliament within memory, 13 H. 4. f. 6.
Where one holds by Fealty and Rent, If the Lord were ſeiſed of the Rent, it is ſufficient to avow for all, ſee 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Iſſue was upon the Tenure.
Where one holds by Fealty and Rent, Seiſin of Fealty is ſufficient to avow for all, 45 Ed. 3. f. 28. & 44 Ed. 3. f. 10. See, 27 H. 8. f. 24.
Seifin of parcell of Rent is ſufficient to have Aſſiſe of all, 8 Book of Aſs. 4.
But if one hold by Fealty and Rent, Seiſin of Fealty is not ſufficient to have an Aſſiſe of Rent, Nat. Bre. fol. 109.
If one hold by Fealty, and Rent, Seiſin of Fealty is not ſufficient to have an Aſſiſe of Rent, Abridg. Book of Aſs. fol. 16.
Seiſin of Rent by the Predeceſſor of a Parſon, &c. Of a corporation, if it be gainfaid to the Succeſſor, it is ſufficient to have an Aſſiſe of this Seiſin, Fitzh. fol. 179. C.F.
Seiſin of Fealty is not ſufficient to have Aſſiſe of Rent, 20 H. 3. Tit. Avowrie 433.
Where one holds by Fealty, and ten ſhillings Seiſin of parcell of the Rent ſufficeth to have Aſſiſe for all. Inquire time of Ed. 1. Tit. Avowrie 229.
One may avow for releif, without alleadging any Seiſin of it, 20 Ed. 3. Title.
One may have Eſcheat and Ward before that he be ſeiſed of the Services, 11 H. 4. f. 16.
Where one avows for that, that the Plaintiff hath common in his Land, and hath uſed to pay to him ten ſhillings, and hath uſed to diſtraine for that, it is not good without alleadging Seiſin of that Rent, 26 H. 8. fol. 6.