Jurisdictions, Part 125
Suit.
OF making Suit truly, &c. none that by Deed is infeofted &c. doth not make Suit to Court, unleſſe it be ſpecified in the Deed, unleſſe he and his Anceſtors have uſed to make it, and if he be diſtrained to make it in another manner, it is againſt the form of the Feoffment, and where the writing is, to hold by certaine ſervice, for all ſervices as to hold by Fealty for all ſervices, ſhall make no ſuit. Marlb. chap. 9.
And over, Raſtall, Suit. 1.If the Inheritance, hath more heires, let it be appointed, that he that hath the eldeſt part, ſhall only make ſuit for himſelfe, and partakers, and let them contribute, the ſame Law is of Joynt-Tenants, Marlb. chap. 9. Fitzh. 162. C.
Where two Coparceners make partition, and one aliens her part to one, and the other he… part to another, the Lord may diſtraine which he pleaſeth, but if one make the ſuit, that ſhall diſcharge the other, 24 Ed. 3. Tit. Br. 4.
By Tremaile it is ſaid, that ſuit reall is due by reaſon of the Body, that is for that, that the Body is reſident within the precinct, and not by reaſon of Free-hold, and this is due at the Courts Royall, as at the Courts of the King or Queen, as at Leets and VVapontakes, which are the Courts of the King or Queen, and ſuit ſervice is by reaſon of Free-hold, that is, by reaſon of their Tenure, that is, for that they hold of their Lord by ſuit to his Court, 45 Ed. 3. f. 23.
If a man have lands within the Precinct of divers Leets, and be reſident within only one, he oweth Suit but to that, and if he be diſtrained to come to another Leet, he ſhall have a ſpeciall Writ that he ſhall not diſtraine him, and that is by, Marlebridge chap. 10. Fitzh. f. 160. B.
If there be three or foure Coparceners and the eldeſt makes the Suit, ſhee ſhall have a Contributione facienda, Raſtall, County 2.againſt the others, to be Contributaries; the ſame Law is, where one Joynt-Tenant makes the Suit for all by agreement, Fitzh. f. 162. C. and 1 H. 4. f. 3. A.
If there be two Coparceners, for which one Suit ought to be made, and the eldeſt Siſter will not make the Suit, then the Lord may diſtraine the other Coparcener, as well as the eldeſt; and then ſhe ſhall have a Writ againſt the eldeſt Siſter, to compell her to make the Suit, Fitzh. f 159. E.
Fitzh. 159. C. If lands diſcend to many Coparceners, of which one Suit ought to be made, if the Land be held of the King, then all the Coparceners ought to make the Suit, as well after partition▪ as before, during the time that one is in the Kings Ward: The Signiory is ſuſpended of another Lord, which cannot diſtraine. And ſo during the time, cannot diſtraine for Suit to the Lords Court, 13 H. 7. f. 15. Fitzh. f. 158. C.
Fitzh. 158. Where the Tenant holds his Land to make Suit to the County-Court, or to the Hundred, or other Court-baron, wapontake, or Leet, and he that ought to make the Suit is in ward to the King, or to his Committee, his Guardian ſhall have a Writ, De exoneratione Secte, if he be diſtrained, Fitzh. 157. a.
And if he do, the King or the Committee ſhall have a Writ of Exoneratione ſecte, to ſurceaſe, Fatzh. 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for ſuit to the Court, 4 Ed. 4. f. 23. and ſee 20 Book Aſſ. 17. that the Signiory is ſuſpended for the time.
Where one in ward of the King, and oweth ſuit to another Lord, which diſtraines him, the King or his Committee may have a VVrit of Exoneratione ſecte, during the time that he is in ward, Fitzh. 158. a.
If the King hath Lands by Forfeiture, or by Eſcheat, and lets them for life or at will, and the Lord of whom they are held will diſtraine for ſuit to his Court, the Leſſee ſhall have a ſpeciall VVrit to ſurceaſe, Fitzh. f. 159. A.
If Lands held of the King diſcends to many Coparceners, then all the Coparceners ought to make the Suit, as well after partition as before, Fitzh. f. 159. C.
If Tenant of the King alien parcell of the Land held of him, yet the King or his Officers may diſtraine one of the Tenants for all the Rent, for though Weſt. 3. chap. 3. be that the Feoffee ſhall hold for that part, that the Statute ſhall not binde the King, but another perſon cannot diſtraine, but for the rate, Fitzh. f. 335. a.
But I ſay, if one holds two Acres by ſuit of Court, and aliens one Acre, the Feoſtor and Feoffee ſhall make both ſuites, 43 Ed. 3. f. 4. b.
If two are ſeverally infeoffed by one Tenant which holds of one Mannor, of the King, every of them ſhall make ſuit, 45 Ed. 3. Tit. Barr 211.
Suit by two is not ſeverable, for if the Lord purchaſe parcell, the whole ſuit is extinct by Mowbray, 40 Ed. 3. fol. 40. fee Littleton. fol. 49. for ſuit cannot be apportioned, for that, that there cannot be contribution, for the Lord cannot, &c.
VVhere one holds forty Acres by Fealty and Rent, and the Lord purchaſe twenty Acres of that, the Rentin Aſſiſe ſhall be apportioned, 4 Book of Aſſ. 5.3. Book of Aſſ. 18. Littleton f. 49.
Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent, and theſe ten Acres come into ſeverall hands, the Lord may diſtraine every one but for his portion, by Weſt. 3. chap. 3. for that is, there ſhall depart from the cheife Lord that part of the ſervice to be taken by the hands of the Feoffee, according to the quantity of the Land.
Rent ſervice ſhall be according to the value of the land purchaſed, and not according to the quantity, 18 E. 2. tit. Raſtall, Attorney 4.Avowrie 218.
Lord and Tenant, and is ſeiſed of two Courts, that is, one in D. and another in S. and the Tenant holds of the Mannor of D. by ſuite to this Court, and by agreement of the Lord, the Tenant makes his ſuit to the Mannor of S. aſter that the Tenant cannot have, againſt the form of the Feoffment and diſagree, but the Lord may diſagree and diſtraine him to come to his Court of D. againe when he pleaſeth, though it be that he hath come to S. by the agreement by forty yeares or more, Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the caſe 24.
Partition is between two Coparceners of a Mannor, that is, that one ſhall have the Demeſnes, and the other the Services: Suit of Court is ſuſpended, but if one dies without Iſſue, the ſuit is revived, 12 H. 4. f. 25.
If land be held by ſuit, and parcell of that comes to the Lord, the intire ſuit is extinct and determined, for the Lord cannot make contribution of ſuit to his own Court, nor take that, 34 Aſſ. 15.Raſtall, Attorney 1.
Every Free-man, freely may make an Attorney, to follow his ſuits for him to his Lords Court, Merton chap. 10. and Fitzh. f. 156. E.
Contra formam Feoffamenti lies, Where a man infeoffs another before the Statute of (Qua emptores terrarum) to hold of him by Homage, Fealty, and Rent, by Deed, and after he will diſtraine for ſuit or other ſervices to be made by him, and none ſhall have this Writ but the Feoffee, or his heires, Fitzh. 162. E. Nat. Bre. f. 106.
If the Lord confirm the Eſtate of his Tenant to hold by certaine ſervice, the Tenant ſhall have a (contra formam Feoffamenti) upon this confirmation, 10 H. 3. tit. avowrie 243. & 26 Ed. 3. tit. 246.
Note as it is aforeſaid, that ſuit of Court is not incident to a Tenure, but is due by Formam charte, or by preſcription, as before the ſaid Statutes, Lords are to diſtraine every Tenant to make ſuit to their Courts, and that ſuit is called ſuit ſervice.
If a man ſeiſed of two Acres held by one Hauke, makes a Feoffment of one, the Feoffor ſhall hold by one Hauke, and the Feoffee by another, Littleton fol. ſo ſhall it be of ſuit of Court, Brook Tenure 64.
Tenant in Dower ſhall not make Suit if the Heire have ſufficient land to be diſtrained, Naturae Brevium fol. 159. B.