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.

Enquest.

FOR that, that you try your Copy-holders and other Issues by consent by Jury, let us see how many shall be sworn of a Jury.

The Statute of Westm. 2. chap. 13. is, that the Sheriff shall inquire by twelve and not by lesse, and the same Law shall be in Leet, and for that, that this Statute doth not extend to Court-Baron, Presentment of Articles there by lesse then twelve may be, for one may hold Court-Baron, though there be but two Suitors, and then they may in∣quire by two, of Articles for the Lord, but hard it is, when every one is inheritable to the Lawes of the Realme, and the triall of the Law is by twelve of Issue joyned between party and party, that by your not power, that is to say, that there should not be twelve Tenants of every Jury, to take from me my Triall, which the Law gives to me, and if you will try Issue by lesse then twelve, you may impannell three or foure of the Freinds to the parties, and to have no number certain under twelve, but to have such a num∣ber as the Steward pleaseth, and to be at his choise, how many shall be sworn of a Jury, and how many shall be im∣pannelled, is inconvenient where there are more within the Mannor to be impannelled, and 40 Ed. 3. f. 1. Where conusance is granted to one Court, to have conusance, if this Court faile, that it cannot make Law and Right, conusance shall not be in this case allowed, and for that that at the Exigent Bailiffs demand conusance, and shall not have it, for they cannot pronounce Out-lawrie upon that and in, Quare impedit, they shall not have conusance, for they cannot award a Writ to the Bishop, 42 Ed. 3. f. 3. Where one was out-Lawed conusance was demanded, and

could not have it, for that he could not award, Capias utle∣gatum there, and so it seems if there be not twelve to try the Issue they faile of power to minister Law and to do Justice, and Copy-holder may sue by Bill in Chancery, where there are not twelve homagers within the Mannor, or in action of of trespasse at the common Law, and the party ought to be admitted in the Lords Court, to the intent to bring tres∣passe at the common Law, and there Law is more truly administred then in Court-Barons, and also if any sue in Court-Baron for Copy-hold, he shall make his protestati∣on to sue in nature of his Writ at common Law, and the processe and proceedings shall be according to the course of the common Law, and they shall joyne Issue according to the course of the common Law; and there (Venire facias) is, that they shall cause to come twelve free and lawfull men according to the course of the common Law, and for that it seems that triall of Issues there between parties shall be by twelve and not by lesse.

And by Fortescue, fol. 54. & 57. (sworn together in the form aforesaid twelve good and lawfull men) so it ap∣peares by him that every Issue in every Court shall be try∣ed by twelve and not by lesse.

Enquest shall be by custome of the Realme between par∣ty and party, in a Court of Record, by twelve at the com∣mon Law, Doctor and Student, f. 14.

Verdict of 11 shall not be taken, 41 Ass. 11.41. Ed. 3. f. 31. & 29. Ed. 3. f. 33. accordingly.

Every Inquisition taken in the Sheriffs Turn shall be by twelve, and the same Law is said there in a Leet by the Equity of the Statute of 6 H. 4. fol. 3. Notwithstanding (seek) if less then twelve may try Issue between parties in the Court of a Lord of copy-hold or not, where there are not twelve within the Mannor, for it is held by some, that it shall be tryed by lesse, and I have seen a triall by three or foure. But I intend it is hard, and specially where there are twelve and more copy-holders within the Mannor, and al∣so it appeares in the Register, that an Action was removed out of the Court-Baron (because there were but foure Sui∣tors) and so I conclude, Issue for Copy-holders shall not be tryed by lesse then by twelve, 6 H. 4. f. 1.

18 H. 4. fol. 2 Charter of exemption that he shall not be Impannelled shall not be allowed unlesse a full Jury ap∣peare.

39 Ed. 3. Tit. 23 A Writ of not putting in Assises shall not be allowed in an Attaint, nor in a Writ of right.

21 Ed. 4. f. 53. If a man have a Charter of Exemption and that shewed to the Sheriff, and he notwithstanding, impannells him, trespasse upon the case lies against him.

Fitzh. 205. A. A Writ not to be put in Assises and Juries is founded upon the Statute of Westm. 2. chap. 39 and upon (Articuli super Chartas) which Statutes declare that persons shall not be impannelled, that is, who is sick, lame, and a∣bove 60. yeares old.

Fitzh. 266. Clerkes which have Lands by discent, or by purchase, shall be impannelled.

5 Ed. 3. f. 26. Presentment in Leet by foure and not by twelve, that one had dewelt within the Leet a yeare and a day not sworn, was traversed, but it seems if he were pre∣sented by twelve, it shall not be traversed, but if it were false, he shall have recovery by Writ of false presentment seek of this Writ.

45 Ed. 3. f. 26. Presentment in Leet that one hath dwelt there by a yeare and day and not sworn, shall be by twelve otherwise it is traversable.

3 H. 7.4. If there be not twelve to be sworn the Ste∣ward may sweare a stranger which comes within the view to be sworn in Leet.

The Lord may hold Court-Baron though there are but two Tenants, 23 H. 8. and 33 H. 8. and then two may pre∣sent Articles for the Lord, but where Issue is between party and party it shall be by twelve, for the (Venire facias) is twelve free and lawfull men, which is triall by common Law, and that seems, shall be the triall of Copy-hold Land, yet Fitzh. 41. in right shall be great Assise, that is, 24 of a Jury, and attaint shall be 24. but if in Court-Baron the (Mise) be ioyned to be tryed by great Assise, there shall go a Prohibition, &c.

Fitzherbart 107. C. Enquest of office, as in a Writ to inquire of waste, it may be inquired by six or eight, 2 H. 4. f. 7. & 3 H. 6. f. 29. the same.

13 H. 8. f. 13. Where a Lord of Parliament is arraigned, there shall be eighteen or twenty Lords of the Enquest, and they shall not be sworn.

20 H. 7. fol. 3. Jurors may drink after their Charge, and

before their agreement at their own proper charges, it seems their Verdict is good, for there doth not appear any corruption in them, nor that they drank for any corrupti∣on, for all drank together, and every one was in as good plight to resist as others are, &c.

19 Ed. 4. f. 6. After the Jury sworn, and before they enter into a House and before their departure from the Barr they drink by license of the Justices, and by the consent of the parties, and their Verdict good.

10 H. 4. f. 10 After the Jury was sworn the Plaintiff de∣livered a writing to a Juror without the Court, and he shewed that to his companions in the House, and the Jury gave Verdict, and he shall not have Judgment, 11 H. 4. fol. 17. the same Plowd. Com. fol. 519. the Jury gave a speciall Verdict and a Box of Barbaryes conserved, Sugar Candy, and Licorish was found with one J.M. one of the Jury af∣ter that he was departed from the Barr, J. M. was com∣mitted to the Fleet till he had paid a Fine, and the Verdict good, see, 8 Ass. 35. and 20 H. 6. f. 26.