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.

Defendant upon a generall Issue, if by evidence he acknow∣ledges that he did the wrong, and justifies it, and gives matter which goes to discharge him of the act by Justifi∣cation, this evidence is not good, but he ought to have pleaded that.

TRespasse, not guilty, and evidence that the property was to J.S. and that he, as servant, and by his com∣mandement

took them, it is not good, for he acknow∣ledgeth by the evidence, that he made the trespasse, and justifies that, 25 H. 8. Generall Issue, 81.

Waste, No waste made is pleaded, and evidence that the Plaintiffe let to him the House and Land by Deed, and granted to him by the same Deed, that he might cut Trees to repaire that, it is no good evidence: The same Law in Debt, he owes him nothing, and evidence that the Plaintiffe hath released that to him: The same Law in Trespasse of Battery, not guilty, and evidence that he did that (in defending himselfe) it is not good: The same Law in maintenance, not guilty, and evidence law∣full maintenance, it is not good, for these matters in e∣vidence are justifications, which goe in discharge of the party, and not by title, but by Justification, 12 Hen. 8. fol. 1.

Trespasse, not guilty, and evidence that he had a Close adjoyning, that the Plaintiffe ought to inclose, and for not inclosing they enter, it is not good, for it is contrary to (not guilty) and is a Justification, 19 H. 8. fol. 6.

Trespasse, not guilty, and evidence that it was the free∣hold of J. S. and that he licensed him to enter, by ver∣tue of which he entred, it is not good, for it is Justification, 4 Ed. 4. fol. 5.

Trespasse of Battery (not guilty) and evidence that it was made in his defence, not good, 11 H. 4. fol. 63.

25 H. 8. Br: tit. Generall Issue, 81. In Assise or Tres∣passe, if the Defendant pleads no wrong, or not guilty, he cannot by evidence intitle a stranger, and justifie by his commandement: So for Common, Rent service, Rent charge, or justifie by license, these ought to be pleaded, and not given in evidence; contrary of a Lease for yeares.

34 H. 8. Title, Generall Issue, 89. Debt upon an Escape out of execution, Defendant cannot say that escaped not, and give in evidence that he was not arrested, for that is in Plea.

27 H. 8.21. By Fitzherbart and Shelley, in Debt upon the Statute of 21 H. 8. against a Vicar for taking Farmes, the Defendant saith, that hee neither had, nor kept to farme, against the forme of the Statute; he may give e∣vidence that he took that for maintenance of his House,

by the Proviso in the Statute, notwithstanding ••awdwe•• denyed it.

20 H. 6. fol. 24. Debt upon arrearages of account, the Defendant saith, hee oweth him nothing in manner and forme, and gives in evidence that there was no such ac∣count, and by Newton it is good, and yet he might have pleaded no such account.

22 H. 6. fol. 56. Debt against Abbat for borrowing, he may account generally, that the ten pounds borrowed came to the use of the House, and give in evidence how, as in buying of Bread and Drink.