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.

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Title
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.
Author
Kitchin, John.
Publication
London :: Printed by T: Roycroft, for M: Walbanke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple,
1651.
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Subject terms
Courts baron and courts leet
Courts of special jurisdiction -- England
Pleading -- England
Writs -- England
Real property -- England
Link to this Item
http://name.umdl.umich.edu/A87798.0001.001
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A87798.0001.001. University of Michigan Library Digital Collections. Accessed October 31, 2024.

Pages

Evidence which is contrary to that in Issue, or which is not answerable to the matter in Issue, is not good.

NOthing passed by the Deed, and evidence that it is not his Deed, is not good, for it is contrary to the Issue, and to that which he acknowledged in his Plea by Implication, 5 H. 4. fol. 2.

Mortdancester, The Tenant saith, that he is ready to heare the Recognition of the Assise, and in evidence that the Plaintiffe is Bastard, it is not good, for it is contrary to this thing, admited and imployed, 22 Book of Ass. 3.

Covenant, Issue was, If the Defendant had made an Estate sufficient to the Plaintiffe of Higgens Close, or not, and evidence that it is not so much in value, it is not good, for it is not answerable to the matter in Issue, 27 H. 8. fol. 35.

Trespasse, The Defendant justifies for Common ap∣pendant, and gives in evidence that he hath Common by reaion of Neighbourhood, it is not good, for it is not an∣swerable to the matter in Issue, 13 H. 7. fol. 13.

11 H. 4. fol. 63. Trespasse of beating, not guilty, and evidence that it was in his defence, it is not good, for it is a matter of justification and contrarying.

7 Ed. 6. tit. 14. In Debt upon an Obligation made for Usury, If the Defendant plead (it is not his Deed) he cannot give in evidence that it was made for Usury, for it is contrarying.

5 Ed. 4. fol. 5. Debt upon obligation, for letting him to baile, and doth not name Sheriff, the Defendant gouht to plead that, and so not his Deed, but not generally (not his

Page 239

Deed) and give that in evidence for it is contrarying.

3 H. 7. f. 5. Where two are bound joyntly and severally, and one Seale is broken, yet in Debt against the other or against him, he cannot plead (not his Deed) and give that in evidence, for it is contrary, but he may plead the speciall matter and conclude, so not his Deed.

5 H. 7. f. 2. If one plead nothing passed by the Deed, he cannot after give in evidence that it is not his Deed, for it is contrarying.

9 H. 7. fol. 3. Derinue, the Defendant saith, he doth not detaine, and he cannot give in Evidence, that he hath that in pawn, for it is contrarying.

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