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.
Rights/Permissions: To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
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 June 12, 2024.

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Where there shall be a re-summons, and where the Assise shall be awarded upon default, and the points shall be inquired.

THe Tenant was Essoyned, and at the day made de∣fault, and re-summons was awarded, and sayd, that it ought, 8 Book of Assises 13. Inquire Fitzh. fol. 196. G.

The Tenant was effoyned and at the day made default, and adjudged that the Assise shall be taken by his default, and that resummons shall not be but immediately after Summons, 4 H. 7. f. 23. and 4 Ed. 2. Fitzh. 37.

A man cannot recover by default in this Writ without inquiring of the points of the Writ, 31 Ed. 3. Tit. 58. A∣bridgment Book of Assises f. 119.

The Tenant makes default by which resummons went out, upon which he comes and pleads, and doth not answer to the default.

Where it is found against the Tenant, upon Plea which trencheth to the action, the points of the Writ shall not be inquired, otherwise it is upon a Plea in abatement, see 39 Book of Assises 13. and 29 Book of Assises 48.

Mortdancester, If the Tenant plead non-tenure of par∣cell to the Writ, and if found, &c. And is ready to heare the Recognisance of the Assise, the points shall be inqui∣red, 20 Book of Assises 19. and 4. Ed. 2. fol. 39.

Mortdancester, the Tenant saith, that he is ready to heare Recognisance of Assise, the points inquired, 12 Ed. 3. f. 10.

If the Tenant plead non-tenure of parcell, he ought to plead over to the Assise, that is, to pray that the Points be inquired, 12 Book of Assisee 8. and Abridgment Book of Ass. fol. 122. See there.