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.
About this Item
- 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
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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.
Pages
Page 271
IF one takes Issue upon one point, and found against him, the residue shall be held confessed, 27 H. 8. fol. 12. and 39 Ass. 13. But Abridgement of Assise fol. 120. If the Te∣nant plead in Barr which is found against him, the Assise ought not to inquire of the points at large.
Mortdancester, If the Tenant traverse one of the points of the Writ, as to say, that he is not next heire, and is found for the Plaintiffe, there he shall not inquire of other points, for when one point is traversed, all others are in manner acknowledged, otherwise it is where he acknow∣ledgeth no point, as pleading that the Plaintiffe is a Ba∣stard, there they ought to inquire of the residue of the points, Statham, 35 E. 3.
If the Tenant traverse one of the points of the Writ, the remainder shall be held not gainsayd by Sharde, 14 E. 3. tit. Fitzh. 8.33 E. 3. Fitzh. 34. accordingly.
Abridgement of Assise, fol. 118. The points of the Writ are three, that is, First, if the Ancestor of the Demandant was seised in his Demesne, as of fee, the day that he dyed. Secondly, If he dyed seised within fifty yeares last past. Thirdly, If the Demandant be next heire.
The Tenant saith, that the Ancestor of the Plaintiffe did not dye seised in fee, and the Assise charged upon all the points, 9 Ed. 3. tit. 13. and 9 Book of Assises 14. ac∣cording, B. 21.
If the Tenant plead in Barr, without that, that the Father of the Demandant dyed seised; if that be found against him, the points of the Writ shall not be inquired, but if he plead to the Writ, it is otherwise, 27 H. 8. fol. 12. by Fitzherbart.
Where the Tenant traverseth one of the points of the Writ, and the Assise is awarded, and found for the Plain∣tiffe, he shall not inquire of the other points, but shall be taken confessed, Abridgement Book of Ass. fol. 118.
If the Tenant pleads Feoffment or Surrender, he ought to traverse the dying seised.
IF the Tenant pleads matter in Deed, as Feoffment of the same Ancestor, they ought to traverse the dying seised, but if hee plead recovery, this is a Barr, unlesse
Page 272
the Tenant convey title afterwards, 6 Ed. 4. fol. 11. Mort∣dancester, Natura brevium, 119.
By Thorpe, Feoffment of the same Ancestor is no Plea in Barr, but to the Assise, for the Action is taken of dying seised after, that is to say, The day that he dyed, or not, 34 Book of Assises 20.
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.
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Where Mortdancester lyeth.
IT lyes for the Heir, where his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, or Neece, dieth seised of any Lands of an estate in Fee, and an Estranger abates, there the Heir shall have a Mordancester, and when his Fa∣ther were seised and disseised, the day that he dyed, yet it lyes. Fitzh: fol. 195. C.D.
If Tenent by the Curtesie alien, the Heir shall have Mor∣dancester unlesse he hath assets by him, And if a Guardian hold over, the Heir at full age shall have a Mortdancester: Fitzh: fol: 196. E. F.
Mordancester doth not lye upon Lands devisable by Will, and it is reason, for it is true, that the Ancester was seised, the day that he dyed, and that he dyed seised, and the Te∣nant is Heir in apparence. Fitzh: fol: 196. I. 4 Ed: 2. Fitzh: Mordancester 39.
It is a good bar to plead devise of the same Ancester, and so it seems where there is a devise now by the Statute of Wills, Abridg: Book of Assises, fol: 120. & 32 H. 8. Chap. 2.
One Coparcener shall not have a Mortdancester against another, where their Ancester dyed seised, and one enters in all, and holds out his companion, but (nuper obiit) and if the Ancester dye seised of an estate tail and one enter, and deforce the other, he shall have a Formedon, and not a Mortdaneester. Fitzh: fol: 196. L.