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.

Where Action upon the Case lies, or Detinue, and where Trespass, and where not.

IF the Lessor will not discharge his Farmer of a Tenth, or of a Fifteenth, or of Quit-rent, which are due by the Lessor, and the Farmer pay it, yet he cannot keep that back in the payment of his Rent, but shall have an Acti∣on upon the Case, 21 H. 7. f. 12.

7 H. 4. fol. 3. If the Testator hath my Goods amongst his Goods, and dies, Trespasse by force and Arms doth not lie against his Executors for these Goods, but Detinue in an Action upon the Case: and if one finde my Goods, Tres∣passe doth not lie against him, but Detinue, or an Action upon the Case.

12 Ed. 4. f. 10. If one take my Beasts, and another take them from him, I shall not have Trespasse against the se∣cond, but Action upon the Case, 21 Ed. 4. fol. 89. the same.

13 Ed. 4. fol. 9. If Goods be delivered to one, he cannot be a Trespassor of them, but a Detinue lies of them.

18 Ed. 4. f. 28. VVhere one hath Goods by my Delive∣ry, I shall not have Trespasse, but Action upon the Case, and Count of mis-using of them.

46 Ed. 3. fol. 15 Trespasse, if the Defendant saith, that the Goods were thrown into the Sea by a Tempest, for safeguard of the Ship, and he took them, and Trespasse doth not lie against him, for that they were not taken out of the possession of the Plaintiff.

21 H. 7. f. 39. By Fineux and Tremail, if I deliver Goods to a man, and he gives them, or sels them to a stranger, if the stranger takes them without Delivery, I shall have a VVrit of Trespasse; but if he makes Delivery to the stran∣ger of them, I shall have no Trespasse.

Littleton, fol. 14. If I deliver to one my Sheep to dung his Land, or my Oxen to plow his Land, and he kils my Beasts, I shall have Trespasse, that is to be intended Tres∣passe upon the Case, and not Trespasse by force of Armes. See 2 Ed. 4. f. 5. in Parco fracto.

18 Ed. 4. fol. 23. In Action upon the Case, where he counts of mis-using of a thing delivered to the Defen∣dant, or converting it to his own use, is to recover Dama∣ges for the thing, and where one will recover the thing it self, he shall have Detinue.

7 Ed. 4. f. 4. Where one comes to Goods lawfully, as by Delivery, Trespasse doth not lie against him, but De∣tinue.

12 E. 4. f. 8. A man shall not have trespasse general, that is, by force of Armes, against him that mis-uses a License in Deed, as to ride a Horse twenty Miles, where he borrow∣ed the Horse but for ten Mile; but he shall have an Action upon the case; contrary, if one mis-use a License in Law, as to enter into a Tavern, there he shall have Trespasse, by force of Armes, 21 Ed. 4. f. 76. the same.

18 Ed. 4. f. 2. If my Bailiff kill my Kine, Trespasse by force of Armes doth not lie, but an Action upon the Case.

21 Ed. 4. fol. 22. Action upon the Case lies against J. S. Officer of the Kings Bench, for that that the Plaintiff af∣firmed a Plaint of Debt against J. D. in London, the said J. S. purchased a Supersedeas of Priviledge for J. D. sup∣posing that he was his Servant.

2 H. 4. f. 19. Action upon the Case by the Neighbour of a fire, lies, that according to the Law and custome of the Realm of England, &c. that every one shall keep his fire, least by his fire any losse should come to his Neighbours.

42 Ed. 3. fol. 11. Action upon the case lies, where throughout the whole Realm of England it was a custome, that the Host should keep the Goods that their Guests brought into their House, if it be a common Inn, and should be charged, though they were not delivered, and though that the key of his Chamber were delivered to the Guest, 22 H. 6. f. 24. 2 H. 4. f. 8. 14 H. 4. f. 43. Fitzh. f. 94. B. 11 H. 4. f. 43.

28 H. 6. f. 7. Action upon the case lies, for that, that the Dog of the Defendant worried the Sheep of the Plaintiff,

he knowing his Dog to be accustomed to worry Sheep, and it is no Plea for the Defendant that he did not know, By Moyl, but he ought to answer, that he did not worry the Sheep.

41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole, and the Miller take Tole, trespasse by force of Armes lyes, and so it is said where he takes more Tole then he ought, but if one hinder people to come to my Market, Action upon the case lies.

13 H. 4. f. 12. Action upon the case lies, for that, that he hath a Leet in the Mannor, Eyer and Court, from three weeks, &c. There hath the Defendant held Court within the same Mannor, and hath distrained his Tenants by great and often distresse, and hath impoverisht them, that they cannot pay their Rent, Fitzh. 94. E. the same.

33 H. 6. f. 16. Action upon the case lies, where his Ste∣ward comes to hold a Leet, and the Defendant disturbs him.

11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another, for setting up another School, that he cannot have so many Schollars as he had before, for the profession is free, and is for the Common-wealth: the same law of erecting a Mill upon his own land, though the Plaintiffs Tole be diminished, he shall not have an a∣ction upon the case, 22 H. 6. f. 14. Mill levied.

48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast, or burning a House willingly, and not an action of waste, Lit. 14. 21 H. 6. fol. 43.

7 H. 4. f. 8. Action upon the case lies, for that, that the Defendant ought to repaire a certaine wall upon the Thames, and doth it not, by which the land of the Plaintiff is drowned, Fitzh. 93. E. the same.

7. H. 4. fol. 16. Account doth not lye against a Bailiff, or Servant for driving his Plow, in which default the Beasts perished, but an action upon the case lyes for his negligence, for default of good keeping.

2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep, and the same Law for negligent carrying my Pots, or glasse; and where one keeps my Horse, and starves him for Meat.

7 H. 4. f. 45. Action upon the case lies by the Lord of B.

against him which bought and sold in the Market of B. without paying Tole, and though the VVrit was (Tollenam asportavit) yet it was also, and he denied to pay it, and for that it was awarded good, for the first words are void and the last sufficient.

11 H. 4. f. 25. If a way belonging, &c. be stopped, Assise of Nusance lies, but for stopping of a way ingrosse he shall not have an Assise of Nusance, but action upon the case.

14 H. 8. f. the last, VVhere part of a River, or way is stopt which is narrow, action upon the case lies, and where the whole, an Assise of Nusance, an action upon the case lies where he hath no other remedy.

11. Ed. 4. f. 23. It seems there that a good Pleader, may frame actions upon the case for many matters which are in the Chancery.

26 Book of Ass. 79. Action of the case lies against the She∣riff which quashed an Essoyne erroniously, for false Judg∣ment doth not lye unlesse it were Judgement of the Sui∣tors.

Fitzh. 114. D. If one Person of his malice, and by his false imagination, labour and cause another to be iudicted falsly, the party which is so indicted shall not have a Writ of conspiracy, but an action upon the case against him which caused him to be so indicted.

Fitzh. 95. D. If one play with others at Dice, and hee hath false Dice, and wins Money of others with false Dice, Action upon the Case lyes for this deceit.

13 H. 7. fol. 26. Action upon the Case lyes, where one hath a Water-course by Prescription, to Brew, and water Beasts, there hath the Defendant made Lime-pits, &c. 4 Book of Ass. 3. See Nusance for Lever Tozaile to the an∣noyance of the Free-hold.