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.

Husband and Wife.

What Contract and Act of a married Wife, Bailiff, and Servant, shall binde the Husband, or Master, and what not.

A Married Wife hath no Will, but the Will of her Husband, and for that, if a married Wife sell or give Goods, and the Husband agree before or after it is good; and it is his Will, and his Sale; and if the Bargain be advantage or disadvantage to the Husband, Agreement

of the Husband makes it good: the same Law of an As∣sumpsit, made to a married Wife, to deliver one out of Execution.

21 H. 7. fol. 40. The Husband shall not be charged by a Bargain of the Wife, but if it come to the use of the Hus∣band, and he agree, it is good: but if it come to the use of the House, if he hath not notice of it, or that it was not bought by his commandement, he shall not be charged, by Fineux, for a married Woman cannot do any thing, which may turn her Husband into prejudice, and contra∣ry of that which is for his advantage: but if I command my Wife to buy a thing necessary, and she buyes it, and comes to my use, this generall commandement (it is said) shall binde me, though I do not expresie what things: but if my Wife without my commandement buy a thing for my Houshold, as Bread, &c. and I have no knowledge of it, though that be spent in my House, I shall not be there∣of charged, by Fineux.

11 H. 6. fol. 38. By Martin, it seems the Husband shall be charged for necessary Apparrell of his Wife, but not for superfluous Apparrell; for Martin saith, if my VVife buy of a man, and she arrayes her self better then belongs to her Estate, I shall not be charged to pay this stuff taken up, though it come to the use and profit of the Husband, for that, that the VVife of necessity ought to be apparrel∣led, but for that that passes her Estate, her Husband shall not be charged.

20 H. 6. fol. 23. By Newton, buying by the VVife or Ser∣vant, though it come to the use of the Husband, or Ma∣ster, it shall not charge the Husband or Master, Nat. Brev. fol. 61. the same. Note, there ought to be Assent and Agreement of the Husband and Master, if they shall be charged, is to be intended upon that.

Doct. & Stud. f. 137. N. If a man send his Servant to sell a thing, which he knows to be defective, and commands him to sell it to such a man, Deceit hes; but if it be gene∣rally, to whom he could, it lieth not against the Master, 9 H. 6. f. 254.

Fitzh. 120. F. A man shall be charged in debt for a bargaine of his Bailiffe, or his Servant, where he gives authority to his Bailiff or his Servant to buy and sell for him, and so for a bargaine made by his Wife, if he give authority to his Wife, and otherwise not.

34 Ed. 1. tit. 163. Debt F. held there, That where a Woman receives ten Quarters of Corne to the profit of the Husband, he shall be charged; but where he counts, that the Wife borrowed ten Quarters of Corn, which came to the profit of the Husband, he shall not be charged in Debt.

13 R. 2. tit. 50. Account, Where Tonels of VVine are delivered to a marryed Wife, if the Husband agree to it, he shall be charged, and otherwise not.

27 Book of Ass. 5. If a man hath a Bailiff knowne, and who hath used to fell the Beasts of his Master at the Mar∣ket, this is a good sale, though he hath no speciall VVar∣rant to fell his Beasts: And if such a Bailiff pledge the Goods of his Master; that is, Oxe or Horse, for Corne, which comes to the use of his Master, the Master shall not have trespasse of the sale or pledging.

8 Ed. 4. fol. 13. If I make a man my Bailiffe of my Mannor, he cannot make a Lease of the Mannor, nor of parcell, without speciall commandement of his Master to doe it, for that shall not bind the Master.

8 Ed. 4. tit. 14. Contract, Brook, If a man send his ser∣vant to buy certaine Goods, or his Factor or Attorney, to buy for him Merchandise, and he buy, &c. The Master shall be charged, though that the Goods never came to his hands, and though that the Master have no notice of that; and the Master cannot countermand without no∣tice given to the Servant, Attorney, or Factor, by Pigot and Fairfax,

2 Ed. 4. f. 5. If my Servant in Cheapside which hath pow∣er to sell, give my Wares, it is sayd I shall have trespasse against the Receiver; but if I deliver Goods to keep to my use, and hee gives them, I shall not have trespasse, for he hath no notice whose Goods they are, as in the case of a Servant.

Doctor and Student, fol. 137. If the servant borrow Mo∣ney in the name of his Master, his Master shall not be charged, unlesse they come to the use of his Master, and by his commandement: The same Law of a bargaine made by the servant; but if the Master send his servant to buy things, and he buyes them, the Master shall be charged; And if he buy a thing, and doe not speak of the Master, and it comes to the use of the Master, the Master shall be charged.

2 R. 2. Slatham, fol. 65. Debt is maintainable against the Master of a thing bought by his man, if the Goods come to the use of his Master, notwithstanding that his servant have no warrant of his Master to doe it, if it be so that he be knowne to be his servant.

11 Ed. 4. fol. 7. If a servant which hath authority to sell and warrant the thing, deceit doth not lye against the Master if it be corrupt.

21. H. 7. fol. 27. by Rede, If I command my servant to distraine, and he rides upon the distresse, he shall be pu∣nished and not I.

How shall the Husband have by his Wife, Goods and Chat∣tells, whereof hee takes charge, and how hee shall be charged for the Wife.

IF a man take a Wife which hath Goods, now the Goods are in the Husband, 26 H. 8. fol. 4.

Plowdens Commentaries, fol. 418. A woman which hath a Lease for yeares, or Goods, takes a Husband, they are in him.

7 H. 6. fol. 1. If a woman have a Lease for yeares, and takes a Husband, this is in him, but if he grant a rent charge out of that and dyes, the Wife shall have the terme discharged: And by Strange, If an Obligation be made to a woman sole, and shee take a Husband, he may release that; but if the Husband suffer the Obligation to remaine and dyes, the VVife shall have that, and not the Executors of the Husband, 9 H. 6. fol. 52. the same.

21 H. 7. fol. 29. VVhere a woman is Executrix, and takes a Husband, the Goods of the Testator vests in the Husband, and if the Husband give or release them, he may, but if the Husband dye, and doe not release them, they re∣maine to the woman againe.

Fitzh. fol. 69. If Beasts of a lone woman be taken, and shee take a Husband, he alone shall have a Replevin, for that that the property is in him onely.

Fitzh. 142. I. If a man have the VVardship of one in the right of his VVife, and after his VVife dyes, yet he shall hold that, for it was a thing vested in him.

Perhins 107. VVhere the Husband hath ret••ne in right of his VVife, and he aliens that and dyes, his VVife shall

not have that, but if he doe not alien that and dyes, shee shall have it.

Perkins 165. A man hath twenty yeares terme in right of his VVife, and lets for ten yeares, rendring rent and dyes, his VVife shall have the Rent, and the residue of the terme.

Fitzh. 119 O. If a man takes a VVife, which was indebt∣ed to other persons, the Husband and the VVife shall be ••ued for this debt, living the VVife; but if the VVife dye, the Husband shall not be charged, unlesse it were recoverd during the Coverture.

Fitzh. 121. If a man lets Land to a VVoman for life, rendring Rent, and shee takes a Husband, and after the Rent is behind, and the VVife dyes, the Husband shall be charged, for that that he took the profit; otherwise it is of an Obligation made by his VVife before marriage, the Husband shall not be charged, unlesse recovery were of that during the marriage.

Fitzh. 121. D. A woman hath Rent for Dower, and takes a Husband, and the Rent is behind, and the VVife after dyes, the Husband shall have Debt for this Rent: But if a man be bound to a woman, and she takes a Hus∣band, and the day of payment comes during the marriage, and after the VVife dyes, the Husband shall not have debt upon this Obligation, for that that it was a duty to the VVife, and a thing in action before the marriage.