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.

Essoyne.

AFter that any hath put himselfe into any Inquest, who hath appeared or might have appeared in these VVrits, shall have but one Essoyne, or one default, &c. West. 2. chap. 27. Marlcbridge chap. 13.

Marlb. chap. 19. Of Essoynes it is provided, that in Counry, Hundred, or in Court-Baron, or other Courts, none shall have need to sweare to warrant his Essoyne.

Westm. 1. chap. 42. For that, that Demandants which bring actions against many Coparceners and Joynt-Tenants, they often avoid by Essoyne.

It is provided, that those Tenants shall not have Essoyne but for one day, no more then one sole-Tenant should

have, so that now he cannot avoid, but only have an Es∣soyne, see Marleb. chap. 9.

Westm. 1. chap. 43. If one be essoyned as beyond the Seas, where he is in England day of the Summons, it is provided that this Essoyne be not allowed, if the Demandant will a∣verr that he was in England, the day that the Summons was made, and three weekes after: But let it be adjour∣ned.

And if the Tenant be attaint which was in England, day of the Summons, and three weeks after, the Essoyne shall turne to him for a default.

Westm. 1. chap. 41. In a Writ of Assise, of Attaints, and Juris utrum, provided it is for travaile of Jurors, that if the Tenant once appeare in the Court, never after no Tenant can essoyne him.

Glocester 1. chap. 18. Provided that in other Pleas then Trespass or Attachments and Distresse lying, if the De∣fendant make himself to be essoyned of the Kings Service, and doth not bring his Warrant at the day which is given unto him by his Essoyne, he shall render to the Plaintif Dammages of the torne of twenty shillings, or of more; according to the discretion of the Justices, and be in the Kings mercy.

Westm. 2. chap. 12. There lies not for one that brings an appeale of the death of a man, an Essoyne.

West. 2. chap. 17. In the Circuit of the Justices, there is no Essoine admitted of being sick in bed, of a Tenement, unlesse he which makes himself to be Essoyned, truly be sick, for if it be excepted against by the Demandant, that the Tenant is not sick, nor in that state that he cannot come before the Justices, they will receive a reproach, and if this be disproved by an Inquest, let that Essoyne be tur∣ned to a default, neither lies that Essoyne in a Writ of right between two claimings by the same discent.

West. 2. ch. 27. After that any hath put himself upon any Inquest, at the next day let there be an Essoyne allowed to him, but at other dayes following by Essoyn, let there be no deferring of taking the Inquisition whether he first had an Essoyne or not, neither let any Essoyne be admitted, after the day given, by the request of the parties, in case that the parties consent to come without an Essoyne.

Westm. 2. chap. 28. When by the Statute of, Westm. 1. chap.

41. It is appointed, that after the Tenants have once ap∣peared in the Court, there shall be no Essoyns allowed them in VVrits of Assise, in the same manner from hence let it be observed of Petitioners.

The Statute of Essoynes questioned, 12 Ed. 2.

That Essoynes do not lie in these following Cases, that is,

There lies no Essoyn:

Because, the Land is taken into the Kings hand.

Because, he is restrained by Land.

Because, there is granted to him from hence Judge∣ment, if the Jurors come.

Because, he was seen in the Court.

Because, at another time he essoyned himself, as being not able to come.

He shall not be essoyned, as being beyond Sea.

Because, such a one essoyned him such a Day.

Because, it was commanded the Sheriff, that he should make the party to come, 41 Ed. 3 f. 29.

Because, a VVoman is not in the Kings Service, but because a Nurse, Midwife, or sent for by a VVrit, to in∣spect the Belly.

Because, she seems to be deceived in her Dower, and deferring of Right.

Because, such a Complaint hath not found Sureties to prosecute.

Because, the Attorney was essoyned.

Because, he hath an Attorney in his Complaint.

Because, he is essoyned, witnessed, &c. that he is not in the Kings Service.

Because, the Summons is not testified, or part of the Return not attached.

Because, at another time he was essoyned of the Kings Service, and now did not send his VVarrant.

Because, re-summons was in the last Presentment, or Death of his Ancestor, 30. Book of Assises 51.

Because, such a one is not named in the VVrit.

Because, it was commanded the Sheriff, that he should distrain him to come by his Land and Chattels.

Because, it was commanded the Bishop, that he should make him come.

Because, the time was past.

But it is to be known, that an Essoyn of the Kings Ser∣vice is allowed after the great Cape, and the small Cape.

1 H. 6. f. 4. Trespasse, Issue was if the Land were the Free∣hold of the Plaintiff, or of the Lessor of the Defendant, and after Issue the Defendant prayed aid of his Le or, and at the Summons returned, the Prayee was essoyned, and at the Day which he had by the Essoyn he joyned, and at the (Venire facias) returned, the Prayee cast Essoyn, and it lies, for that that the Statute is, Por••quam, &c.

44 Ed. 3. fol. 38. Precipe, the Tenant tenders his Law, and this is at Issue, for that after he shall have but one Essoyn, 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law, 9 H. 5. f. 5 the same.

48 Ed. 3. fol. 21. One is essoyned after Issue in London, and at the Day in Bench upon a forreign matter, is there essoyned again, for it is the first Day in Bench.

21 Ed. 4. f. 19. Debt, Issue was upon the custome of Lon∣don, and upon VVrit to certifie that, Defendant essoyned, and lieth after Issue by the common Law, for after every mean Appearance, it lies by the common Law, though the Statute be (after Inquest) which is not here, and for that the Essoyn is allowed.

21 Ed. 4. f. 19. Debt, Issue was upon the custome of Lon∣don, and upon a VVrit to certifie that, Defendant is es∣soyned, and it lieth after Issue by the common Law, for after every mean Appearance, it lies by the common Law, and though the Statute be after Inquest, this is not here.

34 H. 6. f. 18. Precipe, the Tenant prayes aid of him in Reversion, and had it, and at the Summons to aid him re∣turned, the Prayee was essoyned, and had a Day of that Essoyn, and at the Day of that Essoyn the Tenant was es∣soyned, and had it.

22 Ed. 3. fol. 4. Quare impedit, the Plaintiff was essoyned at the (Distringas Juratores) and the Inquest came and ad∣journed, but it seems that the Defendant shall not be es∣soyned at this Day.

25 Ed. 3. f 38. Scire facias, the Tenant pleads to the Is∣sue, and at the next Day would have been essoyned, and could not, for it is delay, which shall not be in a (Scire facias) by the Statute of Westm. 2. chap. 45.2 H. 7. fol. 10.39 H. 6. f. 53.

1 H. 7. fol. 8. There was an Essoyn cast upon an (alias ve∣nire facias) where the first was not served.

1 Ed. 3. f. 38. VVaste, Venire facias was abated first, and at the second Venire facias, Defendant was essoyned, and that allowed, for the first was as nothing.

9 H. 5. fol. 12. Dum non fuit compos••mentis, Venire facias a∣warded, and not returned, and Sicut alias returned, the Tenant was essoyned, and it doth not lie, for it is not the first Day after the Issue.

3 H. 6. fol. 57. Debt, the parties were at Issue, and a Di∣stringas Juratores returned, at which Day the Defendant cast an Essoyn of the Kings Service, and that Essoyn was not allowed.

14 H. 6. f. 20. The Plaintiff cast an Essoyn, at the Habe∣as corpora Juratorum, and this turned upon him in De∣fault, for the Essoyn doth not lie at the second Day, nei∣ther for the Plaintiff, nor for the Defendant, but is outed by the Statute, Westm. 2. chap. 27. which is Postquam ali∣quis, &c. And this Statute is intended as well for the Plaintiff as the Defendant.

12 H. 4. fol. 24. VVhere an Essoyn de malo veniendi, was before the Statute of Marlebridge, chap. 19. The Essoyner swears, that he was sick.

2 Ed. 4. f. 16. VVhere Essoyn of Service of the King is cast in, it seems that the Essoyner shall be sworn, for that, 19 H. 6. f. 51. the same.

20 H. 6. f. 22. VVhere one is essoyned of the Kings Ser∣vice, the Essoyner shall be examined, and sworn upon a Book, if he be in the Kings Service or not, and not as he is informed, otherwise the Essoyn shall not be al∣lowed.

27 H. 6. fol. 2. Debt, the Defendant offers to wage his Law, and had Day, &c. and at the Day the Plaintiff was essoyned, and after at that Day the Defendant was es∣soyned, and after at that Day the Plaintiff cast in another Essoyn, and it lieth well by the Court, for so long as the Plaintiff and Defendant agree, they may fourch by Es∣soyn.

9 H. 6. fol. 21. Quem redditum reddit, against two, held that they cannot fourch by Distresse or Essoyn: Note, that by 33. H. 6. f. 6. Essoyn doth not lie in this Action, for that that this is Judicial.

2 Ed. 4. fol. 20. Dower, against A.B.C. and at the Day A. makes Default, and B. was essoyned, and C. appears, and the same Day given to C. and at the Day A. made ano∣ther Default, and B. appeared, and C. cast the Essoyn, VVell, for every one shall have an Essoyn, notwithstand∣ing the Statute of Marlebridge, chap. 19. but after they shall not have more Essoynes.

48 Ed. 3. fol. 20. Precipe, against the Husband and his VVife, before Appearance, each one may be essoyned after other, but not after again, 4 H. 6. f. 6.9 H. 6. f. 44.

3. H. 7. f. 13. Precipe: the Tenant was essoyned, and after vouched, and the Vouchee was essoyned, at the Day the Tenant was essoyned, and it doth not lie, 22 Ed. 4. f. 14.

22 Ed. 3. fol. 5. Precipe, against three at the Summons, one was essoyned, and others have the same Dayes, at which Day another was essoyned, and the same Day, &c. and the Essoyn adjourned, but after they have all appear∣ed, they cannot fourch or avoid.

29 Ed. 3. fol. 25. Formed on, against a Husband and his VVife, and at the first Day the Husband appeared, and the VVife was essoyned, and at the second Day the VVife appeared, and the Husband is essoyned and allowed, but after that they have appeared they cannot fourch by Es∣soyn, for the Statute is, that Coparceners and Joint-te∣nants cannot at any time fourch or avoid, and so of the Husband and the VVife, 30 Ed. 3. f. 25. See 38 Ed. 3. f. 1. for fourching by Distresse, 4 H. 6. f. 6.

3 H. 6. fol. 36. Debt against a Parson of the Arrerages of an Annuity, the Defendant prayed aid of the Patron and Ordinary, and there were four Patrons, and at the Sum∣mons to aid, one was essoyned, and the three have the same Day, and at the Day he essoyned appeared, and ano∣ther essoyned, &c. and now, after every other was es∣soyned one after another, the first cast the Essoyn, and could not fourch, 33 H. 6. f. 28.