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.

Common Essoin.

Quem redditum reddit, and Scire facias, they are Judi∣cialls, and no Essoin lies in them, 33 H. 6. f. 6.

34 H. 6. f. 31. Trespass, Return, Attach, and Precpe, Return summoned, the Defendant shall be Essoined, but when he comes by the great Distress, he shall not be Es∣soined.

34 H. 6. fol. 50. Debt. The Plaintiff at the first day may be essoined, unlesse the Defendant appear upon a Capias, Cepi, or upon an Exigent.

9. H. 6. fol. 58. Where one is let to Bail, no Essoin of the King, or other Essoin lies, for that he is in manner as in Prison.

11. H. 6. fol. 39. Replegeare at the day of Imparlance, Essoin doth not ly for the Defendant.

2 H. 4. fol. 17. Deceit, the Defendant casts an Essoin af∣ter the day given, and it was adjudged and adjourned.

Natura Brevium f. 13. If any man be essoined of being sick in his bed in a Writ of Right, if the Demandant will averre, that he is not so ill, but that he may well come, and this be found by Inquest, his essoin shal turn him in default.

21. H. 7. fol. 40. Essoin doth not lie in Quare uon admi∣sit, for that it is as a judiciall Writ.

Britton, fol. 281. He is Essoined of sicknesse, and force of sicknesse, he appeals, as it is of those which move themselves against the Court, and are in riding taken with sicknesse, and Essoin of force is, as it is of those which are hindered by Imprisonment, or by Theives, or of other Enemies by the way, or by broken Bridges, or of other passages, or hindered by Tempest, or for want of Boats or Ships.

12 H. 4. f. 24. Formedon by Thirn. if no Essoin be cast, and Record the first day, it lies not afterwards.

2 R. 3 f. 15. In a Writ of Right and Formedon, which is in his nature, Essoin shall be cast the first day of Essoynes and proffers, and not afterwards.

2 H. 7. f. 4. The Demandant or tenant in a Precipe may be essoined the fourth day, and every day before the fourth day, and likewise the fourth day, notwithstanding any challenge taken by his Adversary, but in a VVrit Judici∣all out of the Common Bench, the Partie ought to be essoined the first day, and otherwise not, if that be chal∣lenged.

18. Ed. 4. fol. 4. Precipe, Essoin of the Kings Service was laid, and it seems there, that every Essoin shall be laid the first day, or any day before the fourth day, if there be not an exception entered, and the fourth day shall be ad∣journed, 1 Ed. 5. fol. 2.

2 Ed. 4. fol. 12. Before the Originall be Returned, the Tenant shall be essoined, and this is a common course.

30. H. 6. fol. 1. Essoin is Michiel where it should be Mi∣chael, and shall not be amended, for it is laid before the VVrit be Returned, and hath not the VVrit to see it.

Every Return hath four dayes, and the first day of them, is called the day of Essoins and proffers, and the next day after that, is the day of the Return of the VVrits, the third day is the day, the fourth day is the day of appear∣ance. And it is an use if one cause the Clark of Essoins to enter (ne recipiatur) as he may the fourth day, Essoin cannot be laid, after that is entered, but he may cast an Essoin the fourth day, if that be not entered, if one do not lay the Essoin the fourth day, then the next day en∣suing, the Party may enter exception, that is, (ne recipia∣tur) and after shall be no Essoin laid.

4 H. 6. fol. 6. If one cast an Essoin and appear in the Court before it be adjudged, the Essoin shall be defeated, and this by the Statute of questioning Essoins, 12. H. 4. fol 24. the same.

7. H. 4. fol. 40. Quare impedit by the King against R. Fel∣bridge, the Attorney of the Defendant was Essoined at the day of the (Venire facias) Returned, and after that the Essoin was adjudged, and before the adjournment, the Attorney which was Essoined comes into the Court, and was seen of the Court: and it seems after the Essoin adjudged, that he may be seen in the Court very well, though that it be not adjourned, and the Essoin very good, 11 H. 4. fol. 80. Precipe. 11. H. 6. fol. 53. Essoin was cast

for the husband and wife, and the Essoin was outed for the Husband, because he was seen in the Court, and al∣lowed for the VVife.

45. Ed. 3. fol. 24. Mortdancester against I. which vouch∣eth B. which was Enoined at the Summons to warrant, and at the day by Enoin he was Essoined of the Kings Service, and at the day that he hath to bring in his VVar∣rant, the Tenant was Essoined, and the Essoin was ad∣judged and adjourned.

12. H. 4. fol. 14. by Hull, Essoin doth not lie after Essoin, nor Essoin of the Kings Service, after Essoin of the Kings Service, but contrary by mean Processe.

9. H. 5. fol. 5. By Strange, common Essoin doth not lie after common Essoin, without mean degree, but after com∣mon Essoin, Essoin of the Kings Service lyeth, 21. Ed. 3. fol. 13. the same.

21. Book of Assises, 11 Assise. The Sheriffe Returns that the Plaintiffe hath not found Pledges to prosecute, and the Plaintiffe was Essoined, and the Essoin adiudged, for otherwise the Plaintiffe shall be non-suited.

2 Ed. 4. fol. 16. At the great Cape returned against the Husband and the Wife, the Husband casts the Essoin of the Kings Service, where he had an Attorney in Court, and held that the Essoin lies well, notwithstanding that he hath an Attorney in Court, contrary of a common Essoin, for that cannot be, where he hath an Attorney in Court.

4. H. 6. fol. 10. Dower. At the grand Cape the Tenant wages his Law of non-Summons, and at the day Es∣soin is cast for him, and saith that he hath an Attorney in Court, and notwithstanding this, the Essoin lies, for here the Attorney is out of the Court.

7. H. 4. fol. 6. Precipe, at the great Cape Returned, one renders his Law by Attorney, and at the day of the Law the Attorney laid an Essoin, and had no day, for it was said to him, to let his Master come.

19 H. 6. fol. 30. Debt, at the day that he hath to make his Law, his Attorney was Essoined, and he ought not to be Essoined, for he is out of the Court.

18 H. 6. fol. 20. Precipe, The Tenant hath two Attor∣neys, and the one is Essoined, and not the other, and good, for their Warrant is ioynt and severall, and excu∣ses the master, 11 H. 4. fol. 53. the same.

19 H. 6. fol. 57. The Attorney of one Party cannot be Essoined of the Kings Service.

21 Book of Assises 7. Where the Defendant appears, and answers by Attorney, he shall not be after Essoined, un∣lesse his Attorney be also Essoined.

14 H. 4. fol. 13. Quare impedit, The Plaintiffe was Es∣soined, and the Defendant saith, that the Plaintiffe hath an Attorney that is not Essoined, and by Hank, that Challenge was entered, and at the day that the Plaintiffe had by Essoin that shall be shewed, and if it be found, then the Defendant shall have a Writ to the Bishop, and in the mean time the Essoin was adiourned.

45. Ed. 3. fol. 10. Debt, at the Exigent, the Defen∣dant came by Supersedeas upon Bail, and at the day of the Exigent returned, the Plaintiffe was Essoined, and therefore the defendant shall have the same day without Bail; and there agreed if the Party be Essoined, and not his Attorney, that this is a discontinuance of Process, for the Attorney onely shall be Essoined, and every Chal∣lenge of Essoin shall be entered, but it shall not be tryed before the day of Adiournment of the Essoin, unlesse it be challenged, for that he was seen in the Court, which shall be tryed forthwith.

11 H. 8. Tit. 41. Formedon, Conusance of Plea was granted, and the Demandant sues a Resummons for fail∣ing of Right in the Franchise, and the Attorney of the Tenant cast Essoin, where another Attorney was Essoin∣ed upon the Originall, and by the Court, this matter of Challenge cannot be now tryed: the Essoin was adiourn∣ed, but not adiudged, and it shall be tryed at the Ad∣iournment, and if it be found, shall turn him in de∣fault.

12 H. 4. fol. 25. A man hath two Attorneys, and after the view the one was Essoined, and the other not, and by Hull, By this Challenge, the Essoin shall be adiourn∣ed, but not adiudged, and by Hank, in some Case Es∣soin shall be adiudged, and not adiourned, as the De∣mandant in Precipe is Essoined, and at the same day Protection is shewed out for the Tenant in this Case, the Essoin shall be adiudged, so that the Demandant shall not be nonsuited, but it shall not be adiourned.

12 H. 7. fol. 8. Formedon, The Tenant makes two Attor∣neys,

and at the day upon the view granted, the Tenant and one Attorney makes default, and the other Attor∣ney was Essoined, and it was held clearly that the Es∣soin of one Attorney excuseth the default of the Tenant, and the other Attorney, for they were Attorneys Joint, and severall.

2 H. 5. fol. 2. Formedon, After the view the Tenant was Essoined, and notwithstanding that he had an Attorney not Essoined, the Essoin was allowed, sub Calumnia, for the Attorney peradventure is removed, and agreed, if he have no Attorney in Court, he himself may be es∣soined.

11 H. 7. fol. 42. Essoin was amended in Precipe of Rent where the Essoin was entered in a Plea of a yearly Rent, where it should have been in a Plea of Land.

18 Ed. 4. fol. 4. The Writ was J.S. and the Essoin was J.S. of Dale in the County of Kent, and for this variance it was quasht, and shall not be amended, for the Clerk had no fight of the VVrit, for the Essoyne was before the VVrit returned.

30 H. 6. f. 1. At the Pone in a Quare impedit, the In∣cumbent was Essoined, and was varying from the name in the Writ, for the Essoin is Mich. and the Writ Micha∣ell, and adiudge that it should not be amended, for that the Essoin was put in, before the Writ came in.

10. H. 7. f. 6. Precipe, The Tenant hath view where it was not grantable, and at the day of the Habere facias vi∣sum, The Tenant would have been Essoined, and could not, in so much as the view was not grantable.

19 H. 6. fol. 80. Debt, The Defendant came by Cepi Corpus, and the Plaintiffe is Essoined, by this the Defen∣dant shal have the same day without Bail; but if the Plain∣tiffe had appeared, the Defendant should answer in cu∣stody, and after shall be by Bail till the end of the Plea.

12 Ed. 3. tit. 58: B. VVast, the Venire facias was abated, and a new one went out and was returned, the Defendant cast Essoyne and it was adiudged and adiourned, though there were the second Venire facias, for the first was as none.

19 Book of Assises 12 Ass. The Plaintif was essoyned, and the VVrit indorced Tarde, and notwithstanding that

the Justices adiuged, and adiourned the Essoin.

21 Ed. 4. f. 79. It seems that Essoin doth not lie for a Corporation, for the Essoin de malo veniendi, nor the Es∣soin de malo lecti, doth not lye, for it is to excuse the De∣fendant, and a Corporation cannot appear in person, but by Attorney, nor an Essoin of the Kings service, nor of beyond the Seas, for all cannot be together by common In∣tendment, and Protection doth not lie for a Corporation.

10 H. 6. f. 1. Scire facias by three and two were Essoin∣ed, the Essoin quasht by the Court, for that delayes are outed by Westm. 2 Chap. 45. 2 H. 7. f. 10. the same.

11 H. 6. f. 31 At the day of Imparlance the Plaintiffe shall not be Essoined, also he shall be nonsuited, if he do not appear.

45 Ed. 3. f. 19. Precipe, the Tenant vouches, and Process continue untill the Sequatur, at which day the Tenant is essoyned, and it lies well.

10 Ed. 4. fol. 15. Formedon, the parties were at Issue, and after discontinuance by Demise upon re-summons, said, that the Tenant shall not be essoyned: See the Statute is, that Essoyn doth not lie, because re-summons was in the last Presentment, 1 H. 6. f. 6. the same, 1 R. 3. f. 4.

34 H. 6. f. 34. Trespass upon re-attachment, the Tenant was essoyned, and said, that it lies.

44 Ed. 3. fol. 4. Ass. Discontinued for not coming of the Justices, and upon re-attachment the Plaintiff is essoyned, and it lies, and yet the Statute of Westm. chap. 41. is, who hath once appeared in Assise shall not be afterwards es∣soyned, 44. Book of Assise, 24. the same.

22 Ed. 3. fol. 10. At the Venire facias returned, the De∣fendant put the Paroll without Day by Protection, and at the re-summons he was essoyned of the Kings Service, and had it.

21 Ed. 3. Tit. 35. B. Paroll was put without Day in a Precipe against a Prior, for that that the King had sent a Supersedeas, that he had seised the Land for Warr, for that the Tenant was a Prior stranger, and after Demand at the Procedendo, and re-summons where the Paroll was put without Day before, after Venire facias returned, and the Jury appeared, and at the Day of the re-summons re∣turned, the Prior was essoyned, and was challenged, for that, that the Prior was another time essoyned upon the

Venire facias in the first Action, and it was not allowed, but the Essoyn admitted.

30. Book of Ass. 51. Mortdancester, at the re-summons the Tenant cast an Essoyn, and it was quasht by the Sta∣tute De Calumniandis.

Notes

• Visus in Curia.