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.

Pleas after Issue, and at the Nisi prius day in Bench, and after Verdict.

DOwer, by Thorpe, the day of the Nisi prius, and the day in Bench is not all one to all respects; for a Writ pur∣chased mean between the Nisi prius and day in Bench, shall abate, for the first Writ is hanging till Judgment be given, notwithstanding the Plaintiffe was non-suited at the Nisi prius. But when to plead any Pleas, which come mean be∣tween them, there shall be one same day. 40 Ed: 3. fol: 38.

28 H. 6. fol: 1. A man may plead a Plea after last conti∣nuance at the Nisi prius. Inquire what Pleas.

34 H. 6. fol: 45. At the day of the Nisi prius, the Defen∣nant pleads to the Writ, that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby. Judgment of the Writ, and had it.

47 Ed: 3. fol: 2. If it be found against the Plaintiffe at the Nisi prius, and the Plaintiffe makes default at the day in Bench, yet Judgment shall be upon the Verdict, for that is all one day, and the day of the Nisi prius.

10 H. 7. fol: 21. Debt upon a Lease for yeers, and the Issue was levyed by distresse or not; And now at the Nisi prius, he could not plead a Release made after the last con∣tinuance.

19 H. 6. fol: 36. Forging of false Deeds against many, they were at Issue, Processe continued against the Enquest till the Jury appeared, at which day the Defendant pleads arbitrement after the last continuance, and upon this the Jury was discharged.

21 H. 6. fol. 10. Nisi prius was returned Octa: Mich: that is, the day in Bench: and one Plaintiffe dyed after Octa: Mich: and before Judgment given upon the Verdict; And the Defendant may plead that, for Judgment shall have re∣lation to Octa: Mich: and then the Defendant cannot have remedie by Writ of Error, Audita querela, nor otherwise; therefore he shall have the Plea again. But it seems that the Defendant cannot plead Release made to him, by the Plaintiffe after Verdict, for he shall have an Audita querela, contrary of his death, the day of Nisi prius, and the day in Bench were all one self same day, and no mean time; and therefore Release made mean between these two cannot be pleaded at the day in Bench, notwithstanding it seems at the day of Nisi prius before the Jury taken. The Release which is made mean between the Award of the Writ of Nisi prius, and the day of the Nisi prius, may be pleaded at the Nisi prius. See 10 H. 6. tit: 53 and tit: 55. Br.

22 H. 6. fol: 1. Dower, It seems if the Plaintiffe release to the Defendant mean between the award of the Nisi prius and the day of the Nisi prius, there if the Jury remain for default of Jurors, the Defendant may plead this Release at the day in Bench after the last continuance, though he did not offer it at the day of Nisi prius, and contrary it seems, if the Jury had been ready at the Nisi prius.

36 H. 6. fol: 24. At the Nisi prius the Enquest past for the Plaintiffe, and he released before the day in Bench, the Defendant shall have an Audita querela, and of this it follows, that the Defendant cannot plead that at the day in Bench after the last Continuance. 34 H. 6. fol: 3.

21 H. 7. fol: 33. After the Enquest taken by default, the Defendant cometh before Judgment, and pleads that he and the Plaintiffe have put themselves to Arbitrement after the last Continuance, &c. And by the opinion of the Court, he hath no day in Court to plead that Plea. And it was said that he shall plead no plea in such case, but as a freind to the Court. But of matter apparent he shall be re∣ceived, but in the Kings case, he shall have that by plea;

for he hath no other remedie. But in the case between common persons, he shall have Audita querela, contrary against the King. 11 H. 7. fol: 10. tit. B. 61.

38 H. 6. fol: 33. Debt by Moyle, the Defendant after that he was at Issue might once plead plea, after the last Conti∣nuance, as release or such like, notwithstanding no oftner then once.

41 Book of Ass: 19. If Verdict passe for the Plaintiffe, and the Defendant get a release before Judgment, yet he can∣not plead that.

21 Ed: 4. fol: 52. Adjudge that the Defendant cannot plead Release, made mean between the Nisi prius and the day in Bench.

16 Ed: 4. fol: 5. A man may plead a Plea after the last Continuance, after Issue joyned, and in another Tearm. And therfore it seems, that the parties have day in Court, as well after Issue joyned till Verdict, as before. 50 Ed: 3. fol: 4.