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.

About this Item

Title
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.
Author
Kitchin, John.
Publication
London :: Printed by T: Roycroft, for M: Walbanke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple,
1651.
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Courts baron and courts leet
Courts of special jurisdiction -- England
Pleading -- England
Writs -- England
Real property -- England
Link to this Item
http://name.umdl.umich.edu/A87798.0001.001
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A87798.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

Where Count is upon matter of Reords, or of Specialty the Barre shall be so high, and not upon bare matter.

DEbt upon arrearages of Annuity, the Defendant saith, that he let the Mannour of D. to him in re∣compence, and it is no Plea, for it is not so high, 19 H. 8. fol. 9.

Trespasse upon the Statute of Rich. The Defendant pleads in Barre, warranty of the Ancestor of the Plain∣tiffe, and demands Judgement, if against the warranty, &c. and it is no Plea, for Damages is onely to bereco∣vered, 10 H. 7. fol. 12.

Trespasse, the Defendant may plead Fine with Pro∣clamation, Judgement, if Action, but not to relie upon the estoppell, 27 H. 8. fol. 27.

14 H. 4. fol. 27. Debt upon a Lease by Indenture, the Defendant saith that he hath bestowed the Rent upon re∣parations by commandement of the Plaintiffe, and it is not good, for it is not so high.

10 H. 7. fol 4 Debt upon arrearages of a Lease for years, the Defendant pleads agreement, and it is not so high.

1 H. 7. fol. 14. The Defendant cannot avoid specialty by bare matter, as to say the specialty was delivered to him in place of an acquittance, for it is not so high.

10 Ed. 4. fol. 18 Debt upon an Obligation, endorsed with condition, that if the Defendant serve him in all his lawfull commands, &c. the Defendant may plead, that he discharged him, and it is good without specialty, for the condition is matter in deed.

Page 428

18 Ed. 4. fol. 9 If one covenant by Indenture to make me a house before such a day, and he plead, that I dis∣charged him before the day, it is good without specialty, for I cannot come upon his Land after discharge, 19. Ed. 4. fol. 2 the same.

21 H. 6. fol. 36. Trespasse of taking his Apprentice, the Defendant saith that the Plaintiffe discharged him be∣fore the Trespasse of taking, and it seems no Plea, for that he is an Apprentice by Indenture, and the discharge without specialty, and to another person.

9 Ed. 4. fol. 57. Annuity, the Defendant pleads levied by distresse in another County, and so that he owes him nothing, and it is good, but that he owes him nothing onely, is no Plea against specialty.

3 H. 6. fol. 41. Scire facias, upon recovery of arrerages of annuity, Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance, and it is no Plea against a recovery.

11 H. 4. fol. Debt upon arrerages before Auditors, the Defendant pleads that he hath an obligation for the same, and it is no Plea, for it is not so high.

11 H. 7. fol. 13. VVaste, Defendant pleads an agreement between him and the Plaintiff, and it is no Plea, for the Inheritance is to be recovered in this writ, and for that it is no Plea.

Scire facias, upon a Recognisance to have one here at a certaine day to appeare, it is no Plea to say, I have been there without shewing his appearance of Record, for it is not so high, 7 H. 6. fol. 26. B.

Debt upon arrerages of account before Auditors, the the Defendant pleads Abitrement, and it is no Plea against matter of Record before Auditors, 3 H. 6. f. 55. 8 H. 5. f. 3. the same, 10 H. 6. tit. 44. 4 H. 6. fol. 17. and 3 H. 4. f. 7. H. 4. f. 6. adjudged.

Debt upon an obligation, the Defendant cannot plead payment, for it is not so high, 1 H. 7. fol. 14.

Debt upon an obligation, endorced upon condition; the Defendant may plead that the Plaintiff hath retained par∣cell of the smaller summ, hanging the VVrit, and it is good in abatement without specialty, 5 H. 7. f. 4.

Action upon the Statute of Rich. If the Defendant plead Act of Parliament, by force of which he was seised, till the Plaintiff entered upon him, upon which he re-enter∣ed,

Page 429

the which is the same Trespasse, &c. and concludes Judgement if action, it is good, 3 Ed. 4. fol. 6.

Annnity by grant, the Defendant saith in abatement that after the action brought, that the Plaintiff hath retai∣ned part of the arrerages, and it is no Plea without speci∣alty, for it is not so high, 22 Ed. 4. fol. 51.

Debt upon an obligation, the Defendant pleads receit of parcell, hanging the VVrit, Judgment of the writ, and it is not good without specialty, 7 Ed. 4. fol. 15.

15 H. 7. fol. 10. Debt upon a single obligation of twenty pound, the Defendant pleads that the Plaintiff hath received parcell, hanging the VVrit, and demands Judgment of the VVrit, and it is no Plea without shewing Acquittance, for it is not so high.

VVaste, the Defendant pleads agreement to make flud∣gates only, and agreement is no Plea in this action, for it is not so high, for Land is to be recovered, 13 H. 7. f. 20. 11 H. 7. f. 13.

Covenant upon specialty, the Defendant pleads arbi∣trement, and it is not good, for it is not so high, 3 H. 4. fol. 2.

Debt upon obligation, the Defendant cannot plead that the Plaintiff delivered this obligation again to him in place of an Acquittance, and took it again from him, for it is not so high, 5 H. 4. fol 2.

Debt for Rent upon a Lease by Indenture, the Defen∣dant cannot plead payment for it is not so high, but pay∣ment, and so he owes him nothing, is good, but where a Lease is by word, payment in Debt upon that is good, 1 H. 5 fol. 6 See, 46 E. 3. f. 1. See, 10 H. 7.24. b. 11 H 7.4 b. 20 H. 6.20. b. & 9 Ed. 4.27.

Debt upon obligation upon condition, the Defendant may plead payment according to the condition, without specialty, 5 H 7 fol. 41. 5 Edw. 4 fol 5. the same

Debt for Rent upon a Lease, payment is no Plea with∣out saying, and so he owes him nothing, but payment in a∣nother County is good without concluding, and so he oweth him nothing, 33 H 6 fol 4. 10 H 7 fol 4.3 H 7 fol 3.

Debt upon a bargaine, where the Defendant may wage his Law he cannot plead payment in another County, 18. H 6 fol 13. 10 H 7 f 4. 11 H 74 b.

Do you have questions about this content? Need to report a problem? Please contact us.