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.

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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.
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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 he confesses and avoids, he need not Traverse.

DEtinue of finding a Box, sealed with Writings, the defendant saith, that they were delivered in pawn to him for a hundred Shillings, and if he pay that he would redeliver him it, and it is good without Traverse, for he confesses, and avoids the Plaintiffe, 21 Ed. 4. f. 19.

Detinue of a Chest ensealed with VVritings, The Defendant saith, that the VVritings which he had were in a Box ensealed, and the Plaintiffe lent him a hundred Shillings, and delivered this Box to him in Pawn, with∣out that, that he detains a Chest, and it is good; and it is good with Traverse, otherwise not, 22 Ed. 4. f 7.

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Trespasse of breaking his House, and taking his Goods there, the Defendant saith, that his VVife was Execu∣trix, and that they were the Goods of the Testator, and the Doore was open, and he entered, and took them, and this is good without Traverse, for he hath confessed and avoided, 2 H. 6. f. 15 B

Trespasse of his Goods taken, the Defendant saith, they were delivered to him by a Replegeare, and it is good without Traverse; 7 H. 4. f. 15. & 44 E. 3. f. 20

Trespasse of his Goods taken, the Defendant saith, they were delivered to him upon an Execution upon a Reco∣very, and this is good; 40 E. 3. f. 21. & 44 E. 3. f. 20

Trespasse of Close broken, the Defendant saith, that he had a way there by Prescription to his Mannour, which he used, and ought there to traverse without that he bro•••••• down, for the other is not breaking down; 8 H. 5. f. 2

13 H. 8. f. 14 Quare impedit against J. Hecker, of an Ad∣vowson appendant, the Defendant saith, that it is an Ad∣vowson in grosse, and that W. S. his Master presented W. S. and that he died, and J. Hecker was chosen Master, and presented J. Hecker, the Defendant, and for that he hath confessed and avoided the Plaintiff for gaining of Posses∣sion, and for that he need not any Traverse.

10 H. 7. f. 27 Quare impedit, and counts of an Advow∣son in grosse, the Defendant saith, that it is appendant to a Mannour which descended unto him, and he ought to traverse.

5 H. 7. fol. 12 Trespasse, Defendant saith that Nicholas his Grand-father was seised in Fee, and died seised, and that descended to his Father, and he entered, and by Pro∣testation died seised, and that descended to him: Plaintiff saith, that J. S. gave to Nicholas in Tail, and that de∣scended unto him as Son, and it is not good without tra∣versing the Dying seised in Fee of Nicholas, or confesse and avoid it.

Trespasse, the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament, granted that to him, and is good; for that confesse and a voyds the Grant; 7 H. 7. f. 15

Quare impedit against a Prior, the Plaintiff counts that he was seised of an Advowson in grosse and presented; the Defendant saith, that he was seised in right of his Mona∣stery

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in grosse and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff, and to the Presentee A. and good, for he hath confessed and avoided; 26 H. 8. f. 5

Trespasse, the Defendant conveyes the Land to her as Sister B. the Plaintiff saith, that B. had Issue a Daughter, and that he as Guardian in Socage entered, and it is good without traverse, for he hath confessed and avoided; 19 H. 8. f. 11 B.

Assise, the Tenant pleads that J. S. infeoffed him: the Plaintiff saith, that well and true it is, that J. S. in∣feoffed you, but it was upon condition, and that J. S. en∣tered for the condition, and infeoffed the Plaintiff, and this is good, for he confesses and avoides the Defendant, 6 H. 7. f. 8

Forging of Deeds, and counts that the Defendant hath forged a Deed, by which J. Beak infeoffed W. T. the De∣fendant saith, that long time before the Plaintif had any thing, that J. Beak infeoffed W. and Alice his Wife which died, and the Defendant as Heir of W. read and pro∣claimed the Deed, and ought to traverse forging; for where the Defendant justifies a thing, prohibited by the Law in a speciall manner, he ought to traverse, as in Main∣tenance; if he justifie, he shall say, he shall say without that, that he maintained in other manner; 32 H. 6. f. 1

Trespasse of Assault and threatning, the Defendant saith, that the Plaintiff called him Traitor, and he said, thou lyest in thy throat, it is no Plea, for he doth not con∣fesse any threatning 37 H. 6. f. 3

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