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.

Count.

Count shall be more certaine then a Barr, and yet sometimes it is good by intendment, that is if Common reason do not imply contrary to the Count, it is good by intend∣ment.

DEbt upon obligation without date, yet the Plaintiff ought to count when it was made: But otherwise it is if the Defendant plead an Acquittance without date, 3 H. 4. f. 5. 6 Ed. 4. f. 11. Debt or annuity without date, the same, 5 H. 7.24 B. of annuity.

Quare impedit, If the Plaintiff counts that foure persons were seised of a Mannour, to which the Advowson is ap∣pendant, whose Estate he hath, it is not good without coun∣ting how he hath it, otherwise it is in Barr, 2 H 6. fol. 10.

Action upon the case, of borrowing a Horse to ride to York, and counts that he rode him further, he ought to count in what County York is, 21 Ed 4. fol 79 b

Debt, and counts that if the Defendant make voluntary wast, he should pay twenty shillings, and counts that he made wast in sale, and for that, that he doth not count how, it is not certaine, and not good, 9 H. 6. fol. 11.

Decies tantum, for imbracing, and counts that at D. he hath taken Money to imbrace, but for that, that he doth not count that he hath imbraced, nor how or where he im∣braced, it is not good, 37 H. 6. f. 31

Deceit against an Attorney, for acknowledging satisfa∣ction, and ought to count where he was not satisfied, for otherwise it is uncertaine, and shall not be implyed, and intended, 11 H. 6. f. 2. B.

Rescous, and counts that he distrained for Rent, &c. and for that, that he doth not count, which were the daies of payment, it is not certaine, and is not good, 8 H. 4. fol. 1.

VVhere one Avowes for that, that he held of him, by the third part of the fee of Knights Service, and for that, that he doth not shew, by what manner of Knights Service, it is not good, 12 H. 8. f. 13.

Debt by Stradling, and counts of taking excessive fees in

paying Pensions, where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that, that he doth not count, that they continued in the hands of Ed. 6. it is not good, for the Statute was made in the time of Ed. 6. that if any Receiver of the King took &c. he should pay for every penny six shillings eight pence, and that might have two meanings, one with the Plaintiffe, the other against him, and for that it is not good, P.C. fol. 202.

Forging of Deeds, the Writ is, divers false Deeds, and counts of a Deed of Feoffment, and of a Writing and assurance of a Letter of Attorney, and for that the Count is not good, 35 H. 6. fol. 37. b.

Debt, The Plaintiffe counts upon a Lease made by him, and E. late his Wife, by Deed indent, and counts for the Rent behind, and though he do not count that his VVife was dead, yet it is good, for it cannot be by rea∣son but she is dead, 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4.

Account, the Plaintiffe counts that the Defendant was his Receiver such a day, till the Feast of Saint Micha∣el, and there are two Feasts of Saint Michael, that is, Michael in Tumba, and Michael the Archangell, and though it be not at which Saint Michael, it is good, and shall be intended Michael the Archangell, which is more known, and the more observed Feast. 20 H. 6 fol. 23.

Trespasse, and counts that the Defendant entered into a Warren at D. and drove away the Conies, and not say drove them away there, and yet it is good, and shall be intended there, 44 Ed. 3 fol. 12

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.

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

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