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.

Conclude.

Order and form, how one ought to conclude in his Plea.

WHere to a Bar there ought to be a Reply, the Con∣clusion of his Plea shall be (and this he is ready to prove) &c. (and where but ready that so) there it is o∣therwise; 33 H. 6. f. 21 & 12 Ed. 4. f. 13 the same.

As in Dower, the Tenant pleaded (not ever seised that Dower, he ought to conclude, (and of this he puts himself upon the Country) for no Reply shall be, (but ready that so.)

Where the Defendant pleads to the Issue, the con∣clusion shall be (and of this he puts himself upon the Countrey) and where the Plaintiffe pleads to the Issue, he shall say, (and he desires that this may be inquired by the Countrey, 26 H. 8. f. 4.

If one plead a Plea, which is not traversable, as no wrong, or generall Issue, or Record as Outlawry, he need not in his conclusion averr his Plea, that is, (and this he is ready to prove, &c. 36. H. 6. fol. 17.

When the Defendant justifies, he ought to conclude, (and this he is ready to prove, &c.) and when he pleads the generall Issue, he need not, 6 H. 4. fol. 18. and the Book of Entries, fol. 152. the same.

Quare impedit, If the Defendant plead that it is incor∣porated by another name, Judgement if Action, this conclusion is not good, but he ought, to conclude Judge∣ment of the Writ, 26 H. 8. fol. 1. ••nd 4 H. 6. fol. 27.

Where the Defendant saith, that the Parties to the Fine have nothing, but one such a one, whose estate he hath, he ought to conclude, (and this he desires may be inquired by the Countrey) and the aforesaid Plaintiffe likewise, it shall be entered, for here needs no Reply, but ready, that so as above, 12 Ed. 4. fol. 13.

Debt upon Obligation, the Defendant saith, that it was endorsed upon Condition to perform Covenants of an Indenture, and that part was read, and part not, and that he was a man unlearned, there he ought to conclude Judgement, if Action; the same Law is, where he saith it was made by constraint, or that he was under age, or that it was delivered as an Eserow, 7 Ed. 4.3 B. he ought to say Judgement, if Action, 14 H. 8. fol. 30.

Debt upon obligation, to plead payment, and delivery of that in place of an Acquittance, he ought to conclude judgement if action, but if he avoid that, for that it is ra∣ced or interlined, there it shall be concluded not his deed, for where a Deed is void, he ought to conclude not his Deed, and where voidable, or matter in Law, judgment if action, 1 H. 7 f. 14.

Debt upon Obligation, to say he is a man unlearned, and this was read to him to be with Condition, and so this Obligation being single, is not his Deed, 7 Ed. 4.

fol. 5. 15 Ed. 4. fol. 17. 16 Ed. 4. f. 1. the same, 9 H. 5. f. 15. and 3 H. 6. fol. 52.

Debt upon a Lease, to plead payment in another Coun∣ty, or levyed by Distresse, without concluding, (and so he ows him nothing) is good, 9 Ed. 4. fol. 57.3 H. 7. fol. 3. and 33 H. 6. f. 4. the same; but levied by Distresse or pay∣ment in the same County, is not good without conclu∣ding, (and so he owes him nothing.)

Debt for Wages upon a Bargain, to plead payment in the same County, and conclude, and so he oweth him nothing, is good, 40 Ed. 3. fol. 24.

Debt upon a Lease by Indenture, for the defendant to plead payment in the same County, it is no Plea with∣out concluding, and so he oweth him nothing to the point of the Writ, 1 H. 5. fol. 6.

Where he ought to conclude, and so not his Deed.

DEbt upon a single Obligation, the Defendant saith, that he is a man unlearned, and this was read to him, with a Condition, and so not his deed, 1 H. 6. fol.

3 H. 6. fol. 38. Debt by a Husband and his Wife, of an Obligation made to them, the defendant being Exe∣cutor, J.S. pleads Release of the Husband made to him, and the Release was of all actions, and demands, as Executor, and all actions personalls, and other de∣mands, and the Plaintiffe saith, that he is a man not learned, and it was read for Actions, as Executor, and so not his deed, and good, See 3 H. 7. fol. 5. and 19 H. 8.

1 H. 7. fol. 14. If the defendant confesse, that once by his own Plea his deed, he cannot afterwards conclude, and so not his deed: As if an Infant makes a deed, or a man by constraint, if he plead these matters to avoid that, he cannot conclude (and so not his deed) but where an Obligation is void, he ought to conclude, and so not his deed: as where an Obligation is made by a married Wife, or a deed raced or interlined, 1 Ed. 3. fol. 5. the same.

Where he ought to conclude according to his matter pleaded.

LIttleton, f. 39 Six manner of men are, against which if they sue Actions, Judgement may be demanded, if they shall be answered in the Conclusion of his Plea; and first, if he say, that the Plaintiff is his Villain, he shall say Judgement if he shall be answered; second, is outlawed; third, is a stranger born; fourth, is one attaint in a Pre∣munire; fifth, is professed in Religion; sixth, is excom∣municated: the Defendant may plead these, and demand Judgement, if the Plaintiff shall be answered.

34 H. 6. fol. 9 If the Tenant plead Joint-tenancy, or other Plea in Abatement, he ought to conclude, Judge∣ment of the Writ; and where one pleads in Barr, he ought there to conclude Judgement if Action.

49 Ed. 3. f. 24 Account of Receit in C. the Defendant saith, that C. is within the five Ports; Judgement if the Court will acknowledge it, and so alwayes to the Juris∣diction, that is Conclusion as Parson sue for Tithes, &c.

In divers Cases they ought to conclude in the Negative, where so to the Affirmative pleads that his Plea is but as an Argument, and not full Answer, and also to make the matter in Law plain.

SCire facias against a Parson of Ar••erages of an Annuity; the Defendant pleads, that before the Writ purchased he resigned, and so not Parson, and it is good, 7 Ed. 4. fol. 16

10 H. 7. f. 4 Said in Debt upon a Lease for the Rent behinde, if the Defendant pleads Payment in another County, this is good without concluding, (and so he owes him nothing, &c.) But if he plead Payment in the same County, it is no Plea without concluding, and so he owes him nothing; 9 Ed. 4. f. the last.

9 Ed. 4. fol. 15 Debt against Executor which pleads that J. S. recovered against them an hundred pounds, and had Execution, and they have nothing come to their hands besides that: the Plaintiff saith, the Testator did owe no∣thing to J. S. and so the Recovery false and feigned.

21 Ed. 4. f. 71 Dower, the Tenant saith, that the Hus∣band

was not seised, that she could have Dower, &c. The Plaintif saith, that T. the Father of her Husband died seised, and that descended to her Husband which died before En∣try, and so he died seised, and in Formedon of Lands reco∣vered in value, he ought to conclude, and so gave.

19 H. 8. fol. 6 Right of Ward, and counts that the An∣cestor of the Infant died in his Homage; the Defendant saith, that he held of him in Socage, without that, that he died in his Homage: the Plaintiff saith, that J. S. and D. were seised to the use of the Ancestor of the Infant, and so the Ancestor died in his Homage.

12 H. 7. f. 7 Where the matter before the (So) is sufficient Barr, there the (So) shall not be entered, as in Trespasse or Assise, the Tenant justifies, and so not guilty.

32 H. 6. fol. 16 Where the matter before the (So) is matter of Barr, and sufficient, there the matter after the (So) is not traversable, and contrary if not sufficient.

5 Ed. 4. fol. 5 Debt upon an Obligation for Bail, and is named Sheriff, the Defendant ought to plead that, and conclude, and so not his Deed, but not generally, it is not his Deed.

19 H. 8. fol. 7 Juris utrum, the Tenant saith, that his Fa∣ther was seised, and died seised, and the aforesaid Plaintiff abated, and he recovered, and so his Lay Fee, and not the frank Gift of the Plaintiff.

38 H. 8. fol. 26 Debt upon an Obligation, Defendant pleads divers matters, and concludes, and so not his Deed, and this Conclusion hath made this single: 3 H. 6. f. 3