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.

Of his own Wrong.

Where of his own Wrong is good, and where not.

REplegeare, the Defendant avowes as Bailiff, for that a Prior held of his Mannour by Fealty and Rent, the Plaintiff saith of his own wrong, without such cause, it is no Plea, for here he ought to answer the substance, which is material, that is to say, the Lordship: 2 H. 5. f. 1

Where one iustifies by a Lease made to him by the Plain∣tiff, of his own wrong, is no Plea, otherwise it is, where he∣iustifies a Servant of a Lessee: 10 H. 4. f. 3.

If the Defendant justifie by licence, or commande∣ment of the Plaintiff, the Plaintiff shall not say of his own wrong, without such cause, not if parcell be of Re∣cord,

for these ought to be answered specially: 12 Ed. 4. fol. 10

Trespasse of Imprisonment, the Defendant justifies, for that he is Constable, and was assaulted by him, and broke the Peace, the Plaintiff may here say, of his own wrong, without such cause, for that, that no Record was alleadged: 5 H. 7. f. 6

Trespasse of Battery, the Defendant saith, of his own Assault: the Plaintiff saith, of his own wrong, without such cause, and this is good: 5 H. 7. f. 1

Trespasse, where one justifies as Servant by command, that he arrested the Plaintif, or that he came at the request of the Sergeant, &c. of his own wrong without such cause, is no Plea: 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31

If the Defendant plead licence, or a Lease of the Plain∣tiff, of his own wrong, is no plea: 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 & f 9 the same.

Where a Sheriff justifies to make Execution, of his own wrong, is no plea, otherwise it is where he justifies as Bai∣liff by command of the Sheriff: 19 H. 6.

Trespasse of Battery, Defendant saith, that the plaintiff beat one W. to death, and the Constable came to arrest him, and he stood at defiance, by which the Defendant came in aid, and the hurt which he had was of his own As∣sault, the plaintiff saith of his own wrong, without any such cause, and good: 38 E. 3. f. 9

Trespasse of Grasse out, the Defendant justifies as Par∣son of the Parish, and that he took them as Tithes separa∣ted from the ninth part, the Plaintiff saith, of his own wrong, without such cause, and it seems it is no Plea, and then the Plaintiff replied as above, without that, that they were severed from the ninth part, and good: 16 E. 4. fol. 4

9 E. 4. f. 27 Trespasse, the Defendant justifies the Im∣prisonment, for that, that the Plaintiff assaulted J. N. to have robbed him, for which he put him in the Stocks, of his own wrong, &c. is good.

41 E. 3. f. 29 Trespasse, the Defendant justifies, for that Attachment was awarded out of the Court Baron, to the Bailiff, to attach a Horse upon a Plaint entered there by him, and that he came in aid of the Bailiff: the Plaintiff saith, of his own wrong, without such cause, and this is good.

38 E. 3. f. 3 Replegeare of Beasts taken, the defendant justifies for Execution of a Recovery in Court Baron of twenty shillings, the Plaintiff saith of his own wrong, with∣out such cause, and held that he shall not have this gene∣ral Averment, against a speciall matter, by which he said, that the Beasts were not delivered in Execution.

14 H. 8. f. 18 False Imprisonment, the Defendant iusti∣fies the Arrest of the Plaintiff by a Warrant of a Justice of the Peace, where the truth was, that when he was ar∣rested he had no Warrant, but after had a Warrant di∣rected to him, the Plaintiff may say of his own wrong, without that, that he hath any such Warrant, and gives the matter in Evidence.

2 E. 4. f. 9 False Imprisonment, the Defendant iustifies, that he took the Plaintiff wandring in the night for suspi∣tion, &c. The Plaintiff may say, of his own wrong, without such cause, but he cannot say of his own wrong, without that that he was wandring, for he cannot traverse the spe∣ciall matter, but where it is a matter of Record, or of wri∣ting, and not where it is a matter in deed.

13 R. 2. Tit. 28. Rescous, the Defendant iustifies to make Replevin by Warrant of the Sheriff, the Plaintiff saith, of his own wrong, without such cause, and it is not allowed, against this special matter, but of his own wrong, without that, that he had a Warrant of the Sheriff at the time of the delivering of the Distresse, &c.

33 H 6. f. 47 Trespasse of Goods taken in the County of Darby, the Defendant saith, that the Plaintiff fold them to J. S. in the County of Middlesex, and he by his com∣mandement took them, the Plaintif saith of his own wrong, without that, that J. S. commanded him in manner and form, and is good.

22 Book of Ass. 57 The Defendant iustifies as under the Eschea••or, for that Tenant of the King aliened without licence, and shews a Commission, and the Plaintiff saith of his own wrong, without such cause, and is good.

8 H. 6 fol. 34 Trespasse of Grasse cut, the Defendant saith, that the place where, &c. was the Free-hold of his Master, by which, by his commandement he entered, and made the Trespasse, the Plaintiff saith, of his own wrong, without such cause, and is good: but if the Master himself had been party, and had pleaded his Free-hold, of his own wrong, &c. had been no Plea.

28 Ed. 3. fol. 58. Trespasse of goods taken, the de∣fendant justifies by the commandement of his Master, for that, that the Plaintiffe is his Villain, the Plaintif saith of his own wrong, and is no Plea without answering to the Villainage.

10 H. 6. f. 3. Trespasse of two Horses taken, the de∣fendant saith, that he let to the Plaintif Land, rendring the Rent of twenty Shillings, and for this Rent behind, he entered, and took the horses, and the Plaintif saith of his own wrong, without such cause, and by Cotesmore it is no Plea, but he ought to answer to the speciall mat∣ter, as to say of his own wrong, without that, that any Rent was behind, 21 Ed. 4. f. 64.

42 Ed. 3. f. 2. Trespasse, for chasing in his free Chase, the defendant pleads license of the Plaintif to hunt there, the Plaintif saith, of his own wrong, without such cause, Inquire of this Issue.

16 H. 7. fol. 3. Trespasse of goods taken, where the defendant conveys his title from the Plaintif, there the Plaintif by replication may say, of his own wrong, with∣out such cause, 9 Ed. 4. fol. 41. the same.

9 Ed. 4. fol. 43. Trespasse of a bag with money, the de∣fendant saith, that the Plaintif was indebted to him in a certain summe, and delivered that unto him to content him, the Plaintif saith, of his own wrong, without such cause, and it is no Plea, for that, that he conveys from the Plaintif himself.

10 H. 6. fol. 9. Trespasse, for entring into his Pigeon∣house, and taking of Pigeons, the defendant pleads that the Plaintif gave him leave to take them, the plaintif may say of his own wrong, without that he gave him leave, 20 Ed. 4. fol. 4.

21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiffe, or his Ancestor, or that it is his Free∣hold, these shall be answered, and there of his own wrong, without such cause generall, is no good replica∣tion.

44 Ed. 3. f. 13. Trespasse, the defendant justifies for Har∣riot, the Plaintiffe saith of his own wrong, without such cause, the Issue was taken upon that 38 Ed. 3. fol. 7. the same.

44 Ed. 3. fol. 18. Trespasse, the defendant justifies, for

that, that the Plaintiffe was in VVard to the Prince, and he seised him, and granted the VVard to him, by which he entered and occupied, the Plaintiffe saith, of his own wrong, without such cause, and it is no Plea by the Court, but he ought to answer to the speciall matter, by which the Issue was taken that he held in Socage, and not in Knights Service, See 22 Book of Assises, 56. 41. Book of Assises, 21. and 12 Ed. 4. fol. 10.

14 H. 4. fol. 32. Trespasse of his Servant taken, the defendant justifies, for that the father of him, which is said to be Servant, held of J.S. in Knights Service, and that he died, and the Land discended to the Infant called Servant, being within age, and that the defendant by the commandement of the said J.S. seised him, the plaintif saith, of his own wrong, without such cause, and by Cheney, and Hull, for that, that the defendant hath al∣ledged speciall matter, that is, Tenure, in Knights Ser∣vice, the plaintif ought to answer to the speciall matter, and this is no plea, See 22 Book of Assises 85.

33 H. 6. fol. 29 Trespasse, where the defendant justi∣fies by the Kings patent of of his own wrong, &c. is no plea.

9 Ed. 4. fol. 22. Trespasse, where the defendant ju∣stifies by wreck by prescription, the plaintif saith, of his own wrong, without that, that it was a wreck, and good.

5 H. 7. fol. 9. Trespasse, the defendant justifies by cu∣stome of foldage by prescription, of all Sheep which pa∣sture in such a Common, the plaintif there saith, of his own wrong, without such cause.

Where a double Plea shall not be suffered, and where it shall.

PRior brought a Quare impedit, and counts that his predecessor was seised and presented, and the King sei∣sed his temporalties because of VVarre, and presented, and now it is void, and it belongeth to him to present, and it is not double, 40 Ed. 3. f. 10.

But in Quare impedit, and counts of divers present∣ments in his Ancestors, this is double, 1 H. 5. fol. 1.

Quare Impedit, by Tenant in Tail, and alledgeth a

Presentment in the Donor, and another in the Donee, this is not double, for the Gift is traversable; but if he al∣leadge Presentment in the Feoffor, and another in the Feoffee, this is double: 4 Ed. 4. f. 3

Debt against Executors, to plead fully administred, and so nothing in their hands, is not double, for one An∣swer makes an end of all, that is, that they have Assets, 3 H. 6. f. 3

Debt upon Obligation, and pleads Payment, and De∣livery of the Obligation in place of an Acquittance, it is not double, for one Answer shall be for all: 1 H. 7. fol. 15 and also it is no Plea.

Trespasse, the Defendant pleads Gift in Tail, and di∣vers Discents, and it is not double, for the Gift is onely traversable: 19 Ed. 4. f. 4

Bastardy is pleaded to ten Acres, and Release of all Actions, and that is double: 10 H. 6. f. 20

Non-tenure is pleaded to part, and Bastardy to the rest; and this is double: 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 & 40 E. 3. f. 21

Dower, the Tenant may plead Joint-tenancy of part, and that she detains Writings for the rest, which goes to all, and it is not double: 33 H. 6. f. 57 & 40 E. 3. f. 31

Assise of a Mannour, the Defendant pleads a Fine of one halfe to J. S. whose Estate he hath, and to the other halfe, pleads a Release of the Father of the Demandant, with Warranty, and demands Judgement, if against Warranty, Assise ought to have been of that Moity, and it is not double, for this goes but to the Moity, and is not, &c. 37 H. 6. f. 24

Debt upon an Obligation, that he was a Lay man un∣learned, and the Day of Payment was read to be at ano∣ther Day, and that it was delivered as an Escrow upon condition, that if others sealed, &c. and the others did not seal, and so not his Deed, this Conclusion hath made that single: 38 H. 6. f. 26