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.

Intendments.

Pleas good by Intendment, and how.

INformation for Liveries, it is shewed that Cloth was gi∣ven at D. but not how it was used, and it shall be intend∣ed there, and good: and Trespasse, he broke his Close at D. and made an Entry, and shall be intended to be there: 5 H. 7. f. 18

Appeal of Rape, (is Rapuit) and though it be not, fello∣nioussy rapuit, it shall be intended: 1 H. 6. f. 1

Waste against Beatrix, which was the Wife of the Earle of Arundell, though that she were not named Countesse, it is good, and shall be intended Countesse: 2 H. 6. f. 11

Debt and Counts upon Indenture, that the eldest Son ought to marry K. and if he died before carnal knowledge, then that the youngest should marry her, if the Ecclesiasti∣cal Law would permit it, and Counts that he purchased a Dispensation, and required him to marry her, and he refu∣sed, and though he do not shew if the Request to marry K. was before noon or not, nor if K. were alive at the time of the Request, it is good, and shall be intended: 12 H. 8. f. 6

Trespasse, one iustifies as Servant of J. S. and though he do not say, and by his commandement, it is good, and shall be intended: 13 H. 7. f. 13

If one plead a Deed dated at D. it shall be intended delivered there: 1 H. 6. f. 3

Waste by the Prioresse of the House and Church of C. the Writ was to the dis-inheriting of the Prioresse of the House and Church of C. (leaving out praedict.) but it shall be intended: 10 H. 7. f. 5

Annuity is Grant, provided that he be of honest con∣versation, and the Grantee pleads in Action, that he was of honest conversation, and that he doth not say alwayes after the Grant, it shall be intended to be of honest con∣versation, for every one shall be intended to be of honest conversation, till the contrary be shewed: 22 Ed. 4. fol. 28

Divers pleadings shall be good by intendment, as in action against the Sherif for imbezzilling a Writ, and doth not say that he was Sherif at the time of the imbezzilling, but it shall be intended, 22 Ed. 4. b. Tit. Pleading, 109.

If one plead that one John Pur••bote, Master of the Colledge, and his fellow brethren were seised in Fee, that shall be intended in Right of their Colledge, for it hath but one intendment, Plowd. Com. fol. 102. Fulmerstone.

Entrie upon the Statute of Rich. the Defendant saith, that the third part was to J.S. and that he entred by his commandement, and doth not say, whether the third part were severed or not, but it shall be intended sever∣ed, and good, 37 H. 6.38. and 38 H. 6. fol. 8. the same.

Trespasse of two Coffers taken in D. the Defendant saith, that the property was to J.S. and gave them at D. to him, and though he do not shew how the property was to him, it is good, and shall be intended when the gift was made, 1 Ed. 5. fol. 3.

Scire sacias, by Sir T. Chaworth, Cozen and Heire of one Hawes, of a gift by Hawes in Tail, and the remain∣der in Tail, and counts that the Donee, and he in re∣mainder are dead, without heire of their bodies, and that to him ought to revert as Cozen and Heire of Hawes, and though he do not say, that Hawes is dead, it shall be intended, for otherwise it cannot revert to him, as Cou∣zen, &c. 33 H. 6. fol. 54.

Where one avoweth, and saith he was seised by the hands of one J.S. his Tenant, and though he do not say, then his Tenant, it shall be intended, 34 H. 6. fol. 8.

14 H. 8. fol. 12. Wast against P. which he held for Term of years, and Counts, that in the tenth year of H. 7. the Plaintiffe let to P. for Term of one year, and from and so from year to year, so long as both parties were pleased, (by vertue of which) he was possessed and occupied by 24 years, and now it is thirty years, from the 10. of H. 7. and where the Count is (by vertue of which) he occupied by 24 years, by implication it shall be intended, and no more, and it shall be (which he held) and not which he doth hold.

Plowd. Com. fol. 409. Where H.C. devised, &c. that none of his Sons should alien, and it is pleaded that H.C. hath Issue J. and F. that shal not be intended that he hath more, till the contrary be shewed of the other party.

12 H. 8. fol. 3. Trespasse, why he beat his Servant, and took away a dog called a Blood Hound, and though he do not count that he might spend forty Shillings, it shall be intended, that he might, till the contrary be shewed.

9 H. 6. fol. 10. Debt, and Counts of a Lease, by the Plaintiffe, and E. late his Wife, and though he do not count that she is dead, it shall be intended.

20 H. 6. fol. 24. Account, and Counts, that the Defen∣dant was his Receiver, at such a day, untill the Feast of Saint Michael, and it is not Michael the Archangell, nor Michvel in Tumba, and it shall be intended Michael the Archangell, and good.

8 H. 5. f. 4. Quare impedit, by the Husband and his Wife, and counts that they were seised of a Mannour, in Right of his VVife, to which an Advowson was appen∣dant, and though he doth not shew what Estate, it shall be intended the best Estate, Fee Simple.

36 H. 7. fol. 3. Trespasse and Counts of assault at D. and gave so many threatnings, that about his businesse, &c. and doth not shew where, and shall be intended at D. and good.

Plea good by Intendment till contrary be shewed.

PLowd. Com. fol. 74. Assise. Wimbishe, Venire facias, directed to the Coroners, which surmise in the end, that the Sheriffe is Cozen, and the Assise to the Coro∣ners is also (except Curson his Cozen) and it is good, and shall be intended Cozen of the whole blood, till the con∣trary be shewed by the Defendant.

19 H. 8. f. 11. Trespass, Defendant saith that B. was seised in Fee, and died seised, and that descended to him as Co∣zen and next Heire, that is, Sonne of N. Sister of B. Plain∣tiffe saith, that B. had Issue a Daughter, and that he as Guardian in Socage of his Daughter, took her, and good, and though it might be that the Daughter were of the half blood, it shall not be intended, till it be shewed of the other part.

Plowd. Com. f. 103. Fulmer••••one, Trespasse, Defendant saith, that in the thirtieth yeare of H: 8. that W. Master of Rushworth, and his fellow brethren, let to him an

an hundred Acres, parcell of the Mannor of E. for fifty yeares: Plaintiff saith, That before that is in the yeare, &c. J. P. Master, and his fellow brethren, let to the Defendant the Mannor of E. except a Tenement late Lar∣gentine, for sixty yeares, and that by the Statute of 31 H. 8. for that, that the first Lease was in being, the second was voyd, and though that by Replication he doth not shew that J. P. the Master was seised in right of the Colledge, it shall be intended till contrary be shewed.

Plowdens Commentaries, fol. 26. Colthirst, Barr is good to common intent, though it be not good to every speciall intent, yet where parcell of the substance is left out, it is not good: It is good to common intent, where such in∣tent is not indifferent; but is such intent which hath more stronger presumption, then any other intent hath.

3 Edw. 2. tit. Escheat 8. And counts that his Tenant committed Felony, by which hee was attaint, and the Count was challenged, for that, that he doth not say, for what Felony, and yet good; for it is not materiall for what Felony it was.