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.

Pleas uncertain.

Where it is uncertain in place, and where not.

TRespasse, for that that the Defendant holds Land of him in Reseleigh, by reason of which he ought to scowre Ditches, and for that he doth not shew where those Ditches are, it is not good: 46 Ed. 3. f. 8

Trespasse, it is a good Plea to plead, that there was an Arbitrement that he should pay ten pounds, which he hath paid, without saying, where he hath paid it: 8 H. 6. fol. 74

If Surrender or Attornement be pleaded, which is matter in deed traversable, it ought to be shewed where it was made: 18 Ed. 4. f. 16. B.

Where one avowes upon a Grant of a Rent-charge made to him, and that one attorned, he ought to shew in what place: 2 R. 3. f. 13

Annuity, the Defendant saith, that he tendered that to him, and for that he doth not shew where, it is not good, for it is matter in deed issuable, which ought to be shewed certain: 9 H. 6. f. 16

Held, if one plead Arbitrement in Barr, he ought to shew where the Submission was made: 9 H 6. f. 50

Decies tantum, for imbracing, and for that he doth not shew where it is not good: 37 H. 6 f 31

1 R. 3. f. 1 Presentment in the Sheriffs Turn, that A. Ab∣bot of D. had a Tann-house, and had tanned Leather in∣sufficiently, and that he had sold and uttered the same Leather, contrary to the Statute; and for that he doth not shew in what place it was sold and uttered, it is not good; for there is no place upon which the View shall be, and that is material.

3 Ed. 4. fol. 30 Trespasse, Defendant pleads Lease for years, and ought to shew where it was made, for it is tra∣versable.

5 H. 7. f. 3 Presentment, that an Abbot and his Succes∣sors use to cleanse a Gutter by the high-way, by reason of the Tenure of some of their Land, and this is issuable, for that it ought to be alleadged where the Land is.

Where one avowes for Rent-charge granted to him by Deed, he ought to shew in what County, and where it was granted: 5 E. 4. f. 11

If one plead a Lease made to him for years, he ought to shew where it was made: 5 H. 7. f. 24 & 3 E. 4. fo. 27. B. 18 E. 4. f. the same.

False Imprisonment, if the Defendant justifie the Ar∣rest by Precept, he ought to shew where the Precept was made: 14 H. 8. f. 18 & 21 H. 7. f. 73 the same.

Where the Defendant pleads that J. S. hath Goods in divers Dioces, and the Administration belong to the Me∣tropolitan, if he do not shew in what Town the Goods are, it is not good: 10 H. 7. f. 16.

Debt upon Arrerages of Annuity granted to him, till he were promoted to a Benefice, to plead that he took a Wife is not good, if he do not shew where, for it is tra∣versable: 35 H. 6. f. 50

Where the thing is issuable, it ought to be shewed in what place it was.

INformation of Liveries, the Plaintiff ought to count where the Cloth was given, that is, at D. 5 H. 7. f. 18

12 E. 4. f. 11 Trespasse, Defendant saith, that the place where, &c. is the Free-hold of J. S. and that he by his commandement entered, he ought to shew where the com∣mandement was given, but if he iustifie as a Servant, and by his commandement, he need not shew where the com∣mandement was.

35 H. 6. fol. 59 Debt upon Arrerages of Annuity, De∣fendant saith, it was granted to the Plaintiff, till he was promoted to a Benefice, and saith, that he was promoted to a Benefice, and ought to shew where, for it is issuable.

Uncertain for Year or Day.

TRespasse, the Defendant iustifies, that be entered as Lord, for that, that the Tenant aliened in Mortmain, and for that he doth not shew what Day and Year, it is not good: 7 H. 7. f. 5

Qnare impedit, the Defendant saith, that the next Avoi∣dance was granted to J.S. which died intestate, and the Ordinary sequestred, and for that that it is not what year he granted, it is not good: 9 H. 7. f. 23.

Trespasse of Goods, to plead that in London is a Market every day but Sunday, and that he bought them on Friday, this is good without shewing what year, for the year is not material, by Choke, 12 Ed. 4. f. 1.

Assise, if the Tenant plead that one Plaintiff died after the last continuance, he ought to shew what day, which may appear: 18 Ed. 4. f. 13. B.

Escheat, it is good without counting what day he com∣mitted the Felony, for the day is not material, if it be one day or other: 40 Ed. 3. f. 45.

Debt, and counts that the eldest Son married K. and if he died before carnal knowledge, that the youngest should marry her, if the Ecclesiastical Law would permit, and counts that the eldest married her, and died before carnal knowledge, and that he purchased a Dispensation, and re∣quired

the youngest to marry her, and he refused, and though he do not shew what day, it is good: 12 H. 8. f. 6.

Assise brought the same Day that the Disseisin was made, it shall be intended that the Disseisin was first, and that the Writ was brought after the same day: 4 H. 6. f. 7.

Rescous, and counts that he distrained for Rent, and doth not shew the dayes of Payment, and for that not good: 8 H. 4. f. 1.

Obligation of two hundred Markes, and the Condition is to pay one hundred Markes at a day certain, and in Debt the Defendant pleads that he hath paid the hundred Markes, and for that, that there is but a day, which may be according to the Condition, it is not good: 47 Ed. 3. fol. 13.

Where a day is issuable, it shall be pleaded certain, as one pleads a Lease made to him for years, he ought to shew when it was made: Plowd. Com. f. 24.

Debt upon an Obligation, which is endorsed with a Condition, that if the Defendant renounce all the Admi∣nistration, &c. and no day is in the Condition, when it shall be, and the Defendant pleads that he hath re∣nounced the Administration, and for that, that he doth not shew what day, it is not good, for it may be after the Writ purchased, and then it is not good: 15 Ed. 4. fol. 29.

Trespasse of Swannes taken, the Defendant saith, that long time before the Trespasse supposed, the property was to J. S. which gave them to him, the Plaintiff saith, that long time before J. S. had property, the property was in him, and for that, that he doth not shew what day; it is not good; 31 H. 6. f. 12.

Entry by the Lord Cromwell of the Mannour of Amp∣hill, the Defendant pleads a Lease for years, and a Re∣lease, and it is not good, without shewing when the Lease was made, notwithstanding that it be shewed when that be∣gan, for that, that he ought to shew that the Lease was made such a day, and the Release after: 32 H. 6. f. 8.

Debt upon an Obligation, the Defendant saith it is en∣dorsed upon Condition, that if he infeoff him, and he then pay to him twenty pounds, that the Obligation shall be vold, and it is not expressed what day the Payment ought to be made, and yet he ought to shew what day, for that is

said to be forthwith after the Feoffment, for the words are, that then he shall pay: 33 H. 6. f. 48. B.