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.

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Title
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.
Author
Kitchin, John.
Publication
London :: Printed by T: Roycroft, for M: Walbanke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple,
1651.
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Subject terms
Courts baron and courts leet
Courts of special jurisdiction -- England
Pleading -- England
Writs -- England
Real property -- England
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A87798.0001.001. University of Michigan Library Digital Collections. Accessed May 16, 2024.

Pages

Matter uncertain.

See where it is uncertain in Matter, and where not.

TRespasse, the Defendant pleads, that the Plaintiff was indebted to him in a hundred Markes, and that he pawned the Goods till he were paid, and for that, he doth not shew for what the Debt was due, nor whether he paid it or no, it is uncertain, and is not good: 5 H. 7. f. 1.

Trespasse, if the Defendant saith that A. was seised of the Mannour of D. whereof the place is parcell, he shall say at what time the Trespasse is parcell, otherwise it is not good: 32 H. 6. f. 24. & 10 H. 7. f. 28. the same.

One pleads a Fine levied to B. of the Mannour of D. and that the Tenant attorned to B. and for that he doth not say, that the Conisee was seised of the Mannour at the time of the Attornement, and also for that, that he doth not shew what Terme the Fine was levied, it is not good: 10 H. 7. f. 28.

Found by Office that the Lord Greystock Tenant of the King died seised, and one came to traverse that, and said, that the Dean of York recovered in a Writ of Right a∣gainst the Lord Greystock, and entered, long before the Inquisition, &c. and gave to him in Tail, and it is not good; 3 H. 7. f. 2. for that it is not shewed if the Entry was in the life of the Lord, or after his death.

Forcible Entry, where the Defendant saith, that J. H. and H. Wood infeoffed Fines and Sackvile, and iustiffies as Servant to them; the Plaintiff saith, one J. S. J. Hook, and H, Wood infeoffed him, and for that he doth not say, the aforesaid J. Hook and H. Wood, it is not good: 1 H. 7. fol. 19.

Where one pleads Barr, which comprehends but one matter, this shall be certain, as Arbitrement, he ought to shew where the Submission was made, and if that compre∣hend two matters, he need not to shew both so certain, as it is said, Free-hold of a stranger, and he as Servant, and

Page 452

by his command entered, it is good without shewing where the commandement was, 3 H. 7. fol. 11. B.

Quare impedit, The Defendant saith, that J.S. granted the next avoidance to A. which presented, and the Church is void, and the next avoidance was granted to B. which died intestate, and the Ordinary sequestred, and for that, that he doth not shew the name of the Ordi∣nary, it is not good, 9 H. 7. fol. 23.

Trespasse, the Defendant pleads that it is the Free∣hold of John Sherewood, and that he by his commande∣ment entered, and for that, that he doth not shew where the command was, it is not good, otherwise it is, if he had justified as Servant, and by his commandement, 12 Ed. 4. fol. 10.

Trespasse, upon the Statute of Rich. the Defendant saith, that his Predecessour, Master of the Hospitall of Saint Johns of Jerusalem, was seised, and died, and that he was Master, and entered after his death, and might be Master by Election, Collation, or Presentment, and for that it is not good, 34 H. 6. fol. 27.

Debt upon Obligation, the Defendant saith, that it is indorsed upon condition to be at the award of J.S. who awarded that he should discontinue his Action, which he had made, which he hath done, and for that it is not shew∣ed what Action, nor ow it is hanging, it is not good, 36 H. 6. fol. 9.

Maintenance, The Defendant iustifies for that, that he was his Servant, and the Plaintiffe saith that he gave four Marks to maintain, and for that, that he doth not say, hanging the Plea, it is not good, for it may be before, and then it is no Maintenance, 3 H. 6. fol 54.

Trespasse, The Defendant pleads that J.S. enfeoffed the Plaintiffe to the use of Alice, by force whereof the said Alice gave to him the Trees, and it is no Plea, for he doth not shew if the Plaintiffe were seised at the time of the gift to the use of Alice, 7 H. 7 f. 3.

Trespasse, if the Defendant iustifie by command of him to whose use he ought to say, that at the time of the com∣mandement they were seised to the use, &c. the same Law, if one plead a Lease, and Release, he ought to say, that he was possessed at the time of the Release made, 10 H. 7. f. 26. & 7 H. 7 f. 3. the same.

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That which is Issuable ought to be pleaded certainly.

ONe avows for that, that the Plaintiffe held of him by a Knights Fee, and this is not good, for that he doth not shew by what Knights Fee, 12 H. 8. fol. 13.

3 H. 7. f. 2. One traverses the Office found after the death of the Lord Greystock, the Kings Tenant, which was found that he died seised, and he said that the Dean of York recovered against the Lord G. in a Writ of Right, long before the finding of the Office, and it may be he re∣covered against him long before the finding the office, and it might be, after the death of the Lord Greystock, and for that it is not good, for it is uncertain. So if one plead that he entred for that, that his Tenant aliened in Mort∣main, he ought to shew that he entered within the year, otherwise it is not good.

26 H. 8. fol. 2. Debt upon Obligation, indorsed with condition, if he make an Estate, as it shall be devised by the Plaintiffe, Defendant saith, that he hath made an Estate, and it is not good, without shewing what Estate.

1 H. 7. fol. 13. One comes to reverse an Outlawry of Felonie, and pleads that he was in the Castle of Oxford, at the time of the Outlawry published, and for that he doth not shew, in what County the Castle is, nor under whose custody, it is uncertain, and not good, for these are Issuable.

2 H. 7. f. 6. Dower against the Heire, he saith, that he was ready to render Dower, if she would deliver to him the Writings concerning his Land, and for that he doth not shew what Writings, incertain, it is nor good, for it is Issuable.

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