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.

Material.

Let us see what things are material in pleading, Evidence and Verdict, and otherwise, and what not.

ACtion upon the Case in London, and counts that he was possessed of Wine and Stuff, and shews that cer∣tain in such a Ship, and the Defendant at London assumed for ten pounds, that if the Ship and Goods did not come safe to London, and are put upon the Land there, that then he shall satisfie one hundred pounds to the Plaintiff, and counts that aftewards the Ship was ••obbed upon the Trade in the Sea, and for not satisfying, Action did accrue, and though that the Plaintiff doth not shew where he was possessed, it is good, and though it appear upon the Evi∣dence, that the Bargain was made beyond Sea, and not in London, yet for that the place is not local, it is not material, and though they were robbed upon the Sea, the Action lies in London upon the Assumpsit, 34 H. 8. Tit. 107.

40 Ed. 3. fol. 2. Precipe, against H. Son of W. Osmond, the Tenant at the great Cape came before he saved his default, and saith, that his Father is named Ed∣mond, and not Osmond, and shall have that Plea before he save his default, and that is material, for mischeif of the Warrant: 40 Ed. 3. f. 48.

41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father, where he was Heir to his Father and Mother, for the Lands were given to the Father and Mother, and to the Heirs of their two Bodies, and the Mother survived, and yet it is good, for the Action is personal, and it is not ma∣terial if he be named Heir to one or other; 43 Ed. 3. fol. 4. the same.

3 H. 7. f. 14. Where a Jury appears, and notwithstanding the Distresse, for the Jurors were not w••ll returned, it is not material, and for that it shall not be assigned for Error.

21 H. 7. fol. 36. It seems in the Case of a Lease of Com∣mon, except profits, that where a Lease is pleaded to be made one day, and it is found by Verdict to be made ano∣ther day, the day is not material, and the party shall re∣cover;

and where Trespasse is alleadged to be made one day, and it is found to be made another, it is not material, but the party shall recover.

33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say, that he is dwelling at S. and not at D. for it is a recitall not materiall. 34 H. 6. f. 21. Debt against J. wikes at Bristoll.

38 H. 6. f. 9. The Array was challenged, for that it was made at the denomination of the party by one J. S. the Sheriffs Clerk, and given in Evidence, that it was made at the denomination, by the Baillff of the Franchise, and that is good Evidence, for the substance and effect is, if it were made favourably or not, and the other is not ma∣teriall.

32 H. 6. fol. 3. The Original in Debt is two and forty pounds, and there is a Supersedeas sued upon that, for that the Defendant is Clerk of the Chancery, and the Supersedeas doth mention four and forty pounds, and yet for that he is a Clerk of the Chancery hath the priviledge allowed, and the other is not material.

36 H. 6. f. 2. Debt upon a Recognisance, the Defendant pleads no such Record, and it is certified Recognisance upon Condition not expressed, and the Plaintiff shall re∣cover, otherwise it is, if it were certified upon Condition therein.

42 E. 3. f. 3. Covenant by one as Heir, where a Covenant was made to his Father and his Heirs, to sing Divine Ser∣vice within his Mannour, he need not to be named Heir, whether he be named Heir or not, it is not material, for if he be Tenant of the Land, it shall not abate for that, for he that hath the Mannour shall have this Covenant, for the thing is to be done upon the Land; 44 Ed. 3. f. 38.

44. Ed. 3. fol. 45. Assise of Tenements in Belham, Defen∣dant pleads Recovery of the same Lands put in View in Eston, and for that, that the Town is not material in Assise (for he shall recover by View of the Jurors) is good.

6 H. 7. fol. 6. Appeal against J. Hasset, Cannon of the Monastery of W. the Defendant saith, no such J. Hasset Cannon of the Monastery of W. it is not good, for if he be Cannon or not, it is not material, but no such J. Hasset as is supposed by the Writ; 10 H. 7. f. 27.

3 E. 2. tit. Eschea•• 8. In Escheat, the Plaintif counts that his Tenant committed Felony, for which he was at∣taint, and the count was challenged, for that he doth not say for what Felony, and yet it is good, for it is not mate∣riall for what Felony it was.

7 H. 4. f. 1. Debt by a woman, Defendant pleads that shee is out-lawed at the Suit of J.S. and the Plaintif pleads no such Record, and she was out-Lawed at the Suit of N.S. and she shall not be answered, for it is not materiall at whose Suit she was out-Lawed.

4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not materiall, for the Obligation is good without, to be paid, and may count solvendum J. S. and it is good.

7. Ed. 4.5. Hominereplegiando, by an Abbesse, they were at Issue, and it is a principle challenge, that one of the Jury was cozen to a Nun of the Abbesse, and it shall be tried if he were Cozen or not, and it is not materiall how he is Cozen.

9 Ed. 4. fol. 4. A man is bound in an obligation, the con∣dition of that is, if he go to the Church and marry his Daughter, &c. and he rides and marryes her, that sufficeth, and the other not materiall, for the Marriage is the sub∣stance, and not going, or riding to do it.

10 Ed. 4. fol. 13. Detinue, against J. Curson and the writ was, command J. Curson, Son and Heire of J. Curson, where in truth he was Son of William Curson, and the Plaintiff counts of delivery of Goods, and for that it is not materi∣all.

12 Ed. 4. fol. 1. Trespasse of Goods taken, the Defendant saith that in London there is a Market every day but Sun∣day, and that J.S. sold them to him upon a Fryday, and though he do not shew what year, it is good, for it is not materiall.

22 Ed. 4. tit. 128. Shewing of Deeds, trespasse by Admi∣strator, and counts of Goods taken out of his own possessi∣on, he need not shew Letters of administration, for that it is of his own possession, and is not materiall.

38 Ed. 3. tit. 14 Detinue of writings, by J. Son of T.W. it is no Plea that the Plaintif is a Bastard, for he demands but Chattells, whereof he was in possession, and it is not materiall.

15 H. 7. f. 11. Trespasse, where the Defendant conveyes to him title by diverse scoffments of strangers the Plaintiff may traverse any which he will, but if he convey any title from the Plaintiff himself, that is more materiall and tra∣versable.

3 Ed. 4 fol. 19. Trespasse, the Defendant saith that J.S. gave in taile to his Ancestor, which dyed seised, and this discended to him, the Plaintiff saith that he was seised in Fee, in right of his Church, till the Defendant outed him, and ought to traverse without that, that J.S. gave in taile, &c. For this is most materiall, 15 Ed. 4. fol. 2. the same.

26 H. 8. f. 1. The King recites that for the good service that he had done in the Warrs, he grants, where he was ne∣ver in the Warrs, it is a good grant, for the recitall is mat∣ter in deed, not materiall.

9 H. 7. fol. 7. If the King make a Denizen, and recite that where he was borne in France, where indeed he was borne in Spain, this grant and making him Denizen, is a good grant, and the recitall is not materiall.

3 H. 6. fol. 9. Where processe is miscontinued, and Judg∣ment given by default, this Judgment upon miscontinu∣ance is errour, and may be assigned for errour, but where it is miscontinuance of processe, and the party appear and pleads, and Judgment upon Verdict is given, this cannot be assigned for errour. See, 3 H. 7. f. 8.

1 H. 7. f. 12. Errour was assigned, for that it was contai∣ned in the Record, that in base Court the Entry was, that the Court was held upon Tuesday, that is the third day of March, where Munday was the third day of March, and this was adjudged errour, and the (Videlicet, &c.) mate∣riall.

4 H. 7. f. 6. Where one is named Executor, where that name Executor is not materiall, the Writ shall not a∣bate.

17 Ed. 4. f. 2. Where the Defendant in trespasse pleads, that the plaintiff bargained and sold to him ten acres of Corn, though he do not say ten Acres sowne with corn, it is not materiall, for it is usually so called, and a good Plea.

1 H. 7. f. 21. A certaine Memorandum was entred, that is to say, Memorandum that Simon Wiseman came this 31 day of November, this Tearme of S. Michaell.

2 H. 7. f. 11. If processe be miscontinued, and the party appear and pleads to the Issue, and Judgment is given, there the miscontinuance is not materiall, and is no Er∣rour.

9 Ed. 4. f. 42. Trespasse of a Bagg taken with Money, the Defendant saith, that the Plaintif was indebted to him in a certain summ, and delivered that unto him for discharge, and is good, though he do not shew for what cause he was indebted, for this is not traversable, and for that is not ma∣teriall.