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.

Manner and Form.

Manner and Form, where it is materiall, and where not.

MAaintenance, The Defendant iustifies, for that, that he is his Neighbour, and informed him of a man learned in the Law, The Plaintiffe saith, that he gave money, the Defendant saith, that he did not maintain in manner and Form, and it is no Plea without answering to the speciall matter, 13 Ed. 4.14.

Trespasse, The Defendant saith, that the Plaintiffe is Villain regardant to the Mannour of D. the Plaintiffe saith he is free, and not Villain in Manner and Form, and Manner and Form is not material, but if he be a Villain, or not, 13 Ed. 4. f. 4.

Debt of the sale of a Horse for sorry Shillings, (where the Bargain was for two Horses) the Defendant pleads, that he oweth him nothing in Manner, and Form: the Jury ought to find for the Defendant, for that, that the Bar∣gain was for two Horses 40. s. and Manner and Form there is materiall, and parcell of their Charge, and so it is in every Case, where the Action varies from the Bargain, 21. Ed. 4. f. 22.

Debt upon sale simply, the Defendant saith, that the Sale was upon condition, without that, that the Plaintiffe sold that in Manner and Form, and is good, 1 H. 7. f. 13.

Trespasse, the Defendant justifies, for that the Plaintiffe held of him by Homage, Fealty, Suit of Court, and ten Shillings four pence, the Plaintiffe saith, that he held

by Fealty, and ten shillings, without that, that he held in Manner and Form, and found by Verdict that he held by ten Shillings four pence, and not by Homage, and the Plaintiffe had Judgement for that, that part is found against the Defendant, and Manner and Form is not ma∣teriall, 31 H. 6. f. 12. 9 H. 7. fol. 12.

Entrie in Casupro viso, and Counts of alienation in Fee, the Defendant saith, that he did not alien in Man∣ner and Form, as the Plaintiffe hath counted, and found that he aliened in Tail, the Demandant shall recover for (Manner and Form) are but words of Form here, but whether he aliened or not, is the substance, Littleton, fol. 113.

Lord and Tenant, and the Tenant brings Trespasse a∣gainst his Lord, and Justifies for that, that he held of him by Fealty and Rent, and for the Rent behind, that he took his beasts, and demands Judgement of the Wri••, (by force of Arms) against him, the Plaintiffe saith that he doth not hold of him in Manner and Form, and though it be found, that he holds by Fealty onely, yet the Writ shall abate, for (Manner and Form) is not mate∣riall, Littleton f. 113.

Trespasse of Batterie; or of goods taken, the Defen∣dant pleads not guilty (in Manner and Form) as the Plaintiffe supposeth, and is found guilty in another ••own, or at another day, yet the Plaintiffe shall recover, Littleton fol. 114.

Action upon the Case, by a Husband alone, upon an Ass••••••••t to him by Tatam, the Defendant saith, he did not allume in Manner and Form, and the Plaintiffe gives in evidence of an Assampsit made to his Wife, and his agree∣ment afterwards, and it is good, and (Manner and Form) is not materiall, 27 H. 8. f. 29.

Cessavit, That the Defendant held divers Lands by in∣tire Service, he may plead, that he held not in (Man∣ner and Form) and give in evidence, that he held by severall Service, and it is good, 10 H. 7. f. 24.

An Array of a Pannell, was challenged, for that it was made by the Sheriffe, Cozen to the Plaintiffe, and shews how he is Cozen, the other saith, he is not Cozen in (Manner and Form, as, &c.) and he is found Cozen, but this is found to be in another Manner, and yet good, for

(Manner and Form) is not materiall, 19 H. 8. fol. 7.

Assise, the Tenant pleads a Feofment of J.S. by Deed, the Plaintif intitles him, without that, that J.S. enfeof∣ed him in Manner and Form, and could not give in evi∣dence a Feofment without Deed, and traverse that with (Manner and Form) is good to avoid a Negative preg∣nant, and in Sine assensu Cantuli, the Defendant shall not say, that he did not alien without the consent of the Chapter, but that he did not alien in Manner and Form to avoid a pregnant Negative, 22 Ed. 4. f. 4.