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.

Obligation.

Here I intend to shew to you how the Condition of Obliga∣tions ought to be pleaded, performed.

WHere one pleads Conditions performed, and his Plea is in the Affirmative, he ought to plead in certain, as where the Condition is to discharge the Obli∣gee, it is no plea to say, that he hath discharged him, but he ought to plead now he hath discharged certainly; 5 H. 7. f. 8. & 6 H. 7. f. 5.

But if the Condition be to save him without damage, to pleade in the Negative, (he was not ••amnified) is good; 7 H. 4. f. 13.38 H. 6. f. 14. & 10 H. 7. f. 13.

By Hussey, if Condition be to save the Plaintiff harm∣lesse, to plead (he was not damnified) is good: but it the Condition be to discharge or acqui•• him, he ought to plead how specially he hath acquitted and discharged him; 22 Ed. 4. f. 43.35 H. 6. f. 13. & 40 Ed. 3. f. 20.

If the Condition be, that if the Defendant acquit the Plaintiff against J. S. and he pleads that J. S. released to the Plaintiff at his request, and this is a good Acquittall, 1. H. 7. f. 30.

Condition was to discharge a Sheriff, it was held clear, that the Defendant shall say generally, that he hath dis∣charged him, without shewing how, for he cannot shew speciall discharge, where there was no Charge, I suppose this was, for that it was infinito••▪ 〈◊〉〈◊〉 Ed. 〈◊〉〈◊〉 f. 10. & 21 H. 7. fol. 30.

Condition that if he keep J.S. discharged of all Escapes of all Felone in such a Prison, the Defendant saith, there were but two Prisoners, that is, J.S. and R.K. and that he was not damnified, and a good Plea.

If the Condition be to gather all the green Wax of the County, the Defendant may plead generally that he ga∣thered all, without shewing specially what that is, for that, that it is infinite, 2 H. 7. fol. 15.

If Condition be that if the Defendant serve the Plain∣tiffe, without absence for seven yeares (speciall license excepted) the Defendant may plead that he hath served

the Plaintiff this seven yeares; and not absented himselfe (speciall license excepted) and it is good, for it may be he hath licensed him diverse times, and he need not shew all, 6 Ed. 4. fol. 2.

If the condition be, that if the Defendant finde sufficient Meat, Drink, and Apparrell to one, till he be of the age of twenty foure yeares, it is a good Plea to say, that he hath found him, Meat, Drink, and Apparrell sushcient at D. for all the time aforesaid, without shewing in speciall what Meat, and what apparrell, and the Plaintif takes Issue, that he did not finde to him sufficient Apparrell: And took not Issue upon all for doublenesse, 12 H. 7. f. 14.

If condition be, that if the Defendant shall not prove that J.S. was not presented and instituted to the Church of D. that then, &c. The Defendant may say that J.S. was not instituted, and it seems good, for the condition is negative, and therefore it sufficeth to say as above in the negative. The same Law is if the condition were, that if the Defen∣dant prove that he oweth nothing to the Plaintif, it suffi∣ceth to say he owes nothing: The same Law is, if the condition be, that if I prove my Wife not guilty of such a Trespasse, it sufficeth to say that she is not guilty, 15 Ed. 4. fol. 25.

If the condition were, that if he prove within one year, that it was the will of J.S. to say that J.S. made this Will, which he brought to the Plaintif within one year written, is not good: But by 3. Justices, proof of that by two Witnesses to plead that, is good, though it be not by Jury, 10 Ed. 4. fol. 11.

If the condition be, that if he do not enter and claime the House, the Defendant may plead that he did not enter nor claime that, and the Plaintiff shall say that he clai∣med and shew the manner of that, 4 H. 7. f. 13.

Condition, if the Defendant make an estate to the Plain∣tif before P. as it shall be demised by the Councell of the Plaintif: The Defendant may plead that, the Councell gave no advise, or no advise was given by Councell, and good in the negative, and the Plaintif then in the affirma∣tive cannot say that the Councell did give advise, but he ought to shew certainly who was of his Councell, and say certainly what advise was given, 6 H. 7.3. & 11 H. 7.23. ac∣cordingly.

Condition to pay all the ar••erages, of all the Lands which he holds of the Plaintiff in D. it is no Plea that he hath payd all generally, but he ought to shew specially to what sum, for that, that it is in the affirmative, 20 H. 6. fol. 33.

Condition to pay a Lesser sum at the Feast of P. If the Defendant plead that he hath paid it, he ought to plead what day he paid it, 46 Ed. 3.29. & 47 Ed. f. 13.

Condition, that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif, the Defendant may plead generally, that he hath carryed all, for that, that it lies in notice of the Plaintif, and the Plaintif saith, that so many were, which were not carried. But if the con∣dition were to infeoff the Plaintif of all the Land, of which the Father of the Defendant died seised, or to give to him all the Money in his purse, there he ought to plead how much that was, for that, that it is in the affirmative, and it lieth more in the knowledge of the Defendant then in the Plaintif, 12 H. 8. fol. 7.

Debt by the Sherif upon an obligation, the Defendant saith it was indorced upon condition, and saith, he hath, performed all the condition, and it is a good Plea: And the Plaintiff, that he hath not accounted, and that is no Plea, but that, such a thing came to his hands for which he hath not accounted, that the Issue may be upon certain∣ty, 2 R. 3. f. 17.

If the condition be to perform all the Covenants in an Indenture, the Defendant cannot plead that he hath per∣formed all generally, but he ought to plead how specially he hath performed every Covenant, 26 H. 8.6.11 Ed. 4.12. 13. H. 7.18. and, 6 Ed. 4. fol. 1. But at this day it is used in the same case, in debt upon an Obligation endorced to perform the Covenants in Indentures, that the Defendant recits the Indenture, and in the end he pleads, that he hath generally performed all the Covenants. And then the Plaintiff ought to shew breach in one, and upon that Issue is taken.

If condition be, to stand to the award and abitrement of certain Persons: it is no Plea for the Defendant to say, that he had no notice of any Award, but if it were (so that it be delivered to the parties in writing) the Defendant may plead that no Award was delivered to him in writing, 1. H. 7. f. 5.

If condition be, that if the Defendant shall stand to the Arbitrement of J.S. the Defendant may plead that he hath not made any Award, and the Plaintiff shall say, that he hath made one, and shew what it is, 2 R. 3. f. 13.