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.

Riots, 1. M. 1. chap. 12.

IF any persons to the number of twelve assemble unlaw∣fully, to alter and change Lawes, to breake Enclosures, Bankes, Conduits, Stankes, Fishponds, Houses, Barnes, or to burne Stackes of Corne, or such like Riots, and Pro∣clamation be made by the Sheriffe or Justice of Peace, and notwithstanding they remaine together by the space of an houre, after the Proclamation made, every such at∣tempt is Felony, every Coppy-Holder being a Yeoman, Husbandman, or Labourer, being of the age of eighteen years, or under forty, not sick, nor having reasonable excuse,

and being required by the Justice, Sheriff, or his Immedi∣diate Lord, to serve, to apprehend the persons aforesaid, and refuse, he shall forfeit his Estate during his Life, and his Lord may enter.

The Farmor being a Yeoman, and refusing, is in the same case to his Landlord.

Also it is Felony if a Man, Woman or Servant, or other person without compulsion, bring, send, or deliver, any Mo∣ney harness, Artillery, Weapons, or Victualls, to any per∣sons assembled in such manner, and not depart to their Houses upon Command, or Proclamation made, as is afore∣said, and if any number besides the number of those which are assembled, and upon Proclamation made, do not de∣part, Justice of Peace, or cheife Officers of the City or Burrough corporate, may raise power to suppresse them.

And if any Officer kill any of those rebellious persons, or maim them, they shall be free.

Also if any person knowing such pretended rebellion, and do not reveale the same within twenty houres after such knowledge had of it, he shall be imprisoned by the space of three Moneths without Baile or Mainprise, un∣less he be otherwise discharged by the Justice of the Peace.

Also if any refuse, being able to suppress such Offen∣dors, he shall suffer Imprisonment for a year without Baile or Mainprise.

Also if any hinder or let, that Proclamation cannot be made, this is Felony.

Note that this Statute ought to be read or openly de∣clared in every Leet.

10. H. 7. fol. 12. If one come and enter into Land, with more then is accustomed to have attending upon him, that shall be said with force.

21. H. 7. fol. 39. One may make an assembly of People in his House to aid him, for that it is his Castle, but not to go to Market, although he be threatned.

17. Edw. 4. fol. 4. Where there is an assembly in manner of War, and no Act done, it is no assault by Pigot, if they draw no Weapon, &c. Quere.

Riot is not, unless three at least, which do an unlawfull act.

An unlawfull assembly, is, if the People assemble them∣selves together, for an ill purpose, though they do no∣thing.

Rout is, where there assemble a number, and after march or ride, or go apart, or move to ill in their own quarrells, though there be no act done, title five in Mar∣rows reading, as to throw down inclosures in their quar∣rell, this is a Rout.

14. H. 7. fol. 28. If a Disseisor have a possession by three yeares, and holdeth with force, Action upon the Statute of 8. H. 6. doth not lie against him, but he may be indicted upon that Statute, for this is for the King.

7. Ed. 4. fol. 18. Indictment of forcible entry upon the Statute of the eighth yeare of H. 6. was removed into the Kings Bench; and the Justices there might well award Restitution, as the Justices of Peace might have before them, 4. H. 7.19. 32. H. 6. fol. 2. Saith in forcible entry, where the Defendant pleads Title, that they ought to tra∣verse, (without that) he entred with force; see, 1. H. 7. fol. 19.

7. H. 6. fol. 14. Presentment of the forcible entry, the Defendant pleads to the (force and armes) not guily, and it is not good, but he ought to plead over to the Desseisin but in Trespass not guilty is good.

15. H. 7. fol. 17. Where the Plaintiff maketh title and traverseth the Bar, and the title is found for the Plaintiff, they shall not inquire of the force, for it is implied, and so if the Bar be not found.

1. H. 7. f. 19. If the Title be found, they need not, nor ought not to inquire of the force, and for that that the Plain∣tiff alledgeth that J. S. the Defendant entred with ten per∣sons, and doth not name their names, it is uncertaine and not good.

2. H. 7. fol. 16. It is said, that if one disseiseth another to the use of two, that they two are Disseisors by their a∣greement afterwards, not with force, and if it be found a∣gainst the Disseisor, he shall be attaint of force.

6. H. 7. fol. 12. Forcible entry upon points of the Statute, the Defendant pleads not guilty, and found by Verdict, that he entred peaceably and not with force, and for the Statute is in disjunctive the plaintiff shall recover, 3. Ed. 4. fol. 20.10. Ed. 4. fol. 13.

10 H. 7. fol. 14. It seemeth a Tenant for yeares shall not have an Action upon the Statute, of 8. H. 6. For it is in the realty, and one cannot be Impannelled, for that he can∣not expend forty shillings by the year, 3. Ed. 4. fol. the last, 8. Ed. 4. fol. 9.

11. H. 7. fol. 15. Feoffment with warranty, and rely upon warranty, it is good upon the Statute of 8. H. 6. for it is in the realty, but not upon the Statute, 1. H. 7. fol. 12.9. H. 6. fol. 19.