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.

Then let us see what things are argued and allowed in our Bookes to be inquirable in Leet, and what not.

FIrst, Things at the common Law are inquirable, and not defended by Statute, unless that the Statute maketh mention by expresse words, what are inquirable, 1. R. 3. fol. 1.3. H. 7. fol. 1.6. H. 7. fol. 4. and 11. H. 7. fol. 22. the same.

Petty Treason is inquirable, but as Felony at the com∣mon Law, 6. H. 7. fol. 4. It is said, that Treason, * 1.1 as forging of Money is inquirable, 9. H. 6. fol. 44. Clipping of Gold and Silver are inquirable, 22. Ed. 4. fol. 22.

Petty Treason and ancient Felonies, that is to say, Felo∣nies, at the Common Law but not the death of a man. * 1.2

And Rape as Felony, is not inquirable but as Trespass, 7. H. 6. fol. 13.6. H. 7. fol. 4.

Presentment in Leet of Felonies, * 1.3 at the common Law is good, but presentment there of Felonies by the Statute is not good, 22. Ed. 4. fol. 22. * 1.4

You cannot inquire there of the Death of a man, 41. booke of Assises 30, and the Lord which inquires of that shall be fined forty shillings. * 1.5

You may inquire there of all Felonies at the Common Law, but not of the death of a man, 22. Ed. 4. fol. 22.

You may inquire there of all Felonies at the Common Law, and not of Felonies by Statute, unlesse it be by ex∣press words given, 6. H. 7. fol. 4.11. H. 7. fol. 22.

The Steward may certifie presentment of Felony taken in Leet before him, at the next Sessions, 27. H. 7. fol. 2.8. H. 4. fol. 18.

Of Felonies and Fraies, * 1.6 are inquirable, 10 H. 6. fol. 7.

Adjudge, that assault upon a person only is not inqui∣rable there, but of Bloodshed it is, 8. Ed. 4. fol. 5. and 4. H. 6. fol. 9. Common Nusance to a number of men is in∣quirable, but not an assault made to one, but Frayes.

If a Stranger make a Fray within the Leet, and be not taken, the Deciners shall be amerced and it is inquirable there, 50. Ed. 3. fol. 5.

Bloodsheds are inquirable, 1. R. 3. fol. 1.22 Ed. 4. fol. 22. the same.

Presentment that one hath received one by the yeare into his service, * 1.7 not sworn to the Queen, is good, and he shall be amerced 41 Ed. 3. fol. 26.

Purprestures are inquirable, * 1.8 but the Steward hath no power to inquire of Liveries, nor of things defended by Statutes, 1 R. 3. fol. 1.3 H. 7. fol. 1.

You cannot there inquire of the Statute of Laborers, 6. H. 7. fol. 4.

Stopping the Highway is there inquirable, * 1.9 27. H. 8. fol. 32. For that it is a common annoyance to all the Sub∣jects of the Queen.

All common Annoyances and Purprestures made within the Leet are there inquirable, * 1.10 8. H. 7. fol. 4.

Purprestures in high waies are inquirable there, * 1.11 and one was presented and amerced in a Leet for not clen∣sing his ditch adjoyning to the high way, 47. Ed. 3. fol. 12.

Inquiries are there of Bridges and Causies, * 1.12 and of com∣mon waies spoiled, of Gorss put into waters, of Commons, of waters stopped, or forced or turned, of Walls or Ditches made to the hindrance of Passengers in the common waies, by Britton. fol. 31.

Common nusance, * 1.13 as Ditches and Hedges, made to the disturbance of the common People, shall be there inquired, 9. H. 6. fol. 44.10 H. 6. fol. 7.

Turne and Leet are all as one, * 1.14 and they may inquire of common Annoyances, as of Bloodshed, and of night-walkers,

but not of a Close broken, for that is particuler, but they may inquire of a Ditch not scowred, or of a Bridge bro∣ken, 22. Ed. 4. fol. 22.

Presentment in Leet that J.S. hath enclosed such Land, * 1.15 which ought to lye in common for the Inhabitants of the Town, is a void Presentment, for it is wrong, but no com∣mon Annoyance, 27. Assise 9. and 27. Ed. 3. Fitzh. nusance 6. Br: 30.

Leet hath power to amerce a man for an annoyance, and also to award that the Offenders shall be destreined to a∣mend that.

Of Bread and Beere shall be there inquirable, * 1.16 and not in the turne of the Sheriff, but seek, 18 H. 6. fol. 13.

False Weights and Measures are there inquirable by Britton, fol. 32.71.

Of a Tenement aliened in Mortmain, are inquirable there, by Britton, fol. 32.

Presentment in Leet that he is a Tanner, * 1.17 and Shooma∣ker, is not good, 3. H. 7. f. 1. For it is no offence at the com∣mon Law, but given by a Statute, but see 50 Eliz. ch. 8.

Of forestallers and taking of Victualls to the use of the King more then need by Britton, fol. 33. are inquirable. * 1.18

It is allowed that night-walkers are there inquirable, 4. H. 7. fol. 1.

Weife cannot be presented in the hundred, but in the Leet, 44. Ed. 3. fol. 19.

It may inquire of corrupt Victuall, 27. H. 8. fol. 2. Ti∣tle Leet, 16.9. H. 6. fol. 53.

Notes

• * 1.1

  Petty Treason.
• * 1.2

  Fellonies.
• * 1.3

  Rape.
• * 1.4

  Felonies.
• * 1.5

  Death.
• * 1.6

  Trespasse.
• * 1.7

  Age of 12 yeares not sworne.
• * 1.8

  Purpre∣sture & Nusance. Laborers.
• * 1.9

  The way.
• * 1.10

  Nusance.
• * 1.11

  The way.
• * 1.12

  Bridges, waters.
• * 1.13

  Nusance.
• * 1.14

  Turne of the Sheriff.
• * 1.15

  Nusance.
• * 1.16

  Bread and Beere. False measures. Mortmain
• * 1.17

  Tanner.
• * 1.18

  Takers of the King. Night∣walkers. Weifes.