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.

Rescous and pound breach is another branch of the Charge.

HE which destraines Beasts may put them in a close House if he will give them meate, for the putting into the open pound is that the owner may give them meate, 33. H. 8. tit distresse 66.

If a man destraine without cause, the owner may make Rescous, but if he put them into the pound, he cannot breake it, for they are in custody of the Law, see 40. Ed. 3. fol. 33. and Fitzh fol. 102. E.

It seemes if a Lord destrain where Rent is not be∣hinde, the Tenant shall not make Rescous, 4 Ed. 6. tit. distress 74.

If a man destraine wrongfully, the owner may make Rescous, 5. Ed. 4. fol. 7. by Danby, 39. Ed. 3. tit 20.

If Beasts put into the pound dye, it is at the losse of the owner, though he have tendred sufficient mends, for he might have a Replevin, Doctor and Student, fol. 8.113.

I may impound a dead thing where I please, but if that corrupt by my default I shall answer for it, 9. Ed. 4. fol. 2.

Fitzh 102. L, If the Lord do destraine where is no Rent nor service behinde, the Tenant cannot make Res∣cous.

9. Ed. 3. fol. 35. If a man destraine wrongfully, the owner of the Beasts may make Rescous, but by 4. Ed. 6. it was agreed, if he destraine and impound them the owner cannot take them out, for they are in custody of the Law, 5. Ed. 4. fol. by Danby the same.

2. H. 4. fol. 18. If a man destraine my Beasts, which es∣cape into his Land out of the great waste, I may rescue them, but if I keep them, or put them there, or by Hank∣ford, if I have notice, that they use to go there, this is no escape, and there I ought not to make Rescous, see, 7. H. 7. tit. 1.

2. H. 4. fol. 24. In Rescous, nothing behinde, and also that he was never seised and are good Pleas, Que∣re.

5. Ed. 4. fol. 7. Seising is not Traversable in Rescous by opinion there, 6. Ed. 4. fol. 12. The same, 8 H. 4. fol. 1.

21. H. 4. fol 40. By the Court where the Lord comes to destraine and sees the Beasts, and the Tenant perceiving that, chaseth the distresse out of his Fee, the Lord shall not have a Writ of Rescous, for he hath no possession of the Beasts, but he may follow them and destraine them, but if they were chased out of his Fee before the Lord see them, there he cannot destraine them, 44. Ed. 3. f. 20. the same, Fitzh N. B. 102. G.

33. H. 6. fol. 58, A man attacheth a Horse in a corpo∣rate Town, and there he is rescued, and chased into ano∣ther County, upon fresh Suite the Officer may take him a∣gaine.

6. Ed. 4. fol. 12. By Yelverton, in Rescous, nothing behinde is no Plea, for if the Lord destraine, where no service is behinde, the Tenant is at no mischeife for the Tenant may have a Replevin, and in this Writ recover his damages.

Fitzh 101. Rescous lieth where a man destraines for Rent or for services or damage doing, and those would impound, and another Rescues them, and if a Collector or under Collector distreine for a fifteenth or a Bailiff or a Sheriff or other Officer distraine for the King, and Res∣cous is made, they shall have a Rescous and not the King,

but if a Bailiff of a Liberty distraine for the King and Rescous is made, the Lord of the Liberty shall have Rescous, and if the Bailiff or Officer of a common person distraine, Rescous is made, he which causeth the distresse to be made, shall have Rescous.

39. H. 6. fol. 42. Redisseisin to Coroners, and one a∣lone maketh a precept, Rescous upon that is Justifica∣ble.