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.

Amerciaments.

FOR a Fine reall he cannot distraine, but Amerce, and by prescription distraine, and this is now in use in every Mannor, and for Suite-Service distraine with∣out doubt, 12 H. 7.15.

One may prescribe to distraine for Amerciament in Law-day for it is incident, 9 H. 7.22.

He may in Leet Amerce and distraine for that, 8 H. 4. Tit. 15.

A man may in Leet Amerce for annoyance, and distrain for it, 19 Ed. 3. fol. 36.

One was Amerced in Leet for stopping in the High way, and his Horse in anothers keeping was destrained for it, 47. Ed. 3.12.

The Lord may sell the Distresse taken for an Amercia∣ment in Leet, as the King may sell the Distresse, for that it is the Kings Court, 3 H. 7. fol. 4.

If Amerciament in Leet be agreed, the Lord may di∣straine without notice by Finch, and by Wich it is good Plea, that the Tenant would have paid if he had had no∣tice, 45 Ed. 3. fol. 9.

The Lord cannot distraine for Amerciament in Leet, in a place seised into the Kings hands, for debt to the King, for this is priviledged during the time, 47 Ed. 3. fol. 12.

Of common right the Lord may distraine for Amercia∣ment in Leet, and for that need not to prescribe, 10 H. 7. fol. 15.

The Lord may distraine for Amerciament for an∣noyance in the high way, or for making Hedges cross the street, and avow for that, 4 Ed. 3.10. Avowrie 161.

The Lord may not distraine the Horse of another in the Inne of him Amerced, nor the garment of another in a Taylors shop, where the Taylor is Amerced, 10 H. 7. fol. 21.

If one refuse to be sworn, or make any other contempt in Court, the Steward may assess a Fine upon him, and the Lord may distraine for that, 13 H. 6. Leet 11.

For a Fine assessed by the Steward for a contempt in the Court, the Lord may have debt, 10 H. 6. fol. 7. and 7. H. 6. fol. 13.

If a paine of ten pound presented in the Leet to be bro∣ken, the paine shall not be otherwise acertained, and the Lord for that shall have an action of Debt, but he cannot distraine and make avowrie but by prescription; but it is now used in every Mannor to distraine, as I think, 32 H. 8. Tit. 37.

The Lord may have Debt for Amerciament assest in Court-Baron, 12 R. 2. Statham fol. 62.

It seems the Lord shall have Debt for releife, and cleer∣ly the Executors shall have Debt for releife, 32 H. 8.20.19. H. 6. Tit. 11.

Moderata miserecordia, doth not lye where a Fine is al∣sessed by the Steward for contempt in Court, nor where A∣merciament is assessed, but where Amerciament is not confirmed that lieth if it be too high, Fitzher. fol. 72. C.

If one be amerced in the Sheriffs Turne, the Sheriff may distraine throughout all the County, and if it be in a Leet, thoughout all the precinct of the Leet, 8 R. 2. Avowrie 194.

The Lord may distraine in the high street for Amercia∣ments in a Leet, 34 Ed. 2 and 19 Ed. 2. Avowrie 221.

Debt lieth for the Lord for a Fine assest in Leet by the Steward, for not returning the Pannall, or for other con∣tempt, and it is good without confirming, 7 H. 6. fol. 13. tit. 233.

For Amerciament in Leet, it seems one may take goods of another in the keeping of him which is amerced, yet see how Issue was taken, that it was not the Horse of Prior Tindall which was Amerced which was taken, 47 Ed. 3. fol. 12.

For not ch••ansing of a Ditch by the Predecessor of a Par∣son,

Successor shall not be punished for that Offence, the same Law of Father and Son, 5. H. 7. fol. 3.