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.

Hawkers and Hunters.

WEst. 1. ch. 1. forbiddeth that none shall chase in an∣others Park, nor fish in anothers River, and if he do, he shall be imprisoned, and fined, and if none will sue, the King shall have the Suit as in a thing made against the Peace, and the King shall make inquiry from year to year, &c. Fitzh. 67. D.

Westm. 1. chap. 20. It is provided for Offenders in Parks and in Rivers, that if any of them be attaint by the Suit of the Plaintiff, it shall be accounted good, and amends made according to the manner of the Trespasse, and shall have imprisonment for three years, and then shall be fined, and if he hath not to pay a Fine, he shall be banished or out-lawed, and if the party sue not within the yeare, the King shall have the suit.

39. H. 7. chap. 11. If any person, not having a Parke, Chase, nor Forrest, keep any nets, called Deer-Hayes, o•• Buc••stalls, or stalk with bush or beast in anothers Park, Chase, or Forrest, without license, he shall forfeit ten pound to any person which will sue for the same.

31. H. 8. chap. 12. Where Hunters in the day or night with vizards, or painted faces, it was felony, now it is not.

5. Eliz. c. 21. Every one which wrongfully taketh Hawks, or their egges by night or day, and be convict, shall pay treble damages, and suffer imprisonment three years, but these Statutes aforesaid are not inquirable in a Leet.

43. Ed. 3. fol. 24. Trespasse, why by force of armes his Deer, price forty shillings (where it was wilde) he took, and the Writ abated, 18. Ed. 4. fol. 14. the same.

3 H. 6. f. 58. Trespasse, he entered into his Warren, and took a 1000. hares, and doth not say his, yet it is good.

Fitzh. 86. L. & 89. R. Trespasse lieth by force of arms, the young hawkes of his hawkes, price so much, he took, and why he entered his Warren, and took Hares, Coneys, and Pheasants, and not his, and good, for he hath no pro∣perty, 22. H. 6. fol. 65.

Doctor & Student, fol. 9. None hath property of Birds, Fowle, wilde Beasts of Forrest, and Warren, yet the eggs of Hawks, Herons, and such like, are to them which owe the Land.

Fitzh. 67. No man shall be taken and imprisoned for Vert or Veneson, if he be not found with the manner, or indicted, Nat. bre. fol. 41. the same. See Britton, fol. 84.

18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park, my servant cannot come in by my commandment, for the license shall be strict to him to whom it is given.

2. Ed. 4. fol. 5. Trespasse, one cannot justifie by license of a Keeper to kill a Deer.

16. Ed. 4. fol. 7. Trespasse, by force of armes he broke his Dove-house, and took his Pigeons in the same, and good, but not abroad when they are out, and have no mark, and are in the fields.

38. Ed. 3. fol. 12. Trespasse for entering into his Warren, and took his Pheasants, it was held that if the Defen∣dant fly a Pheasant in his own land out of the Warren, and his Hawke fly and kill in anothers Warren, his entry into the Warren is a wrong.

Treheron in his reading shewed, that Forrest ought to be by Commission and Proclamation, and that a common per∣son cannot have a Forrest, that is to say, cannot make a Forrest, nor use Forrest-Lawes, as it is said: And to a Forrest there are divers Officers, and to this is incident a Court of Swannimote, but a common person may have a

Chase or Park by Grant or Prescription, and Forrest-Lawes shall not be to a Chase, nor Court of Swannimote, the Statute of 13. R. 2 is not inquirable in a Leet, but be∣fore Justices of Peace, that is to say, that it is that no Arti∣ficer, nor Lay man which hath not Lands to the value of forty shillings per annum, and no Clark which is not ad∣vanced to ten pound per annum, shall not keep a Harrier, or other Dog to Chase, nor shall use Ferrets, Hayes, Nets, Harepipes, nor Cords, nor other Engines to take or to distroy wilde beasts, upon pain of imprisonment for a year, yet it is inquirable in a Court Baron, if any hunt or hawke within a Park, Chase, Warren, or Demesne Lands of the Lord of the Mannour without his license, and for that something of that shall be said.

12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe, and hath pos∣session, and not property.

12. H. 8. fol. 10. One hath but possession of a Deer, and if they go out, catch that catch may: and if any Hawke kill a Pheasant in your Land, it seems that I shall have the Pheasant, and yet it seems, that one cannot hunt nor hawke in anothers Land.

10. H. 7. fol. 30. Account lieth against a Keeper for the Deer, for he hath possession as a Bailiffe; one may grant liberty to one to take every year a Deer, or to the Keeper the shoulders of them killed.

13. H. 7. fol. 10. Where a Deer▪ is given to one, he may bring in his servants to take it, for otherwise peradventure he cannot serve his Warrant.

13. H. 7. fol. 13. It is said, If one hath license to chase, he cannot kill, 18. Ed. 4. fol. 14

15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse.

21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest, though he be proclaimed.

12. H. 8. fol. 4. saith, That one may distrain a Brache do∣ing damage which enters into my Close to chase, 2 Ed. 3. tit. distresse 20.

48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase, may hunt Deer out of his ground with a little Dog, but not with Begles, and by some if the Dog follow them into the Chase, and the owner drives them back, yet if they kill the

beast, trespasse doth not lye. Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park, and his Dogs break his Leash, and kill a Deere in the Parke against his will, and he call them back, he shall not be punished; but it seems that if he doe not what he can to hinder them, it shall be a trespasse.

Fitzh. 19. If one incite or procure his Dog to bite a man, he shall have his trespasse upon that.