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.

The Pannell.

THe recognition of an Assise of novell Disseisin, be∣twixt J. D. Plaintiffe, and J. S. Deforceant, of a Freehold in D. and then the names of the Recognitors follow; and afterward,

The sum of the Jurors afore∣said, and every of them,

• ...John Hart.
• ...Richard Smart.

Manucaptors, summoners of the aforesaid Jurors, and every of them,

• ...John Doo.
• ...Christopher Croo.
• ...John Den.
• ...Richard Fen.

This by Plowden, Com. fol. 37. Ass. 12.

What is a good Title in Assise for the Plain∣tiffe, and what not.

TEnant plead in Barr, it is no title for the Plaintif to say, that he was seised tell by the Tenant disseised and traverse the Barr, without conveying unto him possesion by title before his possesion as by feoffment or otherwise, 27 H. 6. fol. 2.

Tenant pleads a feoffment made by J. S. to him and gives colour, Plaintif saith, that J. D. levied a fine upon release to him, and it is not good, but to say that he was

seised, and levied a fine, otherwise the title is good, so if he be intitled by feoffment, or recover of a stranger, he shall say for title that the stranger was seised, and infeoffed him, 10 H. 6. fol. 22.

Where the Barr is materiall, as diffent, feoffment of Ancestor the Plaintif with Warranty, Recovery, Fine, &c. Plaintif shall not make title at large, but ought in his title answer the Barr, as confesse and avoid or traverse it, but where it is a Barr at large, he may make title at large, without answering the Barr, 34 H. 6. fol. 46. 35 H. 6.67. and the book of Entries 120. 5 H. 7. fol. 29.

Where the Barr is not sufficient, the Plaintif may de∣mur and need not to make title, and where the tenant in his Barr gives sufficient title to the Plaintif, Plaintif need not make title, as if the tenant saith that his Father had him eldest and the Plaintif youngest, Plaintif may say that the tenant is a Bastard without making title, and is good, 20 H. 6. f. 38. and 39.

Where the Plaintif makes title at large, the tenant may say, come the Assise upon the title, and is good, 15 H. 7. f. 13.

The tenant pleads that he recovered against J. S. and the Estate of the Plaintif mean by abatement upon J. S. hanging the Writ, Plaintif saith, that long time before the Writ that he himself was seised, and good, without shewing how he came to it, for the Defendant hath given to him possession, seek 9 book of Ass. 10.

The tenant pleads feoffment of the Grand-Father of the Plaintif with Warranty, Plaintif saith that his Grand-Father was seised, and he as Cosen and Heire to him en∣tered, and is good without shewing how his Grand-Fa∣ther came to it, see, 10 Ass. 23. 9 Ass. 11.

The tenant pleads one Barr, the Plaintif intitles him∣self by release with collaterall Warranty, and it is good, 17 Assise 18.

38 H. 8. Tit. 3.26. Br. Tit. Traverse, P. 26. if the te∣nant plead that his Father was seised in Fee, and by pro∣testation died seised, it is said that the Plaintif may make title by a Stranger, without that, that the Father of the tenant was seised in Fee.

5 H. 7. fol. 29. Where the Barr is materiall, the Plain∣tif

shall not make his title at large without answering to the Barr, but in Assise, 34. H. 6. fol. 24.

11 H. 7. fo. 28. If the Barr be ill, the Plaintif may pray the Assise without title.

6 Ass. Tenant pleads Fine of an Ancestor of the Plain∣tif, to which the Plaintif saith, the same Ancestor had but for life, the reversion in him, and that he entred by for∣feiture, and good, without shewing how he hath the rever∣sion.

Nat. Bre. 109. If the tenant pleads Plea in Barr, and the Plaintif makes him title and traverseth the Barr, al∣though the title of the Plaintif be false yet the tenant shall not have advantage, to take the Assise upon the title, but he shall be driven to maintain his Barr, otherwise it is where the Plaintif makes him title and doth not answer the Barr.

Abridgment of book of Ass. fol. 81. VVhere the title is found for the Plaintiffe, and there is no Disseissor, the VVrit shall abate.

The tenant saith that J. S. held the Land of him and died without Heire, by which he entred, as in his Escheate and gives colour, &c. the Plaintif faith, one H. enfeoffed him, and it is no title, for he ought to answer to the Barr as well as where the tenant makes title by discent, 27 Assise 71.

Assise of Rent, it is no title to shew that J. S. granted to him the Rent by Deed or by Fine, but he ought to shew how the Rent began, that is to say, If it be a Rent charge, or a Rent service, or a Rent Seck, 31 Ass. 16.

Assise, the tenant pleads in Barr feoffment of the Father of the Plaintif with warranty, and the Plaintif saith, that his Ancestor died seifed, and this discended to him, and allow∣ed by Scroope without shewing how he came to that after∣wards, 10 book Ass. 23.

VVhere the tenant praies the Assise upon the title, and upon that the Assise is awarded, the Assise cannot finde o∣ther title for the Plaintiff, but he may finde matter, which may stand with the same title to inforce it, but if the title be traversed, he cannot finde another title, but only the point put in the Assise, 28 book of Assises 17.

An Act of Parliament, Fine or Recovery are of such a force, that if one be bound by them, the Plaintif cannot

make title to this Land, unlesse by reason of a title to him grown of later times. As if one recovers against me or my Ancestor, and hath execution, and after Lenten, and dye seised, my Heire shall not make him title by his dis∣cent, against the Recovery, without shewing he hath ti∣tle after the recovery, the same Law of a Fine, see 10 H. 7. fol. 5.32. H. 6.5. and 33 book of Assises fol. 19.