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.

Where Judgement final shall be, and where not.

IN a Writ of Right, Judgement final shall be given; but after the mise joyned, and upon every recovery upon de∣parture in despight of the Court, Judgement final shall be. As in Right against a Prior, which voucheth common Cryer, which en••reth into the Warranty, and the deman∣dant Imparles, and at the day the Vouchee departs in de∣spight

of the Court, and upon this Judgement final given. 26 H. 8. f. 10. 12 H. 7. f. 10. If the tenant in Writ of Right joyn with the mise, & after depart in despight of the Court, Judgement final shall be given. So if he joyn the Mise by a Champion, and makes default, Judgement final shall be given; but if he make default at the Nisi prius, and upon a petty Capias, yet he cannot save his default, Judgement final shall not be. The same Law if he make default after default, before the Mise joyned, Judgement final shall not be.

Fitzh. fol. 11. If a man loose by default in a Writ of right before the mise ioined, yet he shall have a Writ of right against him which recovers. But after the mise ioined it is otherwise, for then upon default after the mise ioined the iudgement shall be finall as well against the defendant for his non-suit, as against the Tenant, if he make default af∣terwards.

10 H. 6. fol. 2. Right, the Tenant vouches, and the vou∣chee comes in and joins issue, and the demandant im∣parles till the next day, and at the day, the Tenant was demanded and makes default, judgement final shall not be given against the vouchee there.

1 H. 6. fol. 7. Where the mise is joined by battell in right, and after the champion of the Tenant maketh default, judgement finall shall be given.

Time of Ed. 1 Tit. 44. if the Tenant make default af∣ter the mise joined, he shall loose the land for ever, if he cannot save his default.

3 H. 6. fol. 37. If the Tenant in right saith, that he hath more right, ready to try by battell, and the plaintif rejoin, and day given, and at the day, the Tenant makes default, And for that, that the Justices see a fine, by which the Te∣nant hath but an estate tail, they advise of the iudgement, and clearly where the Tenant makes default after the mise ioined, if it were fee, iudgement finall should be.

Processe in Court Baron, is summons, attachment, and distresse, which is processe at the common law, 34 H. 6. fol. 53. and 37. H. 6. fol. the same.

By Martin, one cannot have a Capias in Court Baron, nor execution there (by Capias to satisfie) but the natu∣rall excution and processe is, attachment of goods, as af∣ter more at large appears, 3 H. 6. fol. 56.

Processe upon plaints for Coppy-hold land, is the same processe, which is at the common law, in nature of what Writ the plaint is.