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.

Plaint in Precipe.

TRespasse in one tenement with a Toft adjoyning, con∣taining four Acres of land, agreed that this word (Tenement,) is uncertain. 3. E. 4. tit. 28. 11. H. 7. fol. 25. (te∣nement,) is no tearm to demand a house or shop. 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town.

41 Ed. 3. fol. 22. Precipe in D. and S. for that, that D. is a hamlet of S. and he demands a thing twice, the Writ shall abate.

8 E. 4. f. 6. Precipe doth not lie in a hamlet, but in a town, or a place known out of a town; but all Actions personall may be brought in hamlet, or town, or place known.

Dower, Assise, and Scire facias, to have execution of a fine, it may be brought in a hamlet.

16. E. 3. Precipe of a peice of land without certainty, is not good, but of a peice of land containing so much, is good: see before, 11. H. 4. fol. 38.

13. H. 4. Tit. 33. Dower of a Mill, though after the wit∣nesse of the Writ it was made a (Toft,) it is good; o∣therwise if it were made a tost before the witnesse of the Writ. 14. H. 4. tit. demand 5. the same.

13. H. 6. fol. 8. Upon two Verges of the Land are built houses, and they are meadow and pasture; they are now to be demanded as they are, not as before when they were ver∣ges. Fitzh. 192.

6. Ed. 2. tit. 41. Precipe of passage over a water, &c. good.

27. H. 8. fol. 14. Precipe is not good of a Common, but of pasture for two beasts is good. 4. Ed. 4. fol. 2. the same.

22. Ed. 4. fol. 13. by Jenney: A man shall have a Preci∣pe quod reddat of a house and garden, but he shall not have a Precipe of a garden alone.

For that, That Plaints shall be made for Copi-hold in nature of Precipe, let us see of what, and how plaint of Precipe shall be made.

PRecipe may be of a chamber, and yet foundation may perish, for that it is not in perpetuity. 5. H. 7. fol. 9. con∣trary, H. 6.

11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet, and Precipe shall be brought of land in a town, and not in hamlet.

16 H. 7. fol. 7. Assise doth not lie of a Rectory: Seek if an (Ejectione firme) lyeth of that.

9. H. 7. fol. 21. Precipe of lands in D. by Bryan: over D. and nether D. is good in abatement.

7. H. 4. fol. 9. Wast in D. it is a good plea in abatement, that D. is neither town nor hamlet.

11. H. 4. fol. 38. Precipe that he should restore a certain portion of land, is good by Hank and Hill.

6. Ed. 3. tit. Demand 41. precipe of 8 foot of land in length and 6 in bredth, and good.

13. Ed. 3. tit. 32. & 33. Precipe of an Oxgange of land, is good: Contrary of an Oxgange of marsh, for that can∣not be gained, tit. demand 33. & 36.

40 Assis. 9. Precipe shall be brought in a town, and not in a hamlet. 34. H. 9. fol. 1. the same.

34. H. 6. fol. 20. Precipe shall be in a town, or of a Man∣nor which is a place known out of a town, and not in a

Hamlet. But an Assise in a Hamlet is good, and also in Dower.

Who hath most Right, and Right ought to be sued there.

LIttleton fol. 91. If a man be disseised by an Infant, the which alieneth in fee, and the Alienee dies seised, and his heir enter, the Infant within age, he may have a (Dum fuit infra aetatem) or a Writ of Right, or (Entry) at his e∣lection: for he hath more right then the heir of the Alie∣nee. But if the Disseisee release to the heir of the Alienee, if now he bring a Writ of Right, the issue shall be upon the meer right, and shall be fonnd for the heir, for now he hath more right by the release of the disseisee.

Littleton fol. 93. If a disseisor die seised, and his heir in by discent, if the disseisee enter, and the heir of the dissei∣sor brings an assise, he ought to recover: But if he brings a Writ of Right, the issue shall be upon the meer right, and there the heir shall be barred; for the disseisee hath more right.

Right Patent is to be directed to the Lord, of whom the land is held, unlesse it be held of the King or Queen, and it is as a Commission to the Lord; that he shall do Right. And it may be removed by a (Recordare) by the Tenant with cause, and by a (Pone) by the demandant without cause, and after that it be removed in County, it may be re∣moved by the demandant by a (Tolt) Fitzh. fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise, it shall be removed, Fitzh. fol. 1. F.

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.

Amerciament in Court Baron for suit and otherwise, and what remedy for that, and where it shall be moderate.

MOderata misericordia lies, where a man is amerced in a Court Baron outragiously, and upon that also li∣eth, Alias, pluries, and attachment. But if the amerciament be affirmed by equals, moderata misericordia, doth not lie, 10 Ed. 2. Tit. action upon the Stat. 34.

And note, that this is the cause, that in all Court Barons three are sworn to ratifie the amerciaments, after that the homage hath presented the offences, and Bracton calls them Trustees, Amercers, and Affirmors, also it seems to be by the statute of Magna Charta, chap. 14. and by Westminster, 1. chap. 6. which is that a man be not amerced, but by his e∣quals, Fitzh. fol. 75. A.

Debt lieth by the Lord, for amerciament in his Court Baron affirmed, and there held that the defendant may wage his law in this action, also amerciament may be in Court Baron upon the plaintif, if he be non-suited, and upon the defendant if it be found against him, or if he fail of his law, Statham, 12 R. 2. fol. 65.

A free man shall not be amerced for a small fault, but according to the manner of that fault, and for a great one, according to the greatnesse of the fault, saving to him his freehold, and to a Merchant saving his Merchandize, and to a villain saving his waynage. And upon this Statute is (Moderata misericordia) founded, as appeareth by the Re∣gister. And Glanvile saith, there is also mercy, because who by the oath of lawfull men is amerced, shall loose no∣thing of his honourable freehold, Magna Charta, chap. 14.

If the Lord of his own head amerce any Tenant or party in the Court Baron without cause, the party may have a trespasse, if he be distrained for that amerciament, Fitzh. fol. 75. C.

If the Steward or the Bailiff wil assesse any amerciament without confirming by two upon their oaths, after that the homage hath presented the offenders, there is a special Writ, thereupon the Stat. of Magna Charta, chap. 14. upon

these words, that none shall be put upon the aforesaid mer∣cies, but by the oath of good and lawfull men, so that the Steward cannot confirm the said amerciaments, by this Statute, but the affirors or affirmors, Fitzh. fol. 76. D.

Amerciament in Court Baron, which is the 12. and 13. Ar∣ticle of the Charge, for a Trespasse done to the Lord, and what remedy for it.

LOrd of Court Baron may have an action of debt in his own Court for amerciament due to him, for that, that the Suitors are Judges there, and not the Lord in his Lord∣ship. Time Ed. 1. Tit. 177. and Statham, 12. R. 2. fol. 5.

Debt lieth by the Lord for amerciament assessed in Court Baron, and affirmed there, and Bracton saith, that the as∣cestors shall confirm, that they shall oppresse none for hate, nor ease others for love, and that they shall not con∣ceal those things which they heare, so that the Lord can∣not amerce for trespasse done unto himself, unlesse by cu∣stome and usage, otherwise it is extortion.

The Lord cannot amerce a man in his own Court, for trespasse made to himself by the Law, but he may by cu∣stome; but if he levie the amerciament, it is a good barr in trespasse, be the custome so or not, and if it be not used, it is extortion, 12 H. 4. fol. 9.

It seems that for a small trespasse made to the Lord, he may be amerced in the Lords Court, and if it be confirmed and paid, the Lord shall not have trespasse of that, 14 Ed. 4.8. and 7. H. 4. fol. 8.

If Tenant be amerced in the Lords Court, for trespasse to the Lord, it is extortion, but if the Lord accept the a∣merciament, it is good satisfaction for the prespasse, and good barr in trespasse, 48 Ed. 3. fol. 8.

In trespasse by the Lord, it is a good barr that the tres∣passe was affirmed by the Suitors, 48 Ed. 3. fol. 8. and 47. Ed. 3. fol. 19.

Attachment in Court Baron upon debt or trespasse or in any other action, it seems that he shall forfeit the thing at∣tached upon default, and what thing shall be attached, and what not, let us see.

By Billing, Wangford, and Needham, that in (Pone) in Court Baron the goods attached, if he make default shall be forfeit to the Lord, tit. Court Baron, 1. Brook re∣port, that 37 H. 6. is contrary, but this is not in the long report, 34 H. 6. fol. 49.

If a Bailif attach a beast in Court Baron, and it was re∣turned attached, and doth not come, it is forfeit to the Lord, 28 H. 6. fol. 9.

If the Sherif attach a Cow the property is not out of the defendant, till he make default upon return of that, and if the Sherif leave the Cow attached with the defendant, yet if he make default it is forfeit to the King, and the She∣riff may take it with him at the first if he will, 9 H. 7. fol. 6.

By Brian, a plaint cannot be affirmed in a Court Baron, but the Court sitting, and so attachment shall be awarded, the Court sitting, notwithstanding it is used otherwise, 21. Ed. 4. fol. 79.

By Babington, that attachment shall be by a meer chat∣tel, which shall be forfeited by default of the party; but it shall not be by a chattel real, as a lease for years, or a ward, nor for apparrel, 7 H. 6. fol. 10.

That attachment shall be of chattels which a man may forfeit by outlawry, 26 H. 6. Tit assise, 14.

By Moyle, That no goods shall be attached but the pro∣per goods of the party, and not the goods which the party hath in pawn, or that he hath borrowed, 35 H. 6. fol. 25.

The precept of attachment is made, as it follow∣eth, &c.

IK. Steward to the Bailiff of the same, health; because I.S. complaineth against I. D. in a Plea of debt of 30 s. or in a Plea of Trespasse, if the Plaintiff sue a trespasse, &c. or in a Plea of detaining, &c. and find pledges to prosecute, &c. There∣fore I command you, that you shall attach the aforesaid I. D. by all his goods and chattels, to answer the aforesaid I. S. in

the Plea aforesaid, at the next Court there to be held, and have there this precept and how, &c. Dated the 23. of April, the year of the Raign of Queen Eliz, &c. 22.

By me I. K. Steward.

Note, that in a Court Baron a man shall be attatched by goods, and there shall issue no Capias there.

Where the entry is, The great Court of J.S. there held, this is but a Court Baron. And where the entry is, To the great Court with Leet, it is presented, this is uncertain and not good; for the entries shall be several as it follows afterwards, 10 Ed. 4. fol. 17.

Notes

• Jurisdi∣ction 117 Suitors.
• Prebend of Isling∣ton, At∣tachment.