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.

Challenge.

For that, that you try Issues joyned in Court-Baron by assent by inquest of the Homage, as you may, and not by wager of Law as it is, and also in triall of Copy-holds, shall be by Oath of the Jury, and also for that some Challenges are principals, and some are but for favour, first let us see what is a principal Challenge.

PRincipall Challenge is said, where it is evident favour, as kindred, 21 Ed. 4. fol. 11. and 63.

Juror is of aliance, servant, or beares mallice, that is to say, hath trespasse against him, or a Juror is cozen to the Executor which brings the action, and yet he shall not recover to his own use, and this is a principal challenge &c. 20 Ass. 11.

Where a Juror is Gossip of the Plaintiff, it is a princi∣pall challenge, and he shall be drawn off by the challenge, 2 H. 4. fol. 16.4 Ed. 4. fol. 1. the same, 19 H. 6 fol. 66. Contr. 6 H. 6. fol. 40.40. Ass. 20.

That the Plaintif was retained with a Juror, that is, that the Juror was master of the party, is a principal challenge, 2 H. 4. fol. 14.

That the Jury hath past before for parcell of the same gift in Formedon, is a principal challenge if he shew record of that, otherwise it is but favour, 8 H. 5. fol. 11. and 7 H. 4. fol. 11. the same.

If a Juror (after he is impannelled) eate at the Plaintifs costs, or take Money for his charges, it is a principal chal∣lenge, 13 H. 4. fol. 14. 22. R. 2. Chal. 177. 8. Ed. 3. fol. 69.

Where Land is demanded and the Juror is cozen with∣in the ninth degree, it is a principal challenge, 41 Ed. 3. fol. 9.14. & 15 Eliz. Plowd. 426.

It is a principal challenge that the Juror held of J. S. that holds over of the Plaintiff, 13 H. 6. Statham.

Where a Juror hath a Lease of one party, and though he hath granted his Interest to another, yet he is within the Distress of his Lessor, to the using an Action of Debt for the Arrearages, and for that is a principal challenge, 44 Ed. 3. fol. 5.44. Ass. 23.

Trespass, the Defendant saith, it was the Free-hold of J.S. and justifies as Servant of J. S. it a principal chal∣longe that the Juror was within the distresse of J. S. to E. 4. fol. 11. B.

Trespasse, where the Defendant justifies as Servant to the Lord Dacres, it was a principal challenge, that the Ju∣ror was within the distresse of one which held of the Lord Dacres, 15 Ed. 4. fol. 18.

It is a principal challenge that the Juror is cozen to the Wife of the Defendant, for that, that the Issue of the Wife may be Heire to the Juror, 8 H. 6. fol. 15.

That the juror at another time had past against him in the same Issue, if he shew the Record it is a principal chal∣lenge, and otherwise but for favour, 11 R. 2. Tit. 106.21. Ed. 4. fol. 74. before 7 H. 4.

Juror was challenged for that, that at another time he past against the Plaintiff for the same Debt, which was re∣versed by Errour, and for that, that he did not shew the Record, it is no principal challenge, 33 H. 6. f. 1.

It is a principal challenge that the Juror was chosen ar∣bitrator for one party, but otherwise it is where he was chosen indifferent for them, 3 H. 6 fol. 24.

That the juror held of a Mannour, whereof the rever∣sion is in the Plaintiff, is a principal challenge, 10 H. 7. fol. 20.49 Ass. 1. That the juror was of Councel with the Plain∣tiff and hath taken his fee, this was the challenge, and 7 H. 7. f. 10. that it is no principal challenge.

It is a principal challenge, the Sherif or Bailif which makes the Pannell is son in Law to the Defendant, 9 Ed. 4 f. 49.

Those which have been attaint of salse Oath, or were seen in the Pillory or Tumbrill, or against whom there was Judgement of life and member, shall be outed by challenge, and these are principal challenges, Britton fol. 134.

Those which pretend to have some right in the thing demanded shall be outed by challenge, and this is a prin∣cipal challenge, the same Law that the juror is a Villaine 9 Ed. 4. fol. 17. Villaine is principal challenge 26 Book of Ass. 28.

That a juror was outlawed is a principal challenge, if he

shew the Record, 11 H. 4. fol. 40. Abridg. Book of Ass. 6. and 21 H. 6. fol. 30.

The same Law that a juror was attaint of conspiracy, 33 H. 6. fol. 55. 18. H. 8. f. 2. Writ of entry, they are at is∣sue, and the Plaintif saith, that the Sherif and two of the Coroners are his cozens, and the other two cozens of the Defendant, and praies a Venire facias, to others, and shall not unlesse all were his cozens, for if it were made by the cozen of the Plaintif, the array shal be quasht, but the Defendant cannot quash the array by that that it is made by his cozens.

15 H. 7. fol. 9. Plaintif cannot quash the array, for that that it is made by his cozen, but may shew that, and pray a (Venire facias) to the Coroners, but because it doth not lye in his knowledge, the Plaintif may quash the array though the Sherif is of consanguinity or affinity of the Defendant, but otherwise it is of his own part.

19 H. 8. fol. 7. Defendant challenge the array, for that it was made by J.S. cozen of the Plaintif, and this found and the Array quasht.

10 H. 7. fol. 7. The Array was quasht for that, that the Plaintif was Gossip to the Son of the Sherif, or for any o∣ther cause of the Plaintif.

15 Edw. 4. fol. 23. Trespasse by the Arch-Bishop of Canterbury, and they were at Issue, and the Plaintiff saith, that the Sheriffe is his Steward, and some of the Coroners are of his Robes, and the rest within his distresse, and the Defendant confest it, and for that Processe issued out to choosers, and the array by choosers shall not be quasht, but (the heads.)

18 Edw. 4. fol. 8. Where the Array is made by choo∣sers, this shall not be challenged, but the (heads) shall be challenged.

8 H. 6. fol. 60. The Array in Assise was quasht, for that it was made by the Sheriffe himselfe, being Plaintiffe, and it was also quasht, for that it was made by the Coro∣ners at the denomination of the Plaintiffe, for that the Court of Office, awarded Venire facias to Electors.

The challenge is principall

• Cozen of one party.
• Servant of one.
• Master of one Party.

At other times,

• Brings trespasse against one.
• Eats at the costs of one.
• Is Lord to one.

Challenges,

• Is within the distresse of one.
• Arbitrater of one.
• Convict of horrible crime.
• Hath right in the thing demanded.