|Title:||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.|
|Publication info:||Ann Arbor, Michigan: University of Michigan Library
2011 April (TCP phase 2)
This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at firstname.lastname@example.org for further further information or permissions.
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.
London: Printed by T: Roycroft, for M: Walbanke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple, 1651.
|Alternate titles:||Court leete et court baron. English|
Courts baron and courts leet
Courts of special jurisdiction -- England
Pleading -- England
Writs -- England
Real property -- England
TO The Students of the Innes of COURT, AND CHANCERY: JOHN KITCHIN wisheth happinesse.
The Person of the King, and the Queen his Wife.
Another Cause of doing Justice.
The third Cause of doing Justice is to have a good Report.
Exhortation to the Jury.
The Charge in Leet.
Wreck of the Sea.
Chaines of Gold.
Crosse-bowes and Hand-guns.
Cordiners. 5. Eliz. chap. 8.
Crow-nets. 24 H. 8. chap. 10.
Frie of Fish, 10 Eliz. chap. 17.
Games unlawfull, 33 H. 8. chap. 9.
Horses, 32. H. 8. Chap. 13.
Hue and cry. 18. Ed. 2.
High Waies, 2. & 3. P. & M. chap. 8.
Hats and Caps, 13. Eliz. chap. 16.
Musters, 4. and 5. P. and M. chap. 3.
Mortmayne, 7. E. 1. West. 2. c. 32.
Riots, 1. M. 1. chap. 12.
Queen, and assurance of her Power.
Tracing of Hares, 18. H. 8. chap. 11.
Wines, 7. Edw. 6. chap. 5.
A breviate of the Charge.
Then let us see what things are argued and allowed in our Bookes to be inquirable in Leet, and what not.
Petty Treason is the first branch in the Charge, and for that somthing is to be remembred, which I finde in our bookes touching these Treasons.
The second branch in the Charge is Felony, and for that somthing is to be saide, what are Fe∣lonies by the common Law and what not.
And for that, that you ought to inquire, what Lands and Goods those attaint of Felony have, it is now to see what the King shall have and what the Lord, by attainder of one in Felony and what not.
And it is to see now, where a forfeiture shall be of Goods onely and not of Lands, and where not.
Grant of the King.
For that the not scowring of Ditches adjoyning to High waies and Bridges, and also other an∣noyances in waies are presentable in Leets, and is another branch of the Charge, let us see how they shall be done and what by the Common Law and what now by the Statutes.
Rescous and pound breach is another branch of the Charge.
Assaults and Fraies.
Trespss of Assaults and Fraies.
Authority of the Steward.
Judge of Record.
Presentment in Leet.
Now let us what presentment in Leet is tra∣versable and what not, and it seemeth where that toucheth a Free-hold is traversable, and otherwise not.
If the presentment be not in a Leet, of things there presentable, afterwards they shall be pre∣sented, as it followeth.
Where one may distraine, and what thing.
In what place a Leet shall be kept, and at what time.
Twelve shall be of the Jury in a Leet, otherwise the Presentment there are all traversable.
The Oath of the Reeve, or Bayliffe.
The Oath of the Greve, or Hayward, or Beadell.
Oath of a Desiner.
Oath of Affirors.
Oath of the Fealty.
Oaths of the Aletaster.
The Oath of the Constable.
And for that that the Constable is here chosen and sworn, that is inquirable here if he do his Office, and for that let us see what authority a Constable hath, and what he ought to do.
For that, it is the Office of a Constable to see that Watch be kept, let us see how a Watch may be.
Entry of Court Leet.
The manner of keeping a Court Baron.
An exhortation to the Jury.
The Charge in Court Baron.
Hawkers and Hunters.
Seisin of Assise.
Pleas of Assise by Bailiff.
Pleas of the Disseisor.
Pleas by Tenant.
Where after a Bailiffe hath pleaded, or the Tenant himselfe, and the Assise upon that adjourned, or award, or hath imparled, the Tenant cannot plead new matter, unlesse it be matter of a later time, or a matter following, or a matter upon which may have Certificate, or the generall Issue.
Where the Assise shall be awarded at large, that is to say, in point of Assise, that is to say, to inquire of Seisin and Dis∣seisin, and where in Right of Dammages, and where not.
Returne of Assise against J. S.
Pleas in Barr and in Abatement.
Plaint in Assise.
Where the Plaintiff may abridge in Assise, and in what other Actions he may abridge, and how.
After Verdict he cannot abridge.
Assise, they were adjourned upon Title.
For that something shall be said of Fealty, and where there ought to be Attornement, and where not.
Then let us see what is good Attornement, and what not.
Where they are compellable to attorne, and where not, and what Tenants are compellable to attorne, and what not.
Where any person is not cempellable to attorn, and yet attorns, and their attornement good, and where not.
Now let us see that the grantee by fine without attornement can∣not have action nor avow for rent, which is in lieu of act∣ion, nor have wast, but may have all other things, as entry for forfeiture, and have escheat and things in seisin, and take, and have aid.
Attorney in Court Baron.
What action shall be sued in a Court Baron by plaint, and what not.
Plaint in Precipe.
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.
Who hath most Right, and Right ought to be sued there.
Where Judgement final shall be, and where not.
Amerciament in Court Baron for suit and otherwise, and what remedy for that, and where it shall be moderate.
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.
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.
Tenant by the Verge in ancient Demesne.
Where a Coppy-holder enters, and dies before be was admit∣ted Tenant.
These Cases following I heard agreed for Law.
Taile of Copy-hold.
Now let us see what is challenge for favour.
Common is the seventh Article which is in∣quirable.
Now let us see what is appendant, and what appurtenant.
Which is Court-Baron, and which is Court of Record.
Ancient Demesne is a Court-Baron, and the Suitors are Judges.
How Land in ancient demesne is made frank Fee for a time, and how for ever.
Note the tenure and tryall of ancient demesne, and who shall plead ancient demesne.
Form of Pleadings, that the Land is ancient Demesne, and how he shall sue for ancient Demesne, and for Copy-hold in ancient Demesne.
By what Writ Execution shall be in ancient Demesne, and by what not, and shall be free of Toll, &c.
Court of Pipowders.
Court of Marshalsey.
And for that it is expedient to say some thing of Customes, and first to write such Customes to you, which I have seene allowed between Copy-holders within Mannours, where I have been at Courts.
And for that, that you ought to note, what custome ought to have lawfull beginning, as might take lawfull effect by Grants at the beginning, for if it be against common right and reason, it is not good; and for that you ought to regard these Grounds and Customes.
Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription.
Custome shall be taken strictly.
Costs against the Plaintiffe.
In what plaints Damages shall be recovered in Court-Ba∣rons, and in what cases in Court-Barons and other Courts, and in what not.
Damages and costs shall be recovered by the Plaintiffe.
And for that, that in the said second Article of Charge, you ought to inquire if any Tenant be dead, who is his next Heire. Let us now see where a Woman is with child at the time of the death of her Husband Tenant, and by whom she shall be Judged with child, and who shall be said in af∣ter the death of the Husband as Heire, and shall be Tenant to the Lord, and who not.
For that, that in the same second Article of Charge, it is in∣quired if any Tenant of the Lord be dead, who is Heire and Tenant to the Lord, let us now see where the halfe blood is impediment, and where not.
Where it shall Escheat and not discend, and where not. And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant, that is to say, Ward, or Escheat: Now let us see what is impediment by attainder, and otherwise, that the Issue of the Lands in Fee, cannot be heire by discent, not that his Father and Mother were marryed, and where the Lord shall have that by Escheat, and where not.
For that, that execution is used in many Court-Barons by (Levari facias) let us see what Goods upon that, may be taken in Execution and what not, and the order of execution.
Note that there are foure manner of Executions, and note Covin to defeat them void.
Ʋpon a generall Issue, the Defendant by evidence to convey to himselfe interest and title, is good evidence.
Defendant upon a generall Issue, if by evidence he acknow∣ledges that he did the wrong, and justifies it, and gives matter which goes to discharge him of the act by Justifi∣cation, this evidence is not good, but he ought to have pleaded that.
Evidence which is contrary to that in Issue, or which is not answerable to the matter in Issue, is not good.
Where the Evidence proves the effect and substance of the Issue, is good.
Forraine matter plead in Court-Baron.
Forfeiture of Copy-hold.
Some Copy-holder by the custome may make waste, and is no Forfeiture, and waste by some Copy-holder is Forfei∣ture.
In so much, that plaints are sued in nature of Formedon, for Copy-holds, something shall be said touching Forme∣don, and first let us see where a Formedon lies, and where not, and for that, that there are three manner of Formedons, that is, Formed on in Discender, Remain∣der, and Reverter, in Fitzh. Nat. Brevium, and there declared how everyone lieth, much shall not be said, but what is in Fitzher. Natura brevium, touching the ly∣ing of a Formedon.
The Writ is not the worse, though in the same it be mentioned that he is the heir of one, or that he should have scarce been heir to him if he had lived, if he be heir to him that last was seised, 11 H. 4. f. 70.
Esplees shall be alleadged in Formedon in reverter, in the Donor, and in the Donee, and in formedon in descender and remainder, in the Donee onely.
Of what things Formedon lyeth, and of what not.
For that that in the second Article is inquired, if Tenant of the Lord dies, if his Heir shall be in ward or not, and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age, which holds of him by Knights service, and where not.
Now let us see where your Lord shall loose the ward, for that that he holds part in cheife, and what hee shall loose by that.
Where a Tenant lets for yeares and dies, the Lord by Knights Service in time past might have outed a Farmor, du∣ring the Nonage; but it is not so at this day.
Homage and Fealty.
For that, that diverse Lords of Mannors have Hariots, and these are to be inquired for the Lord in Court-Baron, in the second Article of Charge. It is to be noted that there are two manner of Hariots, that is to say, Hariot custome, and Hariot service, and for that Hariot custome is properly as it seems, after the death of the Tenant for life and for yeares, and of every Estate, and also is upon altenation.
It seems Hariot service is properly after the Death of Tenant in fee upon discent, and not upon every Estate, as before is said.
Where a Haiot is certaine, the Lord may seise that as Hariot custome, and note that for Hariot service, he may distrain, it seems where it is certaine to have the best Beast, that he may seise.
Who shall pay Hariot, and who not, and when it shall be paid, and what remedy upon putting it away.
Livery of Seisin.
For that, that you give in the second Article of Charge, to know what Estates your Tenants have, for that something shall be said afterwards, which is an Estate in Fee, and which in taile, and also of other Estates, and first for that to Feaffments, Gifts, and Estates, made in taile, and for life, by you to others, there ought to be Livery of Seisin, let us see what is good Livery upon the Land, and what within the view of the Land, and what not.
Note, where a Deed shall enure as a confirmation, without Livery of Seisin, and where not.
Feoffment to diverse, and livery to one, where both take, and where not; and where one makes a Letter of Attor∣ney by words, is not good.
Many times Mortdancester is brought of Copy-hold Land, and for that some thing shall be said of Mortdancester; and it seemes if the Tenant traverse one point of the writ, the residue shall not be inquired: Contrary is by 9 Ed. 3. fol. 30. Fitzh. Mortdancester 13.
If the Tenant pleads Feoffment or Surrender, he ought to traverse the dying seised.
Where there shall be a re-summons, and where the Assise shall be awarded upon default, and the points shall be inquired.
Where Mortdancester lyeth.
Processe of Execution.
Tenant in Fee.
It behooveth, that the Steward shall have knowledge of all manner of Estates, because of making surrenders of Copy∣holders, and also because of their Suits, Wards, Releifs, and Services, for if the Steward do not know the Estates of the Tenants, how can he do Justice. And for that som∣thing ought to be said of Estates, and first of an Estate in Fee.
Where the remainder in Fee depends upon determination of Estate, and where upon Condition, and where upon Con∣tingent.
Where your Tenant hath the fee in him in expectancy, and not executed in him, and where it is executed in him.
Tenant in taile.
Land is given to R. and Katharine and to their Heires, and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them, it is an Estate taile, 5 H. 5. fol. 6. Perk. fol. 35. a.
What Acts by Tenant in tail, shall bind his issue and others, and what not.
Tenant in Frank-marriage.
Tenant after possibility of Issue extinct
Tenant by the Curtesie.
Tenant in dower.
Where a woman shall beindowed, and where not
Against whom Dower may be brought, and what Assignement is good, and what not.
Where the Woman recovers damage, and where the Tenant may say, he is yet ready to excuse him of damages, if it be in Copy-hold, and otherwise.
Tenant for Life.
Tenant for yeares.
Tenant at will.
Tenant at sufferance.
For that, that in the fifth Article villainage is to be inquired in Leet and in Court-Baron, and is to be inquired, who is Villainof the Kings: Somthing shall be said touching that, and first how they began, and where the Lord may seise and have them, and how their Goods and Chattells and other things, and how contrary, and how not.
What is infranchisement, and what not.
How the Lord may take advantage of things which he hath by his Villaine, by act of his Villaine.
And in so much that you ought to inquire, if any Farmer which hath part of the Demesnes of your Lordship, hath made wast, or any Copy-holder, (unlesse by the Custom of the Mannor he may make wast) if any of them have made wast or not. First let us see what is wast in Land, and to be punished, and what not.
What is wast in houses, to be punished, and what not.
What is wast punishable in woods, and what not.
What wast in Gardens is punishable, and what not.
For what wast Termor shall be punished, and for what not.
Action upon the Case.
Action upon the case in Court baron, and other Court, and first for slander.
Action upon the case upon a warrant f a thing sold, and upon knowledge without wairant.
Action upon the case for cosenage and deceiving of one.
Where an Action upon the Case lies for a thing pawned, and for a thing borrowed, and where not.
Where Action upon the Case lies, or Detinue, and where Trespass, and where not.
Action upon the Case for mis-using an Officer in his Office.
Action upon the Case against Executors.
Action upon the Case, for not performing his Promise, and Assumpsit, and the place, and how, where it shall be traversed.
Bargains and Contracts.
Husband and Wife.
What Contract and Act of a married Wife, Bailiff, and Servant, shall binde the Husband, or Master, and what not.
How shall the Husband have by his Wife, Goods and Chat∣tells, whereof hee takes charge, and how hee shall be charged for the Wife.
Over the Sea, and the Kings Service.
Wardens of Churches.
Waging of Law.
Then for that, that the ancient Triall in Court Baron is by wa∣ging of Law, and also in Plaints for Copy-hold-Lands of non-summons, it is needfull to say something of waging of Law, and what will save his Default, and where, with∣out waging the Law of non-summons.
Pleas after Continuance, and Imparlance, and what not.
Pleas after day given.
Pleas after Issue, and at the Nisi prius day in Bench, and after Verdict.
Imparlance at a day in the same Tearm, and at a day and Tearm between, and Imparlance of the Plaintiffe.
What Pleas he shall have after the last Continuance.
Tenures and Services.
Where one shall have View of Land in a Writ, or Plaint in nature of a Writ of Land, and where not.
Pleas after the View in Abatement.
The third Part of this Book, cheifly for Pleading.
Issue shall be upon the Affirmative and Negative, and not upon Plea by Argument, but upon traverse the Affir∣mative.
Assise and Trespass.
Pleas in Barr.
Barr is good at the first shew, or by common reason and intent, such intent is a Plea, which hath not more vehe∣ment presumption then to intend contrary; but if the in∣tent be indifferent, it is not good at the first shew by In∣tendment.
Where Count is upon matter of Reords, or of Specialty the Barre shall be so high, and not upon bare matter.
Count shall be more certaine then a Barr, and yet sometimes it is good by intendment, that is if Common reason do not imply contrary to the Count, it is good by intend∣ment.
Where he confesses and avoids, he need not Traverse.
Order and form, how one ought to conclude in his Plea.
Where he ought to conclude, and so not his Deed.
Where he ought to conclude according to his matter pleaded.
In divers Cases they ought to conclude in the Negative, where so to the Affirmative pleads that his Plea is but as an Argument, and not full Answer, and also to make the matter in Law plain.
Of his own Wrong.
Where of his own Wrong is good, and where not.
Where a double Plea shall not be suffered, and where it shall.
Pleas good by Intendment, and how.
Plea good by Intendment till contrary be shewed.
Where it is uncertain in place, and where not.
Where the thing is issuable, it ought to be shewed in what place it was.
Uncertain for Year or Day.
See where it is uncertain in Matter, and where not.
That which is Issuable ought to be pleaded certainly.
Affirmative and Negative.
Manner and Form.
Pleading by Name.
What is the same.
Where he ought not to traverse, and where he ought, then what thing in the Plea shall be traversed.
Where one justifies at another day then the Plaintiffe alledges, and ought to traverse onely, before the day of his iustifica∣tion, and where, before and after, where onely after.
Where one shall traverse the Town, and where the County, and where not.
The Court Roll.
Pleas in Court Baron.
Plaints of Mortdancester.
Entry in the by, and to whom.
Pleas in Court Baron. Count upon Lending.
Form of a Plaint in a Court Aaron upon buying of Oyland Madder, &c.
Plaint for accusing a man of Pelony, and imprisoning him.
Trespass, Plaint for walking with his Feet.
Entry of the great Cape.
Precept of the great Cape.
Entry of a small Cape.
Precipe of Summons upon a right Patent, &c.
Precept upon Assise of Mortdancester.
To make to have Possession.
The Returne of Writs newly corrected.
Proces in the Court Hundred, Court Baron, &c. Pleg. de prosequendo J.D.R.F.
Here follow certain Cases of the Common Law, upon the Re∣turnes aforesaid, and others.
THE MOST USUAL WRITS which have been used in the Kings Bench, and are most like to continue in that Court, now called the Ʋpper Bench, never before Printed in English.
Attach∣ment of priviledge.
Habeas Corpus ad ac & rec'
Habeas Corpus re∣tornable before a Judge im∣mediately.
Habeas Corpus upon a cepi Corpus.
Habeas Corpus ad satisfacien∣dum.
Superse∣deas when the Defen∣dant ap∣pears, and files com∣mon Bail.
Superse∣deas upon a Capias ad satisfa∣ciendum, when the Plaintiffe hath ac∣knowledged satisfaction
Subpena to testifie before the Sheriffs of London.
Venire fa∣cias with a Proviso.
Distring. the Issue at the Bar.
Writ of In∣quiry.
Proclama∣tion sur' Exigent.
Capias ad satisfaci∣endum in a Plea of Debt.
Capias ad satisfaci∣endum af∣ter judge∣ment affir∣med in a Writ of Er∣ror, and for damages for the Plaintiffe, being the Defendant did thereby delay Exe∣cution.
Capias ad satisfaci∣endum a∣gainst Ma∣nucaptors in a Plea of Debt.
The same against the Plaintiffe for not pro∣secuting his Action.
The same for dama∣ges in breaking Covenant
If for tres¦passe, thus.
If for tres∣pas upon the Case, thus.
If for per∣formance o promise. thus.
The same for costs for the Defen∣dant upon a Verdict at the Assizes against the Plaintiffe.
Fieri facias in a Plea of Debt.
A Testa∣tum there∣upon.
A Deva∣stavit re∣turned, and thereupon a Fier' Fac' of the pro∣per goods of the Execu∣tor.
Habere fac' poss.
A Scire Facias in debt.
The same against Manucap∣tors.
A Scire Facias a∣gainst an Executor in Debt.
The same for an Admini∣stratrix in Debt.
Capias in Wither∣nam.
A Scire facias for an Executor to renew a Judge∣ment af∣ter a year and a day
The same in an A∣ction of Eiectment the Plain∣tiffe (a woman) after Judge∣ment being mar∣ried.
The same for an Admini∣strator in Debt.
The same against an Executor of a She∣riff, where the She∣riff retur∣ned that he had caused the Goods of the De∣fendant to be levi∣ed, but hath not paid the Money coming thereof.
A Testa∣tum ca. sa. against Manu∣captors.
A Super∣sedeas upon a ca. sa. for Manu∣captors.
THE TABLE TO THE RETURN of Writs.