Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	plea_n	reverse_v	2,827	5	13.2283	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87798	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.; Court leete et court baron. English	Kitchin, John.	1651 (1651)	Wing K656; Thomason E1225_1; ESTC R211060	481,896	637

not out of the Fee Which is Court-Baron and which is Court of Record COurt of ancient Demesne is no Court of Record but it is a Court-Baron 9 Ed. 4. fol. 43. and 3 H. 4. fol. 16. the same Where the entry is to the great Court this is a Court Baron as it is aforesaid 10 Ed. 4. fol. 17. Where Suitors are Judges Suitors Judges and where false judgment lies and not errour as in Court of a Mannor Hundred and County these are Court-Barons 6 Ed. 4. fol. 3. B. Court by Commission before the Justices of Peace that is to say their Court of Sessions c. are Courts of Record 9 H. 6. fol. 3. If a man be arrested in the Cinque ports he shall have a Homine replegiando if according to the Law and custom of the Ports he be repleevable Eitzh fol. 67. A Great complaint was against the Officers of the Castle of Dover for holding Plea above forty shillings where they have but a Court-Baron and for arresting men by the body of their Warrant and Gapias but it seems they have a Charter now for it is used there to arrest 5 E. 4. f. 127. Trespasse of imprisonment the Defendant saith that there is a Court by prescription within the Tower and doth prescribe to have Capias and not that it is there Capias without prescription and justifie that by Capias c. And so this appeares to be Courts of Record 4 Ed. 4. fol. 6. Error lies wherefalse judgment is given in any Court of Record as in the common Bench or London or other City where they have power to hold Pleas by Charter or by prescription of every sum in Debt or Trespasse of the sum of forty shillings and over Fitzh fol. 20. If false judgment be given in Court of ancient Demesne the Tenant or Demandant shall have false judgement which proves that it is Court-Baron Fitzh fol. 11. Court of Pipowders is a Court of Record Fitzh fol. 18. H. Where the Courts hold Plea by prescription above forty shillings they are Courts of Record 6 Edw. 4. fol. 3. Marshalsey is a Court of Record for if they err there lies a Writ of errour 10 H. 6. fol. 13. Where they have conusance of every sum as in London and in other Cities and Borroughs are Courts of Record 2 H. 4. fol. 4.34 H. 6. f. 52. the same and 45 E. 3. fol. 1. Error lies where false judgment is given in any Court of Record as in the common Bench or in London or other City or in other place where they have power to hold Plea by Charter or prescription of every sum of forty shillings and over these are Courts of Record Fitzh fol. 20. D. Leets and Turns of the Sherif are Courts of Record for that they are for the common-Wealth Eitzh fol. 82.10 H. 6. fol. 7. It is said that the Leet is a Coutt of Record and for that he cannot wage his Law in Debt brought upon Amerciament in Leet The Kings Bench Chancery common Bench and the Exchequer are Courts of Record for that that no Judg may sit as Judge there without Letters Patents Doctor and Student f. 11. Ancient Demesne Insomuch that a Court of ancient Demesne is a Court-Baron let us see in what action brought at the Common Law ancient Demesne is a good Plea and in what not and what action may be sued in ancient Demesne and what not ANcient Demesne is no Plea in an action upon the Statute R. 2. 2. H. 7. fol. 17. It is no Plea in Trespasse but in Replegiare and Writ of Ward 46 Ed. 3. f. 1. It is no Plea in Trespasse 47 Ed. 3. fol. 22. Ancient Demesne is a good Plea in Replegiare and not in Trespasse 40 Ed. 3. fol. 4.46 Ed. 3. fol. Plaint of fresh force may be sued in ancient Demesne without a Writ of Right close as it seems but another plaint of Land cannot be sued there without a Writ of Right close 26 H. 6. fol. 5. Ke-disseisin and Post-disseisin cannot be sued in ancient Demesne for the Sherif and Coroners cannot inquire there but said that waste may be sued there by a Right close 32 H. 6. f. 29. If a man bring waste at the common Law it is said that ancient Demesne is a good Plea 7 H. 6. fol. 37. and 8 H. 6. f. 83. The Opinion of all the Justices that it is a good Plea in wast for that that by this recovery judgment is to recover the place wasted and by this the Land shall be frank Fee 1 H. 4. fol. 5. The Lord in ancient Demesne cannot hold Plea in Redisseisin and waste by Hull for that that the Sherif is Judge and not the Lord. Warranty of Charters may be sued at the common Law and ancient Demesne is no Plea for VVarranty is by Deed out of the L●nd Fitzh 135. Juris utrum at the common Law ancient Demesne is no Plea for he cannot have a Right close for that that Frank-almaigne cannot be held there but the Tenure there is Socage Abridg. Ass fol. 16.6 Ed. 3. f. 20. the same Statham Detinue of Charters at the common Law to plead ancient Demesne is no Plea 13 Ed. 3. fol. 67. Statham Fitzh 136. In a VVrit of Mesne ancient Demesne is a good Plea In Quid juris clamat brought at the common Law to plead ancient Demesne is a good Plea 20 Ed. 3. Statham fol. 20. In an action upon the Statute of R. 2. brought at the common Law to plead ancient Demesne is no Plea but in account or Replegiare it is a good Plea 21 Edw. 4. fol. 3. VVhere dammages are recovered in ancient Demesne and Debt is brought in the common Bench upon the same dammages it is no Plea for the Defendant to plead ancient Demesne 39 H. 6. fol. 3. Ancient Demesne is a Court-Baron and the Suitors are Judges DEbt was brought in common Bench for dammages recovered in ancient Demesne the Defendant pleads no such record and is no Plea for it is a Court-Baron but no such recovery is good 9 Ed. 4. fol. 44. B. 50. Booke Suitors are Judges in ancient Demesne 34 H. 6. fol. 38. Na. Bre. fol. 12. the same Suitors are Judges in ancient Demesne and not the Bailifs 12 H. 4. fol. 17. Plea shall not be removed out of ancient Demesne unlesse for false Judgment 13 H. 4. fol. 16. Fitzh fol. 12. a the same and that proves that this is a Court-Baron Suitors are Judges in ancient Demesne for that it shall not be removed for that the Bailifs maintaine 3 H. 4. fol. 16. See 6 H. 4. fol. 2. Upon Pone to remove Plea out of ancient Demesne the Sherif returns that the Suitors will not send the Record by which issued a Distresse against the Suitors 18 Ed. 3. Statham False Judgment was brought in the common Bench upon a judgment given in ancient Demesne in a VVrit of Right close and though judgment was given in that in the common Bench

they shall plead speedily from day to day so that it may be pleaded and determined before the King depart out of the limits of the same Verge where the trespasse was done and if they cannot be determined within the limits of the Verge the Pleas there shall cease and be determined at the common Law and the Steward shall not take conusance of Debt nor of other things but of such persons only which are of the Kings House nor shall hold any other Plea by obligation and if they do any thing against this Ordinance let their doing be held for nothing see Fitzh 241. B. D. 10. H. 6. fol. 13. Action was brought upon this Statute for that the Defendant impleads the Plaintif in the Marshalsey for trespasse whereof one nor the other was of the Kings House and there it is granted by the Court that of trespasse within the Verge one or the other shall be of the House as well as of action there upon other contract Seek for it seems otherwise by the words of the Statute and it is used now the contrary diversity of Courts agrees as above see the title of 38 Brook 7 H. 6. f. 33. A VVrit was sued upon the Statute Articuli super Chartas Ed. 1. chap. 3. That none shall be impleaded in the Marshalsey if one party were not of the Kings House there did aver the Defendant vext him c. the other saith no such record Brook tit Action upon the Statute 38. That the Marshalsey shall not hold Plea of Contracts unlesse as well the Plaintif as the Defendent are of the Kings House for if it be otherwise the Defendant may plead to the Jurisdiction and if the Plaintif remove out of the Kings Service hanging the Plea the Defendant may plead that and abate the Jurisdiction and the Plea contrary if the Defendant remove out of the Kings Service and there it was held though the trespasse made within the Verge lie there between any though they be not of the Kings House contrary of Debt and Covenant and therefore seek of action upon the case there between strangers upon Assumpsit for it seems that it is a Contract 6 R. 2. Tit. 49. Br. Action upon the Statute Debt upon Recovery of Dammages before the Marshall in an action of Covenant before the Marshal that is a good Plea to the Jurisdiction that none of the parties was of the Kings House at the time c. For the Statute of Articuli super chartas cap. 3. will as above and therefore it is coram non Judice if it be otherwise 19 Ed. 4. fol. 9. By Littleton and not denied where one is out-lawed in the common Bench without Originall it is not void but errour but Judgement given in the Marshalsey between parties which are not of the Kings House is voide for they have no power to hold the Plea and if execution of that Judgement be sued the other shall have trespasse upon it Then for that that the Statute of Articuli super chartas aforesaid limits what actions shall be sued in the Marshalsey it seems that information upon penall Statutes shall not be sued there for the Attorney of the Queen nor informer shall not inform there and this is no Suite between the parties that the Statue of Artic. provides and they are no such actions and for that Mr. Poole Steward there did well to reiect the informations of penall Statutes aforesaid out of the Court and in this Court and the Court of Pipowders the Suite is J.S. complaines against J.D. and your information is Memorandum that such a day J.S. came here into the Court c. And gave the Court so to understand that c. And there is another form and where there are diverse Statutes which gives liberty to sue for penalties in any Court of Record of the King by expresse wordes yet it was never seen in any suite by information for such penalties in the Chancery Court of Wards Court of Requests for suits there are by English Bills and matters of conscience and Leet is a Court of Record of the King and yet no information shal be there and so it seems in a Court of Pipowders they do not use in these Courts English nor in Leet where the matters are by presentment of the Jury to be informed there nor in Court of Pipowders unlesse the Lord hath the panalties by the Kings Grant for in these Courts the attendance of the Kings Attorney is not requisite and who shall account and pay the King his halfe in these Courts and for that it is hard to sue information there see 44 Ed. 3. Tit. 1. Action populer B. And though that some Statutes by expresse words are That it is lawfull to sue for these penalties of Statutes in any Court of the King of Record this is to be intended in such Courts which have been used as in the Common Bench the Kings Bench the Exchequer and for that the Statute of Acton Burnell fol. 136. is That where an Extent upon a Statute Merchant is found too high it is forthwith that the extenders shall answer for this is to be intended at the day of extent and not forthwith 2 H. 4. fol. 19. So this is taken by intendment as above 8 H. 4. fol. 11. Also the Statute of Donis condicionalibus the letter is That Fine by Tenant in taile in right is nothing for that is to be taken as wise men have taken it that is to say That the Issue in taile be put to a Formedon and cannot enter 11 H. 6. fol. 19. Also the Statute of the yeare 8 H. H. 6. chap. 10. is That upon Indictment shall goe two Capias and Exigent and that the second Capias shall be with Proclamation at a place which hath addition If he be Indicted in another County then where he dwells and it be not so the Outlawry shall be void and this is taken by this Booke of 11 H. 6. fol. 19. It shall be avoided by Writ of Errour and not voyd according to the expresse words of the Statute Also it is not used where Faires or Markets are granted to grant to the Lords of that forfeiture of penall Statutes that that is not granted to the Steward and Marshall and for these causes Informations shall not be sued there Customes It is sayd that the fifth ground of the Law is particular Customes and for that Custome is inquirable by the third Article Doctor and Student fol. 20. 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 FIrst Heire Custome of some Mannor is that the youngest Son or Daughter of the first Wife being marryed a Virgin ought to inherite Custome of some Mannor is Dower That the Woman being espoused a Virgin shall have all the Copy-hold whereof the Husband dyed seised for her frank bench but

Sheriff returns Issues upon J. Burton where there is no such of the Jury but J. Bormstone and it was amended 2 H. 5. f. 8. The Sheriff upon a Capias returns Non inveni where he ought to return Non est inventus and the party was outlawed and this was assigned for Error and awarded Error and shall not be amended 9 H. 5. f. 10. One was outlawed and Proclamari feci of that was returned that I made be proclaimed that he should deliver himself to the Sheriffs of London where the Writ was the Sherif of Kent and this Outlary was reversed by Error and shall not be amended 27 H. 8. f. 34. One was outlawed and the Exigent was returned at my County Court held at the Castle of Oxford he was first called and because it was not in what County it was Error and shall not be amended 21 H. 7. f. 34. One was returned outlawed and for that that it did not appear that it was by the Judgement of the Coroners it was reversed without Writ of Error and shall not be amended 21 H. 7. f. 33. The Sherif returns Scire feci J. A. Clio where it should be Clico and was amended 7 H. 6. f. 1. Where the Sherif upon a Distringas returnes to small Issues he shall amend the Return 27 H. 8. f. 3. Process against a Voucher Averment the Sherif returns the Vouchee dead the Demandant may aver that he is alive by the Statute of 14 Ed. 3. chap. 10. Vouch. 8. And there held that a man shall not have a direct Averment against the Return of the Sheriff unlesse that his person is to be charged or his Inheritance for ever to be lost and that by the same Law he cannot have remedy to save the same Inheritance 40 Ed. 3. f. 6. Debt against two the Sheriff returns upon the Capias I have taken their Bodies and have them before you and now one comes and saith that his Companion is dead and had it for that the other cannot gainsay it 50 Ed. 3. f. 7. By the statute of Westm 2. before said upon a Distringas one may aver that the Sherif hath returned to small Issues and by this Book the Sherif ought to return in Issues so much of Rent as the Defendant receives the Day of the Writ purchased untill the Day of the Return of it 27 H. 8. f. 3. Where the Sherif returns to small Issues upon a Distringas one may aver that they are to small but some seem that if he return to small upon a distringas Juratores it is on t of the Statute 10 H. 7. f. 11. Debt the Sheriff returns upon the Distringas twenty pence upon the Defendant and averment was that the Shetiff might have returned mean between the writ delivered and the return of that 100 s. and the writ was awarded to the Justices of Assise to inquire of that 20 H. 6. fol. 26. Where the Sheriff returns one out-lawed he cannot aver that he was called but three or four times But in appeale he may have the averment 10 H. 7. f. 22. In Re-disseifin he cannot aver that the Sheriff did not go to the place for he is Judg and also one out-lawed cannot aver that he was not the fifth time called 10 H. 7.28 Trespasse upon Pone goods were returned attached and when the Defendant appeared he had a Writ to the Sheriff to deliver to him again the Goods And the Sheriff returns that he hath redelivered the Defendant cannot averr the contrary the same Law of a return of a seisin in Dower one cannot have an averment to the contrary for the Sheriff is Officer to whom credit shall be given which cannot have averment to the contrary But where one is without remedy and to be dis-inherited it is otherwise as if the Sheriff in a Precipe against one return that he is dead the Demandant may aver that he is alive and may say not attached by fifteen daies which is no direct averment But upon an Habere facias sesinam Where the Sherif returns I have delivered seisin he cannot aver the contrary 3 Ed. 4. fol. 20. One cannot have direct averrment against return of the Sherif in the same action but in another he may As in Debt against a Bailif of a Franchise for an escape of one return by the Sherif that he hath taken him by a Warrant to him directed upon a Capias ad satisfaciendum he may now in this action of Debt aver that no such Warrant was to him directed And in Assise not attached by fifteen dayes he may averr And in a Precipe that he was not summoned according to the Law is a good averment in the same Action but not not attached or not summoned 5 Ed. 4. f. 1. A Writ of Deceit is returned by the Sherif and the Defendant averrs that the summoners now returned were not the summoners in Precipe and he cannot aver that Averment against the Return of the sherif 5 Ed. 4. f 7. 33 H. 6. f. 11. Markham accordingly The sherif returnes I have commanded the Bailif of the Liberty of N. which so answers that at another time the Defendant was committed to the next Gaol by Auditors upon an Account for Arrerages and that he being Bailif of that Goal carried him to Prison and he came in upon a Cepi Corpus and saith that no such Account and shall have that Averment notwithstanding the Return of the sheriff 18 Ed. 4. f. 5. One sues a Libertate probanda to recover Nativo habendo and the sherif returnes that no Nativo habendo was delivered unto him and the other averrs contrary and may 18 Ed. 4. f. 7. Upon a Venire facias the sherif returned four and twenty Jurors and upon the Habeas Corpora he returned that 12. of them were dead the Plaintif shall have Averment that they are alive against the Return 20 Ed. 4. f. 11. The Plaintif praies that the Defendant in Replegiare wage Deliverance the Defendant saith that they died in an open Pound in default of the Plaintif and prayed a writ to the sherif Si constare poterit and if the Sherif return upon that writ that they are dead yet he may aver the contrary and have a sicut alias 30 H. 6.2 Where the Sherif returns I have commanded the Bailif of the Liberty of the Archbishop of York which returns summons the Defendant cannot aver that the Land is within the Franchise of Richmond 34 H. 6. f. 3. The sherif returnes upon an Exigent that four times called and not withstanding Averment was taken that he was outlawed and this was certified by the Coroners and for that the sherif was amerced to fifty Markes 36 H. 6. f. 24. Where the sherif upon a Capias returnes He is not found one cannot have an Averment against this Return 2 H. 4 f. 15. One may have an Averment in another Action against the Return of the Sheriff as in Covenant the Sheriff returns him warned

shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and

he grants where he was never in the Warrs it is a good grant for the recitall is matter in deed not materiall 9 H. 7. fol. 7. If the King make a Denizen and recite that where he was borne in France where indeed he was borne in Spain this grant and making him Denizen is a good grant and the recitall is not materiall 3 H. 6. fol. 9. Where processe is miscontinued and Judgment given by default this Judgment upon miscontinuance is errour and may be assigned for errour but where it is miscontinuance of processe and the party appear and pleads and Judgment upon Verdict is given this cannot be assigned for errour See 3 H. 7. f. 8. 1 H. 7. f. 12. Errour was assigned for that it was contained in the Record that in base Court the Entry was that the Court was held upon Tuesday that is the third day of March where Munday was the third day of March and this was adjudged errour and the Videlicet c. materiall 4 H. 7. f. 6. Where one is named Executor where that name Executor is not materiall the Writ shall not abate 17 Ed. 4. f. 2. Where the Defendant in trespasse pleads that the plaintiff bargained and sold to him ten acres of Corn though he do not say ten Acres sowne with corn it is not materiall for it is usually so called and a good Plea 1 H. 7. f. 21. A certaine Memorandum was entred that is to say Memorandum that Simon Wiseman came this 31 day of November this Tearme of S. Michaell 2 H. 7. f. 11. If processe be miscontinued and the party appear and pleads to the Issue and Judgment is given there the miscontinuance is not materiall and is no Errour 9 Ed. 4. f. 42. Trespasse of a Bagg taken with Money the Defendant saith that the Plaintif was indebted to him in a certain summ and delivered that unto him for discharge and is good though he do not shew for what cause he was indebted for this is not traversable and for that is not materiall Manner and Form Manner and Form where it is materiall and where not MAaintenance The Defendant iustifies for that that he is his Neighbour and informed him of a man learned in the Law The Plaintiffe saith that he gave money the Defendant saith that he did not maintain in manner and Form and it is no Plea without answering to the speciall matter 13 Ed. 4.14 Trespasse The Defendant saith that the Plaintiffe is Villain regardant to the Mannour of D. the Plaintiffe saith he is free and not Villain in Manner and Form and Manner and Form is not material but if he be a Villain or not 13 Ed. 4. f. 4. Debt of the sale of a Horse for sorry Shillings where the Bargain was for two Horses the Defendant pleads that he oweth him nothing in Manner and Form the Jury ought to find for the Defendant for that that the Bargain was for two Horses 40. s. and Manner and Form there is materiall and parcell of their Charge and so it is in every Case where the Action varies from the Bargain 21. Ed. 4. f. 22. Debt upon sale simply the Defendant saith that the Sale was upon condition without that that the Plaintiffe sold that in Manner and Form and is good 1 H. 7. f. 13. Trespasse the Defendant justifies for that the Plaintiffe held of him by Homage Fealty Suit of Court and ten Shillings four pence the Plaintiffe saith that he held by Fealty and ten shillings without that that he held in Manner and Form and found by Verdict that he held by ten Shillings four pence and not by Homage and the Plaintiffe had Judgement for that that part is found against the Defendant and Manner and Form is not materiall 31 H. 6. f. 12. 9 H. 7. fol. 12. Entrie in Casupro viso and Counts of alienation in Fee the Defendant saith that he did not alien in Manner and Form as the Plaintiffe hath counted and found that he aliened in Tail the Demandant shall recover for Manner and Form are but words of Form here but whether he aliened or not is the substance Littleton fol. 113. Lord and Tenant and the Tenant brings Trespasse against his Lord and Justifies for that that he held of him by Fealty and Rent and for the Rent behind that he took his beasts and demands Judgement of the Wri● by force of Arms against him the Plaintiffe saith that he doth not hold of him in Manner and Form and though it be found that he holds by Fealty onely yet the Writ shall abate for Manner and Form is not materiall Littleton f. 113. Trespasse of Batterie or of goods taken the Defendant pleads not guilty in Manner and Form as the Plaintiffe supposeth and is found guilty in another ●own or at another day yet the Plaintiffe shall recover Littleton fol. 114. Action upon the Case by a Husband alone upon an Ass●●●●t to him by Tatam the Defendant saith he did not allume in Manner and Form and the Plaintiffe gives in evidence of an Assampsit made to his Wife and his agreement afterwards and it is good and Manner and Form is not materiall 27 H. 8. f. 29. Cessavit That the Defendant held divers Lands by intire Service he may plead that he held not in Manner and Form and give in evidence that he held by severall Service and it is good 10 H. 7. f. 24. An Array of a Pannell was challenged for that it was made by the Sheriffe Cozen to the Plaintiffe and shews how he is Cozen the other saith he is not Cozen in Manner and Form as c. and he is found Cozen but this is found to be in another Manner and yet good for Manner and Form is not materiall 19 H. 8. fol. 7. Assise the Tenant pleads a Feofment of J.S. by Deed the Plaintif intitles him without that that J.S. enfeofed him in Manner and Form and could not give in evidence a Feofment without Deed and traverse that with Manner and Form is good to avoid a Negative pregnant and in Sine assensu Cantuli the Defendant shall not say that he did not alien without the consent of the Chapter but that he did not alien in Manner and Form to avoid a pregnant Negative 22 Ed. 4. f. 4. Negative Pregnant Where a Negative pregnant may be and where not WAste The Defendant saith that he did not let to him for years it is no Plea for it is a pregnant Negative but he shall say that he did not let at all 43 Ed. 3. f. 13. Action upon the Statute of Rich. he did not enter against the Form of the Statute is good though it be a pregnant Negative for that that it traverseth the point of the Writ 31 H. 6. f. 12. Consimili Casu Issue was if he aliened in Fee or not aliened in Fee which is a pregnant Negative and allowed the reason is plain 38 H. 6 f. 3. Lord and Tenant the Tenant pleads a Feoffement

Steward and that in a Leet was presented that the Plaintif is a Felon and that he shewed his Rolls to the Justices at the Session which commanded him to shew that to the Jurors which inquired for the King which he did and saith that that is the same for by Englefield when the Defendant pleads a Conspiracy which is iustifiable he ought to shew that it is the same Conspiracy 27 H. 8. fol. 2. Annuity is brought of six and twenty shillings and eight pence the Defendant saith that he held of the Plaintif by six and twenty and eight pence of Rent which is the same Rent and is not good for it cannot be the same 33 H. 6. f. 38. Debt upon Obligation the Defendant saith it was made by threats the Plaintif saith that he let the Land to the Defendant rendering Rent and saith if he would not seal the Obligation to him for the Rent behinde he would sue him at the Common Law which is the same threatning and it is no good Plea for this is lawfull and not a threatning 16 Ed. 4. f. 7. Br. Tit. Duresse 23. Maintenance the Defendant saith that he carried the Money of him which the Plaintif supposed he maintained to his Counsel which is the same Maintenance and this is no plea for this is no Maintenance 34 H. 〈◊〉 fol. 19. Replication Where a faulty Barr is made good by Replication and where not TRespasse the Defendant pleads an Agreement to pay Money and to make Windows and said that he paid the Moneys and nothing of the Windows and the Plaintiff replied and said no such Agreement and yet the Plaintiff in Barr pleaded an Agreement and that not executed is not made good by the Replication for the Barr is not good to no intent and the Replication cannot make that good 6 H. 7. f. 10. But count where a Barr may be made good by a Plea of the other party where the Count or the Barr is uncertain as where the Plaintiff counts of an Obligation in Debt and doth not count where it was made and the Defendant pleads Release and acknowledge it and the Conisee where the place should be in is now outed and need not to have that the same Law in Trespasse where a man pleads Arbitrement and doth not shew the place where the Submission was that is not good but if the Plaintiff reply and saith that he discharged the Arbitrators before the Award now it is good for that which was ill is now confessed 10 H. 7. f. 24. 20 H. 7. f. 12. By Hussey if one plead Joint-tenancy day of the Writ purchased it is not good for that he might be sole Tenant after if the Demandant saith sole Tenant and doth not demurr it is made good by Replication 5 H. 7. f. 14. The same Law if in Debt against Executors they plead nothing in their hands day of the Writ purchased and do not say nor ever after the plea is not good but if the Plaintiff reply and say that they have Assets and that is found he shall have Judgement 3 H. 7. fol. 8. accordingly False Imprisonment the tenth day of May the Defendant saith that the Plaintiff made an affault in the Court before the Steward and for his disturbance of the Peace in the Court he was committed to ward the Plaintiff saith of his own wrong without such cause and now though the Defendant hath not shewed what day the Court was yet by the replication it is made good for now the day is not materiall 21 H. 7. f. 32. If double Plea be pleaded and the Plaintiff replies and rakes Issue of one matter and that is found he cannot after plead in arrest of Judgment for by the Replication it is made good 18 Ed. 4. fol. 17. Debt upon in Obligation the Defendant pleads a defeasance which is that if the Defendant deliver to the Plaintif in London certaine Clothes of Kersey of as good Stuff and of as good making as before these times have been made in the Town of D. in the County of Darby that then the Obligation should be void and saith that he hath delivered to the Plaintif in London the Clothes of as good c. According to the condition and this Plea is not good for that that it cannot be tried for those of London cannot try if they were as good c. But the Plaintif replied and said that the Plaintif did not deliver to us any manner of Cloth in London ready c. and now by the Replication it is good 22 Ed. 4. fol. 2. Debt the Plaintif counts upon a Lease for terme of yeares and doth not shew where it was made and the Defendant traverses the Lease and the Plaintif replies and joynes Issue and after acknowledges the action and after pleads in arrest of Judgment for that the Plaintiff hath not declared in what place the Lease was made and yet he had Judgment for when the Defendant hath in Barr gainsaid the Lease he hath admitted the count good 18 Ed. 4. fol. 17. And in Debt if I Plead the Release of the Plaintif and do not shew where it was made and the Plaintif replies and pleads not his Deed the Plea of the Defendant is made good by his Replication Br. title Repleader 38. Annuity for Counsell given and to be given and counts that he hath given to him Councell in doing his businesses and though he do not shew in what businesses it is good for if the Defendant saith that he doth not give to him Councell against the Plaintif in his replication he may shew in what things he gave Councell and so the replication hath made all good and the Count was good generally 39 H. 6. fol. 33. By Vanisor Replication may make an ill Barr good as I plead in Barr grant of Reversion and omit attornement if the Plaintif reply and confess and avoid the grant by speciall matter then is the Barr good 11 H. 7.24 By Read in Debt against one as Executor which pleads nothing in their hands day of the Writ purchased which is no Plea for that that he may have assets afterwards But if the Plaintif reply that he hath assets and that found by Verdict is good 6 H. 7. fol. 6. The same Law if the Tenant in Precipe plead non-Tenure day of the Writ and the Plaintif replies that he was Tenant And now though by the statute of 32 H. 8. chap. 30. It was enacted that if any Issue be tryed by the Oath of 12. in any of the Kings Courts of Record that Judgment shal he given any mispleading not having colour insufficient pleading or Jeofaile not worrant of Attorney put in any mis-construction or discontinuance misjoyning of Issue or other default or negligence of parties their Councellours or Attorneys had or made to the contrary notwithstanding and that the Judgement shall be in force and shall not be reversed by Writ of Errour And yet at this day one may plead in arrest

Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certio●are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the