Jurisdictions, Part 107
Evidence.
AND for that, that you have not many times Councell in your Court Barons, and for that, that it is many times pleaded to the generall Iſſue, where it ought not: It is now expedient to ſhew, what matter may be given in evidence upon generall Iſſue, and what not: And firſt where the Defendant pleads the generall Iſſue, and ſhews in evidence, that the Plaintiffe hath no ſuch cauſe of Action as is brought, nor no cauſe of Action, this is good evidence upon generall Iſſue.
Action upon the Statute of (Parco fracto) not guilty, and evidence that hee hath no Park, is good, 19 H. 6. fol. 7.
Treſpaſſe in VVarren, not guilty, and evidonce that he hath no VVarren, is good, 10 H. 6. fol. 17. and 34 H. 6. fol. 7.
Treſpaſſe by VVarden of the Fleet, not guilty, and evidence that he is not VVarden, is good, 4. Ed. 4. fol. 7. and 12 E. 4. fol. 7.
Treſpaſſe of a Houſe broken, not guilty, and evidence that the Plaintiffe hath no Houſe there, is good, 22 H. 6. fol. 7.
Treſpaſſe, not guilty, and evidence that the place where the Treſpaſſe was done, is the free-hold of another, and not of the Plaintiffe, is good, 4 E. 4. fol. 5.
Debt againſt a Vicar for holding Farmes: He hath not againſt the forme of the Statute, and evidence that hee had, for maintenance of his Houſe, it is good, 27 H. 8. fol. 25.
Action upon the Caſe of finding his Goods, and converting them to the uſe of the Defendant, not guilty, and evidence that they were not the Goods of the Plaintiffe, is good, 3 Mar. and 33 H. 8. Action upon the Caſe, 109. Otherwiſe it is in Treſpaſſe, 27 H. 8. fol. 25.
Debt upon arrearages of account, hee oweth him nothing in manner and forme, and evidence, that there was no ſuch account, is good, 2 H. 6. fol. 26.
Debt upon arrearages of Rent upon a Leaſe for yeares, he owes him nothing, and evidence that hee did not demiſe, is good, 7 H. 7. fol. 3.
Debt upon ſale of a Horſe for forty ſhillings, the Defendant may plead he oweth him nothing in manner and form, and evidence that the ſale was of two Horſes for forty ſhillings, or that it was of an Oxe for forty ſhillings, is good, 21 E. 4. fol. 26. and 9 E. 4. fol. 1. by Moyle.
VVaſte, no waſte made, and evidence that the Houſe was burnt by the Kings enemies, or by Thunder, or it was ruinous at the time of the Leaſe, is good: And ſo every thing that is no waſte, for that proves that the Plaintiffe hath no cauſe of Action, 12 H. 8. fol. 1. and 22 H. 6. fol. 56. In maintenance, not guilty, evidence that the thing that is done is no maintenance, is good.
Action of extortion againſt the Sheriffe, which pleads that he tooke not, and evidence, that by preſcription hee hath Barr fee of every one which he takes, and is good, for it is no extortion, 21 H. 7. fol. 17.
4 E. 4. fol. 5. Treſpaſſe, The Defendant pleads not guilty, and gives in evidence, that it is the Feeehold of another, and good, for then the Plaintiff hath no cauſe of Action.
2 H. 6. fol. 26. Debt upon arrearages of account, he owes him nothing in manner and forme, and evidence that there was no ſuch account, is good, for hee hath no ſuch cauſe of Action.
2 Mar. and 33 H. 8. tit. Action upon the Caſe, and Count upn finding the Goods, and converting them to his owne uſe; the Defendant pleads not guilty, and gives in evidence that they were not the Goods of the Plainliffe, for he hath no cauſe of Action, 5 H. 7. fol. 3. the ſame,
10 H. 7. fol. 24. Ceſſavit, That he held diverſe Lands by intire ſervice; he did not hold in manner and forme, and gives in evidence, that he holds by ſeverall ſervices, is good, for he hath no ſuch cauſe of Action.
27 H. 8. fol. 25. Treſpaſſe of Goods carryed away, the Defendant pleads that the property of the Goods was not in the Plaintiffe, and that is no plea in Treſpaſſe, but in Replegiare: And ſome for that ſeeme, that this is no good evidence in Treſpaſſe, upon a Plea of not guilty.
9 H. 7. fol. 3. Debt for Rent upon a Leaſe for yeares, that he oweth him nothing, and evidence that he did not demiſe, is good.
Ʋpon a generall Iſſue, the Defendant by evidence to convey to himſelfe intereſt and title, is good evidence.
TReſpaſſe of Gaſhaukes taken, not guilty, and evidence that he had a Leaſe of a VVood for yeares, where they were taken, it is good, for it is a title, 16 E. 4. fol. 2.
Treſpaſſe, The Defendant pleads his Free-hold, and gives in evidence, a Fine with Proclamation, it is good, for it is a Title, 27 H. 8. fol. 27.
Treſpaſſe, not guilty, and in evidence a Leaſe for years, is good, 12 H. 8. fol. 2.
Account of receit by the hands of J. S. the Defendant pleads he was never his Receiver, and evidence, J. S. gave that to him, is good, 2 H. 4. fol. 13.
Action upon the caſe of finding Goods and converting them to his uſe, the Defendant pleads not guilty, and evidence that they were pawned to him for ten pounds, is good, 4 E. 6. Br: 113.
Treſpaſſe, not guilty, the Defendant may give a Leaſe for yeares in evidence, contrary of a Leaſe at will, for this is determinable at pleaſure, 25 Hen. 8. Generall Iſſue 82.
Treſpaſſe of Goods taken, the Defendant may plead not guilty, and evidence that he recovered, and had them delivered in Execution, and is good, 22 Booke of Aſſiſes, 73.
Treſpaſſe, not guilty, and evidence that the property was to J. S, which gave them to him, is good, 9 H. 6. fol. 11.
Aſſiſe by a Woman, no wrong, and evidence that her Husband enfeoffed him, is good, 45 Book of Aſs. 8.
Defendant upon a generall Iſſue, if by evidence he acknowledges that he did the wrong, and juſtifies it, and gives matter which goes to diſcharge him of the act by Juſtification, this evidence is not good, but he ought to have pleaded that.
TReſpaſſe, not guilty, and evidence that the property was to J.S. and that he, as ſervant, and by his commandement took them, it is not good, for he acknowledgeth by the evidence, that he made the treſpaſſe, and juſtifies that, 25 H. 8. Generall Iſſue, 81.
Waſte, No waſte made is pleaded, and evidence that the Plaintiffe let to him the Houſe and Land by Deed, and granted to him by the ſame Deed, that he might cut Trees to repaire that, it is no good evidence: The ſame Law in Debt, he owes him nothing, and evidence that the Plaintiffe hath releaſed that to him: The ſame Law in Treſpaſſe of Battery, not guilty, and evidence that he did that (in defending himſelfe) it is not good: The ſame Law in maintenance, not guilty, and evidence lawfull maintenance, it is not good, for theſe matters in evidence are juſtifications, which goe in diſcharge of the party, and not by title, but by Juſtification, 12 Hen. 8. fol. 1.
Treſpaſſe, not guilty, and evidence that he had a Cloſe adjoyning, that the Plaintiffe ought to incloſe, and for not incloſing they enter, it is not good, for it is contrary to (not guilty) and is a Juſtification, 19 H. 8. fol. 6.
Treſpaſſe, not guilty, and evidence that it was the freehold of J. S. and that he licenſed him to enter, by vertue of which he entred, it is not good, for it is Juſtification, 4 Ed. 4. fol. 5.
Treſpaſſe of Battery (not guilty) and evidence that it was made in his defence, not good, 11 H. 4. fol. 63.
25 H. 8. Br: tit. Generall Iſſue, 81. In Aſſiſe or Treſpaſſe, if the Defendant pleads no wrong, or not guilty, he cannot by evidence intitle a ſtranger, and juſtifie by his commandement: So for Common, Rent ſervice, Rent charge, or juſtifie by licenſe, theſe ought to be pleaded, and not given in evidence; contrary of a Leaſe for yeares.
34 H. 8. Title, Generall Iſſue, 89. Debt upon an Eſcape out of execution, Defendant cannot ſay that eſcaped not, and give in evidence that he was not arreſted, for that is in Plea.
27 H. 8.21. By Fitzherbart and Shelley, in Debt upon the Statute of 21 H. 8. againſt a Vicar for taking Farmes, the Defendant ſaith, that hee neither had, nor kept to farme, againſt the forme of the Statute; he may give evidence that he took that for maintenance of his Houſe, by the Proviſo in the Statute, notwithſtanding …awdwe… denyed it.
20 H. 6. fol. 24. Debt upon arrearages of account, the Defendant ſaith, hee oweth him nothing in manner and forme, and gives in evidence that there was no ſuch account, and by Newton it is good, and yet he might have pleaded no ſuch account.
22 H. 6. fol. 56. Debt againſt Abbat for borrowing, he may account generally, that the ten pounds borrowed came to the uſe of the Houſe, and give in evidence how, as in buying of Bread and Drink.
Evidence which is contrary to that in Iſſue, or which is not anſwerable to the matter in Iſſue, is not good.
NOthing paſſed by the Deed, and evidence that it is not his Deed, is not good, for it is contrary to the Iſſue, and to that which he acknowledged in his Plea by Implication, 5 H. 4. fol. 2.
Mortdanceſter, The Tenant ſaith, that he is ready to heare the Recognition of the Aſſiſe, and in evidence that the Plaintiffe is Baſtard, it is not good, for it is contrary to this thing, admited and imployed, 22 Book of Aſs. 3.
Covenant, Iſſue was, If the Defendant had made an Eſtate ſufficient to the Plaintiffe of Higgens Cloſe, or not, and evidence that it is not ſo much in value, it is not good, for it is not anſwerable to the matter in Iſſue, 27 H. 8. fol. 35.
Treſpaſſe, The Defendant juſtifies for Common appendant, and gives in evidence that he hath Common by reaion of Neighbourhood, it is not good, for it is not anſwerable to the matter in Iſſue, 13 H. 7. fol. 13.
11 H. 4. fol. 63. Treſpaſſe of beating, not guilty, and evidence that it was in his defence, it is not good, for it is a matter of juſtification and contrarying.
7 Ed. 6. tit. 14. In Debt upon an Obligation made for Uſury, If the Defendant plead (it is not his Deed) he cannot give in evidence that it was made for Uſury, for it is contrarying.
5 Ed. 4. fol. 5. Debt upon obligation, for letting him to baile, and doth not name Sheriff, the Defendant gouht to plead that, and ſo not his Deed, but not generally (not his Deed) and give that in evidence for it is contrarying.
3 H. 7. f. 5. Where two are bound joyntly and ſeverally, and one Seale is broken, yet in Debt againſt the other or againſt him, he cannot plead (not his Deed) and give that in evidence, for it is contrary, but he may plead the ſpeciall matter and conclude, ſo not his Deed.
5 H. 7. f. 2. If one plead nothing paſſed by the Deed, he cannot after give in evidence that it is not his Deed, for it is contrarying.
9 H. 7. fol. 3. Derinue, the Defendant ſaith, he doth not detaine, and he cannot give in Evidence, that he hath that in pawn, for it is contrarying.
Where the Evidence proves the effect and ſubſtance of the Iſſue, is good.
THE Plaintiff Pleads a Leaſe ſimply, and gives in evidence a Leaſe upon condition, and for that, that the condition is performed, it is good, for the evidence proves the effect and ſubſtance of the Iſſue, and for that it is good, 14 H. 8. f. 20.
38 H. 6. f. 9. The Array was challenged, for that, that was made at the denominating of the Clerke of the Plaintiff.
Evidence that it was made by the Bailiff of the Franchiſe at his denomination, is good.
44 Ed. 3. fol. 39. J.S. pleads a Feoffment made to him, and gives in evidence that there was a Fine which is a Feoffment of Record, and is good.
27 H. 8. fol. 29. Action upon the caſe by the Husband of an Aſſumpſit made to him, and given in evidence that it was made to his Wife, to which he agreed, and is good.
14 H. 8. fol. 18. Falſe Impriſonment, If the Defendant juſtifie by Warrant, if the Warrant were after the Arreſt, the Plaintiff may ſay of his own wrong, without that, that he had any warrant, and may give this matter in Evidence.
Forraine matter plead in Court-Baron.
IF a Plaint be in the Court-Baron of a Debt or treſpaſs, and forraine matter is pleaded there, it ſhall not be tried in Bench, though that this Court ſhall be out of the Juriſdiction, but it ſeems ſhall be tried in the County where the Court-Baron is, or the forraine matter is alleadged to be done, 1 H. 5. f. 12.
A man cannot remove a Plea out of Court-Baron into Bench, but in a Replegiare, and not in Debt or treſpaſſe, unleſſe that the Damages are not to forty ſhillings, 14 H. 8 f. 17. by Fitzh.
Note more before that.