Jurisdictions, Part 154
Of his own Wrong.
Where of his own Wrong is good, and where not.
REplegeare, the Defendant avowes as Bailiff, for that a Prior held of his Mannour by Fealty and Rent, the Plaintiff ſaith of his own wrong, without ſuch cauſe, it is no Plea, for here he ought to anſwer the ſubſtance, which is material, that is to ſay, the Lordſhip: 2 H. 5. f. 1
Where one iuſtifies by a Leaſe made to him by the Plaintiff, of his own wrong, is no Plea, otherwiſe it is, where heiuſtifies a Servant of a Leſſee: 10 H. 4. f. 3.
If the Defendant juſtifie by licence, or commandement of the Plaintiff, the Plaintiff ſhall not ſay of his own wrong, without ſuch cauſe, not if parcell be of Record, for theſe ought to be anſwered ſpecially: 12 Ed. 4. fol. 10
Treſpaſſe of Impriſonment, the Defendant juſtifies, for that he is Conſtable, and was aſſaulted by him, and broke the Peace, the Plaintiff may here ſay, of his own wrong, without ſuch cauſe, for that, that no Record was alleadged: 5 H. 7. f. 6
Treſpaſſe of Battery, the Defendant ſaith, of his own Aſſault: the Plaintiff ſaith, of his own wrong, without ſuch cauſe, and this is good: 5 H. 7. f. 1
Treſpaſſe, where one juſtifies as Servant by command, that he arreſted the Plaintif, or that he came at the requeſt of the Sergeant, &c. of his own wrong without ſuch cauſe, is no Plea: 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31
If the Defendant plead licence, or a Leaſe of the Plaintiff, of his own wrong, is no plea: 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 & f 9 the ſame.
Where a Sheriff juſtifies to make Execution, of his own wrong, is no plea, otherwiſe it is where he juſtifies as Bailiff by command of the Sheriff: 19 H. 6.
Treſpaſſe of Battery, Defendant ſaith, that the plaintiff beat one W. to death, and the Conſtable came to arreſt him, and he ſtood at defiance, by which the Defendant came in aid, and the hurt which he had was of his own Aſſault, the plaintiff ſaith of his own wrong, without any ſuch cauſe, and good: 38 E. 3. f. 9
Treſpaſſe of Graſſe out, the Defendant juſtifies as Parſon of the Pariſh, and that he took them as Tithes ſeparated from the ninth part, the Plaintiff ſaith, of his own wrong, without ſuch cauſe, and it ſeems it is no Plea, and then the Plaintiff replied as above, without that, that they were ſevered from the ninth part, and good: 16 E. 4. fol. 4
9 E. 4. f. 27 Treſpaſſe, the Defendant juſtifies the Impriſonment, for that, that the Plaintiff aſſaulted J. N. to have robbed him, for which he put him in the Stocks, of his own wrong, &c. is good.
41 E. 3. f. 29 Treſpaſſe, the Defendant juſtifies, for that Attachment was awarded out of the Court Baron, to the Bailiff, to attach a Horſe upon a Plaint entered there by him, and that he came in aid of the Bailiff: the Plaintiff ſaith, of his own wrong, without ſuch cauſe, and this is good.
38 E. 3. f. 3 Replegeare of Beaſts taken, the defendant juſtifies for Execution of a Recovery in Court Baron of twenty ſhillings, the Plaintiff ſaith of his own wrong, without ſuch cauſe, and held that he ſhall not have this general Averment, againſt a ſpeciall matter, by which he ſaid, that the Beaſts were not delivered in Execution.
14 H. 8. f. 18 Falſe Impriſonment, the Defendant iuſtifies the Arreſt of the Plaintiff by a Warrant of a Juſtice of the Peace, where the truth was, that when he was arreſted he had no Warrant, but after had a Warrant directed to him, the Plaintiff may ſay of his own wrong, without that, that he hath any ſuch Warrant, and gives the matter in Evidence.
2 E. 4. f. 9 Falſe Impriſonment, the Defendant iuſtifies, that he took the Plaintiff wandring in the night for ſuſpition, &c. The Plaintiff may ſay, of his own wrong, without ſuch cauſe, but he cannot ſay of his own wrong, without that that he was wandring, for he cannot traverſe the ſpeciall matter, but where it is a matter of Record, or of writing, and not where it is a matter in deed.
13 R. 2. Tit. 28. Reſcous, the Defendant iuſtifies to make Replevin by Warrant of the Sheriff, the Plaintiff ſaith, of his own wrong, without ſuch cauſe, and it is not allowed, againſt this ſpecial matter, but of his own wrong, without that, that he had a Warrant of the Sheriff at the time of the delivering of the Diſtreſſe, &c.
33 H 6. f. 47 Treſpaſſe of Goods taken in the County of Darby, the Defendant ſaith, that the Plaintiff fold them to J. S. in the County of Middleſex, and he by his commandement took them, the Plaintif ſaith of his own wrong, without that, that J. S. commanded him in manner and form, and is good.
22 Book of Aſſ. 57 The Defendant iuſtifies as under the Eſchea…or, for that Tenant of the King aliened without licence, and ſhews a Commiſſion, and the Plaintiff ſaith of his own wrong, without ſuch cauſe, and is good.
8 H. 6 fol. 34 Treſpaſſe of Graſſe cut, the Defendant ſaith, that the place where, &c. was the Free-hold of his Maſter, by which, by his commandement he entered, and made the Treſpaſſe, the Plaintiff ſaith, of his own wrong, without ſuch cauſe, and is good: but if the Maſter himſelf had been party, and had pleaded his Free-hold, of his own wrong, &c. had been no Plea.
28 Ed. 3. fol. 58. Treſpaſſe of goods taken, the defendant juſtifies by the commandement of his Maſter, for that, that the Plaintiffe is his Villain, the Plaintif ſaith of his own wrong, and is no Plea without anſwering to the Villainage.
10 H. 6. f. 3. Treſpaſſe of two Horſes taken, the defendant ſaith, that he let to the Plaintif Land, rendring the Rent of twenty Shillings, and for this Rent behind, he entered, and took the horſes, and the Plaintif ſaith of his own wrong, without ſuch cauſe, and by Coteſmore it is no Plea, but he ought to anſwer to the ſpeciall matter, as to ſay of his own wrong, without that, that any Rent was behind, 21 Ed. 4. f. 64.
42 Ed. 3. f. 2. Treſpaſſe, for chaſing in his free Chaſe, the defendant pleads licenſe of the Plaintif to hunt there, the Plaintif ſaith, of his own wrong, without ſuch cauſe, Inquire of this Iſſue.
16 H. 7. fol. 3. Treſpaſſe of goods taken, where the defendant conveys his title from the Plaintif, there the Plaintif by replication may ſay, of his own wrong, without ſuch cauſe, 9 Ed. 4. fol. 41. the ſame.
9 Ed. 4. fol. 43. Treſpaſſe of a bag with money, the defendant ſaith, that the Plaintif was indebted to him in a certain ſumme, and delivered that unto him to content him, the Plaintif ſaith, of his own wrong, without ſuch cauſe, and it is no Plea, for that, that he conveys from the Plaintif himſelf.
10 H. 6. fol. 9. Treſpaſſe, for entring into his Pigeonhouſe, and taking of Pigeons, the defendant pleads that the Plaintif gave him leave to take them, the plaintif may ſay of his own wrong, without that he gave him leave, 20 Ed. 4. fol. 4.
21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiffe, or his Anceſtor, or that it is his Freehold, theſe ſhall be anſwered, and there of his own wrong, without ſuch cauſe generall, is no good replication.
44 Ed. 3. f. 13. Treſpaſſe, the defendant juſtifies for Harriot, the Plaintiffe ſaith of his own wrong, without ſuch cauſe, the Iſſue was taken upon that 38 Ed. 3. fol. 7. the ſame.
44 Ed. 3. fol. 18. Treſpaſſe, the defendant juſtifies, for that, that the Plaintiffe was in VVard to the Prince, and he ſeiſed him, and granted the VVard to him, by which he entered and occupied, the Plaintiffe ſaith, of his own wrong, without ſuch cauſe, and it is no Plea by the Court, but he ought to anſwer to the ſpeciall matter, by which the Iſſue was taken that he held in Socage, and not in Knights Service, See 22 Book of Aſſiſes, 56. 41. Book of Aſſiſes, 21. and 12 Ed. 4. fol. 10.
14 H. 4. fol. 32. Treſpaſſe of his Servant taken, the defendant juſtifies, for that the father of him, which is ſaid to be Servant, held of J.S. in Knights Service, and that he died, and the Land diſcended to the Infant called Servant, being within age, and that the defendant by the commandement of the ſaid J.S. ſeiſed him, the plaintif ſaith, of his own wrong, without ſuch cauſe, and by Cheney, and Hull, for that, that the defendant hath alledged ſpeciall matter, that is, Tenure, in Knights Service, the plaintif ought to anſwer to the ſpeciall matter, and this is no plea, See 22 Book of Aſſiſes 85.
33 H. 6. fol. 29 Treſpaſſe, where the defendant juſtifies by the Kings patent of of his own wrong, &c. is no plea.
9 Ed. 4. fol. 22. Treſpaſſe, where the defendant juſtifies by wreck by preſcription, the plaintif ſaith, of his own wrong, without that, that it was a wreck, and good.
5 H. 7. fol. 9. Treſpaſſe, the defendant juſtifies by cuſtome of foldage by preſcription, of all Sheep which paſture in ſuch a Common, the plaintif there ſaith, of his own wrong, without ſuch cauſe.
Where a double Plea ſhall not be ſuffered, and where it ſhall.
PRior brought a Quare impedit, and counts that his predeceſſor was ſeiſed and preſented, and the King ſeiſed his temporalties becauſe of VVarre, and preſented, and now it is void, and it belongeth to him to preſent, and it is not double, 40 Ed. 3. f. 10.
But in Quare impedit, and counts of divers preſentments in his Anceſtors, this is double, 1 H. 5. fol. 1.
Quare Impedit, by Tenant in Tail, and alledgeth a Preſentment in the Donor, and another in the Donee, this is not double, for the Gift is traverſable; but if he alleadge Preſentment in the Feoffor, and another in the Feoffee, this is double: 4 Ed. 4. f. 3
Debt againſt Executors, to plead fully adminiſtred, and ſo nothing in their hands, is not double, for one Anſwer makes an end of all, that is, that they have Aſſets, 3 H. 6. f. 3
Debt upon Obligation, and pleads Payment, and Delivery of the Obligation in place of an Acquittance, it is not double, for one Anſwer ſhall be for all: 1 H. 7. fol. 15 and alſo it is no Plea.
Treſpaſſe, the Defendant pleads Gift in Tail, and divers Diſcents, and it is not double, for the Gift is onelyonly traverſable: 19 Ed. 4. f. 4
Baſtardy is pleaded to ten Acres, and Releaſe of all Actions, and that is double: 10 H. 6. f. 20
Non-tenure is pleaded to part, and Baſtardy to the reſt; and this is double: 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 & 40 E. 3. f. 21
Dower, the Tenant may plead Joint-tenancy of part, and that ſhe detains Writings for the reſt, which goes to all, and it is not double: 33 H. 6. f. 57 & 40 E. 3. f. 31
Aſſiſe of a Mannour, the Defendant pleads a Fine of one halfe to J. S. whoſe Eſtate he hath, and to the other halfe, pleads a Releaſe of the Father of the Demandant, with Warranty, and demands Judgement, if againſt Warranty, Aſſiſe ought to have been of that Moity, and it is not double, for this goes but to the Moity, and is not, &c. 37 H. 6. f. 24
Debt upon an Obligation, that he was a Lay man unlearned, and the Day of Payment was read to be at another Day, and that it was delivered as an Eſcrow upon condition, that if others ſealed, &c. and the others did not ſeal, and ſo not his Deed, this Concluſion hath made that ſingle: 38 H. 6. f. 26