Jurisdictions, Part 157
Pleas uncertain.
Where it is uncertain in place, and where not.
TReſpaſſe, for that that the Defendant holds Land of him in Reſeleigh, by reaſon of which he ought to ſcowre Ditches, and for that he doth not ſhew where thoſe Ditches are, it is not good: 46 Ed. 3. f. 8
Treſpaſſe, it is a good Plea to plead, that there was an Arbitrement that he ſhould pay ten pounds, which he hath paid, without ſaying, where he hath paid it: 8 H. 6. fol. 74
If Surrender or Attornement be pleaded, which is matter in deed traverſable, it ought to be ſhewed where it was made: 18 Ed. 4. f. 16. B.
Where one avowes upon a Grant of a Rent-charge made to him, and that one attorned, he ought to ſhew in what place: 2 R. 3. f. 13
Annuity, the Defendant ſaith, that he tendered that to him, and for that he doth not ſhew where, it is not good, for it is matter in deed iſſuable, which ought to be ſhewed certain: 9 H. 6. f. 16
Held, if one plead Arbitrement in Barr, he ought to ſhew where the Submiſſion was made: 9 H 6. f. 50
Decies tantum, for imbracing, and for that he doth not ſhew where it is not good: 37 H. 6 f 31
1 R. 3. f. 1 Preſentment in the Sheriffs Turn, that A. Abbot of D. had a Tann-houſe, and had tanned Leather inſufficiently, and that he had ſold and uttered the ſame Leather, contrary to the Statute; and for that he doth not ſhew in what place it was ſold and uttered, it is not good; for there is no place upon which the View ſhall be, and that is material.
3 Ed. 4. fol. 30 Treſpaſſe, Defendant pleads Leaſe for years, and ought to ſhew where it was made, for it is traverſable.
5 H. 7. f. 3 Preſentment, that an Abbot and his Succeſſors uſe to cleanſe a Gutter by the high-way, by reaſon of the Tenure of ſome of their Land, and this is iſſuable, for that it ought to be alleadged where the Land is.
Where one avowes for Rent-charge granted to him by Deed, he ought to ſhew in what County, and where it was granted: 5 E. 4. f. 11
If one plead a Leaſe made to him for years, he ought to ſhew where it was made: 5 H. 7. f. 24 & 3 E. 4. fo. 27. B. 18 E. 4. f. the ſame.
Falſe Impriſonment, if the Defendant juſtifie the Arreſt by Precept, he ought to ſhew where the Precept was made: 14 H. 8. f. 18 & 21 H. 7. f. 73 the ſame.
Where the Defendant pleads that J. S. hath Goods in divers Dioces, and the Adminiſtration belong to the Metropolitan, if he do not ſhew in what Town the Goods are, it is not good: 10 H. 7. f. 16.
Debt upon Arrerages of Annuity granted to him, till he were promoted to a Benefice, to plead that he took a Wife is not good, if he do not ſhew where, for it is traverſable: 35 H. 6. f. 50
Where the thing is iſſuable, it ought to be ſhewed in what place it was.
INformation of Liveries, the Plaintiff ought to count where the Cloth was given, that is, at D. 5 H. 7. f. 18
12 E. 4. f. 11 Treſpaſſe, Defendant ſaith, that the place where, &c. is the Free-hold of J. S. and that he by his commandement entered, he ought to ſhew where the commandement was given, but if he iuſtifie as a Servant, and by his commandement, he need not ſhew where the commandement was.
35 H. 6. fol. 59 Debt upon Arrerages of Annuity, Defendant ſaith, it was granted to the Plaintiff, till he was promoted to a Benefice, and ſaith, that he was promoted to a Benefice, and ought to ſhew where, for it is iſſuable.
Uncertain for Year or Day.
TReſpaſſe, the Defendant iuſtifies, that be entered as Lord, for that, that the Tenant aliened in Mortmain, and for that he doth not ſhew what Day and Year, it is not good: 7 H. 7. f. 5
Qnare impedit, the Defendant ſaith, that the next Avoidance was granted to J.S. which died inteſtate, and the Ordinary ſequeſtred, and for that that it is not what year he granted, it is not good: 9 H. 7. f. 23.
Treſpaſſe of Goods, to plead that in London is a Market every day but Sunday, and that he bought them on Friday, this is good without ſhewing what year, for the year is not material, by Choke, 12 Ed. 4. f. 1.
Aſſiſe, if the Tenant plead that one Plaintiff died after the laſt continuance, he ought to ſhew what day, which may appear: 18 Ed. 4. f. 13. B.
Eſcheat, it is good without counting what day he committed the Felony, for the day is not material, if it be one day or other: 40 Ed. 3. f. 45.
Debt, and counts that the eldeſt Son married K. and if he died before carnal knowledge, that the youngeſt ſhould marry her, if the Eccleſiaſtical Law would permit, and counts that the eldeſt married her, and died before carnal knowledge, and that he purchaſed a Diſpenſation, and required the youngeſt to marry her, and he refuſed, and though he do not ſhew what day, it is good: 12 H. 8. f. 6.
Aſſiſe brought the ſame Day that the Diſſeiſin was made, it ſhall be intended that the Diſſeiſin was firſt, and that the Writ was brought after the ſame day: 4 H. 6. f. 7.
Reſcous, and counts that he diſtrained for Rent, and doth not ſhew the dayes of Payment, and for that not good: 8 H. 4. f. 1.
Obligation of two hundred Markes, and the Condition is to pay one hundred Markes at a day certain, and in Debt the Defendant pleads that he hath paid the hundred Markes, and for that, that there is but a day, which may be according to the Condition, it is not good: 47 Ed. 3. fol. 13.
Where a day is iſſuable, it ſhall be pleaded certain, as one pleads a Leaſe made to him for years, he ought to ſhew when it was made: Plowd. Com. f. 24.
Debt upon an Obligation, which is endorſed with a Condition, that if the Defendant renounce all the Adminiſtration, &c. and no day is in the Condition, when it ſhall be, and the Defendant pleads that he hath renounced the Adminiſtration, and for that, that he doth not ſhew what day, it is not good, for it may be after the Writ purchaſed, and then it is not good: 15 Ed. 4. fol. 29.
Treſpaſſe of Swannes taken, the Defendant ſaith, that long time before the Treſpaſſe ſuppoſed, the property was to J. S. which gave them to him, the Plaintiff ſaith, that long time before J. S. had property, the property was in him, and for that, that he doth not ſhew what day; it is not good; 31 H. 6. f. 12.
Entry by the Lord Cromwell of the Mannour of Amphill, the Defendant pleads a Leaſe for years, and a Releaſe, and it is not good, without ſhewing when the Leaſe was made, notwithſtanding that it be ſhewed when that began, for that, that he ought to ſhew that the Leaſe was made ſuch a day, and the Releaſe after: 32 H. 6. f. 8.
Debt upon an Obligation, the Defendant ſaith it is endorſed upon Condition, that if he infeoff him, and he then pay to him twenty pounds, that the Obligation ſhall be vold, and it is not expreſſed what day the Payment ought to be made, and yet he ought to ſhew what day, for that is ſaid to be forthwith after the Feoffment, for the words are, that then he ſhall pay: 33 H. 6. f. 48. B.