Jurisdictions, Part 158
Matter uncertain.
See where it is uncertain in Matter, and where not.
TReſpaſſe, the Defendant pleads, that the Plaintiff was indebted to him in a hundred Markes, and that he pawned the Goods till he were paid, and for that, he doth not ſhew for what the Debt was due, nor whether he paid it or no, it is uncertain, and is not good: 5 H. 7. f. 1.
Treſpaſſe, if the Defendant ſaith that A. was ſeiſed of the Mannour of D. whereof the place is parcell, he ſhall ſay at what time the Treſpaſſe is parcell, otherwiſe it is not good: 32 H. 6. f. 24. & 10 H. 7. f. 28. the ſame.
One pleads a Fine levied to B. of the Mannour of D. and that the Tenant attorned to B. and for that he doth not ſay, that the Coniſee was ſeiſed of the Mannour at the time of the Attornement, and alſo for that, that he doth not ſhew what Terme the Fine was levied, it is not good: 10 H. 7. f. 28.
Found by Office that the Lord Greyſtock Tenant of the King died ſeiſed, and one came to traverſe that, and ſaid, that the Dean of York recovered in a Writ of Right againſt the Lord Greyſtock, and entered, long before the Inquiſition, &c. and gave to him in Tail, and it is not good; 3 H. 7. f. 2. for that it is not ſhewed if the Entry was in the life of the Lord, or after his death.
Forcible Entry, where the Defendant ſaith, that J. H. and H. Wood infeoffed Fines and Sackvile, and iuſtiffies as Servant to them; the Plaintiff ſaith, one J. S. J. Hook, and H, Wood infeoffed him, and for that he doth not ſay, the aforeſaid J. Hook and H. Wood, it is not good: 1 H. 7. fol. 19.
Where one pleads Barr, which comprehends but one matter, this ſhall be certain, as Arbitrement, he ought to ſhew where the Submiſſion was made, and if that comprehend two matters, he need not to ſhew both ſo certain, as it is ſaid, Free-hold of a ſtranger, and he as Servant, and by his command entered, it is good without ſhewing where the commandement was, 3 H. 7. fol. 11. B.
Quare impedit, The Defendant ſaith, that J.S. granted the next avoidance to A. which preſented, and the Church is void, and the next avoidance was granted to B. which died inteſtate, and the Ordinary ſequeſtred, and for that, that he doth not ſhew the name of the Ordinary, it is not good, 9 H. 7. fol. 23.
Treſpaſſe, the Defendant pleads that it is the Freehold of John Sherewood, and that he by his commandement entered, and for that, that he doth not ſhew where the command was, it is not good, otherwiſe it is, if he had juſtified as Servant, and by his commandement, 12 Ed. 4. fol. 10.
Treſpaſſe, upon the Statute of Rich. the Defendant ſaith, that his Predeceſſour, Maſter of the Hoſpitall of Saint Johns of Jeruſalem, was ſeiſed, and died, and that he was Maſter, and entered after his death, and might be Maſter by Election, Collation, or Preſentment, and for that it is not good, 34 H. 6. fol. 27.
Debt upon Obligation, the Defendant ſaith, that it is indorſed upon condition to be at the award of J.S. who awarded that he ſhould diſcontinue his Action, which he had made, which he hath done, and for that it is not ſhewed what Action, nor …ow it is hanging, it is not good, 36 H. 6. fol. 9.
Maintenance, The Defendant iuſtifies for that, that he was his Servant, and the Plaintiffe ſaith that he gave four Marks to maintain, and for that, that he doth not ſay, hanging the Plea, it is not good, for it may be before, and then it is no Maintenance, 3 H. 6. fol 54.
Treſpaſſe, The Defendant pleads that J.S. enfeoffed the Plaintiffe to the uſe of Alice, by force whereof the ſaid Alice gave to him the Trees, and it is no Plea, for he doth not ſhew if the Plaintiffe were ſeiſed at the time of the gift to the uſe of Alice, 7 H. 7 f. 3.
Treſpaſſe, if the Defendant iuſtifie by command of him to whoſe uſe he ought to ſay, that at the time of the commandement they were ſeiſed to the uſe, &c. the ſame Law, if one plead a Leaſe, and Releaſe, he ought to ſay, that he was poſſeſſed at the time of the Releaſe made, 10 H. 7. f. 26. & 7 H. 7 f. 3. the ſame.
That which is Iſſuable ought to be pleaded certainly.
ONe avows for that, that the Plaintiffe held of him by a Knights Fee, and this is not good, for that he doth not ſhew by what Knights Fee, 12 H. 8. fol. 13.
3 H. 7. f. 2. One traverſes the Office found after the death of the Lord Greyſtock, the Kings Tenant, which was found that he died ſeiſed, and he ſaid that the Dean of York recovered againſt the Lord G. in a Writ of Right, long before the finding of the Office, and it may be he recovered againſt him long before the finding the office, and it might be, after the death of the Lord Greyſtock, and for that it is not good, for it is uncertain. So if one plead that he entred for that, that his Tenant aliened in Mortmain, he ought to ſhew that he entered within the year, otherwiſe it is not good.
26 H. 8. fol. 2. Debt upon Obligation, indorſed with condition, if he make an Eſtate, as it ſhall be deviſed by the Plaintiffe, Defendant ſaith, that he hath made an Eſtate, and it is not good, without ſhewing what Eſtate.
1 H. 7. fol. 13. One comes to reverſe an Outlawry of Felonie, and pleads that he was in the Caſtle of Oxford, at the time of the Outlawry publiſhed, and for that he doth not ſhew, in what County the Caſtle is, nor under whoſe cuſtody, it is uncertain, and not good, for theſe are Iſſuable.
2 H. 7. f. 6. Dower againſt the Heire, he ſaith, that he was ready to render Dower, if ſhe would deliver to him the Writings concerning his Land, and for that he doth not ſhew what Writings, incertain, it is nor good, for it is Iſſuable.