Jurisdictions, Part 151
Pleas in Barr.
Barr is good at the firſt ſhew, or by common reaſon and intent, ſuch intent is a Plea, which hath not more vehement preſumption then to intend contrary; but if the intent be indifferent, it is not good at the firſt ſhew by Intendment.
FOrmedon in Diſcender, that he gave not, is good, and yet it may be that he did recover in value, but the moſt preſſing Intendment is to the contrary: but if in Debt, I plead Releaſe bearing Date after the Obligation, it is not good, at the firſt face, unleſſe he ſaith, that it was delivered after the Obligation: Plowd: Com. f: 32
Forging of Deeds, the Defendant ſaith, that he himſelf was ſeiſed at the time of the Forgery, and it might be by Diſſeiſin, but it ſhall not be intended, and for that it is good, at the firſt ſhew; 8 H. 6. f. 34
Treſpaſſe, that he entered into a Warren, the Defendant pleads his Free-hold, and it is good, and yet one may have the Warren, and another the Free-hold; 44 E. 3. f. 12 17 E. 4. f. 6 10 H. 7. f. 24 & 34 H. 6. f. 28
Treſpaſſe in a ſeverall fiſhing, the Defendant pleads that the place is his Free-hold, and is good, as above at the firſt face; 18 H. 6. f. 29 10 H. 7. f. 24 20 H. 6. f. 4 17 E. 4. f. 6 & 18 E. 4. f. 4
Aſſiſe of Mortdanceſter, becauſe his Mother took the habit of Religion, the Defendant ſaith, that your Mother had a Husband alive when ſhe entered into Religion, and it is not good; for it is indifferent whether he be alive or not, and for that he ought to aver, that the Husband is yet alive; 5 E. 4. f. 3
Treſpaſſe of Goods, &c. the Defendant juſtifies that the property was to J. S. which gave them to him at D. and though he do not ſay, where the property was in him, it ſhall be intended at D. and good; 1 E. 5. f. 3
It is ſaid there, though the Barr be good to common intent, yet it ſhall not be good where parcell of the ſubſtance is left out, but where ſuch things are left out, which by ſpecial intendment, and not by general intendment, are omitted, the Law ſhall keep ſuch a barr. Plowd. Com fol 27.
Accounts, the Defendant ſaith that he hath accounted before the Plaintiffe himſelf, and it is good, yet he doth not ſay, that he was before Auditors before him, &c. 4 Ed. 4. fol. 6.
Treſpaſſe, the Defendant pleads, that he to whoſe uſe enfeoffed him, and doth not ſay, if he were out of Priſon, and of full age, according to the Statute, and yet being in Barre, it was ſaid, that it ſhall be ſo intended, 6. H. 7. fol. 6.
Where Count is upon matter of Reords, or of Specialty the Barre ſhall be ſo high, and not upon bare matter.
DEbt upon arrearages of Annuity, the Defendant ſaith, that he let the Mannour of D. to him in recompence, and it is no Plea, for it is not ſo high, 19 H. 8. fol. 9.
Treſpaſſe upon the Statute of Rich. The Defendant pleads in Barre, warranty of the Anceſtor of the Plaintiffe, and demands Judgement, if againſt the warranty, &c. and it is no Plea, for Damages is onelyonly to berecovered, 10 H. 7. fol. 12.
Treſpaſſe, the Defendant may plead Fine with Proclamation, Judgement, if Action, but not to relie upon the eſtoppell, 27 H. 8. fol. 27.
14 H. 4. fol. 27. Debt upon a Leaſe by Indenture, the Defendant ſaith that he hath beſtowed the Rent upon reparations by commandement of the Plaintiffe, and it is not good, for it is not ſo high.
10 H. 7. fol 4 Debt upon arrearages of a Leaſe for years, the Defendant pleads agreement, and it is not ſo high.
1 H. 7. fol. 14. The Defendant cannot avoid ſpecialty by bare matter, as to ſay the ſpecialty was delivered to him in place of an acquittance, for it is not ſo high.
10 Ed. 4. fol. 18 Debt upon an Obligation, endorſed with condition, that if the Defendant ſerve him in all his lawfull commands, &c. the Defendant may plead, that he diſcharged him, and it is good without ſpecialty, for the condition is matter in deed.
18 Ed. 4. fol. 9 If one covenant by Indenture to make me a houſe before ſuch a day, and he plead, that I diſcharged him before the day, it is good without ſpecialty, for I cannot come upon his Land after diſcharge, 19. Ed. 4. fol. 2 the ſame.
21 H. 6. fol. 36. Treſpaſſe of taking his Apprentice, the Defendant ſaith that the Plaintiffe diſcharged him before the Treſpaſſe of taking, and it ſeems no Plea, for that he is an Apprentice by Indenture, and the diſcharge without ſpecialty, and to another perſon.
9 Ed. 4. fol. 57. Annuity, the Defendant pleads levied by diſtreſſe in another County, and ſo that he owes him nothing, and it is good, but that he owes him nothing onelyonly, is no Plea againſt ſpecialty.
3 H. 6. fol. 41. Scire facias, upon recovery of arrerages of annuity, Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance, and it is no Plea againſt a recovery.
11 H. 4. fol. Debt upon arrerages before Auditors, the Defendant pleads that he hath an obligation for the ſame, and it is no Plea, for it is not ſo high.
11 H. 7. fol. 13. VVaſte, Defendant pleads an agreement between him and the Plaintiff, and it is no Plea, for the Inheritance is to be recovered in this writ, and for that it is no Plea.
Scire facias, upon a Recogniſance to have one here at a certaine day to appeare, it is no Plea to ſay, I have been there without ſhewing his appearance of Record, for it is not ſo high, 7 H. 6. fol. 26. B.
Debt upon arrerages of account before Auditors, the the Defendant pleads Abitrement, and it is no Plea againſt matter of Record before Auditors, 3 H. 6. f. 55. 8 H. 5. f. 3. the ſame, 10 H. 6. tit. 44. 4 H. 6. fol. 17. and 3 H. 4. f. 7. H. 4. f. 6. adjudged.
Debt upon an obligation, the Defendant cannot plead payment, for it is not ſo high, 1 H. 7. fol. 14.
Debt upon an obligation, endorced upon condition; the Defendant may plead that the Plaintiff hath retained parcell of the ſmaller ſumm, hanging the VVrit, and it is good in abatement without ſpecialty, 5 H. 7. f. 4.
Action upon the Statute of Rich. If the Defendant plead Act of Parliament, by force of which he was ſeiſed, till the Plaintiff entered upon him, upon which he re-entered, the which is the ſame Treſpaſſe, &c. and concludes Judgement if action, it is good, 3 Ed. 4. fol. 6.
Annnity by grant, the Defendant ſaith in abatement that after the action brought, that the Plaintiff hath retained part of the arrerages, and it is no Plea without ſpecialty, for it is not ſo high, 22 Ed. 4. fol. 51.
Debt upon an obligation, the Defendant pleads receit of parcell, hanging the VVrit, Judgment of the writ, and it is not good without ſpecialty, 7 Ed. 4. fol. 15.
15 H. 7. fol. 10. Debt upon a ſingle obligation of twenty pound, the Defendant pleads that the Plaintiff hath received parcell, hanging the VVrit, and demands Judgment of the VVrit, and it is no Plea without ſhewing Acquittance, for it is not ſo high.
VVaſte, the Defendant pleads agreement to make fludgates only, and agreement is no Plea in this action, for it is not ſo high, for Land is to be recovered, 13 H. 7. f. 20. 11 H. 7. f. 13.
Covenant upon ſpecialty, the Defendant pleads arbitrement, and it is not good, for it is not ſo high, 3 H. 4. fol. 2.
Debt upon obligation, the Defendant cannot plead that the Plaintiff delivered this obligation again to him in place of an Acquittance, and took it again from him, for it is not ſo high, 5 H. 4. fol 2.
Debt for Rent upon a Leaſe by Indenture, the Defendant cannot plead payment for it is not ſo high, but payment, and ſo he owes him nothing, is good, but where a Leaſe is by word, payment in Debt upon that is good, 1 H. 5 fol. 6 See, 46 E. 3. f. 1. See, 10 H. 7.24. b. 11 H 7.4 b. 20 H. 6.20. b. & 9 Ed. 4.27.
Debt upon obligation upon condition, the Defendant may plead payment according to the condition, without ſpecialty, 5 H 7 fol. 41. 5 Edw. 4 fol 5. the ſame
Debt for Rent upon a Leaſe, payment is no Plea without ſaying, and ſo he owes him nothing, but payment in another County is good without concluding, and ſo he oweth him nothing, 33 H 6 fol 4. 10 H 7 fol 4.3 H 7 fol 3.
Debt upon a bargaine, where the Defendant may wage his Law he cannot plead payment in another County, 18. H 6 fol 13. 10 H 7 f 4. 11 H 74 b.