Jurisdictions, Part 152
Count.
Count ſhall be more certaine then a Barr, and yet ſometimes it is good by intendment, that is if Common reaſon do not imply contrary to the Count, it is good by intendment.
DEbt upon obligation without date, yet the Plaintiff ought to count when it was made: But otherwiſe it is if the Defendant plead an Acquittance without date, 3 H. 4. f. 5. 6 Ed. 4. f. 11. Debt or annuity without date, the ſame, 5 H. 7.24 B. of annuity.
Quare impedit, If the Plaintiff counts that foure perſons were ſeiſed of a Mannour, to which the Advowſon is appendant, whoſe Eſtate he hath, it is not good without counting how he hath it, otherwiſe it is in Barr, 2 H 6. fol. 10.
Action upon the caſe, of borrowing a Horſe to ride to York, and counts that he rode him further, he ought to count in what County York is, 21 Ed 4. fol 79 b
Debt, and counts that if the Defendant make voluntary waſt, he ſhould pay twenty ſhillings, and counts that he made waſt in ſale, and for that, that he doth not count how, it is not certaine, and not good, 9 H. 6. fol. 11.
Decies tantum, for imbracing, and counts that at D. he hath taken Money to imbrace, but for that, that he doth not count that he hath imbraced, nor how or where he imbraced, it is not good, 37 H. 6. f. 31
Deceit againſt an Attorney, for acknowledging ſatisfaction, and ought to count where he was not ſatisfied, for otherwiſe it is uncertaine, and ſhall not be implyed, and intended, 11 H. 6. f. 2. B.
Reſcous, and counts that he diſtrained for Rent, &c. and for that, that he doth not count, which were the daies of payment, it is not certaine, and is not good, 8 H. 4. fol. 1.
VVhere one Avowes for that, that he held of him, by the third part of the fee of Knights Service, and for that, that he doth not ſhew, by what manner of Knights Service, it is not good, 12 H. 8. f. 13.
Debt by Stradling, and counts of taking exceſſive fees in paying Penſions, where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that, that he doth not count, that they continued in the hands of Ed. 6. it is not good, for the Statute was made in the time of Ed. 6. that if any Receiver of the King took &c. he ſhould pay for every penny ſix ſhillings eight pence, and that might have two meanings, one with the Plaintiffe, the other againſt him, and for that it is not good, P.C. fol. 202.
Forging of Deeds, the Writ is, divers falſe Deeds, and counts of a Deed of Feoffment, and of a Writing and aſſurance of a Letter of Attorney, and for that the Count is not good, 35 H. 6. fol. 37. b.
Debt, The Plaintiffe counts upon a Leaſe made by him, and E. late his Wife, by Deed indent, and counts for the Rent behind, and though he do not count that his VVife was dead, yet it is good, for it cannot be by reaſon but ſhe is dead, 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4.
Account, the Plaintiffe counts that the Defendant was his Receiver ſuch a day, till the Feaſt of Saint Michael, and there are two Feaſts of Saint Michael, that is, Michael in Tumba, and Michael the Archangell, and though it be not at which Saint Michael, it is good, and ſhall be intended Michael the Archangell, which is more known, and the more obſerved Feaſt. 20 H. 6 fol. 23.
Treſpaſſe, and counts that the Defendant entered into a Warren at D. and drove away the Conies, and not ſay drove them away there, and yet it is good, and ſhall be intended there, 44 Ed. 3 fol. 12
Where he confeſses and avoids, he need not Traverſe.
DEtinue of finding a Box, ſealed with Writings, the defendant ſaith, that they were delivered in pawn to him for a hundred Shillings, and if he pay that he would redeliver him it, and it is good without Traverſe, for he confeſſes, and avoids the Plaintiffe, 21 Ed. 4. f. 19.
Detinue of a Cheſt enſealed with VVritings, The Defendant ſaith, that the VVritings which he had were in a Box enſealed, and the Plaintiffe lent him a hundred Shillings, and delivered this Box to him in Pawn, without that, that he detains a Cheſt, and it is good; and it is good with Traverſe, otherwiſe not, 22 Ed. 4. f 7.
Treſpaſſe of breaking his Houſe, and taking his Goods there, the Defendant ſaith, that his VVife was Executrix, and that they were the Goods of the Teſtator, and the Doore was open, and he entered, and took them, and this is good without Traverſe, for he hath confeſſed and avoided, 2 H. 6. f. 15 B
Treſpaſſe of his Goods taken, the Defendant ſaith, they were delivered to him by a Replegeare, and it is good without Traverſe; 7 H. 4. f. 15. & 44 E. 3. f. 20
Treſpaſſe of his Goods taken, the Defendant ſaith, they were delivered to him upon an Execution upon a Recovery, and this is good; 40 E. 3. f. 21. & 44 E. 3. f. 20
Treſpaſſe of Cloſe broken, the Defendant ſaith, that he had a way there by Preſcription to his Mannour, which he uſed, and ought there to traverſe without that he bro… down, for the other is not breaking down; 8 H. 5. f. 2
13 H. 8. f. 14 Quare impedit againſt J. Hecker, of an Advowſon appendant, the Defendant ſaith, that it is an Advowſon in groſſe, and that W. S. his Maſter preſented W. S. and that he died, and J. Hecker was choſen Maſter, and preſented J. Hecker, the Defendant, and for that he hath confeſſed and avoided the Plaintiff for gaining of Poſſeſſion, and for that he need not any Traverſe.
10 H. 7. f. 27 Quare impedit, and counts of an Advowſon in groſſe, the Defendant ſaith, that it is appendant to a Mannour which deſcended unto him, and he ought to traverſe.
5 H. 7. fol. 12 Treſpaſſe, Defendant ſaith that Nicholas his Grand-father was ſeiſed in Fee, and died ſeiſed, and that deſcended to his Father, and he entered, and by Proteſtation died ſeiſed, and that deſcended to him: Plaintiff ſaith, that J. S. gave to Nicholas in Tail, and that deſcended unto him as Son, and it is not good without traverſing the Dying ſeiſed in Fee of Nicholas, or confeſſe and avoid it.
Treſpaſſe, the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament, granted that to him, and is good; for that confeſſe and a voyds the Grant; 7 H. 7. f. 15
Quare impedit againſt a Prior, the Plaintiff counts that he was ſeiſed of an Advowſon in groſſe and preſented; the Defendant ſaith, that he was ſeiſed in right of his Monaſtery in groſſe and preſented J. and after his Predeceſſor granted the next Avoidance to the Plaintiff, and to the Preſentee A. and good, for he hath confeſſed and avoided; 26 H. 8. f. 5
Treſpaſſe, the Defendant conveyes the Land to her as Siſter B. the Plaintiff ſaith, that B. had Iſſue a Daughter, and that he as Guardian in Socage entered, and it is good without traverſe, for he hath confeſſed and avoided; 19 H. 8. f. 11 B.
Aſſiſe, the Tenant pleads that J. S. infeoffed him: the Plaintiff ſaith, that well and true it is, that J. S. infeoffed you, but it was upon condition, and that J. S. entered for the condition, and infeoffed the Plaintiff, and this is good, for he confeſſes and avoides the Defendant, 6 H. 7. f. 8
Forging of Deeds, and counts that the Defendant hath forged a Deed, by which J. Beak infeoffed W. T. the Defendant ſaith, that long time before the Plaintif had any thing, that J. Beak infeoffed W. and Alice his Wife which died, and the Defendant as Heir of W. read and proclaimed the Deed, and ought to traverſe forging; for where the Defendant juſtifies a thing, prohibited by the Law in a ſpeciall manner, he ought to traverſe, as in Maintenance; if he juſtifie, he ſhall ſay, he ſhall ſay without that, that he maintained in other manner; 32 H. 6. f. 1
Treſpaſſe of Aſſault and threatning, the Defendant ſaith, that the Plaintiff called him Traitor, and he ſaid, thou lyeſt in thy throat, it is no Plea, for he doth not confeſſe any threatning 37 H. 6. f. 3