Jurisdictions, Part 153
Conclude.
Order and form, how one ought to conclude in his Plea.
WHere to a Bar there ought to be a Reply, the Concluſion of his Plea ſhall be (and this he is ready to prove) &c. (and where but ready that ſo) there it is otherwiſe; 33 H. 6. f. 21 & 12 Ed. 4. f. 13 the ſame.
As in Dower, the Tenant pleaded (not ever ſeiſed that Dower, he ought to conclude, (and of this he puts himſelf upon the Country) for no Reply ſhall be, (but ready that ſo.)
Where the Defendant pleads to the Iſſue, the concluſion ſhall be (and of this he puts himſelf upon the Countrey) and where the Plaintiffe pleads to the Iſſue, he ſhall ſay, (and he deſires that this may be inquired by the Countrey, 26 H. 8. f. 4.
If one plead a Plea, which is not traverſable, as no wrong, or generall Iſſue, or Record as Outlawry, he need not in his concluſion averr his Plea, that is, (and this he is ready to prove, &c. 36. H. 6. fol. 17.
When the Defendant juſtifies, he ought to conclude, (and this he is ready to prove, &c.) and when he pleads the generall Iſſue, he need not, 6 H. 4. fol. 18. and the Book of Entries, fol. 152. the ſame.
Quare impedit, If the Defendant plead that it is incorporated by another name, Judgement if Action, this concluſion is not good, but he ought, to conclude Judgement of the Writ, 26 H. 8. fol. 1. …nd 4 H. 6. fol. 27.
Where the Defendant ſaith, that the Parties to the Fine have nothing, but one ſuch a one, whoſe eſtate he hath, he ought to conclude, (and this he deſires may be inquired by the Countrey) and the aforeſaid Plaintiffe likewiſe, it ſhall be entered, for here needs no Reply, but ready, that ſo as above, 12 Ed. 4. fol. 13.
Debt upon Obligation, the Defendant ſaith, that it was endorſed upon Condition to perform Covenants of an Indenture, and that part was read, and part not, and that he was a man unlearned, there he ought to conclude Judgement, if Action; the ſame Law is, where he ſaith it was made by conſtraint, or that he was under age, or that it was delivered as an Eſerow, 7 Ed. 4.3 B. he ought to ſay Judgement, if Action, 14 H. 8. fol. 30.
Debt upon obligation, to plead payment, and delivery of that in place of an Acquittance, he ought to conclude judgement if action, but if he avoid that, for that it is raced or interlined, there it ſhall be concluded not his deed, for where a Deed is void, he ought to conclude not his Deed, and where voidable, or matter in Law, judgment if action, 1 H. 7 f. 14.
Debt upon Obligation, to ſay he is a man unlearned, and this was read to him to be with Condition, and ſo this Obligation being ſingle, is not his Deed, 7 Ed. 4. fol. 5. 15 Ed. 4. fol. 17. 16 Ed. 4. f. 1. the ſame, 9 H. 5. f. 15. and 3 H. 6. fol. 52.
Debt upon a Leaſe, to plead payment in another County, or levyed by Diſtreſſe, without concluding, (and ſo he ows him nothing) is good, 9 Ed. 4. fol. 57.3 H. 7. fol. 3. and 33 H. 6. f. 4. the ſame; but levied by Diſtreſſe or payment in the ſame County, is not good without concluding, (and ſo he owes him nothing.)
Debt for Wages upon a Bargain, to plead payment in the ſame County, and conclude, and ſo he oweth him nothing, is good, 40 Ed. 3. fol. 24.
Debt upon a Leaſe by Indenture, for the defendant to plead payment in the ſame County, it is no Plea without concluding, and ſo he oweth him nothing to the point of the Writ, 1 H. 5. fol. 6.
Where he ought to conclude, and ſo not his Deed.
DEbt upon a ſingle Obligation, the Defendant ſaith, that he is a man unlearned, and this was read to him, with a Condition, and ſo not his deed, 1 H. 6. fol.
3 H. 6. fol. 38. Debt by a Husband and his Wife, of an Obligation made to them, the defendant being Executor, J.S. pleads Releaſe of the Husband made to him, and the Releaſe was of all actions, and demands, as Executor, and all actions perſonalls, and other demands, and the Plaintiffe ſaith, that he is a man not learned, and it was read for Actions, as Executor, and ſo not his deed, and good, See 3 H. 7. fol. 5. and 19 H. 8.
1 H. 7. fol. 14. If the defendant confeſſe, that once by his own Plea his deed, he cannot afterwards conclude, and ſo not his deed: As if an Infant makes a deed, or a man by conſtraint, if he plead theſe matters to avoid that, he cannot conclude (and ſo not his deed) but where an Obligation is void, he ought to conclude, and ſo not his deed: as where an Obligation is made by a married Wife, or a deed raced or interlined, 1 Ed. 3. fol. 5. the ſame.
Where he ought to conclude according to his matter pleaded.
LIttleton, f. 39 Six manner of men are, againſt which if they ſue Actions, Judgement may be demanded, if they ſhall be anſwered in the Concluſion of his Plea; and firſt, if he ſay, that the Plaintiff is his Villain, he ſhall ſay Judgement if he ſhall be anſwered; ſecond, is outlawed; third, is a ſtranger born; fourth, is one attaint in a Premunire; fifth, is profeſſed in Religion; ſixth, is excommunicated: the Defendant may plead theſe, and demand Judgement, if the Plaintiff ſhall be anſwered.
34 H. 6. fol. 9 If the Tenant plead Joint-tenancy, or other Plea in Abatement, he ought to conclude, Judgement of the Writ; and where one pleads in Barr, he ought there to conclude Judgement if Action.
49 Ed. 3. f. 24 Account of Receit in C. the Defendant ſaith, that C. is within the five Ports; Judgement if the Court will acknowledge it, and ſo alwayes to the Juriſdiction, that is Concluſion as Parſon ſue for Tithes, &c.
In divers Caſes they ought to conclude in the Negative, where ſo to the Affirmative pleads that his Plea is but as an Argument, and not full Anſwer, and alſo to make the matter in Law plain.
SCire facias againſt a Parſon of Ar…erages of an Annuity; the Defendant pleads, that before the Writ purchaſed he reſigned, and ſo not Parſon, and it is good, 7 Ed. 4. fol. 16
10 H. 7. f. 4 Said in Debt upon a Leaſe for the Rent behinde, if the Defendant pleads Payment in another County, this is good without concluding, (and ſo he owes him nothing, &c.) But if he plead Payment in the ſame County, it is no Plea without concluding, and ſo he owes him nothing; 9 Ed. 4. f. the laſt.
9 Ed. 4. fol. 15 Debt againſt Executor which pleads that J. S. recovered againſt them an hundred pounds, and had Execution, and they have nothing come to their hands beſides that: the Plaintiff ſaith, the Teſtator did owe nothing to J. S. and ſo the Recovery falſe and feigned.
21 Ed. 4. f. 71 Dower, the Tenant ſaith, that the Huſband was not ſeiſed, that ſhe could have Dower, &c. The Plaintif ſaith, that T. the Father of her Husband died ſeiſed, and that deſcended to her Husband which died before Entry, and ſo he died ſeiſed, and in Formedon of Lands recovered in value, he ought to conclude, and ſo gave.
19 H. 8. fol. 6 Right of Ward, and counts that the Anceſtor of the Infant died in his Homage; the Defendant ſaith, that he held of him in Socage, without that, that he died in his Homage: the Plaintiff ſaith, that J. S. and D. were ſeiſed to the uſe of the Anceſtor of the Infant, and ſo the Anceſtor died in his Homage.
12 H. 7. f. 7 Where the matter before the (So) is ſufficient Barr, there the (So) ſhall not be entered, as in Treſpaſſe or Aſſiſe, the Tenant juſtifies, and ſo not guilty.
32 H. 6. fol. 16 Where the matter before the (So) is matter of Barr, and ſufficient, there the matter after the (So) is not traverſable, and contrary if not ſufficient.
5 Ed. 4. fol. 5 Debt upon an Obligation for Bail, and is named Sheriff, the Defendant ought to plead that, and conclude, and ſo not his Deed, but not generally, it is not his Deed.
19 H. 8. fol. 7 Juris utrum, the Tenant ſaith, that his Father was ſeiſed, and died ſeiſed, and the aforeſaid Plaintiff abated, and he recovered, and ſo his Lay Fee, and not the frank Gift of the Plaintiff.
38 H. 8. fol. 26 Debt upon an Obligation, Defendant pleads divers matters, and concludes, and ſo not his Deed, and this Concluſion hath made this ſingle: 3 H. 6. f. 3