Jurisdictions, Part 155 – Part 156
Intendments.
Pleas good by Intendment, and how.
INformation for Liveries, it is ſhewed that Cloth was given at D. but not how it was uſed, and it ſhall be intended there, and good: and Treſpaſſe, he broke his Cloſe at D. and made an Entry, and ſhall be intended to be there: 5 H. 7. f. 18
Appeal of Rape, (is Rapuit) and though it be not, felloniouſſy rapuit, it ſhall be intended: 1 H. 6. f. 1
Waſte againſt Beatrix, which was the Wife of the Earle of Arundell, though that ſhe were not named Counteſſe, it is good, and ſhall be intended Counteſſe: 2 H. 6. f. 11
Debt and Counts upon Indenture, that the eldeſt Son ought to marry K. and if he died before carnal knowledge, then that the youngeſt ſhould marry her, if the Eccleſiaſtical Law would permit it, and Counts that he purchaſed a Diſpenſation, and required him to marry her, and he refuſed, and though he do not ſhew if the Requeſt to marry K. was before noon or not, nor if K. were alive at the time of the Requeſt, it is good, and ſhall be intended: 12 H. 8. f. 6
Treſpaſſe, one iuſtifies as Servant of J. S. and though he do not ſay, and by his commandement, it is good, and ſhall be intended: 13 H. 7. f. 13
If one plead a Deed dated at D. it ſhall be intended delivered there: 1 H. 6. f. 3
Waſte by the Prioreſſe of the Houſe and Church of C. the Writ was to the diſ-inheriting of the Prioreſſe of the Houſe and Church of C. (leaving out praedict.) but it ſhall be intended: 10 H. 7. f. 5
Annuity is Grant, provided that he be of honeſt converſation, and the Grantee pleads in Action, that he was of honeſt converſation, and that he doth not ſay alwayes after the Grant, it ſhall be intended to be of honeſt converſation, for every one ſhall be intended to be of honeſt converſation, till the contrary be ſhewed: 22 Ed. 4. fol. 28
Divers pleadings ſhall be good by intendment, as in action againſt the Sherif for imbezzilling a Writ, and doth not ſay that he was Sherif at the time of the imbezzilling, but it ſhall be intended, 22 Ed. 4. b. Tit. Pleading, 109.
If one plead that one John Pur…bote, Maſter of the Colledge, and his fellow brethren were ſeiſed in Fee, that ſhall be intended in Right of their Colledge, for it hath but one intendment, Plowd. Com. fol. 102. Fulmerſtone.
Entrie upon the Statute of Rich. the Defendant ſaith, that the third part was to J.S. and that he entred by his commandement, and doth not ſay, whether the third part were ſevered or not, but it ſhall be intended ſevered, and good, 37 H. 6.38. and 38 H. 6. fol. 8. the ſame.
Treſpaſſe of two Coffers taken in D. the Defendant ſaith, that the property was to J.S. and gave them at D. to him, and though he do not ſhew how the property was to him, it is good, and ſhall be intended when the gift was made, 1 Ed. 5. fol. 3.
Scire ſacias, by Sir T. Chaworth, Cozen and Heire of one Hawes, of a gift by Hawes in Tail, and the remainder in Tail, and counts that the Donee, and he in remainder are dead, without heire of their bodies, and that to him ought to revert as Cozen and Heire of Hawes, and though he do not ſay, that Hawes is dead, it ſhall be intended, for otherwiſe it cannot revert to him, as Couzen, &c. 33 H. 6. fol. 54.
Where one avoweth, and ſaith he was ſeiſed by the hands of one J.S. his Tenant, and though he do not ſay, then his Tenant, it ſhall be intended, 34 H. 6. fol. 8.
14 H. 8. fol. 12. Waſt againſt P. which he held for Term of years, and Counts, that in the tenth year of H. 7. the Plaintiffe let to P. for Term of one year, and from and ſo from year to year, ſo long as both parties were pleaſed, (by vertue of which) he was poſſeſſed and occupied by 24 years, and now it is thirty years, from the 10. of H. 7. and where the Count is (by vertue of which) he occupied by 24 years, by implication it ſhall be intended, and no more, and it ſhall be (which he held) and not which he doth hold.
Plowd. Com. fol. 409. Where H.C. deviſed, &c. that none of his Sons ſhould alien, and it is pleaded that H.C. hath Iſſue J. and F. that ſhal not be intended that he hath more, till the contrary be ſhewed of the other party.
12 H. 8. fol. 3. Treſpaſſe, why he beat his Servant, and took away a dog called a Blood Hound, and though he do not count that he might ſpend forty Shillings, it ſhall be intended, that he might, till the contrary be ſhewed.
9 H. 6. fol. 10. Debt, and Counts of a Leaſe, by the Plaintiffe, and E. late his Wife, and though he do not count that ſhe is dead, it ſhall be intended.
20 H. 6. fol. 24. Account, and Counts, that the Defendant was his Receiver, at ſuch a day, untill the Feaſt of Saint Michael, and it is not Michael the Archangell, nor Michvel in Tumba, and it ſhall be intended Michael the Archangell, and good.
8 H. 5. f. 4. Quare impedit, by the Husband and his Wife, and counts that they were ſeiſed of a Mannour, in Right of his VVife, to which an Advowſon was appendant, and though he doth not ſhew what Eſtate, it ſhall be intended the beſt Eſtate, Fee Simple.
36 H. 7. fol. 3. Treſpaſſe and Counts of aſſault at D. and gave ſo many threatnings, that about his buſineſſe, &c. and doth not ſhew where, and ſhall be intended at D. and good.
Plea good by Intendment till contrary be ſhewed.
PLowd. Com. fol. 74. Aſſiſe. Wimbiſhe, Venire facias, directed to the Coroners, which ſurmiſe in the end, that the Sheriffe is Cozen, and the Aſſiſe to the Coroners is alſo (except Curſon his Cozen) and it is good, and ſhall be intended Cozen of the whole blood, till the contrary be ſhewed by the Defendant.
19 H. 8. f. 11. Treſpaſs, Defendant ſaith that B. was ſeiſed in Fee, and died ſeiſed, and that deſcended to him as Cozen and next Heire, that is, Sonne of N. Siſter of B. Plaintiffe ſaith, that B. had Iſſue a Daughter, and that he as Guardian in Socage of his Daughter, took her, and good, and though it might be that the Daughter were of the half blood, it ſhall not be intended, till it be ſhewed of the other part.
Plowd. Com. f. 103. Fulmer…one, Treſpaſſe, Defendant ſaith, that in the thirtieth yeare of H: 8. that W. Maſter of Ruſhworth, and his fellow brethren, let to him an an hundred Acres, parcell of the Mannor of E. for fifty yeares: Plaintiff ſaith, That before that is in the yeare, &c. J. P. Maſter, and his fellow brethren, let to the Defendant the Mannor of E. except a Tenement late Largentine, for ſixty yeares, and that by the Statute of 31 H. 8. for that, that the firſt Leaſe was in being, the ſecond was voyd, and though that by Replication he doth not ſhew that J. P. the Maſter was ſeiſed in right of the Colledge, it ſhall be intended till contrary be ſhewed.
Plowdens Commentaries, fol. 26. Colthirſt, Barr is good to common intent, though it be not good to every ſpeciall intent, yet where parcell of the ſubſtance is left out, it is not good: It is good to common intent, where ſuch intent is not indifferent; but is ſuch intent which hath more ſtronger preſumption, then any other intent hath.
3 Edw. 2. tit. Eſcheat 8. And counts that his Tenant committed Felony, by which hee was attaint, and the Count was challenged, for that, that he doth not ſay, for what Felony, and yet good; for it is not materiall for what Felony it was.
Generall Iſſue.
TReſpaſſe upon the Statute of Richard, the Defendant pleads his free-hold, and it is not generall Iſſue in this, but it is good in Treſpaſſe, Raviſhment, not guilty is the generall Iſſue, and in maintenance, not culpable, 2 Ed. 4. fol. 6.
Action upon the Statute of Liveries, ſayd that not guilty is no plea, but that he gave not the Liveries, is good; and in Maintenance ſaith, that not guilty is no Plea, but that he did not maintaine; yet inquire, 8 H. 6. f. 36. b.
Debt upon a matter of Record, he oweth him nothing, is no Plea, but in Maintenance not guilty, or he did not maintaine, is good, and in forging of Deeds not guilty is good, 12 H. 7. fol. 14.
Debt for Scavage, held where the action is grounded upon a Statute, and upon a matter in Deed, he owes him nothing, is a good Plea, 21 H. 7.14.
Forcible entry, not guilty is good, 14 H. 6. fol. 16. Eitzh. 249. D.
Treſpaſſe of Goods taken, the Defendant ſaith, that the property of theſe was to J. S. which gave them to him, without that, that he tooke Goods of the Plaintiffe, and this amounts to not guilty, and by the Court adjudged that nothing ſhall be entred, but not guilty, and ſhall give that matter in evidence, 9 H. 6. fol. 11.
Aſſiſe, the Tenant cannot plead Feoffment of the Plaintiff made to him, for that amounts to a general Iſſue, and the general Iſſue no wrong ſhall be entered: 2 H. 4. f. 20 & 43 Book of Aſſ. 41
Praemunire, of that, that the Defendant drawes him out of the Realm in Plea, whereof Conuſance to the King belongs, the Defendant ſaith, that he was Executor to J. S. and ſued in Court of Audience to prove the Will, and for that he could not have Right there, he appealed to Rome, and nothing ſhall be entered but the general Iſſue: 2 R. 3. f. 18
Treſpaſſe of Goods, for the Defendant to ſay, that the place is his Free-hold, and he took them doing Damage, it is no Plea, but he ought to tell the certainty of the Land, but of Treſpaſſe in Land his Free-hold is good: 5 H. 7. f. 28 B.
See Brook Title General Iſſue.