Jurisdictions, Part 159
Affirmative and Negative.
Iſsue ſhall be upon the Affirmative, and Negative, and it ſhall not be anſwered by Argument.
DEbt againſt the Adminiſtrators of J.S. Defendant ſaith that J. S. made him Executor, Judgement of the VVrit, he ſhall ſay without that, that he died inteſtate, duplicate page duplicate page for this is alledged by the Plaintiffe, 9 H. 6. fol. 7.
11 H. 4. fol. 88 Treſpaſſe of taking ſix beaſts, the Defendant iuſtifies the taking of them by agreement, the Plaintiffe ſaith, they were other ſix, and ought to traverſe without that, that he took thoſe ſix in the Negative.
11 H. 6. f. 1. VVrit upon the Statute of Labourers, and counts, that the Defendant was a Vagrant, and he required him to ſerve, and he refuſed, Defendant ſaith, that he was in the Service of J. S. and ſhall ſay without that, that he was a Vagrant.
1 H. 6. f. 15. Formedon in Reverter, and counts of a gift in Tail, the Defendant ſaith, that the Donor gave in Fee, and it is not good, but he ſhall ſay without that, that he gave in Tail.
10 H. 6. f. 7. Account for the Heire, againſt a VVoman Guardian in Socage, Defendant ſaith, that the father of the Inſant held of her in Knights Service, and died, and Defendant ſeiſed him, and he ought to ſay without that, that he held by Knights Service.
14 H. 8. fol. 4. The Avowant ſaith, that W. the tenth day of February, year twenty five granted, his Intereſt to him, and avowed doing damage, Plaintiffe ſaith, that W. the firſt day of Feb. year twenty five granted, his Intereſt to him, and he put in his beaſts without that, that he granted that to the Avowant, before he granted that to him, and good.
38 H. 6. f. 17. Action upon the Caſe, of that, that he hath Leet and Fines, and Amerciaments of the ſame, Defendant ſaith, true it is, that the Plaintiffe hath Leet, but that he the Defendant hath Fines, and Amerciaments, he ought to ſay without that, that the Plaintiffe, hath the F…nes and Amerciaments.
18 H. 6. f. 8. Debt upon an Obligation dated the twentieth of Aprill, and firſt delivered the ſecond of May, the Defendant pleads Releaſe the laſt day of April, and that the Obligation was delivered when it bore date, and for that, that he hath not traverſed in the Negative, that is to ſay, without that, that it was firſt delivered, the ſecond day of May, it is not good.
32 H. 6. f. 4. Debt, and Counts of a Leaſe of a Houſe, rendering twenty ſhillings; Defendant ſaith, that he let the Houſe and four Acres rendering twenty ſhillings, and ought to traverſe, otherwiſe it is but an Anſwer by Argument.
32 H. 8. f. 8. Debt againſt Executors, Defendant ſaith, that the Teſtator died inteſtate, that the Adminiſtration was granted to him, he ought to ſay, without that, that he is Executor, or adminiſtred as Executor.
1 H. 7. f. 13. Debt upon a ſimple Contract, Defendant ſaith, it was upon Condition, and ſhall ſay, without that, that he ſold in manner and form.
4 H. 7. f. 9. Partition, Defendant ſaith, that he was onelyonly ſeiſed, and ſhall ſay, without that, that he held as undivided; 6 H. 7. f. 5.
4 H. 6. fol. 4. Debt againſt J. S. of D. Defendant ſaith, that he is dwelling at S. and ſhall ſay, and not at D. 19 H. 6. f. 1. the ſame.
7 Ed. 4. f. 16. Scire facias againſt a Parſon for Arrerages of an Annuity, Defendant ſaith, that before the Writ purchaſed, he reſigned to the Biſhop of L. and ſo that remaines in his hands, Judgement of the Writ, and it is no Plea, for it is but an Anſwer by Argument; and for that he ſhall ſay, without that, that he was Parſon; day of the Writ purchaſed, or afterwards.
11 Ed. 4. fol. 4. Action upon the Statute of Rich. by J. Freeſtone, Defendant ſaith, that the Maſter of the Colledge of Maidſtone, and his fellow-brethren let, &c. Plaintiff ſaith, at the time of the making of the Leaſe, there were not any fellow-brethren of the ſaid Colledge, and this is but an Argument, and for that he ſhall ſay, without that, that the Maſter and his fellow-brethren let.
14 H. 8. f. 29. Iſſue ſhall be upon Affirmative and Negative.
9 H. 7. fol. 13. Treſpaſſe, Defendant juſtifies for Fealty not made; the Plaintiff ſaith, it was not unmade, and good in the Negative.