Jurisdictions, Part 161 – Part 162
Manner and Form.
Manner and Form, where it is materiall, and where not.
MAaintenance, The Defendant iuſtifies, for that, that he is his Neighbour, and informed him of a man learned in the Law, The Plaintiffe ſaith, that he gave money, the Defendant ſaith, that he did not maintain in manner and Form, and it is no Plea without anſwering to the ſpeciall matter, 13 Ed. 4.14.
Treſpaſſe, The Defendant ſaith, that the Plaintiffe is Villain regardant to the Mannour of D. the Plaintiffe ſaith he is free, and not Villain in Manner and Form, and Manner and Form is not material, but if he be a Villain, or not, 13 Ed. 4. f. 4.
Debt of the ſale of a Horſe for ſorry Shillings, (where the Bargain was for two Horſes) the Defendant pleads, that he oweth him nothing in Manner, and Form: the Jury ought to find for the Defendant, for that, that the Bargain was for two Horſes 40. s. and Manner and Form there is materiall, and parcell of their Charge, and ſo it is in every Caſe, where the Action varies from the Bargain, 21. Ed. 4. f. 22.
Debt upon ſale ſimply, the Defendant ſaith, that the Sale was upon condition, without that, that the Plaintiffe ſold that in Manner and Form, and is good, 1 H. 7. f. 13.
Treſpaſſe, the Defendant juſtifies, for that the Plaintiffe held of him by Homage, Fealty, Suit of Court, and ten Shillings four pence, the Plaintiffe ſaith, that he held by Fealty, and ten ſhillings, without that, that he held in Manner and Form, and found by Verdict that he held by ten Shillings four pence, and not by Homage, and the Plaintiffe had Judgement for that, that part is found againſt the Defendant, and Manner and Form is not materiall, 31 H. 6. f. 12. 9 H. 7. fol. 12.
Entrie in Caſupro viſo, and Counts of alienation in Fee, the Defendant ſaith, that he did not alien in Manner and Form, as the Plaintiffe hath counted, and found that he aliened in Tail, the Demandant ſhall recover for (Manner and Form) are but words of Form here, but whether he aliened or not, is the ſubſtance, Littleton, fol. 113.
Lord and Tenant, and the Tenant brings Treſpaſſe againſt his Lord, and Juſtifies for that, that he held of him by Fealty and Rent, and for the Rent behind, that he took his beaſts, and demands Judgement of the Wri…, (by force of Arms) againſt him, the Plaintiffe ſaith that he doth not hold of him in Manner and Form, and though it be found, that he holds by Fealty onelyonly, yet the Writ ſhall abate, for (Manner and Form) is not materiall, Littleton f. 113.
Treſpaſſe of Batterie; or of goods taken, the Defendant pleads not guilty (in Manner and Form) as the Plaintiffe ſuppoſeth, and is found guilty in another …own, or at another day, yet the Plaintiffe ſhall recover, Littleton fol. 114.
Action upon the Caſe, by a Husband alone, upon an Aſſ…t to him by Tatam, the Defendant ſaith, he did not allume in Manner and Form, and the Plaintiffe gives in evidence of an Aſſampſit made to his Wife, and his agreement afterwards, and it is good, and (Manner and Form) is not materiall, 27 H. 8. f. 29.
Ceſſavit, That the Defendant held divers Lands by intire Service, he may plead, that he held not in (Manner and Form) and give in evidence, that he held by ſeverall Service, and it is good, 10 H. 7. f. 24.
An Array of a Pannell, was challenged, for that it was made by the Sheriffe, Cozen to the Plaintiffe, and ſhews how he is Cozen, the other ſaith, he is not Cozen in (Manner and Form, as, &c.) and he is found Cozen, but this is found to be in another Manner, and yet good, for (Manner and Form) is not materiall, 19 H. 8. fol. 7.
Aſſiſe, the Tenant pleads a Feofment of J.S. by Deed, the Plaintif intitles him, without that, that J.S. enfeofed him in Manner and Form, and could not give in evidence a Feofment without Deed, and traverſe that with (Manner and Form) is good to avoid a Negative pregnant, and in Sine aſſenſu Cantuli, the Defendant ſhall not ſay, that he did not alien without the conſent of the Chapter, but that he did not alien in Manner and Form to avoid a pregnant Negative, 22 Ed. 4. f. 4.
Negative Pregnant.
Where a Negative pregnant may be, and where not.
WAſte, The Defendant ſaith, that he did not let to him for years, it is no Plea, for it is a pregnant Negative, but he ſhall ſay that he did not let at all, 43 Ed. 3. f. 13.
Action upon the Statute of Rich. he did not enter againſt the Form of the Statute, is good, though it be a pregnant Negative, for that, that it traverſeth the point of the Writ, 31 H. 6. f. 12.
Conſimili Caſu, Iſſue was, if he aliened in Fee, or not aliened in Fee, which is a pregnant Negative, and allowed, the reaſon is plain, 38 H. 6 f. 3.
Lord and Tenant, the Tenant pleads a Feoffement made before the Statute of (quia em tores terrarum) after the time of memorie, and the Lord ſaid, that he did not give after the time of memorie, and is good, notwithſtanding it be a pregnant Negative, 39 H. 6. f. 8.
Debt upon Obligation, the Condition to repair a Houſe, and ſaith, that A. diſturbed him by the Plaintiffes command, the Plaintiffe ſaith, that he did not diſturb him by his commandement, and it is a pregnant Negative, and double, and for that ſaith, that he did not command him, and took the other by Proteſtation, 9 H. 6. f. 44.
Debt upon Obligation, the Defendant ſaith, it is indorſed upon condition, to be at the arbitrement of B. ſo that it be delivered to the parties, before ſuch a day, the Defendant ſaith, that the Arbitrators made no ſuch Award, and delivered to the parties, and it is good notwithſtanding, that it be a pregnant Negative, for that it is Condition, and is the whole Condition: 10 Ed. 4. fol. 6.
Debt upon the ſtatute againſt a Vicar for taking Farmes, he had not, nor held not, againſt the forme of the ſtatute, is good, though it be a pregnant Negative, for that it is to the point of the ſtatute, 27 H. 8. f. 25.
Action upon the Caſe againſt a common Inholder of his Goods taken, where they were laid; the Defendant ſaith, that they were not taken in default of him, nor of his Servants, and it is not good, for it is a pregnant Negative; the ſame Law is, where the Defendant ſaith, that he delivered to the Plaintiff the Key of his Chamber, and he carried A. and B. with him, which carried out the Goods, the Plaintiff ſaith, that A. and B. which he brought in with him did not carry out his Goods, and it is not good, for it is a pregnant Negative; 22 H. 6. fol. 22.
Waſte of ten Oakes, the Defendant ſaith, that the Plaintriff gave them to J. S. and commanded the Defendant to cut them, and to give them to J. S. which he did … the Plaintiff ſaith, he did not cut them by his dommandement, and it is not good, for it is a pregnant. Negative; and for that he ſaith, that he did not command; 21 H. 6. fol. 49.
Action upon the Caſe of his Houſe burnt in doſa… of good keeping the Fine of the Defendant; the Defendant ſaith, that the Houſe was not burnt in default of his good keeping of his fire, in manner and forme, and it is a p…egnant Negative, and was pleaded in Arieſt of Judgement, for that, that in this are compriſed two Sentences, one that the Houſe was not burnt, the other that it was not in default of the Defendant; 28 H. 6. f. 8.