Jurisdictions, Part 166
What is the ſame.
Where in a Treſpaſs or Action of that nature, one juſtifie… Wrong, where he ought to conclude, that it is the ſame, and where not.
ACtion upon the Caſe for threatning his Tenants at will, by which they left the it holdings; the Defendant ſaith, that the Plaintiff diſſeiſed him, and that he ſhid to him, of he would not depart, he would ſue him a… the Law would, which is the ſame threatning, and it is good, 9. H. 7. f. 7. & 16 Ed. 4. f. 7.
28 H. 6. fol. 4. Defendant in Treſpaſſe juſtifies, for that, that he and his Anceſtors Tenant of ſuch a Houſe and Land, have had a way in the place where, &c. to the Market and Church of D. time out of minde, by which they uſed the way, which is the ſaid Proſpaſſe, &c.
21 H. 6. fol 5. Falſe Impriſonment, Defendant juſtifies; for that the Plaintiff was arreſted by a Juſtice of Peace his Warrant, and carried to him being Goaler, which is the ſame Impriſonment.
Falſe Impriſonment againſt an Abbot, which juſtifies that he gave counſel to J. S. being in fear of his life, to go to a juſtice of Peace for a Warrant of the Peace againſt the Plaintiff, and that by vertue of a Warrant of the Peace ſo had, the Plaintiff was arreſted, which is the ſame Impriſonment, and this he cannot ſay, for this is not Imp…ſonment by the Defendant, and for that the general Iſſue was entered: 12 H. 7. f. 14.
Falſe Impriſonment by a Woman, the Defendant ſaith, that ſhe is car…ied to Southwark by her conſent, which is the ſame Impriſonment, upon which the Plaintiff counts, and it is no Plea; for Impriſonment is againſt the will of one, and that is not ſo; 14 H. 6. f. 2.
Treſpaſſe of Aſſault, Battery, and wounding, the Defendant ſaith, that he laid his hands upon the Plaintiff peaceably, and arreſt the Plaintiff the ſame day and place by a Warrant, which is the ſame Aſſault, Battery, and wounding, and held it is no Plea for the reaſon aforeſaid; 21 H. 7. f. 49.
Treſpaſſe of a Cloſe broken ſuch a day, the Defendant juſtifies that the Plaintiff licenſed him the ſame day to enter, and need not ſay, that it is the ſame Treſpaſſe, for that it is the ſame day; but if he juſtifie at another day, …at another place, then he muſt ſay, that it is the ſame Treſpaſſe; 21 H. 7. f. 39. The ſame Law is of Goods carried out, if the Defendant juſtifie at the ſame day and place; and ſo in …p…ſſe of Battery, if the Defendant …ſtifie, for th… the … day and place the Plaintiff made Aſſault on him, … he had; was of his own Aſſault; he need not in theſe Caſes to ſay, it was the ſam… Treſpaſſe.
But in Treſpaſſe of Goods taken the firſt year, &c. the Defendant pleads all the Record, and ſaith, that one J. S. recovered, and that year the ninth, by vertue of a Precept to make Execution he took them, which is the faine taking, upon which the Plaintiff, &c. and this is not good, for it cannot be the ſame; 12 H. 6. f. 3. by Co…eſmore.
Falſe Impriſonment, the Defendant iuſtifies as Sherif, that he arreſted the Plaintif by a Capias, and it is good, if he ſhy that is the ſame Treſpaſſe, and otherwiſe it is not good…; 22 Ed. 4. Br. Falſe Impriſonment, 29.
Falſe Impriſonment, the Defendant ſaith, that he took the Plaintif from Jack Cade and other Rebells, and delivered him to the Mayor for his ſafeguard, which is the ſame Impriſonment, and that is good, for that was the Impriſonment, but iuſtifiable; 35 H. 6. f. 53.
Conſpiracy, the Defendant iuſtifies, for that, that he is Steward, and that in a Leet was preſented, that the Plaintif is a Felon, and that he ſhewed his Rolls to the Juſtices at the Seſſion, which commanded him to ſhew that to the Jurors, which inquired for the King, which he did, and ſaith, that that is the ſame; for by Englefield, when the Defendant pleads a Conſpiracy, which is iuſtifiable, he ought to ſhew that it is the ſame Conſpiracy; 27 H. 8. fol. 2.
Annuity is brought of ſix and twenty ſhillings and eight pence, the Defendant ſaith, that he held of the Plaintif by ſix and twenty and eight pence of Rent, which is the ſame Rent, and is not good, for it cannot be the ſame; 33 H. 6. f. 38.
Debt upon Obligation, the Defendant ſaith, it was made by threats, the Plaintif ſaith, that he let the Land to the Defendant, rendering Rent, and ſaith, if he would not ſeal the Obligation to him for the Rent behinde, he would ſue him at the Common Law, which is the ſame threatning, and it is no good Plea, for this is lawfull, and not a threatning; 16 Ed. 4. f. 7. Br. Tit. Dureſse 23.
Maintenance, the Defendant ſaith, that he carried the Money of him, which the Plaintif ſuppoſed he maintained, to his Counſel, which is the ſame Maintenance, and this is no plea, for this is no Maintenance, 34 H. …. fol. 19.