Jurisdictions, Part 77
Plaint in Aſſiſe.
PLaint of profits of an Office, though it hath no form it ſhall not abate, as firſt it ought to ſuppoſe diſſeiſin, and after ſhall make title, and though it were not ſo, it ſhall not abate, 12 H. 6. fol. 22.
Plaint of a Croft is good, but Precipe of a Croft is not good, Abridgment of Asſiſe, fol 130. b. and 8 Hen. 6. fol. 3.
Time of Ed. 6. Brook, tit. Falſe Latine and forme, 66. Wood was put before Paſture in a Plaint of Asſiſe, and exception thereof taken, yet good, though it were contrary to the Regiſter, by the Commentaries, fol. 169.
Plaint of a Croft, and was amended, 14 Aſs. 13. and 25 Ed. 3. tit. 25. the ſame, Brook, demand. 17.34.
Plaint of a peice of Land, containing in length twenty feet, and in breadth ten, and is good, 14 Aſs. 13. and 9 H. 4. fol. 3. the ſame.
Plaint by the Governour of an Hoſpitall; it ſhall be of a Houſe and not of an Hoſpitall, 8 Aſs. 29 and Aſſiſe 137.
Plaint of two parts of Salt Coot, is good, ninth Book Aſs. 12.
Plaint of a Garment, or thirty ſhillings, though it be uncertaine, for that it is according to the Deed, it is good, 11 Book of Aſs. 8.
Plaint in Aſſiſe of a Garden lyeth, but not a Precipe, 22 Ed. 3. tit. 22. 5 Ed. 2. Brook demand. 39. and Fitzh. breife 797.
Plaint was of a Mill and doth not ſay a water-Mill, nor VVinde-Mill, yet good, 21 Asſiſe 23.
Plaint of a Garment and the ſpecialty is of a Garment with furr, and the plaint good, for the Garment conteines all, 22 Aſſ. 10.
Where the Plaintiff may abridge in Aſſiſe, and in what other Actions he may abridge, and how.
IN a VVrit of ward, the VVrit is (of the cuſtody of the Land and Heire) and is not certain, and for that he may abridge as he may in aſſiſe and VVrit of Dower, 39 Ed. 3. Tit. Breif 10. and 32.
In treſpaſſe, the VVrit is (of Goods and Chattells) and hee counts of Corne, and ten pounds, and for that, that Money is not (Goods and Chattells) he abridged it, ſee, 8. Tit. abridgment 11. which ſaith, that he ought to expreſſe the Money in the VVrit, and for that he did not, he abridged, 39 Ed. 3. Tit. Breife 11.
In all caſes where the VVrit is (of a Free-hold) and uncertain he may abridge by June, as in asſiſe of Dower, and a VVrit of ward, 14 H. 6. fol. 4.
In ward for that the Demand is not certain, but of the (cuſtody of the Land and Heire) therefore the Plaintif counts of the Mannour of D. and twenty acres, and the Defendant ſaith that the twenty acres are parcell of the Mannor, the Plaintif may abridge the twenty acres, 39 E. 3: f. 10. Brooks abridgment 10.
Asſiſe of Land in great Dunmowe and little D. you cannot abridge all in one Town, 8. H. 6. fol. 56.
Asſiſe, and in Dower he may abridge, but he cannot abridge a whole Town, 14 H. 6. fol. 4.
Asſiſe where a plaint is of a Mannor, he cannot abridge, for that it is entire, 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2.
Asſiſe, plaint of Rent and Land, after that the Tenant hath pleaded in Barr, the Plaintif ſhall abridge in right of the Land, 14 Aſſ. 9.
Plaint abridge in attaint, Raſt. Aſſi. 17.35 H. 6. fol. 13.
Asſiſe of Common in forty acres, the Plaintif cannot abridge, for that that the Common is Intire, but at this day it is contrary by the Statute of, 31 H. 8. chap. 3.29. Aſſ. 10.
Plaintiff in every Aſſiſe at his pleaſure may abridge, and for that alſo by the Statute may abridge where the plaint is of a Mannor, 21 H. 8. chap. 3.
After Verdict he cannot abridge.
IT is ſaid, that after Verdict, the Plaintiff cannot abridge his Plaint, 28 Aſ. 38.
Dower demanded may abridge after view, Edw. 3. fol. 3.
Aſſiſe, they were adjourned upon Title.
ASſiſe, they were adjourned upon Title, and for that, that they cannot agree at the day of the Adjournment, after the argument, Plaintiff abridge and might, 10 H. 6. fol. 22.
After the Jury in Aſſiſe were together in the houſe before their Verdict came, the Plaintiff, and abridged, and was ſuffered, 33 H. 7. Tit. 6. B.