11. In Trespass the Buttals must be proved as they are laid If the Defendant plead payment to a Bond Payment by presumption or Bill and it appears the Debt is very old and it hath not been demanded nor any use paid for it many years common presumption is good evidence that the money is paid and the Juries use to find for the Defendants in such cases If the Trespass were in truth done the 4th Trespass another day of May and the Plaintiff alledgeth the same to be done the 5th of May or the first of May when no Trespass was done yet if upon evidence it falleth out that the Trespass was done before the Action brought it sufficeth 1 Inst 283. 'T is dangerous to permit evidence to a Deed. Jury by Witnesses that there was such a Deed which they have seen or read or prove the Deed by a Copy because the Deed may be upon Condition Limitation or power of Revocation and if this should be permitted the whole Reason of the Common Law in shewing Deeds to the Court would be subverted for the Deed might be imperfect and void which the Witnesses could not perceive yet in cases of extremity as where the Deed was burned or lost by some other notorious accident the Judges may at their discretion allow them to be proved by Witnesses li. 10. 92. and so of a Record In Case against an Executor whereas Executor the Testator was indebted to the Plaintiff thâ— Executor promised to pay the debt in consideration the Plaintiff would forbear to sue him the Executor may give in evidence upon Non assumpsit that there was no Debt or that he had no Assets tempore promissionis for then there would be no Consideration li. 9. 94. William Banes Case upon the issue neunques Executor to prove an Administration granted to him is good evidence Dyer 305. Evidence shall never be pleaded but the Evidence matter of fact shall be pleaded and if it be denied the evidence shall be given to the Jury not to the Court lib. 9. 9. Evidence that the Wife of every Copy-holder shall have the Land durante viduitate will not maintain the issue that the Custom of a Mannor is that she shall have the Land during her life after Estate for life her Husbands death because though durante viduitate imports an Estate for life yet an Estate durante vita is more large and beneficial li. 4. 30. Things done before the memory of man What may be given in Evidence in another County or in another Kingdom may be given in Evidence to a Jury as Assets in another County c. More 47. See li. 4. 22. 9. 27. 28. 34. li. 6. 46 47. Vpon issue payment at the day payment Payment before or after the day is no Evidence More 47. but upon Nil debet it is good Evidence because it proves the issue Vpon issue Assets or no Assets or seised or not seised if one give a Feoffment c. in Evidence Covin may be given in Evidence Covin by the other but not if the issue be infeoffed or not infeoffed for it is a Feoffment tiel quel though made by Covin li. 5. 60. Hob. 72. The Book of Doomesday brought in Doomesday-book Court is good Evidence to prove the Land to be ancient Demesne Hob. 188. In Attaint the Plaintiff shall not Attaint give more evidence nor examine more Witnesses than was before but the Defendant may Dyer 212. Copies of the Court-Rolls are the only Court-Rolls for Copy-holders evidence for Copy-holders for as Littleton Sect. 75. tells you they are called Tenants by Copy of Court-Roll because they have no other Evidence concerning their Tenements but only the Copies of Court-Rolls But Cook explains the Text and says This is to be understood of Evidences of Alienation for a Release of a Right by Deed. A Copy-holder that cometh in by way of admittance may have and that is sufficient to extingish the Right of the Copy-holder which he that maketh the Release had In Actions upon the Case Trespass Battery or false imprisonment against any Iustice of Peace Mayor or Bayliff of City or Town Corporate Headborough Portreve Special Evidence upon the general issue by whom Constable Tythingman Collector of Subsidy or Fifteen in any of his Majesties Courts at Westminst or elsewhere concerning any thing done by any of them by reason of any of their Offices aforesaid and all other in their ayd or assistance or by their Commandment c. They may plead the general issue and give the special matter of their excuse or Iustification in Evidence 7 Jac. cap. 5. General acts of Parliament may be given Statutes in Evidence and need not be pleaded and so may general Pardons given by Parliament if they be without Exceptions But commonly advantage of the Act is given by the Act it self to the offnder without pleading it as by the late most truly Pardons so called general act of Indempnity every person thereby pardoned may plead the general issue and give the act in evidence for his discharge which are general and which particular Statutes see lib. 4. 76. Vpon not guilty in Trover the Defendant Trover may give in Evidence that the goods were pawned to him for 10 l. That he distrained them for Rent or damage feasant That as Sheriff he levied them upon Execution or that he took them as Tythes severed Cro. 1. part 157. 3 part 435. Hob. 187. A demand and denial of the goods is evidence of a conversion If there be two Batteries between Plaintiff and Defendant at divers times the If there be two Trespasses and the Defendant peads a Justification if the Plaintiff replies de injuria sua propria c. he cannot give in Evidence a Trespass at another time But he should have replyed that at another time in the same day of his Count the Defendant did the other Trespass c. to which the Defendant may plead another Justification but the Plaintiff cannot then plead a Trespass at another time but must conclude Sans tiel cause c. vide Apres Plaintiff is bound to prove the Battery made the same day in the Declaration and shall not be admitted to give another day in evidence as the case may be As in Battery the Defendant pleaded Son assault Demesne and the Plaintiff replyed de injuria sua propria absque tali sua and in evidence the Defendant maintained that the Plaintiff beat him the day mentioned in the Declaration and in the same place which the Plaintiff perceiving he gave in evidence that the battery was made another day and place to which the Defendant demurred upon the difference aforesaid Brownlow 1 part 233. 19 H. 6. 47. But upon not guilty it is otherwise though there be never so many Batteries between the parties Littleton Sect. 485. Prohibition for suing for Tythes in Booking Park in Essex and surmised that
conclusion of a Verdict shall aid the Imperfections of it 400. For whom the Verdict shall be said to be found 401 402 403 404. 407 408. 501. Variance betwixt the Verdict and the Nar. 501 502 503. Verdict by defauit 504. Venire fac of this Cap. 3. per tot and Cap. 4. per tot To whom to be directed 38 c. what faults in it shall vitiat the Tryal 50 60 c. 129. De novo 54 55 56 57. By Proviso 62 63 64. Visne Cap. 8. per tot from what places ibid. The Venue shall follow the Issue 101. 113. 115. 120. 109. 121. De Corpore Com. 101 102. 124. from two Counties 116 117. 107. where the Writ is brought 117. 105. from the next adjoyning County 120. 127 128. where of Matters done beyond Sea 105. where the Land lyes 107. 122. 125 126. 128. from two places in one County 123. out of a wrong place by consent 129. Suburbs of a City 129. View 271. Use 223. Usury 243. W. WItnesses Tryals by them 16. 31. Who may be Witnesses who not 183. 185 186. 188. 243 2424. 247 48. One Witness sufficient 215. 233. Their Priviledges 186. Detained 187. Witnesses joyned with the Jury 233. A Witness is to have his Charges 246. Witnesses against the King 247. Wills 18. 215 216. Wager of Law 23. Wales 127. Warranty 367. 179. Way 219. Warren 220. FINIS Books Printed for and Sold by George Dawes at his Shop over against Lincolns-Inn Gate in Chancery-Lane THE History of the World in Five Books I. Intreating of the Beginning and first Ages of the same from the Creation unto Abraham II. Of the Times from the Birth of Abraham to the Destruction of the Temple of Solomon III. From the Destruction of Jerusalem to the Time of Philip of Macedon IV. From the Reign of Philip of Macedon to the Establishing of that Kingdom in the Race of Antigonus V. From the setled Rule of Alexander's Successors in the East until the Romans prevailing over all made Conquest of Asia and Macedon Written by Sir Walter Raleigh Knight with his Life and Tryal added to it in Folio Brief Animadversions on Amendments of and Additional Explanatory Records to the Fourth Part of the Institutes of the Laws of England concerning the Jurisdiction of Courts By William Pryn Esq in Folio A Book of Judgments in real personal and mixt Actions and upon the Statutes all or most of them upon Writs of Error collected out of the choice Manuscripts of Mr. Brownloe and Mr. Moyle sometimes Protonotaries of the Common Pleas as also of Mr. Smither formerly Secondary of the same Court. Perused transcribed corrected and tabled with Addition of Notes by George Townsend Esq second Protonotary of the Common Pleas Very useful and necessary for all Protonotaries Secondaries Students Clerks of Judgments Attorneys and all Practicers of Laws in Quarto Modus Intrandi Placita Generalia The Entring Clerks Introduction being a Collection of such Precedents of Declarations and other Pleadings which Process as well Mesne as Judicial as are generally used in every days practice with Notes and Observations thereupon Composed for the benefit of the Students of the Common Law of England as also of the Attorneys Entring Clerks and Sollicitors of the Courts of Common-Pleas and King's Bench acquainting them with Rudiments of Clerkship and such general Pleadings and Processes as are used at this day in the Courts of Records at Westminster By William Brown Gent. Author of Formulae bene Placitandi in large Octavo De Jure Maritimo Navali or a Treatise of Affairs and of Commerce in Three Books The Third Edition Corrected and inlarged with many useful Additions through the whole Book by Charles Molly Esq in large Octavo Jus Imaginis apud Anglos Or the Law of England relating to Nobrlity and Gentry faithfully collected and methodically digested for common benefit By John Brydal of Lincolns-Inn Esq in large Octavo Jura Coronae His Majestie 's Royal Rights and Prerogatives asserted against Papal Usurpations and all other Anti-Monarchical Attempts and Practices Collected out of the Body of the Municipal Laws of England in large Octavo Parsons Law or a View of Advowsons wherein is contained the Right of Patrons Ordinaries and Incumbents to Advowsons of Churches Collected by William Hughes of Greys-Inn Esq The third Edition reviewed and much enlarged by the Author in his life-time in large Octavo Mounsieur Scarron's Letters to Persons of greatest Eminency and Quality Rendred English by John Daves of Kidwelly in large Octavo Of the Office of the Clerk of the Market of Weights and Measures and of the Laws of Provision for Man and Beast for Bread Wine Beer Meal c. By William Shepard Esq in Octavo Hughes Quaeries or choice Cases for Moots containing several Points of Law not resolved in the Books being very useful for the Students of the Common Law Collected by William Hughes Esq late of the Honourable Society of Grayes-Inn in Twelves Decus Tutamen Or a Prospect of the Laws of England purposely framed for the Safeguard of the King's Majesty his Sacred Person Crown and Dignity against all traiterous Speeches Designs and Conspiracies To which are added peculiar Notes upon the Judgment in High Treason fit for all His Majestie 's Subjects and Leige-People to be acquainted withal By John Brydal of the Honourable Society of Lincolns-Inn Esq in Twelves There may be had several sorts of Blank Bonds very Vseful and Necessary for Attorneys and all other Persons relating to the Law SIngle Bonds for Payment of Money Double Bonds for Payment of Money Bonds for Performance of Covenants either Single or Double Single or Double Bonds for Arbitration with an Umpire Single or Double Bonds for Arbitration without an Umpire Single or Double Bonds to save Sureties harmless General Releases Letters of Attorney to Receive Money Warrants of Attorney to Confess Judgments Bail Bonds Single Bonds without Conditions Double Bonds without Conditions Sheriffs Warrants upon mean Process for any County or City Blank Warrants for a Justice of Peace Licenses for Ale-house Keepers Indentures Ruled and Text. And the best Ink for Records
shall not be tryed by Certificat but per pais Rolls tit Tryal 583. Concerning Certificates of Spiritual persons vide Rolls ibidem 591 592. 7. A Record shall be tryed by the Record it Records self and not per pais But matter of fact concerning a Record is tryable by a Jury as whether a plaint c. was levied according to the Custom non prosecutus est ullum breve is tryable by the Country Mixt with fact Hob. 244. Hutt 20. So if a Statute hath two Seals or but one 1 Leon. 229. 2 Cro. 375. 1 Inst 125. b. so in a per quae servitia if the Tenant say he held not of the Conusor Jour del note levie shall be tryed per pais In Escape upon a Cepi returned ne unques in son gard shall be tryed per Record but upon Rolls tit Tryal 574. a Capias not returned the prisal shall be tryed per pais So shall an action brought by Covin for the Covin is not of Record In a scire facias per Roy to have execution of a Iudgment in a Quare impedit if the Def. say that after the Recovery the King presented issint Judgement execute and the issue be whether the King presented per cause del Judgement or of an avoydance after the death of J. S. who was presented by a stranger after the avoidance upon which the King had Iudgment This shall be tryed per pais And Why there needs no visne where Letters Patents were made otherwise in pleading Deeds 4 Rep. 71. for this Reason in pleading of Letters Patents the place need not be alledged where the Letters Patents were made because the Dâ—fendant cannot plead nul tiel Record but must plead non concessit and then the Jury shall come from the place where the Lands lie Vide li. 6. fo 15. 1 Inst 117. 260. Plo. Com 231. But upon a Non est factum pleaded to a Deed there must be a place alledged where the Deed was made because though the Deed as to the matter of Law be tryable by the Court yet the sealing and delivery thereof Deeâ— and other matter of fact must be tryed by the Jury so that in this case of a Deed there is a Tryal per Pais and by the Court. 1 Inst fol. 35. vide apres 18. The issue upon an Indictment or acquittal What issues shall be tryed per Record upon this shall be tryed by the Record So shall the allowance of a Protection in Bank The imprisonment upon the execution and not for other cause in escape The justification of an imprisonment because he is a Iustice of Peace A Statute-Merchant Count or not Count Baron of the Parliament or Vicount or not Whether a place be within the Ligeance of the King of England or in Scotland A Fine sur release Rendring his body in discharge of his Baile shall be tryed by the Record Rolls tit Tryal 574. But in escape against the Mayor of Astaple What per Pais for suffering J. S. in execution upon a Statute Staple to go at large if the Defendant say he was not in Prison upon the execution but upon a Plaint there this shall be tryed per pais and not per Record because 't would be unreasonable that the Defendant should certifie a Record where he himself was concerned ibid. The time of inrolliing Letters Patents shall be tryed per pais Co. Lib. 4. 71. 9 H. 7. 2. Disseisin of an Office in any Court or Office Raseing a Record rasing a Record in any Court by the Filizers and Attorneys of the Court. 8. A Peer of the Realm i. e. a Lord of Peers the Parliament shall upon an Indictment of Treason or Felony misprision of Treason and misprision of Felony be tryed by his Peers without Oath 1 H. 4. 2. But in an Appeal at the Suit of the Party he shall be tryed per probos legales homines Juratores 10 E. 4. 6. c. because that is not the Kings Suit but the Parties Vide li. 9. 31. Le case del Abbot de Strata Mercella And in a Praemunire his Tryal shall be per pais 12 Bep 93. Lamb. Inâ—t 520. 3. Inst 30. Bolstr 1. part 198. Dutchesses Countesses or Baronesses although married shall be tryed as Peers of the Realm are but so shall not Bishops and Abbots Stam. 153. 20 H. 6. 9. 2. Inst 48 49 50. 156. b. 294. 9. The Customs and usages of every Court shall be tryed by the Judges of the Customs of Courts c. tryed by the Judges same Court if they are pleaded in the same Court ib. and many other things are tryed by the Judges as the reasonableness of a fine of an offender or upon surrender of a Copy-hold Estate and so it is of Customes services and also of the time that a Tenant at will shall have to carry away his Goods And these Cases come under the Rule which makes matter of Law to be tryed by the Judges Vide 1 Inst fol. 56. And in some Cases matter of fact shall be tryed by the Judges as if the Plaintiff appear by Attorney in Court and then the Defendant pleads that the Plaintiff is dead If one appears and saith that he is the Plaintiff whether he is or not shall be tryed by Inspection the Judges li. 9. 30. So the non-age of an Infant generally by inspection of the Court But in many Cases Infancy shall be tryed per Pais as if an Infant appear by Attorney v. Bulst 1 part 131. Rolls tit Tryals 573. in Error this shall be tryed per Pais li. 9. 31. and so it is in an Aetate probanda Maihim in an Appeal of Maihim the Maihim Court may adjudge this upon the view at the prayer of the Defendant and this Tryal is peremptory to the Parties by a Jury of Chirurgeons Vide Rolls tit Tryal 578. Maihim may be tryed again by the Court by inspection for increase of Damages but then these things are to be considered First it must be a Maihim and not a bare wounding Secondly The Maihim must be ascertained in the declaration so as that it Maihim may appear that the Maihim inspected and the Maihim in the declaration be all one as was resolved Mich. 21 Car. 2. B. R. in the Case of Badwel and Burford the principal Case of which was that the Defendant whip'd the Plaintiffs Horse which made him throw her and another Horse trod on her and maim'd her hand and adjudged no increase of Damages in that Case being a Consequential and not a direct Maihim Nonage in a Writ of Error to reverse a Inspection Iudgement or a fine of the Tenant by resceit of one vouched come deins age issint praie le paroll à demurrer Nonage sur aid praier in Appeal Audita querela to avoid a Statute Accompt and in all actions where 't is prayed that the paroll demurroit Nonage shall be tryed per
whether a Statute shewed Statute before be the true Statute or not shall be by the examination of the Mayor and Clerk of the Statutes which took the Statute and not per pais ib. Whether a Statute hath two Seals or not shall be tryed per pais Leon. part 228 229. 27. In Assise the Tenant said that the Escheator Lands were taken into the Kings hands this shall be tryed by the Examination of the Escheator 28. If one in avoidance of an Out ' awry Certificate alledge that he was in Prison at Burdeaux ultra mare in servitio Majoris de Burdeaux this shall be tryed by the Mayor's Certificate and in such like Cases other Tryals shall be by the Certificate of the Marshal of the Messenger Host and by the Captain of Calice and also by Messenger of a thing done beyond Sea Ib. 29. At the Petit Cape the Tenant said Petit Cape that he was imprisoned 3. days before the default and 3. days after this shall be tryed by the Examination of the Attorney Nient Attach per 15. Jours in Assize shall Bayley not be tryed per pais but by examination of the Bayley ib. 30. It seems an Almanack is so infallible Almanack that it hath countervailed the Verdict of a Jury For in Error of a Iudgment given in Lynne the Error assigned was that the Iudgment was given at a Court held there on the 16th day of February 26 Eliz. and that this day was Sunday and it was so found by Examination of the Almanacks of that year upon which it was ruled that this Examination was a sufficient Tryal and that a Tryal per pais was not necessary although it were an Error in Fact and so the Iudgment was reversed Cro. 3. part so 227. 1 Leon. 242. the same Case and there it was said it was twice so ruled before 31. In ancient times there was a tryal in Criminal Causes called Ordalium for Orde al. upon Not Guilty pleaded the Defendant might put himself upon God and the Country as is the use at this day or else upon God only and then if he was a Fréeman he was to be tryed per ignem that is he was to pass over Novem vemeres ignitos nudis pedibus and if he was not hurt by this then he was to be acquitted otherwise condemned and this was called Judicium Dei But if he was a slave then his tryal was to be per aquam and that divers ways which all appear in Lambard verbo Ordalium From which kind of tryal I presume we still retain this expression of an innocent person That he need not fear fire or water this manner of tryal was first prohibited by the Canons then by Parliament The tryal by Battel is likewise prohibited by Battel the Canons but not by Parliament as you may read in the ninth Report fo 32. and in the authorities there cited which I therefore omit to recite here though I have the Books by me and so in this whole Treatise where I refer you to a Book I shall not set down the authorities cited in that Book which will avoid prolixity 32. When the matter alledged extendeth Which Tryal shall be first to a place at the Common Law and a place within a Franchise it shall be tryed at the Common Law 1 Inst 125. 4. Inst 221. In what Cases a Tryal in one issue shall Tryal in one issue binds in another bind the same party in another issue upon the same matter In Debt against two per several Precipes if one plead a release and they are at issue upon the Deed and the other plead the same issue if it be found the Deed of the Plaintiff in the former issue this shall bind him in the second issue 12 H. 4. 8. In trespass if the Defendant Plead villenage in the Plaintiff if this be found against the Defendant this shall bind him in the same issue in another action in the same Court betwixt the same parties 44. Ass 5. If a man be found guilty of a Conspiracy upon an Indictment at the Kings suit this shall not bind in a Writ of conspiracy at the suit of the Party but he may plead not guilty 27. Ass 13. If a man upon an Indictment of extortion confess it and put himself in the Kings grace and makes fine c. this shall bind him and he shall not plead not guilty to the suit of the party for a confession is stronger than a Verdict 27. Ass 57. per Sharde vide Rolls tit Tryal 625. He which is not party to the issue nor In what Cases tryal against one shall be against others can have attaint or challenge the Inquest shall not be bound by the Tryal 11. H. 4. 30. And therefore in Trespass against two and one pleads a Release and the other justifies as his Servant If the issue be found against the Master it shall not conclude the Servant 11 H. 4. 30. Rolls ib. 625. One shall not be compelled to try a traverse At what time the Tryal shall be the same Sessions he makes it for a man shall have time to make his defence and is not supposed to be ready to answer sudden objections and for this reason many Iudgments upon Indictments have been reversed Iustices of Oyer and Terminer nor Iustices of Peace cannot inquire and determine the same day But Iustices of Gaol Delivery and Iustices in Eyre may Justices of Peace cannot proceed to the delivery of a person indicted of Felony before them the same day he is arraigned 22 E. 4. Coron 44. Declared by all the Iustices of England to be observed as a Law In an Indictment in B. R. or in the same County and removed thither the Defendant may be arraigned and tryed the same day For the Kings Bench is a Court of Eyre for all Offences in that County Otherwise of an Indictment removed out of another County Vide Rolls tit Tryal 626. many Cases de ceo 33. All matters done out of the Realm of Marshal Affairs England concerning War Combate or Deeds of Arms shall be tryed and termined before the Constable and Marshall of England before whom the Tryal is by Witnesses or Witnesses or Combate by Combat and their proceeding is according to the Civil Law and not by the Oath of Twelve men 1 Inst 74. 261. Wherefore if the Kings Subject be killed by another of his Subjects in any Foreign Country the Wife or Heir of the Dead may have an Appeal before the Constable and Marshall who sentence upon the testimony of Witnesses or Combat ib. So if a man be wounded in France and dye thereof in England ib. 4. Inst 140. It is worthy our observation to take What Issue shall be first tryed notice when there are several issues which of them shall be first tryed And for this you have already heard that where issue is joyned for part and a Demurrer for
the Lands were parcel of the possessions of the Priory of Christs Church in Canterbury and the said Prior and his Predecessors had held it discharged of Tythes tempore dissolutionis and pleaded the Statute of 31 H. 8. The Defendant pleads that the Prior and A non decimando his Predecessors did not hold them discharged and upon issue joyned thereon the evidence was that the Prior or his Predecessors time out of mind c never paid Tythes but no cause was shewn either by unity of possession real composition or other cause to shew it discharged In nil debet upon the Statute for tythes a Lay person cannot give a Non decimando in evidence so may the King and any other spiritual persons li. 2 B. of Winchesters Case Cook said it was no evidence for it is a prescription in non decimando Curia contra For a spiritual man may prescribe in non decimando and by the Statute of 31 H. 8. he shall hold it discharged as the Prior held it and if he held it discharged non refeit by what means for it shall be intended by lawful means and the Jury afterwards found for the Plaintiff Cro. 3. part 2. 6. Vpon non assumpsit in a general Indebitatus Indebitatus assumsit assumpsit the Defendant may give in evidence payment at any time before the Action brought but upon a special promise to pay money c. it is otherwise Causa patet for in the first case if there be no Debt the Law will infer no promise If a Church-book or any thing else is given A Church-Book is no evidence Brownlow 1. part 207. Postea 26. Assise pl. 4. in evidence which ought not to be allowed the Court above cannot quash the Verdict except it be certified and returned with the Postea Brownlow 1 part 207. But the Court may order a new Tryal upon cause shewed as for excessive damages c. The Court will not permit the Jury to carry any Writings out with them but what are proved and under Seal But here I recollect my self and consider that this Chapter is of greatest use to our Circuit practiser and therefore I shall go no further in scatter'd instances but digest my further Collections into a method more beneficial which may be improved by any Practiser as other matter shall occur Quare defendens Crimen feloniae ei imposuit Action of tâ—e Câ—sâ— c. the Plaintiff cannot give in evidence words only but Acts as arresting charging or conventing him before Justice of Peace for felony Sanders vers Edwards Mich. 14 Car. 2. B. R. If any action arises on request as in Trover or special promise the Statute of limitation goes only to the request Juy's case Mich. 1652. C. B. v. 1 Cro. 139. Declaration for words spoken in the presence of A. B. and others in evidence it sufficeth that they were spoken in the presence of others only Wingfield and Coote Lent Assises Norf. 1662. per Hale Ch. Baron In Indebitatus for carrying of Herrings the evidence was he was a Porter at Yarmouth and when Herring-Ships came home he went of his own head and carried up to the Defendants house with other Porters so many Herrings and Good by Twisden Judge of Assise Norf. Summer 1662. Jermin vers Lucas In action for hindring to sit in a Pew claimed by prescription repaired c. ought to be given in evidence and one may prescribe to sit in the uppermost seat in a Pew Buckston and Bateman Mich. 14 Car. 2. B. R. In action for executing an illegal Warrant c. It 's good evidence to prove the Just of Peace acted as such without shewing his Commissâ—on so on the Statute of Hue and Cry Constables case Norf. Lent Assises per Hale Chief Baron Action for stopping up lights c. One had a piece of Ground and builds an house on part and Leases it then he sells the other part of the Ground to one who builds on it and stops up the lights of the first house the Lessee has a good action But if two owe two pieces of Ground and one builds the other may also build and stop up his lights Palmer vers Flesher Mich. 15 Car. 2. B. R. If a Master always gives his servant money to buy his Markets with it is good evidence to discharge the Master in an action brought against him for goods taken up on Trust by that servant Per Glyn Ch. Just Mich. 1658. at Guild-Hall Sr. Tho. Rouses case A water course runs through my Ground to the Grounds of J. S. where is a pit that time out of mind used to be filled with that water I may stop the water in my Ground and use it as I will so I do not turn the course another way but when I have done with it let it fall into its own course Per St. John Ch. Just C. B. Suff. Summer Assises 1657. Smart and Tystead Action for words You forswore your self in your answer in Chancery Defendant justifies Plaintiff replies de Injurià suà propriâ absque tali causa per Hale Summer Assise Suff. It 's a good replication and a small mistake in an answer shall not convict of perjury for the Councel may mistake or his Clerk Action for not scouring a Ditch by which the water overflowed his Land c. and declare quod quidam Rivus run there c. Vpon evidence it appeared only a Land-floud and good by name of Rivus though it be dry great part of the year and it was held the best pleading of the course of this River to put a place from whence it comes so to the Plaintiffs Land without mentioning mean places by which it passes which may be many and must be proved if laid per Whitfield 1641. York Clayton 96. Souldiers lying in an Inn 14 days are guests within the Custom of England Harlands Case per Whitfield 1647. The Plaintiff in action of the case intitles himself by prescription to a Fold course for Sheep upon all the Lands in such a Field on Mich. day and so to Lady day the Lands being unsown and for that the Defendant put on Sheep c. before Mich. day and after and thereby fed the grounds c. the Plantiff could not take so good feed actio inde 1. The owner may put on Sheep and feed his own grounds before Mich. unless a Custom be to the contrary which ought to be laid in the declaration Contrà of a stranger 2. It appearing that part of the Lands c. had been the Lands of the Plaintiff who was Lord of the Mannor and prescribed as such and there being no exception of those Lands in the prescription the Plaintiff was nonsuit for as to those Lands the prescription was gone by unity of possession Per Hale Ch. Baron Norf. Summer Assises 1668. Branthwait vers Hunt Assumpsit In Indebitatus covenant to pay is no evidence 2 Cro. 505. nor money due for rent by
man fells all his Woods standing growing c. upon the prâ—misses to hold during the life of the Vendor rendring Rent The Vendee cuts down all Where Tenants in Common shall joyn in an action and where not what actions the one shall have against the other See 1. Inst 107 200. c. Woods Trover against a Carriers Copyholder Estray Continuâ—ndo the Trees if he cutts wood afterwards growing in the same place the Vendor may have Trespass Leon. 3. part 7. If a Carrier lose goods a special action of the Case lies against him but not Trover Roll. Abridg. 6. so of a common Carrier by Boat Noy 114. Trespass lies for a Copy-holder against the Lord for cuâ—ting down Trees that he the Tenant ought to have for repairs Godbâ—lt 173. By seisure of an Estray the Lord hath but the Custody and not the property and therefore if he works the Horse Trespass lies Yelverton 96 97. Trespass with a continuando cannot be for taking a Horse nor 10. Trees c. nor without a re-entry of the disâ—eisâ—d unless his re-entry be taken away by the act of God or the Estate be determined so that he cannâ—â— enter as if Tenant per auter vie be disseised and cestuivie que dâ— for there his entry is taken away by the act of God otherwise if it be taken away by his own act as if he release to the Disseisor c. 19 H. 6. 28. General Trespass for breaking his Park and taking Park Warren his Deer c. doth not ly at Common Law but a Writ is given by the Statute Westm 1. cap. 20. so if A. have a free Warren in the soil of B. A. shall not have Trespass but case for entring the Warren and stopping the holes c. A Commoner cannot have Trespass for the Grass Commoner False Imprisonment After a supersedeas shewed to the Bayliffs false imprisonment lies against them not against the Sheriff so against the Bayliff of a Franchise if he takes other mens goods in execution upon the Sheriffs warrant not against the Sheriff nor against the party unless he procure the Bayliff to take the wrong He that hath the Freehold in Law unless he hath Possession Entry Relation actual possession cannot have Trespass Therefore the Heir cannot have Trespass against the abater nor against Tenant at sufferance before he hath entred and only from that time but an Executor or Administrator shall by relation have Trespass from the death of the Intestate c. But a disseissee after entry shall have an action for all mean Trespasses from the disseism even against strangers for he is restored to the possession ab initio Trespasses cannot be maintained against him who comes to the goods lawfully as by the Plaintiffs delivery Trespass or under that or by act in Law c. but detinue But Trespass lies against Tenant at will or him that I lend my goods to who destroys them for thereby the privity is determined It lies against a Miller for taking Toll where none is due For taking my Servant out of my service for rescuing one taken at my suit out of the Bayliffs hands for the Bayliff is my servant For beating my Wife or Servant per quod c. Not against him that J. S. sells my Horse to or has my goods from the Sheriff although the Sheriff took them wrongfully It lies for hunting a â—ox c. in my ground Against Church-Wardens who act by the Justices of the Peace's Warrant if the Warrant be not good For digging so near my ground that it fell into the Defendants piâ—t But not that my house fell into the pitt for 't was my fâ—ult to build so near another mans ground for entring my ground to take out his Falcon which flew thither after Game For killing my Tumbler in his Warren Although I sell the goods it lies for a Trespass done Time before Tender of sufficient amends before the action brought is a good Bar for a negligent Trespass Bar. not for a voluntary one If a man enter into a place by authority of Law Ab initio and abuse this authority he is a Trespasser ab initio for his first 〈◊〉 shall be intended for this purpose As if the Lâ—ssor eâ—ter to view Wast and stays there all night If the Kings â—urveyor sells my goods If the searcher abusâ—â— mâ— stuffs If a man will stay in a Tavern all night 〈◊〉 he detains a distress after amends tendred befor◠〈◊〉 â—â—ounding If a Bayliff refuse Bail Trespass doth 〈◊〉 against him ab initio but case for the Sheriff or Undersheriff not he ought to take Bail not against â—he party nor Bayliff or person in aid if the Sheriff doth not return his Writ of Latitat or makes a false return but it doth against the Sheriff So of an Officer of an inferior Court If the Lord work an Estray Distress c. Or Executors find a Bond and cancel it thinking it was discharged and it was not They are Trespassers ab initio although they came lawfully to the possession at first Rolls tit Trespass 563. The Lunatick and not the person to whon he is Lunatick committed must bring the action in his name for a Trespass done in the Land Brownl 1. part 197. The knowledge of evidence is so beneficial and Note the Chapter of Verdicts gives much light to know what evidence is good and what not necessary for all Practicers in the Law That none can know too much be too well versed or too often conversant in it Therefore to compleat this Treatise especially in this particular I have drained the Law-books oâ— all or the most principal Cases relating to it and have added some observations very fit for the unlearned to know and I hope not fit for the learned to reject FINIS A Table to the Precedents c. A  AGreemenâ— 482 Attaint 480 Abattement of the writ for the residue 383. Asserts 192 Attornment 484 Avowry 484 Account 485. 494 Administrator 491. 504 Arrest 495 Action of the Case 495 Assumpsit 498 Acceptance 498 Averments of upon or against whaâ— 500 c. Award 505 Assault 518 B  Bâ—rron and Feme 175. 191 483 505 507 Bail-bond 487 C.  Common 406. 403 385 487 Cessavâ—t 485 Circumstance 489 Copyhold 490 510 Consimili casu 495 Condition Collateral 499 Consideration 500. 506 507 Certificate 503 Carrier 510 Commoner 511 Continuando 510 D.  Demurrer see Evidence  Deed. 482. 487 490 496 497 Damages 223. 487 Disseisin 483 Dower 488 Discontinuance 501 Date 505 Devise 505 E.  Evidence Demurrer upon evidence 476. 477 478 479 480 481 482 49â— 495 496 The Evidencer needs shew no more of a Will c. than what makes for him 479. 481 The fact is admitted by a Demuâ—rer 480 probable though not certain maâ—ter is good evidence 481. 483. Rules concerning evidence 482. 483 485 487 Non est factum 482. 487
231. 245. Fine 190 191. 222. 228. 231. Outlaury 189. 246. Feoffment 189. 191. 211. 217. 231. 232. 239. 241. Proviso 189. 229. 240 241. Non decimando 189. 201. Depositions Answers 190. 230. 235. Lease 191. 213. 216 217 218. 230. Assumpsit 191. 202 203. 206. usque 210. 238. Challenge 192. Detinue 192. Inrollment 216. Fines certain or incertain 216. Dower ne unque seisin 226 227. Account 227. 241. Office 228. Verdict 228. Jointenancy 229. Bankrupt 229. Sign Manual 229. Marriage 229. Grant and Prescription 230. Confession 231. Surmise in a Prohibition 235. Jurors of a former Tryal 236. Common 236. Parcel 242. 245. Property need not be proved in a Writ of Inquiry of Damages c. 230. 'T is sufficient to prove the effect of the issue 239. Matter in Law 244. F. FIne on Jurors 435. 437. 420. 424. 443. 445. Foldcourse 206. Fine certain or incertain 216. Fine levied 223. G. GRammar and Grammarians 34. Gleaning justifiable by Special Pleading 224. Grant 230. H. HAbeas Corpora 37. Heir 104. J. JUry its Definition Antiquity and Excellency 1 2 3 4 5. 352. Are Judges of Fact 1. 367. When to appear at Westminster when not â—7 69. Their Punishment 72. 431. 429. Their Number 83. cap. 6. per tot How sworn 86. 351 352. Juror goes away and another sworn 87. 79. 429. per primer Jurors 88. Their Quality cap. 7. per tot 95. 144. A Jury of Women 91. Of Attornments 92. Exemptions 91 92 93. The same Jurors shall not try the same Issue twice 54. 391. What Persons 137 138. Of what things a Jury may inquire cap. 10. per tot 393 394. Of the Law 174. 446. 367. 446. Of a man's intent 176. Of Spiritual things 176. Of things in another County 176. 392 393. 177. Estopels 178. Decree Records Warranty Condition 179. The Office of the Jury 233. Their Oath 351 352. Assiza for Jurata 352. Anciently 12 Knights 352. Jury per medietatem linguae 353. The Jury arâ— Chancellors of the Damages 402. may be carted if they do not agree 409 419. 422. The Penalty of Jurors taking Rewards 431. Fined 435 436 437. 421 422 420. Demanded upon Pein 436. Punishment for striking a Juror 437. F orfeit Issues 438. 435. Jury adjourned 428. Juror departs 429. May give a Verdict without Evidence when they know the Fact 415. 233. How the Jury ought to demean themselves whilst they consider of their Verdict 416. 233. cap. 14. per tot Of their Eating and Drinking 422. 420. Whether the Judge may Fine them for going against their Verdict 443 444. 446. 'T is Error if a Juror challenged be of the Tales 3 Issue 7. 32. What Issue first tryed 8. Infancy 15 16 17. Inspection 15 16. Ideocy 26. Institution InductioÌ„ 24 â—5 Imprisonment 27. Jeofails 32. 51 52 53. 60 61. Justices of Nisi prius their Power c. 70 71. 82. Judges 15. Inquests of Office 84. 230. by Default 504. 415. Joinder of Counties 86. 116 117. 107. Inrollment 24. Incidents 384. 392. Judgment Arrest of Judgment 500 501. Issues forfeited by Jurors 438. 435. Justice of Peace 204. 223. Inkeepers Guests 205. Indenture 216. Inspection of a Deed 228. Jointenancy 229. K. KIng cannot be Non-suited 419. L. LEague 17. LOndon Trades and Customs there 20 21. Law Things not words most regarded in Law 5. Statute of Limitations Pleaded 203. 210. Lease 213 214. 216 217 218. 230. Livery of Seisin 222 232. M. MAyhim 15. Mannor 18. Marriage 25. 209. 229. Marshal Affairs 31. Master and Servant 204. 219. 240. 244. N. NIsi prius 55. 66. 72. 82 c. Justices of Nisi prius 70 71. 82. Nobility how tryed 17. O. ORdeal 28. Outlaw 384. 246. Officer 223. Office 228. 246. P. PEers 14. 17. Proof 17. 16. 182. 187. Parson 24 25. 212. 234. 241. Plenarty 24. Possession 234. Profession 25. Prior 25. Proces 42. Proceedings in Civil Causes 8. In Criminal Causes 9. Patents 12. Probate of a Will 19. Posteae amended 381. Plea vide Deed. Ill Plea made good by Verdict 381 382 383. What permitted in Pleading for the Juries sake 392. Of the general Issue 223. Plea Puisne darrein Continuance at the Assizes 475. 465. 467. 71. 222. Prescription in non decimando 201. To sit in a Pew 203. Trespass for pulling down a Pew 220. Prescription to dig Clay in a Common 221. To fother Equos Boves good for Mares Cows 223. Prescription and Grant Pipowder 230. Perjury 205. 243. Partner 210. Pound 220. Proviso in Statutes 241. 240. Q. QVare Impedit 55. Quo Warranto 100. R. REcord 11 12 13. 21. 23 24. 179. Recovery by Default 23. Retorns 26. 43 44. 60. Resignation 25. Rectory 214 215. Remitter 226. Recital See Evidence c. 235. S. SHeriff 26. 37. Spiritual Matters 25. Statute Staple c 26 27. Surplusage 397. Schoolmasters 219 220. Seisure 226. Surrender 238. T. TRial Quid 8. The several sorts 8. cap. 2. per tot of Fact and Law 8. What to be tryed per Pais and what not ibid. By Common Law preferred 25. 29. Of a thing done beyond Sea 27. 31. 105 106. What in one Issue binds in another 30. The time 30 31 32 33. Tryals at Bar 67. Tryal per Medietatem linguae 353. ca. 12. per tot Traverse 30. Trover 34. 224. usque 226. Tales 42. 65. cap. 5. per tot Tales at Common Law and by Statute 73. 2 Tales denyed 75. The time of granting thereof the Number Order and Quality of them c. 78. with a Proviso 75. Triors 72. Of Challenges 168 169. 2 Challenge to the Tales men 2 Treat what 171. 158. Trespass Quare vi armis lyes not for Tenant against the Lord 389. Trespass 218 usque 224 234. 237. Tithes 215. Tenant at will and sufferance 217. Tenants in Common 221. Toll 224. V. VErdict is to be guided by the Evidence 2. The Definition c. 359. Of Verdicts Cap. 13. per tot The Credit of Verdicts 360. General Verdict 365. 360. Special Verdict 361. 396. The Court cannot refuse a Special Verdict 361. That found by Verdict which cannot be Pleaded 362 c. Estoppel 365. 178. Warranty â—67 Uncertain Verdicts 367. 396. A Verdict finding part or more than the Issue 368 369. 380. 405. Verdict supplied by a Writ of Inquiry 373. 375. Verdict set aside for what faults 374. 423 424. 418. Verdict amended by the Notes 378 400. If the substance be found 't is no matter for form 500. 408. 406. 405. 393. 389. 379. 385. 386. 387. Ill conclusion 379. 392. 400. Circumstances 381. where the Verdict makes good the Plea or Declaration 381 382 383. Of what a Verdict may be 383. 393 394. Incidents 384. How construed 384. What good what not 384 385 386. 388. 389. 391. 395 396 397 398. Guilty at another day 388. Open Verdict and Privy Verdict 390. 419. The Jury cannot vary from their Verdict after it is Recorded 390 391. 409. Good by Intendment 398 399. Surplusage 397. where a special