coke b edward CROGATES case mich James see bowler v Nicholson ad e Reg v  Ashwell QBD in a action of trespass for drive plaintiff cattle c defendant  plead that a house and two acre in b in the county of n be parcel of the manor  of t in the same county and demise and demiseable c by copy c in feesimple c  accord to the custom of the manor of which manor W late bishop of n be seize  in fee in right of his church and prescribe to have common of pasture for he  and his customary tenant of the say house and two acre of land in a great  piece of pasture land call b common for all cattle c at every time of the year  that the say bishop at such a court c grant the say house and two acre of land  by copy to one m to he and his heir c that the plaintiff put his say cattle in  the say great piece of pasture wherefore the defendant as servant to the say m  and by his commandment nolliter drive the say cattle out of the say place c  the plaintiff reply de in an unjust manner svan not common with others without  tali causan and upon demurrer the replication be hold to be bad and resolve  without tali causan refer to the whole plea and not only to the commandment  for all make but one cause and any of they without the other be no plea by  itself when the defendant in his own right or as servant to another claim any  interest in the land or any common coke report a er p or rend go out of the  land or any way or passage upon the land c de in an unjust manner svan not  common with others general be no plea but if the defendant justify as servant  de in an unjust manner svan not common with others in some case with a  traverse of the commandment that be make material be good for the general plea  de in an unjust manner svan not common with others be proper when the  defendant plea consist mere upon matter of excuse and of no matter of interest  whatsoever when by the defendant plea any authority or power be mediate or  immediate derive from the plaintiff although no interest be claim the  plaintiff ought to answer it and not reply general de in an unjust manner svan  not common with others in the principal case the issue will be full of  multiplicity of matter where a issue ought to be full and single Edward  Crogate bring a action of trespass against Robert Marys for drive his cattle  in town Barningham in Norfolk c the defendant plead that a house and two acre  in Bassingham in the say county be parcel of the manor of Thurgarton in the  same county and demise and demisable c by copy c in feesimple c accord to the  custom of the manor of which manor William late bishop of Norwich be seize in  fee in the right of his bishopric and prescribe to have common of pasture for  he and his customary tenant of the say house and two acre of land in great  pecia pasture peremptory or urgent call Bassingham common pro omnibus averiis  c omni tempore striving and the say bishop at such a court c grant the say  house and two acre by copy to one William Marys to he and his heir c and that  the plaintiff put his say cattle in the say great piece of pasture wherefore  the defendant as servant to the say William and by his commandment calmly  drive the say cattle out of the say place where the say William have common in  prd villan de town Barningham adjoin to the say common of Bassingham c the  plaintiff reply de in an unjust manner svan not common with others without  tali causan upon which the defendant demurrer in law and it be object on the  plaintiff part that the say replication be good because the defendant do not  claim any interest but justify by force of a commandment to which de in an  unjust manner svan not common with others without tali causan may be fit apply  and this plea de in an unjust manner svan not common with others coke a shall  refer only to the commandment and to no other part of the plea and the cite  the book in h a b a h a b c h a h a b c but it be adjudge that the replication  be insufficient and in this case diverse point be resolve that without tali  causan do refer to the a Cr James Leon Bulstr Cr car a whole plea and not only  to the commandment for all make but one cause and any of they without the  other be no plea by itself and therefore in a Doct pl Leon e b a false  imprisonment if the defendant justify by a capias to the sheriff and a warrant  to he there de in an unjust manner svan not common with others general be no  good replication for then the matter of record will be parcel of the cause for  all make but one cause and matter of b   b   a   light a hard Com dig plead f  b record ought not to be put in issue to the common people but in such case he  may reply de in an unjust manner svan not common with others and traverse the  warrant which be matter in fact but c Doct pl Com dig plead f c upon such a  justification b force of any proceed in the admiral court hundred or county c  or any other which be not a court of record there de in an unjust manner svan  not common with others general be good for all be matter of fact and all make  but one cause a in Robinson v Bayley burr the defendant in trespass plead a  right of common for his cattle levant and couchant the plaintiff reply that  they be not his own commonable cattle levant and couchant the defendant  demurrer special because the replication be multifarious but the court hold  the replication good the rule be not that issue must be join on a single fact  but on a single point and that it be not necessary that this single point  shall consist only of a single fact so in obrien v Saxon barn and Cress SC dow  Ryl in a action for malicious sue out a commission of bankruptcy against the  plaintiff the defendant plead that the plaintiff be a trader and be indebt to  the defendant in the sum of become bankrupt wherefore defendant sue out the  commission the plaintiff reply de in an unjust manner svan not common with  others the defendant demurrer assign for cause that the plaintiff by the  replication have attempt to put in issue three distinct fact the act of  bankruptcy the trade and the petition creditor debt the court hold that these  three fact connect together constitute but one entire proposition and that the  replication be good Vid Stephen on plead a and by these difference you will  agree your book in h b coke report b er p h a b h a h a h a b e b e e b e b e  b h h a b r issue it be resolve that when the defendant in his own right or as  a servant to another claim any interest in the land or any common or rend go  out of the land or any d Cr James d way or passage upon the land c there de in  an unjust manner svan not common with others general be no plea b this  resolution in Crogates case have never be dispute nor call in question but  have always be consider as a lead case upon this subject Jones v kitchen Bos  and pull bell v Wardell will Langford v Wagham price serjeant William note  white v Stubbs sand vin ab Com dig pleader f Doct Plac accord where in  trespass for take a gelding the defendant plead that I S be seize in fee of  the locus in quo and that he as his servant and by his command take the  gelding damagefeasant it be hold that the plaintiff can not reply de in an  unjust manner svan not common with others Cockerill v Armstrong will SC Comm  bull n p so a plea de in an unjust manner svan not common with others c to a  cognizance for rend in arrear be bad Jones v kitchen ut sup Cooper v monk will  and Vid kilburne v valance Lutw but if the title allege be only inducement de  son tort c may be reply general as in battery if the defendant plead that he  be seize in fee of a close and have cut the tree and the plaintiff come to  take away his corn and he in defence c de in an unjust manner svan not common  with others without tali causan be a good plea tailor v Markham Yelv SC Brownl  SC Cro James hale v Gerrard latch a replication de in an unjust manner where  it ought not to be use be cure by verdict bank v Parker hob Collins v walker t  raym but it be hold to he have on general demurrer Fursdon v week lev this  case however be before the stat Ann c which direct that where any demurrer  shall be join and enter in any action or suit in any court of record within  this realm the judge shall proceed and give judgement accord as the very right  of the cause and matter in law shall appear unto they without regard any  imperfection omission or defect in any writ return plaint declaration and  other plead process or course of proceed whatsoever except those only which  the party demurrer shall special and particular set down and express together  with his demurrer as cause of the same notwithstanding that such imperfection  omission or defect may have heretofore be take to be matter of substance and  not aid by the abovementioned statute so as sufficient matter appear in the  say plead upon which the court may give judgement accord to the very right of  the cause it seem therefore very doubtful whether advantage can be take of de  in an unjust manner svan not common with others be improper reply in any other  way than by special demurrer in recent case the objection seem to have be make  uniform by special demurrer b e Doct pl g e but if the defendant justify as  servant there de in an unjust manner svan not common with others in some of  the say case with a traverse of the commandment that be make material be good  and so you will agree all your book sure h h e h h h e e e e h e ass e e e ass  h e for the general plea de in an unjust manner svan not common with others c  be proper when the defendant plea do consist mere upon matter of a Doct pl a  excuse and of no matter of interest whatsoever et to say de in an unjust  manner svan not common with others c because the injury proper in this sense  be to the person or to b Doct pl Cr Elizabeth b the reputation as battery or  imprisonment to the person or scandal to the coke report b er p reputation  there if the defendant excuse himself upon his own assault or upon hue and cry  levy there proper c Doct pl c de in an unjust manner svan not common with  others general be a good plea for there the defendant plea consist only upon  matter of excuse c accord where in a action for malicious sue out a commission  of bankruptcy the defendant plead that the plaintiff be a trader and be indebt  to the defendant in the sum of he become bankrupt wherefore the defendant sue  out the commission and the plaintiff reply de in an unjust manner svan not  common with others the court hold that the plea consist of matter of excuse  only and therefore the replication be good obrien v Saxon barn and Cress SC  dow and Ryl way Com dig pleader f vin ab de in an unjust manner svan not  common with others a Jones v kitchen I Bos and pull c it be resolve that d  Doct pl cro car d when by the defendant plea any authority or power be mediate  or immediate derive from the plaintiff there although no interest be claim  coke b the plaintiff ought to answer it and shall not reply general de in an  unjust manner svan not common with others the same law of a e Doct pl e  authority give by the law as to view waste c d Acc Jones v kitchen Bos and  pull Com dig pleader f but de in an unjust manner svan not common with others  be a good replication when the defendant justify b virtue of authority by the  commonlaw as a constable by arrest for break of the peace c and so it be and  by the same reason when one justify by a authority of a Act of parliament for  be a general law the statute can be no part of the issue per holt CJ chance v  weeden salk SC Lord raym SC Mod Vid Com dig pleader f d vide e Edward Edward  Edward h last it be resolve that in the case at bar the issue will be full of  multiplicity of matter where a issue ought to be full and single for parcel of  the manor demiseable by copy grant by copy prescription of common c and  commandment will be all parcel of the issue e Acc Cooper v monk will bell v  Wardell ib vide ante note a e and so by the rule of the whole court judgement  be give against the plaintiff