coke Report16b porter case the attorneygeneral v porter and another  information by the attorneygeneral for a intrusion in the exchequer in the  remembrance of the exchequer of the that year of queen Elizabeth that be to  say among the record of the term of saint Hilary in the year aforesaid and rot  remain in the exchequer in the custody of the queen remembrancer there among  other thing it be contain thus be it remember that John Popham Esq the now  queen attorneygeneral who prosecute for the same lady the queen be present  here in court the d day of February for the queen give the court to understand  and be inform a that a forfeiture wiseman v crow cro Elizabeth salk Lincoln  college case post   Inst a two but for great caution a clause be now usual  insert in the recovery deed for make void the estate convey to the tenant to  the writ of entry unless the sum of pound shall be pay within a give time to  the tenant for life by the operation of which condition the tenant for life  will be restore to his former estate unaffected by any of the encumbrance of  the tenant in tail and as the tenant to the precipe have the freehold at the  time of suffer the recovery it will remain in force notwithstanding that  estate be afterward defeat by the condition press cony Sugd pow Inst two c by  the statute Geo c in the case of premise in lease for life the person entitle  to the next freehold estate in remainder or reversion may make a good tenant  to the precipe without any surrender of such lease or the lessee join in make  a tenant to the writ of entry and this shall not prejudice the estate of the  lessee on the construction of this statute see Inst two c press Conv as to the  nature and operation of common recovery in general see l Inst and note ib sand  Bl Com big Rec Cru Rec Cru dig d Edward c l press Conv c l ED a a information  on behalf of the crown file in the exchequer by the king attorneygeneral be a  method of suit for recover money or other chattel or for obtain satisfaction  in damage for any personal wrong commit in the land or other possession of the  crown more W Com dig prerog d it differ from a information file in the court  of king bench in that this be institute to redress a private wrong by which  the property of the crown be affect that be calculate to punish some public  wrong or heinous misdemeanour in the defendant it be ground on no writ under  seal but mere on the intimation of the king officer the attorneygeneral or  solicitorgeneral during a vacancy in the office of attorneygeneral rise v  Wilkes burr Bac Abr information a who give the court to understand and be  inform of the matter in question upon which the party be put to answer and  trial be bad as in suit between subject and subject the most usual information  be those of intrusion and debt intrusion for any trespass commit on the land  of the crown as by enter thereon without title Inst a three hold over after a  lease be determine hard roll Abr take the profit cut down timber or the like  cro James Leon Savil Plowd   Ent f n b I Com dig prerog d and debt upon any  contract for money due to the king or for any forfeiture due to the crown upon  the breach of a penal statute this latter be most common use to recover  forfeiture occasion by transgress those law which be enact for the support of  the revenue other which regard mere matter of police and public convenience be  usual leave to be enforce by common informer in who tam information or action  but after the attorneygeneral have inform upon the breach of a penal law no  other information can be receive hard there be also a information in remember  when any good be suppose to become the property of the crown and no man appear  to claim they or to dispute the title of the king as ancient in the case of  treasure trove wreck coke report b er p whereas all that the key and wharf  call the old Woolkey and all message building land advantage commodity and  profit to the same any way belong or appertain situate and be in the parish of  all saint bark in the city of London in the hand and possession of the say  lady the now queen the that day of January in the that year of her reign and  long before and continual afterward be and stand and of right ought to be as  in the right of her crown of England b as in very many record roll and  remembrance of this exchequer it more full appear of record yet one John  porter of London fishmonger and Henry cockain c the law of the say lady the  now queen little regard but intend the disinherison of the same lady the queen  in the promise with force and arm c the say that day of January in the that  year aforesaid in and upon the possession of the say lady the now queen of the  premise enter intrude c and make entry and the issue and profit thereof arise  take and have to their own use and do yet take and have the trespass aforesaid  hitherto and yet continue d in contempt of waif and estrays seize by the king  officer for his use upon which seizure a information be usual fill in the king  exchequer and thereupon a proclamation be make for the owner if any to come in  and claim the effect and at the same time there issue a commission of  appraisement to value the good in the officer hand after the return of which  and a second proclamation have if no claimant appear the good be suppose  derelict and condemned to the use of the crown and when in late time  forfeiture of the good themselves as well as personal penalty on the party be  inflict by Act of parliament for transgression against the law of the custom  and excise the same process be adopt in order to secure such forfeit good for  the public use though the offender himself have escape the reach of justice Bl  Com a information be in many respect analogous to a declaration in the case of  a common person and it ought to be certain that the party may perfect know  what he be to answer to and the court on what they be to give judgement Plowd  but it have be hold not to be necessary to repeat the word give the court here  to understand and be inform in the beginning of every distinct clause if the  want of they may be supply by a natural and easy construction see I salk raym  hawk p c c Bac Abr information c and a information of intrusion be sufficient  though it be general that the king be seize of certain land without describe  the particular species or quantity for it be but a personal suit and in the  nature of a trespass quare enclosed space to break in pieces say Plowd ED b as  to plead seize in the king see post   b and the note there ED c with respect  to intrusion upon the king see post   a Stamf prerog b a Fitzherbert prerog  Sav Com dig prerog d sup d a as to intrusion in general Inst a I three and n  ib bract lib c f n b d Bl Com as to the remedy by writ of intrusion new nat Br  booth f n b raze Ent Reg short catalog Eastman v baker taunt Chit plead ED d  in trespass to which as already show a bill of intrusion be analogous where  the injury have be either continue without intermission for more than one day  or repeat on a subsequent day the plaintiff may declare with a continuando to  prevent the necessity of bring several action roll Abr the declaration either  allege the trespass with a continuando from the day on which the first  trespass be charge until a subsequent day mention in the declaration though a  continuando transgression predict general be good side Mod or as be now the  more usual way that the defendant on such a day in such a year and on diverse  other day and time between that day and some other day commit the trespass  complain of sal sand and this be say to be the proper way in allege a  continuando in a information of intrusion because a intruder can gain any  estate or possession against the king Plowd however in the information in  walsingham case Plowd a the form of allege the continuance be the same as here  a continuando can be allege for a trespass which in its nature have not  continuance as a single act or a act which terminate in itself as where a man  cut coke report a er p the say lady the now queen and contrary to her law  whereupon the aforesaid attorneygeneral of the say lady the now queen for the  say lady the queen pray the advice of the court in the premise and that the  aforesaid porter and cockain come here to answer the say lady the queen in the  premise upon which it be award to the sheriff of London that the say John  porter and Henry cockain be attach by their body wheresoever c to answer to  the say lady the queen in the premise c coke Report17a and it be command to  the aforesaid sheriff of the say city of London that they attach the say John  and Henry in form aforesaid so as c in eight day of the purification of the  bless mary the virgin in this term before which day that be to say the that  day of February in the say year the aforesaid John porter here in court be  find and of the premise by the baron here be speak to be for the say premise  commit to the prison of the lady the queen of the fleet there to stay until c  and present the same day the say John porter be bring hither to the bar by the  warden of the prison aforesaid and by favour of the court be let to bail to  Henry cockain of the parish of all saint bark in the ware of the tower London  and Robert Dodd of the parish of saint Botolph without Aldgate London that be  to say to every of they body for body until the next day and so from day today  and from term to term until c by pretext of which bail the say John porter  from the prison aforesaid be deliver and thereupon come then here the say John  porter and Henry cockain that be to say the say John porter in his proper  person and the aforesaid Henry cockain by Arthur Salway his attorney special  admit by the favour of the court e and pray c the hear of the information  aforesaid and it be read unto they which be read hear and by they understand  the say John porter and Henry complain that they by colour of the premise in  the information specify be grievous trouble and disquiet and that not just  because protect f that the formless down another tree kill his horse dog or  rabbit or take away his good but in these case if the trespass be continue it  be necessary to allege that they be commit on different day and time or to  insert as many count in the declaration as there be trespass I sand n l Com  dig plead m Bac Abr trespass I the plaintiff if he intend to give evidence of  repeat act of trespass must confine himself to the time in the declaration  whether it be lie with a continuando or on diverse day and time but he be at  liberty to waive the time in the declaration and prove a trespass at any time  before the commencement of the action brook v bishop Mod SC ld raym salk  Monkton v Pashley ld raym SC salk comb the improper lay a trespass with a  continuando or the lie several trespass with a continuando some of which be  proper and other not be bad upon special demurrer but aid by verdict Fonteroy  v Aylmer I ld raym Mod ld raym salk so if it be improper lie on diverse day  and time as where a declaration charge the defendant with have commit one  entire individual act e g a assault on such a day and on diverse other day and  time between that day and the commencement of the suit it will be bad on  special demurrer English v purser east Michael v Neal Cowp but if instead of  the word make a assault the word assault be use the declaration will be good  because that may mean that the defendant commit so many different assault on  the different day see burgess v freelove Bos and pull ED e see Inst ED f a  protestation be define to be a save to the party who take it from be conclude  by any matter allege or object against he on the other side upon which he can  take issue Graysbrook v fox Plowd b finch l thus in a information the  defendant as in this case shall take by protest that it be insufficient in law  Reginer v Fogossa Plowd so in a action for take good of the value of the  defendant may protest that they be not of more than the value of S d Lut and  where in trespass the plaintiff give a name or quality in his writ and  declaration as that the defendant break his close videlicet or acre of land c  the defendant can vary or give another name or quality but must say by  protestation that the land be call b or that it contain another quality coke  report a er p cion aforesaid and the matter in the same contain be not  sufficient in law to which the have not necessity nor by the law of the land  be bind to answer yet for plea as to the force and arm and what be contrary to  the peace of the say lady the queen or in contempt of the same lady the queen  the say John and for plea that the place be his freehold bro protestation  trespass protestation a protestation be style by Lord coke a evitation of a  conclusion or a safeguard which keep the party from be conclude by the plea he  be to make if the issue be find for he Inst b three donc Plac and it be say to  be of two sort first when a man plead any thing which he dare not direct  affirm or can plead for fear of make his plea double as if in convey to  himself by his plea a title to land the defendant ought to plead diverse  descent from several person but dare not affirm that they be all seize at the  time of their death or although be can do so it will make his plea double to  allege two descent when one descent will be a sufficient bar then the  defendant ought to plead and allege the matter introduce the word protestando  thus protest that such a one die seize c and this the adverse party can  traverse dly when a person be to answer two matter and yet by law he can only  plead to one of they then in the beginning of his plea he may say protest and  not acknowledge such part of the matter to be true and add but for plea in  this behalf c and so take issue or traverse or plead to the other part of the  matter and then he be not conclude by any of the rest of the matter which he  have by protestation so deny but may at another time take issue upon it Reg  Plac vin Abr title protestation sand l a protestation may be take in a  replication as if in assumpsit the defendant plead a accord and satisfaction  as that be deliver to the plaintiff and the latter accept a pipe of wine in  satisfaction of the promise mention in the declaration the plaintiff may  protest the delivery in satisfaction and reply that he do not accept the wine  in satisfaction Wentw Bac Abr accord c or in trespass where the defendant in  his plea have justify a arrest and wound under a writ and warrant the  plaintiff may protest the writ and warrant and reply de in an unjust manner  svan not common with others without remaining causan burr or may protest one  fact and traverse another Poph or if to a plea of performance of several  matter in the condition of a bind the plaintiff mean only to insist on the  breach of one he may protest the performance of the other dyer a Chit plead rd  Edward the proper place in the plea for the protestation be immediate after  the word action non c and in a replication after the word precludi non see  Plowd sand Com dig pleader n Wentw it be a rule that matter which be the  ground of the suit or upon which issue may be take can be protest as in  detinue by the executor of a the defendant can protest that a do not make the  plaintiff his executor for it be the ground of the writ and utter destroy the  plaintiff action Com dig pleader n sand l Plowd donc Plac more case of  Langforth bridge cro car Godfrey v sander will and a protestation must not be  repugnant to or inconsistent wit the plea thus in mayhem if the defendant  protestand that it be de son assault plead nul mayhem it will be bad Kel a  sand n bro Abr protestation b Plowd so it must not be idle or superfluous as  in a action by the executor of a the defendant can make protestation that a do  not make a will and also that a do not make the plaintiff executor for if he  make no will the other part be include Plowd however a repugnant or  superfluous protestation do not vitiate the plea though it be show for cause  of demurrer for the intent of a protestation be that the party may not be  conclude in another action Com dig pleader n sand b a protestation be whole  inoperative in the particular suit in which it be use for the allegation  protest against be in effect admit in that suit so that no evidence needs be  adduce in support of it and it be of no service in any other action if the  issue be find against the person make it bro protestation finch l Plowd b Inst  a three unless it be of matter which can not be plead or on which issue can  not be join and then the party protest will not be conclude though the issue  be find against he as where a infant bring a action of waste against his  guardian and appear by coke report b er p porter and Henry cockain say that  they be in nothing thereof guilty nor either of they be guilty and of this  they put themselves upon the country and the aforesaid attorneygeneral  likewise and as to the entry g intrusion and ingress into all that the  aforesaid key and wharf call the old Woolkey and the aforesaid message  building and other premise with the appurtenance in the information above  specify suppose to be do the say John porter and Henry cockain say that the  say lady the now queen they the say John porter and Henry cockain or either of  they thereof ought not to sue or trouble because they say that long before the  aforesaid that day of January in the say information mention one the lady  Avice knevet widow late the wife of Nicholas Gibson of London grocer be seize  of and in all that aforesaid key and wharf and other the premise with the  appurtenance in the say information specify in her demesne as of fee and so be  seize the say lady Avice long before the say time in which it be suppose the  say entry intrusion and ingress to be do that be to say the that day of April  coke Report17b in the d year of the reign of the lord Edward the that late  king of England at London in the parish of all saint bark aforesaid in the  ware of the tower of London demise all that the aforesaid key and wharf and  other the premise with the appurtenance to one Bartholomew Gibbs to have to he  and his assign from the repast of the birth of our Lord in the year of our  Lord from thence next ensue unto the end and term of year from thence next  follow and full to be end attorney which no one unless he be of full age shall  do if the guardian take the nonage by protestation it shall save he the  wardship because he can plead it finch l bro protestation sand see further as  to protestation Bl Com reev H1st sand Chit plead Inst b a three and n oh ib ED  g at commonlaw in a information of intrusion the defendant may plead non  intrusit general say or not Sav but the king in virtue of his prerogative can  Koeppel he by a to know facias to show his title special dyer b and if he  plead not guilty he may be immediate put out of possession for a title for the  king be show upon the information if no title appear upon record for the  defendant Inst dyer but by stat James c where the king have be out of  possession and not receive the profit for year the defendant may plead the  general issue and retain his possession till trial and no to know facias shall  issue to put the defendant to plead special as a information of intrusion be  in the nature of trespass it be sufficient if the defendant plead so much as  show his title to the possession without answer to the residue as a jointure  of a three part which entitle the defendant to the possession of the whole in  common with the king Semb more but if the defendant plead his title he must  show a good one more therefore if intrusion be allege in m marsh it be not  sufficient to show a grant by patent of S marsh without a averment who be  eaden say and if the defendant show a insufficient title in form the  attorneygeneral may demurrer dyer b though if he join issue upon a fact allege  which be find against he he can afterward take advantage of the defect ibidem  Com dig prerog d the defendant can plead several plead in bar by the Ann c as  the king be not bind by that statute attorneygeneral v Algood Parker king v  sir c W Phillips h Geo Parker Tidds prac that Edward and thereof over where  the defendant intend to justify the whole act complain of except the force and  arm be must plead as in this case the general issue as to the force and arm  and justify as to the residue   Ent raze Ent it have indeed be hold that if  the defendant in a action of trespass justify all the residue of the trespass  it be not necessary to give a answer as to the force and arm on the  supposition probable that the word way et arms be word of form law v king I  sand but the better opinion seem to be that these word be word of substance  see Com dig pleader m and if so there ought to be a answer as to they Bac Abr  trespass I by the Ann c the omission of the word way et arms in a declaration  in trespass be now matter of form and aid on a general demurrer so the  omission be cure by verdict by the statute and car c sand Chit plead jenk cent  ED coke report a er p by virtue of which demise the aforesaid Bartholomew  after the aforesaid Feast of the birth of our Lord in the aforesaid year of  our Lord and before the aforesaid time in which c enter and be thereof possess  h and so be thereof possess the say Bartholomew before the say time in which c  that be to say the first day of January in the year of our Lord at London  aforesaid in the parish and ware aforesaid make his testament and last will in  write I and of the same his testament and last will make and constitute one  Alice his then wife his executrix and afterward the say Bartholomew the same  day and year there die of all the aforesaid key and wharf and other the  premise with the appurtenance possess after who death and before the say time  in which c the same Alice take upon her the charge and execution of the  testament and last will aforesaid into all the aforesaid key and wharf and  other the premise with the appurtenance enter and be thereof possess l and so  be thereof possess the same Alice before the say time in which c that be to  say the that day of may in the saint year of the reign of the late queen mary  at London in the parish and ware aforesaid take to husband one Thomas Wilcox  by which the say Thomas and Alice in the right of the say Alice m be of all  that the aforesaid key and wharf and of other the premise with their  appurtenance possess and so thereof be possess the say Thomas Wilcox and Alice  before the say time in which c that be to say the that day of November in the  saint and d year of the reign of the Lord Philip and the lady mary late king  and queen of England at London in the parish and ware aforesaid by their write  seal with their seal and here into court bring who date be the same day and  year give and grant all their estate right title interest and term of year  which they the say Thomas and Alice then have to come of and in all that the  aforesaid key and wharf and the rest of the premise aforesaid with their  appurtenance by reason of the execution of the testament of the aforesaid  Bartholomew Gibbs aforesaid to one John Haynes by virtue of which gift and  grant the same John Haynes before the say time in which c into all that the  aforesaid key and wharf and other the premise coke Report18a with the  appurtenance enter and be thereof possess and so be thereof possess the say  John Haynes before the say time in which c that be to say the saint day of  December in the year of our Lord at London in the parish aforesaid do make his  testament and last will in write and by the same devise and bequeathe the  premise to one joice then his wife and thereof make and constitute the say  joice then his wife his executrix and afterward the same day and year there of  all the aforesaid key and wharf and other the premise with the appurtenance  die possess after who death and before the say time in which c the aforesaid  joice take upon her the burden of the execution of the testament and last will  of the aforesaid John Haynes n into all the aforesaid key and wharf and other  the premise with the appurtenance enter and be thereof possess by virtue of  the execution of h the early edition agree with the edition of in this  statement but it be clear a mistake for it be allege immediate below and so  find in the special verdict post I   b that Benjamin Gibbs die on the saint  January which be before the term commence so that at the time of his death he  have but a interest termini and in such case the plead shall be by virtue of  which say demise the say b g then and there become and be possess of the  interest of the say term see post   a Chit plead as to the interest termini  see sand sand Inst b I two a and d d ib ED I as to plead a will ante p b n t  ED king that in plead title to a chattel real by will it be necessary to state  the proof of the will see stram sand Chit plead d Edward ED l see n h suv m as  to plead possession of a term in right of a wife see Plowd a dougl Chit plead  g vin Abr title baron and feme d b pl ED n see n king ante p b ED coke report  a er p the same testament and last will of the aforesaid John Haynes and so be  thereof possess the say joice before the say time in which c that be to say  the that day of October in the saint year of the reign of the say lady the now  queen at London in the parish and ware aforesaid take to husband the aforesaid  John porter by which the say John porter be and yet be thereof possess by  reason whereof the same John porter in his own right and the aforesaid Henry  cockain as servant to the say John and by his commandment oh into all the  aforesaid key and wharf and other the premise with the appurtenance in the say  information specify at the say time in which c enter and the issue and profit  thereof for the whole time in the say information specify take and have and do  yet take and have as to they it be and be lawful without this that the say  John porter in and upon the possession of the say lady the now queen of the  aforesaid key and wharf with the appurtenance in the say information mention  or any part thereof intrude or either of they do intrude in manner and form as  in the say information above be suppose and without this p that oh in plead a  justification as servant it must be state that the act be do the command of  the principal Chit plead cite Chubb and mullock t Geo king b add the command  be now hold to be traversable chamber v Donaldson east ED p see Walsingham  case Plowd where a plea of a special title in the defendant conclude with a  traverse of the intrusion a traverse be a denial usual in the word without  this that c though any word tantamount be sufficient as et non sand lev Bac ab  plea h of a material fact in the precede plead whether declaration plea  replication c and it be in general preface by a particular specification of  matter contrary to the allegation of the other party which be call a  inducement to the traverse Chit plead d Edward dyer pl it be a general rule  that where any material fact be allege in plead which if deny will upon issue  join decide the cause one way or the other if the adverse party plead a matter  inconsistent with and contrary to such allegation be must traverse it Digby v  Fitzherbert hob Tufton v temple Vaugh Courtney v Phelps side Waltham v spark  ld raym ewer and mode Yelv or if there be several fact equal material allege  he must traverse one of they bead case post   b Griffith v William will sand  and though where there be a affirmative and negative either in express word or  by necessary implication Str will a traverse be superfluous yet wherever there  be two affirmative which do not impliedly negative each other or a concession  and avoidance by argument only a traverse be necessary for otherwise plead  will run to infinite prolixity will sand Chit plead a traverse shall consist  of some issuable fact either express allege or necessary imply priddle and  nappers case post   b Kenicot v bogan Yelv Plowd b a the king v lime begis  dougl and therefore matter of inducement or conveyance to the action a mere  suggestion surmise or supposal the time and place or what be allege under a  scilicet if immaterial be not allow to be traverse nor matter of law or mere  legal inference matter of intention which be not triable as the sciens in a  action of deceit matter of record which be not triable by the country or any  other matter which be not express allege or necessary imply but matter of  inducement c be traversable if material Tidds prac that Edward Chit plead Com  dig pleader g a traverse must neither be too large nor too narrow that be it  shall deny so much as be material and no more Com dig pleader g ld raym east  Chit plead d Edward the conclusion must in general be with a verification and  not to the country unless where no new matter be state by way of inducement or  where it comprise the whole matter of the plea sand a b Doug there can in  general be a traverse after traverse where the first be material for the party  be not to go on ad infinitum hob more Com dig pleader g Vaughan h Bl t r  reverse by t r h Bl Chit plead but it be otherwise where the first traverse be  coke report b er p the aforesaid quay and wharf and other the premise with the  appurtenance in the say information mention or any parcel thereof the say that  day of January in the thirtyfourth year aforesaid in the same information  mention or ever before or after stand or be or be in the hand and possession  of the say lady the now queen in manner and form as in the say information be  before suppose and also without this that there be any record roll or  remembrance in the court of the exchequer here beside the record of the  information aforesaid by which it may appear the aforesaid key and wharf and  other the premise or any parcel thereof with the appurtenance coke Report18b  to be or of right ought to be in the hand and possession of the say lady the  now queen all and singular which thing the say John porter and Henry cockain  be ready to verify Q as the court here c whereupon they pray not to the point  of the action or immaterial sand Com dig pleader g Bac Abr plea two Lutw h Bl  t reverse b t r h Bl Chit plead the king may take a traverse after a traverse  where his title appear by office or other matter of record though if it do not  so appear such second traverse can be take Vaugh Com dig pleader g a defective  traverse as where it be without a inducement or a traverse take of a  immaterial point or of one that be not the most material or where it be too  large or too narrow or after a former traverse can only be take advantage of  by special demurrer and a immaterial traverse or the want of a traverse when  necessary be mere form and aid on a general demurrer after verdict or by plead  over Ann c S sand Chit plead see further as to traverse in general ld raym  burr Chit plead d Edward c Inst three d Com dig pleader g Bac Abr plea h vin  Abr traverse sand c sand Com dig pleader to Bac Abr plea and plead h h Bl Chit  plead d Edward what may or may not be traverse sand d sand a Chit plead in  what manner a traverse shall be take sand sand a c Chit plead of a traverse  after a traverse sand Chit plead and when and how the want of traverse or a  bad or defective traverse be aid sand Chit plead ED Q it be a rule in plead  that whenever new matter be introduce the plead must conclude with a averment  in order to give the other party a opportunity of answer it sand Com dig  pleader e which I general in f it be add these word and this he be ready to  verify or if a record be plead it be add Verify by the record Com dig pleader  e will Inst three m but when there be a complete issue between the party  videlicet a direct affirmative and negative as when the general issue be plead  or where the defendant simple deny some material fact allege in the  declaration the plea must conclude to the country Com dig plead e sand sand  and this rule equal prevail whether the affirmative be first in the plead and  the negative subsequent or v ice line see Carth Com dig pleader e so where a  plea put in issue matter of fact as well as matter of record it shall conclude  to the country Com dig pleader e Mod Sayers Rep and if the plea conclude with  a special negative to the affirmative in the declaration as if in debt on bind  the defendant plead that he deliver the deed as a escrow he may conclude to  the country Com dig pleader e salk Esp Rep but where there be not a direct  negative and affirmative the plaintiff needs not conclude to the country Com  dig pleader e lev and where the declaration be find on matter of record which  be traverse in the plea it shall not in general conclude to the country but  shall allege that there be no such record and usual conclude with a  verification and prayer of judgement si action c will Lil Ent but a  verification seem to be unnecessary in this case as the plea be in the  negative Com dig pleader e fort salk and if a action of debt be bring here on  a judgement in Ireland the plea of nul tiel record must conclude to the  country east smith Rep Chit plead d edit Inst coke report b er p judgement and  that they as to the premise from this court may be dismiss c and each of they  be dismiss c and because the court will advice of the plea aforesaid until c  further day be give here to the aforesaid John porter and Henry cockain in the  same state as now it be until to fifteen day of easter at which day the  aforesaid John and Henry come here as before and the aforesaid John Popham Esq  attorneygeneral of the lady the now queen who prosecute for the say lady the  queen present here in court at the same day in his proper person protest r not  acknowledge any thing in the plea of the say John porter and Henry cockain by  they before plead to be true in manner and form as the say John porter and  Henry cockain in the plea of the say John porter and Henry cockain by they  above plead to be true in manner and form as the say John porter a d Henry  cockain jn their plea aforesaid above have plead yet for replication S the  same attorney three m a avowry do not require any conclusion Inst d three  Plowd a sand and a plea of bankruptcy though introductory of new matter shall  conclude to the country p wms Mod fort barn t r Bos and pull and where one of  several fact in a declaration be deny with a formal traverse the plea may  conclude with a verification or to the country Chit plead sand Com dig pleader  e where a plea contain a verification it general conclude as in the present  instance with a prayer of judgement in favour of the defendant this which be  term the demand or petition of the plea Bos and pull sand a east ought to  correspond with the premise in the plea thus matter of defence arise after  commencement of the suit shall be conclude with a prayer as to the further  maintenance of the suit east and a plea in abatement which contain matter in  part abatement of the writ shall in strictness be plead accord Bos and pull  but a mistake n these case except where the defendant plead in abatement to  the whole declaration for a defect in one count only herries v Jamieson t r  Chit plead will not vitiate and the court will ex duty give judgement in  favour of the defendant accord to the substance of the plea without reference  to its conclusion Plowd sand a east Bos and pull Chit plead as to the  conclusion of the plea in plead matter of estoppel see Inst b three and d m ib  Com dig plead e estoppel e dal sand will and as to the difference in the  prayer of judgement in plead a tender in debt and when the defendant plead  such a plea in assumpsit Chit plead salk ld raym will since the statute of Ann  c a wrong or defective conclusion either to the country or with a verification  c be reduce to mere form and can only be object to by special demurrer sand  Com dig plead e see further as to the conclusion of plead when with a averment  and when to the country Arthur blackamoor case post   the bishop of Salisbury  case post   a Inst b three and d p ib Com dig pleader e sand a Chit plead ED r  as to protestation see ante p b d f though it be not unusual when it be  doubtful whether a plea be sufficient in law to protest the sufficiency of it  in the beginning of the replication yet this seem unnecessary for without such  protestation the plaintiff will afterward be equal at liberty to object to the  plea by motion in arrest of judgement writ of error c Chit plead crisp v  Belwood lev ED S that in a information of intrusion if the defendant plead a  title which avoid the suppose possession in the king the king be do bind to  maintain the information but may traverse the title allege by the plea see say  Com dig prerogative d and it be sufficient if the king by his replication  traverse so much of the title as encounter the information without answer to  the whole title allege by the defendant as if in a information for intrusion  in the moiety of a manor the defendant say a be seize of the whole and die  seize by which there be a descent to the defendant a traverse without hoc that  he die seize of such moiety will be rood ld ib as to the mode of conclude  replication see Breedons case post   b and Albany case post a sand sand Chit  plead d edit ED coke report a er p of the say lady the now queen for the say  lady the queen say as he former say that the aforesaid John porter and Henry  cockain in and upon the possession of the say lady the now queen of the  aforesaid key and wharf call the old Woolkey and other the premise in the  information aforesaid specify enter intrude and make entry in manner and form  as in the information aforesaid above be allege and this the same attorney of  the say lady the queen for the say lady the queen pray that it may be inquire  of by the country and the say defendant say as before and pray likewise  therefore let inquisition be make thereof c and it be command to the sheriff  of London that they do not omit c and that they cause to be here from  easterday in one month in this same term twelve free and lawful man of their  bailiwick of the neighbourhood t of the parish of all saint bark in the city  of London aforesaid whereof each c by who c and who neither c to recognize in  the premise and the same day be give here to the say John porter and Henry  cockain at which day the say John and Henry come here as before and the  sheriff that be to say William rider and Benedict Burnham return the writ  aforesaid together with the panel of the name of the juror which be in the  file of writ execute for the queen of this thirtyfourth year of the reign of  the say lady the now queen with the remembrancer of London and the juror do  not appear therefore it be command the sheriff that they distrain the juror by  their land c so that c in eight day of the holy Trinity or in the mean time he  before the belove and faithful to the lady the queen Roger manwood Knt chief  baron of this exchequer at guildhall of the city of London aforesaid upon  Friday the that day of may in the thirtyfourth year of the say lady the now  queen in the afternoon of the same day if he shall first come thither and it  be say to the aforesaid John porter coke Report19a and Henry cockain that they  expect their day before the aforesaid chief baron at the say day and place and  that they be here at the say eight day of the holy Trinity to hear their  judgement if c at which day the say John porter and Henry cockain come here as  before and the aforesaid chief baron before who c deliver here the tenor of  the record aforesaid in form aforesaid direct which be among the inquisition  and extent of this year videlicet of the thirtyfourth of the reign of the now  queen with this remembrance endorse thus sacred scripture afterward that be to  say the day and place within contain before Roger manwood Knt chief baron of  the exchequer of the say lady the queen come as well the within name John  Popham who prosecute for the say lady the queen as the say within write John  porter and Henry cockain in their proper person and the juror of the jury  whereof within mention be make be call some of they come and some of they do  not come as it appear in the panel c and some of they now appear that be to  say Roger tasker Burgundy street George Gunbey Thomas Cox Thomas Langhorn  Joseph Eaton William fruit and Joseph moth upon the jury aforesaid be swear  and because the rest of the juror of the say jury do not appear therefore  other of the slander by by the sheriff of the county aforesaid to this choose  at the request of the say John Popham who c and by the command of the afore  say chief baron be due put who name to the panel within write be file accord  to the form of the statute in such case late make and provide u and the juror  so anew put that be to say Thomas Wiggs Henry Ayleward Ralph Bailey and  Cuthbert booth be call likewise come who to speak the truth of the matter  within I contain together with the other juror aforesaid first impanel elect  try and swear do say upon their oath that long before the aforesaid time of  intrusion aforesaid above suppose to be do one Nicholas Gibson be seize of and  in the wharf and tenement aforesaid with the appurtenance in the information  aforesaid specify in his demesne as of fee and the wharf and tenement  aforesaid hold of the lady the queen in socage that be to say of his freehold  burgage of the city of London by fealty only and so be thereof seize the say  Nicholas afterward and before the say time of the intrusion aforesaid c that  be to say the d day of t as to the alteration of the old law with respect to  the visne see ante p b n n ED u stat h c as to talesmen at commonlaw and by  the statute see ante p a n Q ED coke report b er p September in the  thirtysecond year of the reign of the Lord Henry the that late king of England  at London in the parish of saint Dunstan in the east make his testament and  last will in write v and constitute and ordain one Avice then his wife  executrix of his say will and by his say will bequeathe and devise among other  thing the wharf and tenement aforesaid with the appurtenance to the aforesaid  Avice and her heir in these English word and in form follow that be to say in  the name of God Amen coke Report19b I Nicholas Gibson citizen and grocer of  London whole of mind and of perfect remembrance albeit sick of body make this  my present last will and testament as well concern the order and disposition  of my good chattel and other thing movable as of my land and tenement rend  reversion and service and hereditament whatsoever first I give and bequeathe  my soul unto almighty God my maker redeemer and saviour and my body to be bury  where it shall please God after the discretion of my wellbeloved wife Avice  Gibson my sole executrix underwritten who I put in special trust that she  shall see these thing hereafter declare to be well and true execute do and  declare and perform as hereafter shall be recite unto who I also give and  bequeathe all my good chattel debt and other thing as well movable as movable  real and personal land and tenement rend reversion service and all I other  profit commodity and other hereditament whatsoever with all and singular the  appurtenance to have and to hold possess and enjoy all and singular my say  land and tenement rend reversion and service with the appurtenance good  chattel and other thing and all and singular other the premise with the  appurtenance unto the say Avice Gibson her heir executor administrator and  assign for ever upon condition follow that be to say where it have please God  to put I the say Nicholas Gibson in mind to edify diverse meases mansion and  place convenient for a free school the master of the same and certain beadman  and beadwomen and that the same can be establish to continue without great  charge to be employ and bestow upon the same and also land and tenement and  other hereditament to be assure for the continuance of the same I will and  declare by this my last will and testament that the say gift legacy and  bequest of my land and tenement good chattel and other thing aforesaid shall  enure and take effect by reason hereof unto my say wife upon condition follow  that be to say that my say wife by the advice of learned counsel in all  convenient speed after my decease shall assure give and grant all my say land  and coke Report20a tenement and other hereditament whatsoever for the  maintenance of the say free school almsman and almswomen for ever if it shall  please God and that my say wife Avice Gibson shall have all the issue revenue  and profit yearly come arise and grow of the premise during her natural life  bear the charge for the keep of the say school headman and headwomen and other  charge for the maintenance of the premise in manner and form as I the say  Nicholas Gibson have keep and maintain the same and as the same be now keep  and maintain without any diminution in any wise which Avice Gibson I make my  sole executrix of this my present testament and last will these be witness  Thomas Rushton sergeant at law William gunston Esq Thomaswood cooper Thomas  Reynolds clothworker and John Bucklowe scrivener in witness whereof I have  hereunto put my seal give the d day of September in the year of our Lord God  one thousand five hundred and forty and in the two and thirty year of the  reign of our sovereign Lord king Henry the eight as by the say will more full  appear and afterward the say Nicholas Gibson at London in the parish of saint  Dunstan in the east aforesaid the that day of October in the d year of the  reign of the say Henry the eight late king of England aforesaid die of such  his estate so seize of and in the wharf and V in Ves jun it be say by mistake  that this be a case of devise by custom but it appear here that the will be  execute after the statute of will which commence in operation from the that  July beside if the custom have be rely on it will have be find by the verdict  as in pelham case ante p a see also cro car vin Abr devise e as to the  statement of a devise in fee ante p b n t sand a dyer b Chit plead m edit ED  coke report b er p tenement aforesaid with the appurtenance without issue of  his body beget after the death of which say Nicholas the aforesaid Avice in  the aforesaid parish of saint Dunstan take upon her the burden of the  execution of the testament aforesaid and before the aforesaid time of the  intrusion aforesaid c enter into the wharf and premise and be thereof seize as  the law require and she the say Avice be by virtue of the say testament so  thereof seize she the say Avice before the aforesaid time of intrusion  aforesaid suppose that be to say the that day of April in the d year of the  reign of the Lord Edward the six late king of England at London in the parish  all saint bark aforesaid demise the wharf and tenement aforesaid with the  appurtenance to one Bartholomew Gibbs to have and to occupy to he and his  assign from the Feast of the birth of our Lord which then shall be in the year  of our Lord until the full end of the term of year from thence next follow and  full to be end by virtue of which demise the same Bartholomew be of the  interest of the term aforesaid possess and so thereof be possess the say  Bartholomew coke Report20b before the say time in which c that be to say the  saint day of January in the year of our Lord at London in the parish of all  saint aforesaid make his testament and last will in write and constitute and  ordain one Alice then his wife his executrix of his say last will and  testament and afterward the say Bartholomew then and there die of such his  estate possess of and in the wharf and tenement aforesaid with the  appurtenance after who death and before the say time in which c the say Alice  take upon her the burden of the execution of the testament aforesaid in the  aforesaid parish of all saint bark and be of the interest of the term  aforesaid of year possess as executrix of the testament of the say Bartholomew  and so thereof be possess the say Alice before the say time in which c at  London in the parish of all saint bark aforesaid take to husband one Thomas  Wilcox by which the say Thomas and Alice before the say time in which c be of  the interest of the aforesaid term of year of and in the wharf and tenement  aforesaid with the appurtenance possess and the say Thomas and Alice so  thereof be possess before the say time in which c that be to say the that day  of November in the d year of the reign of the lady mary late queen of England  at London in the parish of all saint bark aforesaid grant all their estate  interest and term of year which they then have of and in the wharf and  tenement aforesaid with the appurtenance to one John Haynes by virtue of which  grant the say John Haynes be of the interest of the aforesaid term of year of  and in the wharf and tenement aforesaid with the appurtenance possess and so  thereof be possess the same John Haynes before the say time in which c that be  to say the saint day of December in the year of our Lord coke Report21a at  London in the parish of all saint bark aforesaid make his testament and last  will in write and make and ordain one Joyce his then wife his executrix of his  say last will and by the same his will will and bequeathe all his estate  interest and term of year which he then have of and in the wharf and tenement  aforesaid with the appurtenance to the say Joyce and afterward the say John  Haynes at London in the parish of all saint bark aforesaid die of such his  estate of and in the wharf and tenement aforesaid with the appurtenance  possess after who death the say Joyce take upon her the burden of the  execution of the testament aforesaid and be of the interest of the aforesaid  term of year of and in the wharf and tenement aforesaid with the appurtenance  possess and so thereof be possess the say Joyce before the say time in which c  VolName a at London in the parish of all saint bark aforesaid take to husband  the aforesaid John porter by which the say John porter and Joyce be of the  interest of the aforesaid term of year of and in the wharf and tenement  aforesaid with the appurtenance possess and the juror aforesaid further say  upon their oath that one John Gibson be cousin and heir of the say Nicholas  Gibson that be to say son and heir of Hugh Gibson decease brother and heir of  the say Nicholas Gibson and that the say John Gibson before the say time in  which c that be to say the that day of January in the that year of the reign  of the lady the now queen enter into the wharf and tenement aforesaid with the  appurtenance claim the same wharf and tenement aforesaid with the appurtenance  by force of the testament and last coke report b er p will of the say Nicholas  Gibson by pretence of forfeiture and by reason of the condition in the say  last will before specify by the aforesaid Avice in her life forfeit and break  and be thereof seize in his demesne as of fee and so thereof be seize the say  John Gibson before the aforesaid time in which c that be to say the that day  of January in the that year of the reign of the say lady the now queen by he  write indent bear date the same day and year in the court of the say lady the  queen of her chancery at Westminster be in due manner enrol and to the  aforesaid juror in evidence show bargain grant and sell the wharf and tenement  aforesaid with the appurtenance to the say lady the now queen to have and to  hold to the say lady the now queen her heir and successor for ever by pretext  of which grant bargain sale and enrolment the say lady the now queen be of the  wharf and tenement aforesaid with the appurtenance seize in her demesne as of  fee in the right of her crown of England and the say now queen so thereof be  seize the aforesaid John porter claim the wharf and tenement aforesaid in his  own right and the aforesaid Henry as servant of the say John porter and by his  commandment at the aforesaid time in which c into the wharf and tenement  aforesaid with the appurtenance upon the possession of the say lady the now  queen thereof enter and make ingress but whether upon the whole matter  aforesaid by they the juror in form aforesaid find the aforesaid entry of the  aforesaid John porter and Henry into the wharf and tenement aforesaid with the  appurtenance be a intrusion upon the possession of the say lady the queen of  and in the wharf and tenement aforesaid or not the say juror thereof pray the  advice of the say court of exchequer here c and if upon the whole matter  aforesaid by they the juror in form aforesaid find it shall seem to the say  baron and court here that the aforesaid entry of the aforesaid John porter and  Henry into the wharf and tenement aforesaid with the appurtenance be and ought  to be adjudge a intrusion upon the possession of the say lady the queen then  the say juror say upon their oath that the aforesaid John porter and Henry in  and upon the possession of the say lady the now queen of the aforesaid key and  wharf call the old Woolkey VolName b and other the premise in the information  above allege enter intrude and make ingress in manner and form as in the  information aforesaid above be allege and if upon the whole matter aforesaid  by they the juror in form aforesaid find it shall seem to the baron and court  here that the aforesaid entry of the aforesaid John porter and Henry into the  wharf and tenement aforesaid with the appurtenance be not nor ought to be  adjudge a intrusion upon the possession of the say lady the queen of and in  the aforesaid wharf and tenement aforesaid with the appurtenance then the same  juror say upon their oath that the say John porter and Henry in and upon the  possession of the say lady the now queen of the aforesaid key and wharf call  the old Woolkey coke Report21b and other the premise in the say information  above allege do not intrude and make entry in manner and form as the  information aforesaid above be allege and because the court here will further  advice of the premise before c day be give here to the say John porter and  Henry cockain in the same state that now be until in eight day of saint  Michael before which day that be to say on the morrow of saint Michael in the  that year of the reign of the lady the now queen the process aforesaid with  all thing touch the same by the writ of the lady the now queen of common  adjournment wonder under her great seal of England bear date at Westminster  the d day of September in the that year of the reign of the say lady the now  queen aforesaid to the aforesaid treasurer and baron of the exchequer direct  which be enrol elsewhere in the remembrance of this exchequer of the aforesaid  that year of the say now queen that be to say among the record of this  exchequer of the term of saint Michael not on the part of this remembrancer  until a month of saint Michael then next follow at which day the say process  aforesaid wonder adjournment of the term be former frequent on account of the  plague lev and cro car they dig adjournment in Bart excheq prac pref it be say  that the last adjournment of the court of exchequer be in Hilary term when the  court be remove to Windsor castle on that account ED coke report a er p with  all thing touch the same by another like writ of common adjournment bear date  at Hampton court the that day of October in the that year aforesaid and among  the record of the say term of saint Michael in the roll aforesaid on the part  of the remembrancer aforesaid likewise enrol be further adjourn until the  morrow of all soul from Westminster aforesaid unto the castle of the lady the  queen of Hertford in the county of Hertford and the same day be give here to  the aforesaid John porter and Henry cockain at which day the say John and  Henry come here as before and the verdict aforesaid be see and the other  premise by the baron here and mature deliberation thereof among they be have  because upon the whole matter aforesaid by the juror aforesaid in form  aforesaid find it seem to the baron here that the entry of the aforesaid John  porter and Henry cockain into the wharf and tenement aforesaid with the  appurtenance be a intrusion upon the possession of the say lady the queen of  the same wharf and tenement aforesaid therefore it be grant ten by the same  baron that the aforesaid John porter and Henry cockain of the aforesaid entry  coke Report22a intrusion and ingress in and upon the possession of the say  lady the queen of the aforesaid key and wharf and other the premise be convict  and either of they be convict you and that the aforesaid wharf and tenement  with the appurtenance be take into the hand of the say lady the now queen c  and that the say John porter and Henry cockain be attach by their body  wheresoever c to make a fine a for the contempt aforesaid c z and further to  do what to the court c and it be ten in robin v sander cro James pl the  judgement be enter as in the present case it be grant instead of it be  consider and to make good this entry several precedent be cite in Lord coke  see post   a b a b but it be answer that it be a mistake of the printer and  the judgement be hold to be erroneous SC Bulst and see slocomb case cro car pl  full v righteous Bulst vin Abr error b b pl but now by statute car c no  judgement shall be reverse by reason that therefore concession be per curian  be enter for therefore to look at closely be per curian ED you in a  information of intrusion the judgement for the king be quod to take in hand  profine for the king be suppose in possession friend v the duke of Richmond  hard t Com Diu prerogative d and thereupon there issue a injunction or a writ  of anoveri facias for the possession against the party himself and all claim  under he say ham Plowd finch but such a judgement do not debar a stranger of  his entry for there be no judgement quod recupere seisinam nor do a to have  facias possession issue hard ED a Ro r Bulstr Ro cro car cro James Yelv hob Ro  r post a stat car cap stat car cap cro James jenk cent cro Elizabeth palm n  bend pl Poph Noy latch hob Bulstr hob   a b Syd Bulstr z so in trespass where  judgement be give for the king no writ of inquiry of damage be award but a  capias pro fine Bart excheq prac former in action way et arms as trespass and  the like if judgement pass against the defendant in a court of record it be  adjudge that he shall be arrest or to take in hand for his wilful delay of  justice till he pay a fine to the king consider it as a public misdemeanour  couple with the private injury but now it be provide by stat and W and m c  that in all case of trespass ejectment assault and false imprisonment between  party and party no writ of capias shall issue for the fine nor any fine be pay  but the plaintiff shall pay S d to the proper officer and be allow it against  the defendant among his other cost before this Act when the fine be pardon the  judgement be enter nothing define because pardonatur and so the practice now  be in c b upon this statute the entry there be nothing de fine because  remittitur per stat but in king b judgement be enter up without any notice  take of the fine for the law be alter and take away in effect by this statute  linsey v clark salk Carth in case not within this statute the omission of a  capiaturprofine in the judgement be make no long material by the statute and  car e and coke report b er p command to the sheriff of London that they attach  they in form aforesaid so that c in the eight day of saint Hilary before which  day that be to say the that day of November in the that year of the now queen  the process aforesaid together with all thing touch the premise be further  adjourn by another writ of common adjournment under her great seal of England  to the treasurer and baron of the exchequer direct which be enrol elsewhere in  the remembrance of this exchequer of the that year of the now queen and  beginning the that that be to say among the record of Michaelmas term rot with  the say remembrancer from the aforesid castle of Hertford unto Westminster  aforesaid at which day the say John porter and Henry cockain at Westminster  aforesaid come here as before and the sheriff do not return the writ yet the  aforesaid John porter and Henry cockain at the same time come here as before  and for the premise submit themselves to the favour of the court and that they  may not be further in the premise trouble pray with the favour of the court to  be admit to make a reasonable fine with the lady the queen in the premise  which by the court here be grant to they and upon this by pretext of a writ of  the say lady the queen of her privy seal to the treasurer chancellor and baron  and other officer of this court of exchequer in the second year of this queen  that be to say among the writ direct to the baron and in the term of easter in  this exchequer enrol remain with the remembrancer of the queen of person to be  admit by the aforesaid treasurer chancellor baron and other officer of this  exchequer accord to their discretion they be admit to make such fine c accord  to the tenor of the aforesaid writ and they make a fine in the premise as be  contain in these remembrance that be to say among the fine of this term remain  on the part of the remembrancer of the queen by reason of which fine it be  grant by the baron here that against the aforesaid John porter and Henry  cockain for the contempt aforesaid there be not here further execution make c