case Hallett against birt hundred court can only grant replevins in court  though doubtful whether they can do it there S c Mod S c salk S c salk S c  salk S c Carth S c skin S c ld ray trespass for take his cattle at bemister in  Gloucestershire the defendant plead not guilty as to all but three cow and as  to they he plead that the hundred of bemister be a ancient hundred and that  long before the trespass commit the bishop of S be seize in fee in right of  his bishopric of the say hundred and that he and all his predecessor and those  who estate he have have time out of mind a court therein for all personal  action under forty shilling and of replevins in the hundred to be hold before  the suitor thereof from three week to three week and that time out of mind the  bishop and all those c or their steward on plaint make to they or their  steward in the say court or out of court within the hundred of any unjust take  and detention within the say hundred have use to make deliverance thereof that  the bishop of S convey the say hundred to c W Esq who make h S his steward and  that after this the plaintiff to take in hand et imparcavit three cow of one a  who thereupon complain to h S and find pledge de prosequend et returno habend  h S by a certain warrant under his seal direct to the bailiff of the hundred  of bemister and the defendant command they to take and repleuie the say cow by  virtue whereof he take and carry they away which be the same trespass without  hoc that he be modern report guilty aliter or elsewhere modus the plaintiff  demurrer show for cause that it amount to the general issue and per curium it  do amount to it as to special plead we take this rule that wherever the  defendant show a cause of action in the plaintiff either express or imply and  confess and avoid it it be a good plea for by confession and avoidance he  confess the plaintiff have cause of action against he be it not for some  special matter in law by which be not mean a question in law but a thing which  in law avoid the cause of action as sale in market overt and without leave a  cause of action it will amount to the general issue and this be the reason of  colour now here the defendant have show that the cattle be not the plaintiff  but that he take the cattle of a stranger and imparcavit whereby they be in  custodian law whereas if he have say to take in hand et to hold off it may  have be probable well enough then suppose the hundredcourt may hold plea of  replevin which be hard to imagine yet it must be as a court the sheriff before  the statute of marlbridge can not grant a replevin out of court much less a  hundredcourt or courtbaron and that enable only the sheriff to repleuie out of  court and how can a thing be graft on a prescription which have its original  by Act of parliament judgement be give for the plaintiff