case Hallet against byrt in trespass for take three cow a plea that the cow be  the property of a that the plaintiff impound they that a make replevin thereof  in the hundred court and that he the defendant take they by army of a precept  grant by the say hundred court and deliver they to the say a and so justify  under a prescriptive right in the hundred court to hold plead in replevin be  bad as amount to the general issue for be by way of justification it ought to  confess and avoid the cause of action but so far from even give colour to the  plaintiff it do not show that he have any possession in the cow at the time of  the take but on the contrary by say they be impound show they be in the  custody of the law and not in possession of the party S c salk S c salk S c  Carth S c skin S c salk S c Mod S c ld ray trespass against byrt and Hallet  for take and detain the plaintiff cattle the defendant plead not guilty as to  all but the take three cow and as to modern er p that they say that the  hundred of Beaminster be a ancient hundred whereof the bishop of Salisbury be  seize in fee and that he and his predecessor have time out of mind keep a  court there from three week to three week for the trial of personal action  under the value of forty shilling and so prescribe to grant replevins either  by himself or steward in court or out of court upon complaint make to they of  the take and unjust detain any cattle within the say hundred that the bishop  afterward convey this hundred to one Whitlock for three life by virtue whereof  he be seize that the plaintiff and one Rodbart take and impound the cow within  the say hundred be the cow of a stranger who make complaint thereof to the  steward and be direct his warrant to the bailiff of the hundred and to the say  Hallet command they to repleuie the cattle by army whereof Hallet and the  other defendant byrt in help he do take and deliver they to the owner and  traverse that they be guilty of the take at any time before the warrant or  after the return aliter well elsewhere modus the plaintiff demurrer and show  for cause that this plea amount to the general issue but it be argue to  maintain it that there be sufficient colour to make this plea good for in a  action of trespass possession be a good colour and the defendant may have the  benefit of such plea when the substance of it be by way of excuse though he  may have plead the general issue modern e contra the plaintiff have declare  for take his cattle and the defendant plead that the property be in another so  that they be not guilty of take his cattle which plead may have be good in  replevin but not in a action of trespass yearbook Henry pl a a and to this  purpose a case be cite yearbook Henry pl ill a b where in trespass for break  his close and take away twenty load of wood the defendant plead as to break  the close that he have a lease of it at will from the plaintiff himself by  virtue whereof he enter and as to the carry away the wood that another be  possess thereof and of the say close who make his son executor and die and  that the say executor give the twenty load of timber to the defendant and  traverse that he take any of the plaintiff wood and the court hold this to be  no more than the general issue when such plead have be allow to be good it be  where the plaintiff have not allege any property in the cattle or where the  defendant have confess it and therefore where the plaintiff declare of take  quaedam averia Rookewood v Frazier cro Elizabeth a and the defendant plead  that the property be in he and that a stranger take they and put they in the  plaintiff close by his assent where he find and retake they prout ei bene to  be for sale that plea be hold good for the plaintiff have not claim any  property in the cattle but only that the defendant take quaedam averia and do  not say Self to express grief as in this case cro Elizabeth b beside the  defendant ought to have allege not only a bare possession but a reasonable  property in this stranger they say that the plaintiff take the cattle mention  in the declaration existen averia cujusdem thomae Hallet jun so that he may  only have a possession of they as where trespass yearbook Henry pl bro Abr  colour pl c be bring for take of board the defendant plead that he be possess  of they and give they to the plaintiff to keep and redeliver to the defendant  when he shall be require and he carry they to d where the defendant retake  they this be hold a ill plea because the defendant have allege no property in  himself but the court do not speak to this point they hold that at commonlaw  no replevin be make by plaint for that be a remedy give by the statute of  Westminster the first cap the other be by writ of justice in replevin direct  to the sheriff who thereupon either go himself or make a precept to his  bailiff to make deliverance Fitzherbert n b dyer   light gilbert law of  distress and replevin Bl Com d modern now if the sheriff in his countycourt  which be a court incident to his office can not make a replevin but by writ in  open court before the statute of marlbridge which give a quick modern er p  remedy by plaint and be make for the benefit of the owner of the cattle that  he shall not stay for they till next court how can the hundredcourt which be  derive out of the countycourt prescribe to grant replevins out of court when  the authority of the sheriff himself so to do begin by a Act of parliament it  be true all these court do bold plea in replevins bro Abr plaint pl e but it  be illegal for the party ought to go to the sheriff for that purpose who court  be in nature of a court baron therefore this custom be hold to be void for it  be against law and reason and so the plaintiff have judgement the plea be  nought