a report of a judgement give in the guildhall of London in the husting there  in the time of lend in the seven year of Edward the six by the sheriff of  London judge there in a assize of fresh force bring by John pollard and mary  his wife against bartholomew jekyl and other in assize against many the plea  of nul tiel in a thing naturan as one of those name do not abate the plaint as  to all the defendant but only as to that particular one and it shall stand  good against the rest memorandum that John pollard Esq late one of the  sergeant at law and discharge thereof by the king letter patent and place as  vicepresident of the king Council in the march of Wales and mary his wife in  the husting in the guildhall of London the Monday next before the Feast of  saint Martin in the six year of the reign of king Edward the six bring a  assize of fresh force upon a plaint of intrusion commence before the mayor and  alderman and send to the sheriff accord to the custom of the city against  Bartholomew Jekyl Ralf Foxley and Agnes his wife and eleven other person upon  a seize do to they of land in London and ten of the defendant appear by  bailiff and plead as follow to wit theol dig lib cap that there never be in be  any such Agnes wife of the aforesaid Ralf Foxley as by the plaint aforesaid be  suppose and this they be ready to verify c wherefore they pray judgement of  the plaint aforesaid and that it may be inquire by assize and if c then they  say that they have do no injury nor seize to the aforesaid plaintiff touch the  tenement aforesaid put in view and in the plaint aforesaid specify and of this  c and the three other plead the same plea by attorney and the plaintiff as to  the plea plead in abatement of the plaint demurrer in law and as to the other  plea they pray the assize and whether the writ shall abate inasmuch as it be  either always false or not a day be give for it to be argue and it be argue  and debate at guildhall the last Saturday of Hillary term in the seven year of  the reign of king Edward the six where it be argue for the plaintiff by their  counsel that assize of fresh force pursue the nature of assize at commonlaw so  that the argument in the one be the argument of the other and assize be the  most speedy a see ante a suit in law for the jury shall by the word of the  writ have the view before their appearance and although warranties be favour  in law b bro voucher king b a f n b e finch roll Abr pl X pl Inst   a Mod S  vin Abr title vouch Q pl b yet in a assize a man shall not vouch any one  unless he be present and this be for the plaintiff expedition c p h pl bro  protection h h   a   Litt a Inst kelw b roll Abr pl c and a protection will  not defend the party against a assize but assize be except by the word of  protection which case prove how much assize be favour in the law and all thing  and plead which be dilatory or in abatement of assize be esteem odious and  therefore such exception as will abate other writ will not abate assize if so  be there be a seize and tenant for that be the substance Plowden er p of the  suit and plead or exception which do it disprove that be of little force in  assize although in other suit they be Plowden available and therefore misnomer  of one of the defendant shall not abate the assize if there be another seize  and tenant as it be adjudge in many place in the book of assize and yet the  writ be always false a ass pl Fitzherbert brief bro assize Jointtenancy ass pl  Fitzherbert brief bro assize confession Jointtenancy ass pl bro assize ass pl  bro ibidem Jointtenancy a and so in assize if the tenant plead jointtenancy of  parcel with a stranger not name although the plaintiff confess it yet it shall  not abate his assize except for that part only but for the rest the writ and  plaint shall stand in force as it be adjudge in diverse place in the book of  assize and yet there the plaint be always false and the writ although it be  general shall be intend to be bring of all that be contain in the plaint and  so the whole shall be in tend false ab beginning but if there be a seize and  tenant for any part then that be sufficient and the law require no other truth  in the writ or plaint and to say that one name in the writ be dead before the  writ purchase or to say that there never be such a one in in a thing naturan  be all one and of the same effect for in both case the writ be always false  and in the first case videlicet that one name in the writ of assize be dead  before the writ purchase it be adjudge no plea in abatement of the writ but if  there be another seize and tenant the writ shall be good against they and to  prove that the law be so in that case these book be cite to be adjudge in  point videlicet ass pl b Fitzherbert brief theol dig lib cap b ass pl c bro  brief theol dig lib cap c ass pl ass d bro brief d pl et e bro assize e and  also that in the say case of ass pl our principal case be adjudge videlicet ne  unques tiel in a thing naturan be no plea in abatement of the writ if there be  another seize and tenant so that the case of one dead before the writ purchase  and our principal case be both adjudge in the say plea also a case in t Edward  Fitzherbert brief be cite which case it be say be abridge by Fitzherbert more  full for the purpose here than the book at large in print be and it be  likewise say that the action which may be most fit resemble to a assize be a  quare hinder which in respect of the dancer of lapse may well be compare to a  assize for the expedition of it and it be allege that it appear in f bro brief  quare hinder theol dig lib cap f m h pl that the prior of Walton bring a quare  hinder against the bishop of Carliel and many other where it be plead in  abatement of the writ that one of the defendant be dead the day of the writ  purchase and he demand judgement of the writ for all et non allocatur which  case may be resemble to a assize causan how above and so the writ in the  principal case shall be good and it be say that our case can be resemble to a  writ of trespass for that in the say case of ass pl it be adjudge g S p Mod g  that in trespass if one of the defendant be dead before the writ purchase the  writ shall abate and so be it touch by the way in many other book and case  since that time but yet it be say that in the case of Robert Passlowe in h  Fitzherbert brief bro trespass h m Edward pl and in the case of Michael and  Gilbert in I Fitzherbert brief bro I t Edward pl the contrary be adjudge  videlicet in the first case that in trespass the writ shall not abate where  one name in the writ be dead the day of the writ purchase and in the other  case it be adjudge that the writ shall not abate where it be plead that one  name in the writ king contra agree h h kelw a pl theol dig lib cap king be not  in a thing naturan the day of the writ purchase for that he be dead before and  it be say that there be more book adjudge this way than the other but it be  argue that although the writ of trespass shall abate in such case yet it may  not be resemble Plowden er p to the principal case for the law favour the  assize and the expedition in it more than in trespass and also in trespass the  person be the chief and original cause of the action and the plaintiff shall  punish the person of the defendant in trespass and then if any of the  defendant be dead before the writ purchase it stand with some reason to abate  the writ but in the principal case the land be the chief and original cause of  the action and then if the land and the estate remain and there be a seize and  tenant it be sufficient for the plaintiff and therefore for these cause it be  pray for the plaintiff that the writ stand and that this plea may not be  inquire and that the assize may be take upon the plea of nul tort c on the  contrary it be argue for the defendant that the plaint ought to abate because  this assize of fresh force shall pursue the order and plead of assize at  commonlaw and in assize at the commonlaw the plea plead here shall abate the  writ because it prove that it be not well purchase l m h pl bro brief l and it  be allege that it be hold in h in a quare hinder that if it be plead for one  of the defendant that there be nul tiel in a thing naturan as one name in the  writ this shall go in abatement of the whole writ otherwise in case of m see    b kelw pl m misnomer of one and so shall it be in a assize which have be  resemble to a quare hinder and it be say that the common opinion among man  learned in the law have always be that dead before the writ purchase or nul  tiel in a thing naturan shall abate the writ against all in action as well  several as joint and in all action in general and so it be prove that the  plaint here may abate and hereupon the court will be advice and they give day  further and in the mean time Southcote of the middle temple one of the deputy  of the sheriff of London and judge in the cause consult with diverse of the  justice and pray their advice in the case and all the case before allege by  the counsel be write in a paper and deliver to hale one of the justice of the  common bench and he peruse all the book where the case be allege and read the  book cite and find they accord as they be cite and afterward say to Southcote  that no man learned in the law can show any book adjudge contrary to the book  cite and because there be here man book the one way and none the other way he  advice he to follow the judgement before give and this he also say to I myself  and at another day afterward in the guildhall aforesaid the court say we take  the law to be that the plea do not go in abatement of the plaint against all  but only against the say Agnes wherefore we award the plaint good against the  other and also do award the assize n wing Max ring pl n afterward the  plaintiff counsel have well consider the matter perceive that the case be  Plowden argue premature and before the proper time for the assize ought to  have inquire the whole matter and if they have find the exception videlicet  that there be no such person in a thing naturan as the defendant bad allege  and have also find a seize and tenant then the matter ought to come in  question and that will have be the proper time to dispute the point of law  arise thereupon and not before for the plea plead et above be not answerable  for if a man plead in assize in abatement of the writ jointtenancy on the part  of the plaintiff or jointtenancy without deed on the part of the tenant or  plead that the tenement be in another town or that the plaintiff or tenant be  misname or the like plead and plead over videlicet et si trove ne soit nul  tort c as be ought to do in such case the plaintiff shall not reply to the  plead in abatement of the writ nor be they answerable for when the defendant  plead in abatement of the writ and plead over et si trove ne soit nul tort his  conclusion be et de hoc to put down see super assizam and the entry shall be  et to express grief similiter and so the plaintiff shall say nothing else but  similiter and shall not booth answer special to the plea plead before nul tort  but if the tenant in assize plead jointtenancy by deed with a stranger there  the demandant ought to answer it for there he that plead the jointtenancy  shall not plead over to the assize but shall stay upon that only and shall  pray process upon the statute and therefore the plea be answerable but in the  other case the plaintiff shall not answer to the Plowden er p matter plead in  abatement of the writ neither shall be in our case and then if it be not  answerable by the same reason the plaintiff may not demurrer upon it for a man  may not demurrer upon that which do not require a answer and therefore the  matter ought to be inquire by the assize as it be do in the say case of ass  and ass pl for which reason the counsel for the plaintiff take the law to be  as be say before pray the court that when the assize be swear they may first  inquire of the matter plead in abatement of the plaint videlicet if there ever  be any such Agnes in a thing naturan and the court at the prayer of the  plaintiff charge the assize to inquire of this first who find that there never  be any such Agnes wife of the say Ralf Foxley in a thing naturan as the  defendant have allege and further they find that some of the defendant only  seize the plaintiff of part of the tenement and show the certainty thereof and  of this they acquit the rest of the defendant and other seize the plaintiff of  another part and of that they acquit the rest of the defendant and so of a  three and of a four part and thus they find four several disseizins at four  several time and by the defendant several and assess several damage videlicet  for every seize a penny against all the disseizors of each part and pound S d  for the cost of suit entire against all together and this be do at the request  of the plaintiff counsel to avoid the danger of a attaint if the juror have  not find a seize by all joint kelw pl wherefore upon this verdict on the three  Saturday in lend in the seven year of the reign of king Edward the six the  court award that the plaintiff shall recover seize of the land and their  several damage as the verdict assess they and the cost of suit entire against  they altogether and S d beside for the cost increase by the court