case paramour against VARROLD Michaelmas term pound Elizabeth roll to false  imprisonment in London if the defendant plead a recovery and execution in  Sandwich and traverse the place the plaintiff may traverse the record of the  recovery ante more Poph   light b sand hob Lutw Carth cro car ld ray Qucere if  a repugnant averment shall vitiate a plea where the plea do not require a  averment in trespass by original a variance hetween the day in the wfit and  the day in the declaration be fatal cro James Cowp dougl false imprisonment in  London the defendant plead a recovery against the plaintiff in debt in  Sandwich court in ken by custom and by force of a capias ad to give  satisfaction ware there he take and imprison he at Sandwich without hoe that  he be guilty in London the plaintiff for replication say that he imprison he  in London prout c without hoc quod hahetur some tale record et hoe a  preparation be verify per record mock c and thereupon the defendant demurrer  in law first because he take a traverse upon a traverse where he ought to have  maintain his declaration as I Henry second because he aver quod non hahetur  some tale record el hoc a preparation be verify per record mock which be a  mere contrariety for he therein confess that there be such a record which be  the express case in Henry where it be allege and hold to he error and all the  court for the first hold clear that the plea be good for otherwise every  defendant by a false plea may draw a transitory action in what place he will  and may make the place and day allege material which the law will not suffer  but will rather suffer the plaintiff to traverse such a false plea without  maintain his action and so be the yearbooks of Edward pl Edward pl TEdw pl for  the second point gawdy and Fenner hold the replication to he ill for it be  mere contrary and repugnant to say that there be no such record and that he  will aver it by the same record and that this be matter of substance which  needs not he express upon demurrer for no plea be good without a averment but  it be a mere nugation and the court shall not have any regard thereto if the  party will not aver it and a void averment be as no averment and so this plea  be ill Popham and Clench contra in this point for although the averment he  void and contrarient in this case yet the plea be here good without a averment  for it be a plea in the negative and needs no other averment but to say et hoc  petit qubd to seek after c and then the other shall say hahetur tale record el  hoc a preparation be verify per record and then the defendant shall join with  he et preceding defenden S similiter c croak Elizabeth but then Pelham for the  defendant show that this action be by original writ wherein the trespass be  suppose I may Elizabeth and in the declaration the trespass be suppose to he  may Elizabeth so the writ suppose the trespass to he do before it be in truth  do as appear by the declaration and for this cause it be hold by the whole  court to he ill and adjudge accord croak Elizabeth er p