An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same

Protestation.

PRotestation, is a forme of pleading when any will not directly affirme, nor di∣rectly deny any thing that is alledged by another, or which hee himselfe alled∣neth. And it is in two sortes: One is, when one pleadeth any thing which he dar̄e not directly affirm, or that hee cannot pleade it for doubt to make his plee double. As in con∣ueying to himselfe a title to any lande, hee ought to plead diuers discents by diuers persons, and hee dare not affirme that all they were seised at the time of their death, or al∣though hee could doe if it shall bee double to plead two discentes of both which, euery one by himselfe may be a good bar••e. Then the defendant ought to plead and alledge the matter interlasing

this worde Protestando: As to say, that such a one dyed (by protestation) sei∣sed &c. and that is to be al∣ledged by protestation, and not to bee trauersed by the other. An other protestati∣on is, when one is to aun∣swere to two matters, & yet by the lawe hee ought to pleade but toone, then in the first part of the plee hee shall saye to the one matter Protestando, & not cognoscendo, this matter to bee true, and make his plée further by these wordes, sed pro placito di∣cit &c. and this is for sa∣uing to the partie, (that so pleadeth by protestation) to bee concluded by any matter alleaged or obie∣ted against him, vpō which hee cannot ioyne issue: And is no other thing but an exclusion of the conclu∣sion, for hee; that taketh the protestation excludes the other partie to con∣clude him. And this pro∣testation ought to stande with the sequell of the plee, and not to bee repu∣gnant, or otherwise con∣trarie.