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COlour, is a fained mat∣ter, which the defendant or tenāt vseth in his barre when an action of trespas or an assise is brought a∣gainst him, in which hée giueth the demaundant or plaintife a shewe at the first sight, that hee hath good cause of action, where in trothe it is no iuste cause, but only a colour and
face of a cause: and it is v∣sed to the intent that y• de∣termination of the action should be by the Iudges, & not by an ignorant Iurie of xii. men. And therefore a colour ought to bee a mat∣ter in law or doubtfull to y• common people: as for ex∣ample, A. bringeth an assise of land against B. and B. saith that hee himselfe did let the same lande to one C. for terme of life, and af∣terwarde did graunt the reuersion to A. the deman∣dant and after C. the tenāt for terme of life died, after whose decease, A. the de∣mandant claiming the re∣uersion by force of y• grant (wherto C. the tenant for life, did neuer atturne) entred, vpon whome B. entred, against whom A. for that entre, brings this assise &c. This is a good colour because the com∣mon people, thinke that the land will passe by the graunt without Atturne∣ment, where inde••••r it will not passe, &c.
Also in an action of trespasse, colour must bee giuen, and of them are
an infinite number, one for example: in an action of trespasse for taking a∣way the plantifes beasts the defendant saith, that before the plaintife had a∣ny thing in them▪ hee himselfe was posses••ed of thē as of his proper goods, & deliuered them to A. B. to deliuer them to him a∣gaine, when &c. And A. B. gaue thē vnto the plaintif, and the plaintife suppo∣sing the propertie to be in A. B. at the time of the gifte, tooke them, and the defendant tooke them from the plaintife, whereupon the plaintife bringeth an action, this is a good co∣lour and a good plea. Sée more hereof in the Dia∣logues betwéene the Doct. and stud. lib. 2. cap. 13.