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CHAP. 29.
Of Pleas to the Iurisdiction and Person.
THe Defendants first pleas are di∣latorie, or to the action.
Dilatorie, which are before 〈◊〉〈◊〉 plea in barre.
When an action is brought a∣gainst many, they must ioyne in the plea •••• * 1.1 they plead these dilatories, for in a praecipe quod reddat, one cannot demand the view, and the other pray in aide, nor one pray in aide of one man, and the other of another man.
Dilatorie pleas are exceptions, or forrein Aduantages.
Exceptions are such dilatories g〈…〉〈…〉∣ded vpon the matter it selfe of the suit. And are in dishabilitie or abatement. Those in dishabilitie, are to the Iurisdiction or Per∣son. * 1.2 Both which must be before the count made.
To the Iurisdiction, when it is al∣ledged that the Court ought not to hold plea of it.
To the Person, when it is alledged that the Plaintife ought not to be answered, as * 1.3 if he be outlawed, excommunicated, &c. In which latter case the suite shall bee put without day, onely till he be absolued.