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CCXXXV. Sir Gervase Clifton's Case. Mich. 29 Eliz. In the Kings Bench.
* 1.1IN a Quo Warranto against Sir Gervase Clifton, It was shewed, That the said Sir Gervase was seised of a Mannor, and of a House, in which he claimed to have a Court, with View of Frank-Pledge; and that he without any Grant or other authority usurpavit Libertates praedictas. The Defendant pleaded, Quod non usurpavit Libertates praedictas infra Messuagium praedict. modo & forma. And upon that, there was a Demurrer in Law; For the Defendant ought to have said, Non usurpavit Libertates praedictas, nec eorum aliquam; for he ought to answer, singulatim: And also he ought to have pleaded as well to the Mannor, as to the House; For if the Defendant hath holden Court within any place within the Mannor, it is sufficient. See 33 H. 8. Br. Franc. sans ceo, 364. An Information was in the Exchequer, That the Defendant had bought Wooll of A.B. contra Statutum. The Defendant pleaded, That he had not bought of A. and B. The Plea was not allowed; but he shall plead, That he had not bought modo & for∣ma: For if he hath bought of A.B. or J.S. the same is not mate∣rial nor traversable. Which Case, Cook denyed to be Law. And he also conceived, That the Information upon the Quo Warranto, is not sufficient; For by the same, the Defendant is charged to hold a Court, and it is not shewed what Court; For it may be a Court of Pipowders, Turn, &c. See 10 E. 4. 15 & 16. acc.
Shute, Iustice, The Quo Warranto contains two things in it self; 1. A Claim. And, 2. An usurpation; and here, the De∣fendant hath answered but to the Vsurpation, but saith nothing to the Claim. And it hath been holden in this Court heretofore, That he ought to answer to both.
And he said, That it hath been holden in a Reading upon the Statute of Quo Warranto, which is supposed to be the Reading of Iustice Frowick, That a Quo Warranto doth not lie upon such Liberties which do not lie in Claim; as Felons goods, &c. which lieth only in point of Charter.