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Pleas in Barr.
Barr is good at the first shew, or by common reason and intent, such intent is a Plea, which hath not more vehe∣ment presumption then to intend contrary; but if the in∣tent be indifferent, it is not good at the first shew by In∣tendment.
FOrmedon in Discender, that he gave not, is good, and yet it may be that he did recover in value, but the most pressing Intendment is to the contrary: but if in Debt, I plead Release bearing Date after the Obligation, it is not good, at the first face, unlesse he saith, that it was deli∣vered after the Obligation: Plowd: Com. f: 32
Forging of Deeds, the Defendant saith, that he himself was seised at the time of the Forgery, and it might be by Disseisin, but it shall not be intended, and for that it is good, at the first shew; 8 H. 6. f. 34
Trespasse, that he entered into a Warren, the Defen∣dant pleads his Free-hold, and it is good, and yet one may have the Warren, and another the Free-hold; 44 E. 3. f. 12 17 E. 4. f. 6 10 H. 7. f. 24 & 34 H. 6. f. 28
Trespasse in a severall fishing, the Defendant pleads that the place is his Free-hold, and is good, as above at the first face; 18 H. 6. f. 29 10 H. 7. f. 24 20 H. 6. f. 4 17 E. 4. f. 6 & 18 E. 4. f. 4
Assise of Mortdancester, because his Mother took the ha∣bit of Religion, the Defendant saith, that your Mother had a Husband alive when she entered into Religion, and it is not good; for it is indifferent whether he be alive or not, and for that he ought to aver, that the Husband is yet alive; 5 E. 4. f. 3
Trespasse of Goods, &c. the Defendant justifies that the property was to J. S. which gave them to him at D. and though he do not say, where the property was in him, it shall be intended at D. and good; 1 E. 5. f. 3
It is said there, though the Barr be good to common intent, yet it shall not be good where parcell of the sub∣stance is left out, but where such things are left out, which by special intendment, and not by general intend∣ment,