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DEbt against the Administrators of J.S. Defendant saith that J. S. made him Executor, Judgement of the VVrit, he shall say without that, that he died inte∣state,
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for this is alledged by the Plaintiffe, 9 H. 6. fol. 7.
11 H. 4. fol. 88 Trespasse of taking six beasts, the Defendant iustifies the taking of them by agree∣ment, the Plaintiffe saith, they were other six, and ought to traverse without that, that he took those six in the Ne∣gative.
11 H. 6. f. 1. VVrit upon the Statute of Labourers, and counts, that the Defendant was a Vagrant, and he re∣quired him to serve, and he refused, Defendant saith, that he was in the Service of J. S. and shall say without that, that he was a Vagrant.
1 H. 6. f. 15. Formedon in Reverter, and counts of a gift in Tail, the Defendant saith, that the Donor gave in Fee, and it is not good, but he shall say without that, that he gave in Tail.
10 H. 6. f. 7. Account for the Heire, against a VVoman Guardian in Socage, Defendant saith, that the father of the Insant held of her in Knights Service, and died, and Defendant seised him, and he ought to say without that, that he held by Knights Service.
14 H. 8. fol. 4. The Avowant saith, that W. the tenth day of February, year twenty five granted, his Interest to him, and avowed doing damage, Plaintiffe saith, that W. the first day of Feb. year twenty five granted, his Inte∣rest to him, and he put in his beasts without that, that he granted that to the Avowant, before he granted that to him, and good.
38 H. 6. f. 17. Action upon the Case, of that, that he hath Leet and Fines, and Amerciaments of the same, De∣fendant saith, true it is, that the Plaintiffe hath Leet, but that he the Defendant hath Fines, and Amerciaments, he ought to say without that, that the Plaintiffe, hath the F••nes and Amerciaments.
18 H. 6. f. 8. Debt upon an Obligation dated the twen∣tieth of Aprill, and first delivered the second of May, the Defendant pleads Release the last day of April, and that the Obligation was delivered when it bore date, and for that, that he hath not traversed in the Negative, that is to say, without that, that it was first delivered, the second day of May, it is not good.
32 H. 6. f. 4. Debt, and Counts of a Lease of a House,
rendering twenty shillings; Defendant saith, that he let the House and four Acres rendering twenty shillings, and ought to traverse, otherwise it is but an Answer by Argu∣ment.
32 H. 8. f. 8. Debt against Executors, Defendant saith, that the Testator died intestate, that the Administration was granted to him, he ought to say, without that, that he is Executor, or administred as Executor.
1 H. 7. f. 13. Debt upon a simple Contract, Defendant saith, it was upon Condition, and shall say, without that, that he sold in manner and form.
4 H. 7. f. 9. Partition, Defendant saith, that he was onely seised, and shall say, without that, that he held as undi∣vided; 6 H. 7. f. 5.
4 H. 6. fol. 4. Debt against J. S. of D. Defendant saith, that he is dwelling at S. and shall say, and not at D. 19 H. 6. f. 1. the same.
7 Ed. 4. f. 16. Scire facias against a Parson for Arrerages of an Annuity, Defendant saith, that before the Writ purchased, he resigned to the Bishop of L. and so that re∣maines in his hands, Judgement of the Writ, and it is no Plea, for it is but an Answer by Argument; and for that he shall say, without that, that he was Parson; day of the Writ purchased, or afterwards.
11 Ed. 4. fol. 4. Action upon the Statute of Rich. by J. Freestone, Defendant saith, that the Master of the Colledge of Maidstone, and his fellow-brethren let, &c. Plaintiff saith, at the time of the making of the Lease, there were not any fellow-brethren of the said Col∣ledge, and this is but an Argument, and for that he shall say, without that, that the Master and his fellow-bre∣thren let.
14 H. 8. f. 29. Issue shall be upon Affirmative and Nega∣tive.
9 H. 7. fol. 13. Trespasse, Defendant justifies for Fealty not made; the Plaintiff saith, it was not unmade, and good in the Negative.