faith, that the faid Patrick ought not to have or maintain his faid
action thereof against her; because the fays, that fhe hath fully
administered all and fingular the goods and chattels, which were
the goods and chattels of the faid Samuel at the time of his death,
which have come to her hands to be administered; and that she
the faid Experance hath not, nor on the day of fuing forth of the faid
original writ of the faid Patrick, nor at any time fince, had any
goods or chattels which were the goods and chattels of the faid
Samuel at the time of his death in her hands to be adminiftered;
and this he is. ready to verify: wherefore the prays judgment, if
the faid Patrick ought to have or maintain his said action thereof
against her, &c.
D. POOLE.

The defendant has not pleaded this name in abatement. I think he must now plead by the fame which plaintiff

has given her, and not by her true name
of Experance.

ufe and occupa.

FIRST, that teftator, non affumpfit. 2d. Non affumpfit of tef- Plea (to a detator, infra fex annos. 3d. And for further plea in this behalf, claration against by like leave of, &c. the faid John fays, that the faid William, an executor for actio non; because he says, that the faid John never was execu tion, and comtor of the laft will and teftament of the faid A. B. deceased, nor mon Counts), ever administered any of the goods and chattels which were the that defendant goods and chattels of the faid A. B. at the time of his death, as was not execuexecutor of his faid will; and this, &c. wherefore, &c.

Vide Comyn's Dig. title, Pleader, 2. D. 7.

ever

tor, nor administered,

S. LE BLANC. &c.

minifter.

Similiter to 1ft plea. Iffue on 2d. And the faid William, as Replication, to the faid plea of the faid John, by him laftly above pleaded in that he did adbar, fays, that the faid William, precludi non; because he fays, that he the faid John administered divers goods and chattels which were of the faid Thomas at the time of his death, as executor of

his will, to wit, on, &c. at, &c. and this he prays may be enquired of by the country, &c. Drawn by MR. GRAHAM.

AND the faid Ann, by A. B. her attorney, comes and defends Flea of plene adthe wrong and injury, when, &c. and fays, actio non; because miniftravit, the fays, that he has fully administered all and fingular the goods prater 21. and chattels which were of the faid G. E. at the time of his death, and which have ever come to the hands of her the faid Ann to be adminiftered, except the fum of two pounds twelve shillings and fixpence, of lawful, &c. ; and that the the faid Ann hath not, nor at any time fince, had any goods and chattels which were of the faid G. E. at the time of his death in her hands to be adminiftered, except the aforefaid fum of two pounds twelve fhillings and xpence; and this, &c. wherefore, &c. if, &c. N. GROSE.

(a)Plea of fetoff,

of money due

gainst the plain tiff as adminif.

trator.

RULE
at the fuit of

ACTIO NON; because he fays, that he the faid John hereon a judgment WILSON, ADMINISTRATOR. tofore, that is to fay, in Easter recovered by the defendant aterm, in the third year of the reign of our lord the now king, impleaded the faid M. as adminiftrator; and in the court of our lord the king, before Sir C. Pratt, knight, and his brethren, then his majesty's juftices of the bench, at Weftminster, in &c. in a plea of trespass on the cafe, then and there declaring by A. B. his attorney, against the faid M. as adminiftratrix as aforefaid in that plea; that whereas, &c. (here recite the declaration, and proceed thus) and afterwards, to wit, in Trinity term, in the third year aforefaid, the faid M. came into the faid court of our lord the king, of the bench, at, &c. by C. D. her attorney, and defended the wrong and injury, when, &c. and faid, &c. (here recite the plea, which in this cafe was a judgment outstanding, and plene adminiftravit ultra, &c.) and fuch proceedings were thereupon had, that afterwards, to wit, in Michaelmas term, in the fourth year of the reign of, &c. before Sir C. P. &c. then his majesty's juftices, &c. the faid J. by the confideration of the faid court recovered, &c. (fet forth the judgment), whereof the faid M. as adminiftratrix in form aforefaid, has been convicted, as by the record and proceedings thereof remaining in the faid court of our faid lord the king, of the bench aforefaid, at, &c. more fully appears, which faid judgment ftill remains in its full force, ftrength, and effect, not in the leaft paid, fatisfied, recovered or made void : And the faid John further fays, that the monies recovered by the faid judgment, and now due and owing to the faid J, thereon, exceed the monies due and owing from the faid J. to the faid M. as administratrix as aforefaid, and which the faid M. hath above complained against the faid J. to wit, at, &c.; and that the faid John is ready and willing, and hereby offers to fet off to the faid M. as adminiftratrix aforefaid, out of the damages aforefaid, fo recovered in form aforefaid, all fuch damages as the faid G. in his lifetime, or the faid M. adminiftratrix as aforefaid, have or hath fuftained on occafion of the not performing the faid promifes and undertakings in the faid declaration mentioned, according to the form of the flatute in such case made and provided; and this, &c. wherefore, &c. J. MORGAN.

lifetime gave a

(a) See Set Off, ante.

Plea, by an exe- AND the faid Sarah by A. B. her attorney, comes and defends cutrix, that the the wrong and injury, when, &c. and fays, actio non; because teftator in his fhe fays, that the faid C. N. in his lifetime, to wit, on, &c. at, bond to one A. &c. by his certain writing obligatory, fealed with his feal, and B. which is ftill then and there made for a true and jutt debt, became held and in force, and firmly bound to one R. N. S. N. and one G. G. in the fum of hath fix hundred pounds of lawful, &c. to be paid to the faid R. N. S. N. and G. G. when he the faid C. N. fhould be thereunto afterwards requested, which faid writing obligatory at the time of the death of the faid C. N. was, and ftill is in full force and effect,

fully

adminif

tered except 51.

not cancelled, annulled, difcharged, or fatisfied; and the faid de-
fendant further faith, that he hath fully adminiftered all and fingu-
lar the goods and chattels which were of the faid C. N. at the
time of his death, which have come to her hands to be adminif-
tered, except goods and chattels to the value of five pounds; and
that he hath not, nor on the day of exhibiting the bill of the faid
plaintiff against her, nor ever fince had any goods and chattels,
which were of the faid C. N. at the time of his death in her hands
to be adminiftered, except goods and chattels to the value of five
pounds, which is not fufficient to fatisfy the faid writing obliga
tory, and which is fubject and liable to fatisfy the fame, and this,
&c. wherefore, &c. if, &c.: And for further plea in this be
half, the faid plaintiff by leave of the court, &c. according to the
form of, &c. fays, actio non; because the fays, that the the said
defendant hath fully adminiftered all and fingular the goods and
chattels which were of the faid C. N. at the time of his death,
which have come to her hands to be administered, and that she
hath not any goods and chattels which were of the said C. N.
at the time of his death, nor had the any on the day of exhibit-
ing the bill of the faid plaintiff, nor at any time afterwards, and
this, &c. wherefore, &c. if, &c.
W. BALDWIN.

tion on the cafe,

AND the faid defendant, by A. B. his attorney, comes and de- Plea of bena nofends the wrong and injury, when, &c. and prays oyer of the let-talilia in an acters teftamentary of the faid J. S. in the faid declaration men- at the fuit of an tioned, and they are read to him in these words, &c. &c.; which executor. being read and heard, the said defendant faith, actio non; because he fays, that the faid diocefe of Carlisle is, and at the time of the death of the faid J. S. was within the province of York; and that the faid J. S. at the time of his death, was an inhabitant of and commorant at the city of Carlifle in the county of Cumberland, within the diocese of the bishop of Carlifle: And the faid defendant further fays, that the faid J. S. at the time of his death, and before, had divers goods, chattels, rights, and credits, which were in the feveral diocefes of the archbishop of York and the bishop of Carlisle, and within the faid province of York, to wit, goods and chattels to the value of pounds and upwards, within the faid diocese of the bishop of Carlifle, to wit, at the city of Carlisle aforefaid, and alfo other goods and chattels to the value of other pounds and upwards, within the diocese of the archbishop of York, to wit, at the caftle of York in the county of York; by means whereof the probate of the faid will of the faid J. S. and the commiffion of the adminiftration of the goods and chattels of the faid J. S. did of right belong to the archbifhop of York by the prerogative of the church of York, and not to the bishop of Carlifle or his vicar-general or official, or to any other person, fave only the archbishop of York; and this, &c.: wherefore, &c. if, &c. J. YATES.

Plea of plene ad- AND the faid J. P. adminiftrator as aforefaid, by A. B. his miniftravit pretes, attorney, comes and defends the wrong and injury, when, &c. three pounds in and faith, that he hath fully adminiftered all the goods and chat

money.

Replication(to a

defendants,

in

tels which were of the faid J. P. at the time of his death, which
have ever come to the hands of the faid J. P. adminiftrator as
aforefaid, to be adminiftered, except the fum of three pounds of
lawful money of Great Britain now remaining in the hands of
him the faid J. P. as aforefaid unadministered; and that he the
faid J. P. adininistrator as aforefaid, hath not, nor at the time of
exibiting the bill of the faid plaintiff, or at any time fince, had
any goods and chattels which were the goods and chattels of the
faid S. J. P. deceased in his hands to be adminiftered, except the
aforefaid fum of three pounds, which he now brings into court
here ready to be paid to the faid plaintiff towards fatisfaction of
his damages, by reafon of the non-performing of the said pro-
mifes and undertakings in the faid declaration mentioned by the
faid S. J. P. deceased; and this he the faid J. P. administrator as
aforefaid, is ready to verify: wherefore he prays judgment if the
faid plaintiff ought to have his aforefaid action maintained againft
him, to recover any greater or further fum of money than the
aforefaid fum of three pounds, together with his cofts in this be-
half fuftained.
V. LAWES.

AND the faid Jofeph prays a day to imparl to the faid plea, and plea of plene ad- it is granted him, &c.; and thereupon a day is given to the parmimfiravt) that ties aforefaid to come before our lord the king at Westminster, plaintiff, after the death of next after eight days of Saint Hilary, that is to fay, for the faid teftator fucd out Jofeph to imparl to the faid plea, and then to reply to the fame, a latitat against &c.; at which day, before our lord the king at Weftminster, order for them came the parties aforefaid, by their attornies aforefaid: And the to put in com- faid Jofeph fays, that he, by reafon of any thing by the faid mon bail, that H. and J in their faid plea above alledged, precludi non; because he might exhi he fays, that he the faid Jofeph, for the recovery of his damages that at the time by him fuftained on occation of the not performing of the faid feof exhibiting veral promifes and undertakings in the faid declaration mentioned defendants had after the death of the faid A. C. to wit, on, &c. at, &c. fued and goods, profecuted out of the court of our lord the now king, before the

bit his bill, and

divers

&c.

king himfelf (the faid court then and still being held at Weftminster in the county of Middlefex), a certain writ of our faid lord the king called a latitat, against the faid H. and J. directed to the then theriff of G. by which faid writ our faid lord the king commanded the faid heriff that he fhould take the faid H. and J by the names and defcriptions of, &c. if they might be found in his bailiwick, and them fafely keep, fo that the faid fheriff might have their bodies before our lord the king at Westminster on, &c next after, &c. then next following, to answer to the faid Jofeph in a plea of trefpafs; and that the faid fheriff fhould then have there that writ, as by the faid writ may more fully and at large appear; which faid writ fo fued and profecuted out of the faid court, was fo fued and profecuted out of the faid court by

the

the faid Jofeph against the faid H. and J. with an intent that the
faid H. and J. might each be ferved refpectively, with a copy
thereof, according to the form of the ftatute in fuch cafe made
and provided, and be thereby compelled to file and put in com
mon bail at the return thereof in the faid court of our faid lord
the king, before the king himself, at the fuit of the faid Jofeph;
and that the faid Joseph might, upon fuch their filing and putting
in fuch their common bail, exhibit his bill against the faid H. and
J. as adminiftrator of all and fingular the goods, &c. which were
of the faid A. C. deceased at the time of his death, with the will
of the faid A. C. annexed, for the recovery of his damages afore.
faid: And the faid Jofeph further fays, that afterwards, to wit,
on, &c. the faid H. was ferved in due manner with a copy of
the faid writ; and afterwards, to wit, on, &c. the faid J. was
likewife ferved with a copy of the faid writ according to the form
of the statute in fuch case made and provided, to wit, at, &c. and
then and there had notice of the faid fuit of the faid Jofeph: And
the fad Jofeph further fays, that at the return of the faid writ,
to wit, on, &c. next after, &c. therein mentioned, before our
lord the king at Westminster, came as well the faid Jofeph by his
faid attorney, as the faid H. and J. by their faid attorney; and
thereupon the faid Jofeph then and there, to wit, in and of Mi-
chaelmas term, in the twenty-first year of, &c. exhibited his
bill against the faid H. and J. in the faid court here in manner
and form aforefaid: And the faid Jofeph fays, that the faid H.
and J. at the time of fuing out and profecuting the faid writ of
latitat of the faid court here, and afterwards, and after the faid
H. and J. were ferved with copies thereof, and had notice of the
faid fuit of the faid Jofeph as aforefaid, had divers goods and
chattels which were of the faid A. C. at the time of his death,
in their hands, to be administered to the value of the damages
aforefaid by the faid Joseph above demanded, wherewith the faid
H. and J. might and ought to have fatisfied the faid Jofeph his
damages aforefaid, to wit, at, &c.; and this, &c.; wherefore he
prays judgment and his damages, by reafon of the premises to be
adjudged to him, &c.
F. BOWER,

at the time of

And the faid H. and J. as to the faid plea of the faid Jofeph by Rejoinder to the him above pleaded by way of reply to the faid plea of the faid laft replication, H. and J. by them above pleaded in bar, fay, that notwithstand- that defendants, ing any thing by the faid Jofeph in his plea fo pleaded by way exhibiting the of reply alledged, he the faid J. ought not to have his aforefaid bill of plaintiff, action thereof maintained against them, because they fay, that had not any though true it is that the faid Jofeph did fue and profecute out of goods, &c. the faid court of, &c. now here, the faid writ of latitat in his faid plea fo pleaded by way of reply mentioned, and that they the faid H. and J. were refpectively ferved with a copy thereof, and had potice of the faid fuit of the faid Jofeph as the faid Jofeph hath above in his faid plea fo pleaded by way of reply alledged: yet for rejoinder in this behalf, they the faid H. and J. fay, that they the faid

P 4