the Denomination of iffuable Pleas, yet they are most commonly ranked with them as fuch, though they are rather a Confeffion of the Truth of the Plaintiff's Declaration; as Non fum informatus, or, I am not informed to say any thing in Bar, &c. Nil dicit, or, He fays nothing in Bar, c. Cognovit A&tionem, or, He confeffes the Action, &c. These were framed by the Court, to be used when the Defendant neglected to plead in Time, and by his Silence implied a Confeffion of the Action; for without fuch Means the Plaintiff could obtain no Satisfaction by his Suit: Or else they were really pleaded by the Defendant himfelf, in order to give the Plaintiff Judgment for his Demand, without the Expence of going to a Trial.

With refpect to Pleading in general, it may be neceffary to understand that the Tenor of the Writ is to compel the Defendant to appear in Court at the Return thereof, and defend the Plaintiff's Charge against him; at which Time, anciently, every Defendant, either in Perfon or by his Attorney, did actually appear, and plead what they had to fay in their Defence, Ore tenus at the Bar. If it was any special Matter, the Counfel fpoke fuch Matter at the Bar, and the Plaintiff's Counsel did likewise Ore tenus reply thereto. And the Prothonotaries, and their Entering Clerks, (whofe Bufinefs it was) did enter fuch Pleadings in Books and upon Rolls, from which they transcribed the Iffue Roll. But if it appeared to the Court, upon opening the Matter, that the Plaintiff had no Right to maintain his Action, the Judges ex Officio abated the Writ, or otherwife gave a further

H 2

Mil debet in Debt qui tam, &c. in the King's Bench.

And the faid C. D. by R. B. bis Attorney comes and defends the Force and Injury, when, &c. and fays that he does not owe to our faid Lord the King and the faid A. who as well, &c. the faid 401. nor any Part thereof, in Manner and Form as the faid A. who as well, &c. above complains against him. And of this be puts himself upon the Country.

Mil debet in Debt, qui tam, &c. in the Common Pleas

And fays that he does not owe to our faid Lerd the King, and to the faid A. who as well &c. the faid 401. or any Part thereof, in Manner and Form as the faid A. who as well, &c. bas above declared against him. And of this be puts himself upon the Country.

Mon detinet in Debt in the King's
Bench.

And the faid C. D. by R. B. bis Attorney, comes and defends the Force and Injury, when, &c. and fays that he does not detain from the faid A. C. the faid 301. or any Part thereof, in Manner and Form as the faid A. B. above complains against him. And of this he puts bimfelf upon the Country.

Mon detinet in Debt in the Common Pleas.

Is Word for Word the fame as in the King's Bench.

Mon detinet in Cafe in both Courts.

And fays that he does not detain from the faid A. B. the faid Goods and Chattels, in the faid Declaration Specified, or any Part of them, in Manner and Form as the faid A. above complains against him. And of this, &c.

Mil debet nec detinet in both Courts.

And faith that he doth not owe to the faid A. B. the aforefaid 301. nor any Part thereof, in Manner and Form as the faid A. bath above declared against him; nor doth be detain from the aforefaid A. the Horfe aforesaid, in Manner and Form as the faid A. bath above declared against him. And of this, &c.

Mon infregit Conventionem for either Court.

And the faid C. D. by R. B. &c. and fays that be did not break the faid Covenant (or Covenants, or any one of them) in the faid Declaration above Specified, in Manner and Form as the faid A. above thereof complains against

H 4

bim.

further Day to the Parties to reply, rejoin, &c.

But as the Business increased, and flowed in from the Hundred and County Courts, this Method became burthenfome both to the Clerks and the Courts; and therefore, as obferved before, Attornies received the Care of carrying on the Pleadings till an Ifue was joined: but on bringing in the Ifue Roll, they paid for the Entries, as if entered by the Prothonotaries themselves.

Thefe Pleadings, Cuftom and Ufe had brought to a general Form in general Cases; and what in fuch Cafes used to be spoken of course at the Bar, came at length to be given of course in Writing by the Defendant's Attorney, and are called general Pleas, or general Iffues; and are as follow:

Mon eft Fadum to a Bond in the King's Bench.

And the faid C. D. by R. B. bis Attorney, comes and defends the Force and Injury, when, &e. and fays that he ought not to be charged with the faid Debt by Means of the faid Writing Obligatory, because he fays that the faid Writing Obligatory is not bis Deed. And of this he puts himself upon the Country.

Non eft Fadum to a Bond in the
Common Pleas.

And the faid C. D. by R. B. bis Attorney, comes and defends the Force and Injury, when, &c.

and fays that he ought not to be charged with the faid Debt by virtue of the faid Writing, because be fays that the faid Writing is not bis Deed. And of this he puts himself upon the Country.

Non eft Fadum, by an Erecutoz o2 Adminiftrator, foz either Court.

And fays that he ought not to be charged with the faid Debt, by virtue of the faid Writting, because be fays that the faid Writing is not the Deed of the faid J. S. (the Teftator) and of this he puts himself upon the Country.

Mil debet in the King's Bench.

And the faid C. D. by R. B. bis Attorney comes and defends the Force and Injury, when, &c. and fays that he does not owe to the faid A. B. the aforefaid 301. nor any Part thereof, in Manner and Form as the faid A. B. above complains against him. And of this he puts bimfelf upon the Country.

Mil debet in the Common Pleas.

And fays that he does not owe to the faid A. B. the faid 301. or any Part thereof, in Manner and Form as the faid A. has above declared against him. And of this he puts bimfelf upon the Country.