aforefaid until the day of exhibiting of the bill of the said A. were well and truly observed, performed, fulfilled and kept, according to the true intent and meaning of the faid indent ure; and of this he puts himself upon the country.

Gen. Iffue. And the plaintiff likewise..

That the Plaintiff hath not demifed,

I. B.

G. N.

And the faid C. comes, &c. &c. and faith, That the faid A. hath not demifed to the faid C. the meffuage or tenement aforefaid, and the rest of the premises, with the appurtenances, in manner and form as the faid A. above against him complains; and thereof puts himself upon the country.

Gen. Iffue.

And the plaintiff likewife.

5. IN TROVER.

I. B.

G. N.

AND the faid C. comes and defends the force and injury when, &c. and faith he is not guilty of the premises upon him above impofed in manner and form as the faid A. above complains against him; and of this he puts himself upon the country. Gen. Ifue..

And the plaintiff likewife..

6. IN SLANDer..

Not Guilty.

AND the faid C. by his attorney, comes and defends the force and injury when, where, &c. and faith, That he is not guilty of the premises above charged upon him, in manner and form as the faid A. above against him complains; and of this he puts himself on the country.

And the plaintiff likewise.

7. IN TRESPASS.

AND the faid C. by his attorney, comes and defends the force and injury, when, &c. and faith that he is not guilty of the trefpafs, (or of the affault and battery) aforefaid, as the faid A. above complaineth against him; and of this he puts himfelf upon the country.

And the plaintiff likewise.

.8. IN EJECTMENT.
Not Guilty.

AND the faid C. by his attorney, comes and defends the force and injury, &c. when and where, &c. and faith he is not guilty of the trefpafs and ejectment aforefaid in manner as the faid A. B. hath above against him complained; and therefore puts himself on the country. Iue. And the plaintiff likewife.

That the Defendant did not take, c.

AND the faid C. by his attorney, comes and defends, &c. and faith he did not take the faid cattle as the faid A. hath above against him complained; and therefore puts himself on the country.

Lue.

And the plaintiff likewife.

SPECIAL PLEAS.

A Plea to the Jurifdiction of the Court.

AND the aforefaid C. in his own proper perfon, comes and defends the force when, &c. and fays that the cause of action of the aforefaid A. hath accrued to the faid A. at out of the jurifdiction of this court, and not at

or in any other place within the jurifdiction of the court and this he is ready to aver as this court fhall think fit Wherefore he faith, that the court here ought not, nor cannot have or hold cognizance of the plea aforefaid.

A Plea of Mifnomer in Abatement.

AND the aforefaid C. by J. B. his attorney, comes and defends the force and injury when and where, and as this court fhall think fit; and prays judgment of the bill aforesaid, because he faith, That he the faid C. is called and known by the name of, &c. and by the fame name and firname, from the time of his nativity hitherto hath always been called and known, and not by the name of C. D. as in the bill above is contained. And this he is ready to aver : whereof he prays judgment of the bill aforesaid, and that the bill be quafhed, &c.

IN DEBT.

A Plea of a Judgment that there is no fuch Record. AND the aforefaid C by his attorney, comes and defends the force and injury when, &c. and faith, That the said A. ought not to have or maintain his action aforefaid thereupon against him, because he faith there is no fueh record of the recovery of the debt and damages aforefaid between the faid A and the aforefaid C. in the faid court of, &c. of the aforefaid term of, &c there remaining, as the aforefaid A. hath in his declaration above alleged, and this he is ready to aver. Whereupon he prays judgment if the faid A. ought to have or maintain his action aforefaid against him.

IN CASE..

A Plea of Payment in full of all Demands.

day, &c.

AND the aforefaid C. by J. B. his attorney, comes and! defends, &c. and faith, That the aforefaid A. ought not to have or maintain his action aforefaid thereupon against him, because he fays, That he the faid C. on the in the year, &c. at: aforefaid,, did pay to the faid A. twenty dollars, in full fatisfaction and discharge of all debts and demands whatfoever before that time due to the faid A. by the faid C. which faid twenty dollars the faid A. then and there had and received from the faid C.; and this he is ready to verify. Whereupon he prays judgment if the said A. ought to have or maintain his action aforefaid thereupon against him.

IN ACCOUNT.

That the Defendant hath fully accounted with the Plaintiff.

AND the faid C. comés, &c. and saith, That the said A. ought not to have or maintain his action aforefaid thereon against him, because he fays that he the faid C. after the aforefaid time, wherein it is alleged that he was bailiff of the faid A. of his goods and chattels aforefaid, that is to fay, on the day, &c. in the year, &c. at aforefaid, did fully account with the aforefaid A. concerning the fame goods, &c. and thereupon did pay to the said A. &c; and this he is ready to verify. Wherefore he prays judgment if the faid A. ought to have or maintain his action aforesaid there on against him..

IN COVENANT.

That all Covenants are performed.

AND the faid C. by, &c. comes, &c. and as to the breaking of the covenant aforefail, the faid C. faith, That the aforefrid A. his action aforefaid against him ought not to have, because he faith, That the faid brick walls of the houfe aforefaid, and the tile covering of the faid houfe now are, and during the whole time in the declaration aforesaid, above fpecified, were well and fufficiently repaired, and in good tenantable condition, without that the faid C. fuffered the faid walls and covering to be ruined and in decay for want of reparation of the fame. And this he is ready to prove. Whereupon he prays judgment if the faid A. ought to have or maintain his action, &c.

IN TROVER.

AND the faid C. by his attorney, comes and defends, &c. and faith, That the faid A. ought not to have or maintain his action aforefaid, against him, because he fays that the town of is an ancient town, and in the faid town there is had, and from the time whereof the memory of man is not to the contrary, there always was had and kept a common market every day in the week, in the day time, from the rifing until the fetting of the fun, of the fame day, in all open places of the faid town (Sundays only excepted) for all perfons freely to buy or fell, in which one party of the contractors is as inhabitants and freemen of the faid town. And the faid C. further faith, That the day of

in the year of abovefaid, being Tuefday, one C. T. at aforefaid, was poffeffed of the filver tankard aforefaid, and fo being poffeffed thereof, then and there in the day time of the faid day, &c. after fun-rifing and before fun-fetting of that day, that is to fay, at eleven o'clock in the forenoon of the faid day, for four dollars unto the faid E. by him the faid C. in hand paid, then and there in the open market of the faid town, the faid tankard in the faid open market then being, did bargain and fell unto the faid C. the tankard aforefaid, the faid C. then being an inhabitant and freeman of the faid town, whereby he the faid C. was poffeffed of and entitled to the faid tankard, as of his proper goods; and being fo entitled thereto, the faid tankard after wards, that is to fay, the faid day of in the -year

of, &c. abovefaid, at the said C. did difpofe and convert, as it was lawful for him to do: Without that, That he is guilty of any other converfion of the faid tankard to his ufe in manner and form as the faid A. by his declaration aforefaid hath alleged ; and this he is ready to verify. Whereupon he prays judg ment if the faid A. ought to have or maintain his faid action against him, &c.

aforefaid, to the proper ufe of him

IN SLANDER,

Fuftification.

AND the aforefaid C. by his attorney, comes and de fends the force and injury, &c. and faith, That the said A. ought not to have or maintain his action, &c. because he faith that before the fpeaking of the words aforefaid, that is to say, on the day, &c. in the year, &c. one F D. uncle of the aforefaid C. was poffeffed of three cocks of barley, being in a certain clofe of land of the faid F. in, &c. aforefaid, as of his own proper goods and chattels, and being fo thereof poffeffed, the faid A. afterwards, that is to fay, the fame day and year abovefaid, the aforefaid three cocks of barley of him the faid F. in the close aforefaid, then being, did take and carry away; whereof the faid C. the aforefaid day, &c. in the year, &c. did fay of the aforefaid A. the aforefaid English words in the declaration above specified, that is to fay, The faid A. is a thief, and fiole my uncle's barley, Ec; and this he is ready to verify. Wherefore he prays judgment if, &c. IN TRESPA38.

Of Freehold and the Defendant's own Lands.

AND the faid C. by his attorney, comes and defends the force and injury when, &c. and faith, That the faid A. ought not to have or maintain his action aforefaid against him, becaufe he fays that the clofe aforefaid called, &c. in which the trefpafs in the declaration above is fuppofed to be done, is. and at the time of that fuppofed trefpafs was, the foil and freehold of the faid C. by which the faid C. at the faid time, the close aforefaid as the proper foil and freehold of him the faid C. then entered; and the grafs aforefaid, as the proper grafs of the faid C. in the fame clofe, in which &c. as in the proper clofe, foil and freehold of the faid C. then growing, with the cattle aforefaid, eat up, trod down