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![handle is hein.slavery/ssactsengr0996 and id is 1 raw text is: PLEADINGS TO THE CASES
for the payment of the said 120 pieces of gold, and assumed upon himself, as the said
William by the declaration aforesaid above bath supposed; by reason of which
premisses, and by force of the statute in that case made and provided, the said first bill of
exchange by him the said Alexander as aforesaid accepted, and the acceptance thereof
and the promise and undertaking of him the said Alexander, by him the said
Alexander as aforesaid made, became and were, and now are, void and of no force in
law ; and this he is ready to verify : wherefore he prays judgment, if he by virtue of
the bill of exchange aforesaid by the aforesaid Lord Chandois, against the form of the
statute aforesaid as aforesaid given and made, and by him the said Alexander in form
aforesaid accepted, ought to be charged, &c. And the said William saith, that he by
.any thing by the said Alexander above in pleading alledged, as to the first promise
and undertaking aforesaid, ought not to be barred from having his said action thereof
against him the said Alexander, because he saith, that the plea aforesaid by the said
Alexander in manner and form aforesaid above pleaded, and the matter in the same
contained, are not sufficient in law to preclude him the said William from having his said
action thereof against the said Alexander; to which said plea [98] he the said William
bath no necessity, nor is he bound by the law of the land in any manner to answer;
and this he is ready to verify : wherefore for want of a sufficient answer in this behalf,
he the'said William prays judgment and his damages, by occasion of the non-perform-
ance of the said first promise and undertaking, to be adjudged to him, &c. And for
cause of demurrer in law in this behalf, according to the form of the statute in that
case made and provided, he the said William sheweth, and to the Court here demon-
strates these causes following, that is to say, that the plea aforesaid amounts only to
the general issue, and also is double, perplexed, uncertain, and wants form, and also is
no answer to the declaration aforesaid. And the said Alexander saith, that the plea
aforesaid by him the said Alexander, as to the first promise and undertaking in
manner and form aforesaid above pleaded, and the matter in the same contained,
are good and sufficient in law to bar him the said William from having his said
action thereof against him the said Alexander; which said plea, and the matter
in the same contained, he the said Alexander is ready to verify and prove, as the
Court, &c. And because the said William hath not answered to that plea, nor
hitherto in any manner denied it, he the said Alexander, as before, prays judg-
ment, and that the said William may be barred from having his said action thereof
against him the said Alexander, as to the said first promise and undertaking, &c.
But because the Court of the said lord the King now here is not yet advised of
their judgment to be given of and upon the premisses, day thereupon is given to
the parties aforesaid before the lord the King at Westminster, until- next
after to bear their judgment of and concerning the premisses, for that the
Court of the said lord the King is not yet, &c. And as well to try the issue
aforesaid between the parties aforesaid above joined by the country to be tried,
as to inquire what damages the said William Hussey liath sustained by occasion
of the premisses aforesaid, whereupon the parties aforesaid have put themselves
upon the judgment of the Court, if judgment thereupon shall happen to be given for
the said William against the said Alexander Jacob, let a jury thereupon come before
the lord the King at Westminster at the said day, and who neither, &c., to take
cognizance, &c. because as well, &c. The same day is given to the parties aforesaid
there, &c.
[99] PLEAS BEFORE THE LORD THE KING AT WESTMINSTER'OF THE TERM OF SAINT
HILARY IN THE SIXTH YEAR OF THE REIGN OF THE LORD WILLIAM THE
THIRD, KING OF ENGLAND, &C. ROLL 729.
LEIGH against BRACE. 2 Ld. Raym. 101.
Count in ejectment.
Worcestershire, (to wit).-Be it remembred, that on Wednesday next after eight
days of Saint Hilary in this same term before the lord the King at Westminster came
K. B. xxi.-19*
3 LD. RAYM. 9&
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