or the tenement. And for that contracts in covenants are infinite it would be difficult to make mention of each particular; but according to the nature of each covenant by the affirmation of the one party and the denial of the other, it will either come to be tried by inquest upon the fact; or it will come to an acknowledgement of the writings brought unto judgment, and according to that acknowledgement judgment will be awarded; or the writings will be denied; and then it will come to an inquiry into the making of the writings by the witnesses named in the writing, if there be such, together with the jury: and if there should be no witnesses named, or they should be dead, then by the jury only.
XI. Concerning the Fourth Article, to wit, Personal Trespasses:
Whereof it is provided that all trespasses wherein the damages do not exceed forty shillings shall be pleaded before the Sheriff in the County Court without Writ by gages and pledges: trespasses that exceed the sum of forty shillings shall be pleaded before the Justice of Wales after this manner: The plaintiff, before he be heard by the Justice, shall swear that his demand exceedeth the sum of forty shillings; and this being done, and pledges to prosecute found, the Justice shall command the Sheriff or bailiff of the place that he cause to come before him within a short term, him of whom complaint is made; and the plaintiff's complaint being heard, the defendant shall make his answer: And since in a plea of trespass the defendant can hardly do otherwise than make his defence by the country, the Justice, by consent of parties, shall make inquiry of the truth by lawful inquest, and that inquiry made, if he find the defendant guilty, he shall punish him by imprisonment or by ransom or by amerciament, and payment of damages to the injured party, according to the quality and the quantity of the offence: So that this punishment be for example to others, and make them fear to offend, and whereas mention is made above of the consent of parties, it may happen that the defendant will refuse the trial by the country; in which case if the plaintiff offer to verify the trespass done unto him by the country, and the defendant refuse the same, he shall be taken for convict, and shall be punished as though he were convict by the country.
