case lix dally pl e estoppel return de aver addition a be plaintiff against b  they be at issue upon the seize of the rend upon the return of the venire  facias b plead that after the last continuance a be outlaw at the suit of b by  the name of a of dale husbandman a reply that he be at the time of this suit  and always be a yeoman and not a husbandman pen this issue a be outlaw at the  suit of c by the name of husbandman and take upon it by a capias utlagatum and  he plead as above and a to know facias be award against c and issue be join  between they and it be find that a be a husbandman and not a yeoman yet the  say issue shall be try again between a and b and if it be find against the  plaintiff the defendant shall have a return upon the avowry which he have make  by all the judge of England res inter elsewhere acta no one debet mocere e  Fitzherbert estoppel where the plaintiff in replevin be nonsuit the defendant  shall have a return without make a avowry if the defendant plead in abatement  of the writ and the writ abate it be say that he ought to make a avowry to  have a return if the avowry be for damage pheasant and the return be have and  the plaintiff tender sufficient amends and the defendant refuse it a writ  shall issue to the sheriff and upon payment of the damage certify the  plaintiff shall have his cattle James cro where the writ abate the defendant  shall have a return without a avowry as upon a nonsuit Jenkins er p husbandman  and yeoman be different addition Jenkins where the defendant be take by capias  utlagatum and have not his true addition and this be plead a to know facias  shall be award against the plaintiff to maintain the addition in the writ if  it be find with the defendant he shall be discharge for the outlawry remain in  force against he who be so name in the original in the principal case if the  last issue be find with the plaintiff or defendant the first issue shall not  be inquire of for it be waive it be otherwise upon demurrer join if at another  day after continuance a plea be plead and issue join upon it and it be find  with the plaintiff or defendant the demurrer be not waive for in this case it  can be waive without the assent of the court and the matter of fact be confess  by the demurrer and the court notwithstanding this issue find for the  plaintiff or defendant will give judgement upon the demurrer a plea may be  waive but not a confession a the first of may the of Charles I make a feoff of  his land to b and commit felony on the three of may c and the indictment of  this felony commit by he be the I may c a be arraign upon it and confess the  indictment and be bang this do not destroy the estate of b it will be  otherwise if he be convict by verdict because of the negligence of b that he  do not inform the judge and the jury of the truth of the matter Jura to watch  to come to help non to sleep