coke a baker case Trin Elizabeth in the king bench if a party demurrer to  evidence be must admit the evidence to be true and the other party must join  in demurrer or waive his evidence the king may refuse to join in demurrer but  in such case the court ought to direct the jury to find a special verdict the  king may waive a demurrer and take issue at his pleasure SC Cro Elizabeth upon  evidence in a ejection firm between Middleton and baker it be resolve by the  whole court that if the plaintiff in evidence a   light a Doct pl a show any  matter in write or of record or any sentence in the ecclesiastical court upon  which a question in law arise and the defendant offer to demurrer in law upon  it the plaintiff can refuse to join in demurrer b   light a Doct pl b but he  ought to join in the demurrer or wave his evidence so if the plaintiff produce  c Doct pl c witness to prove any matter in fact upon which a question in law  arise if the defendant admit their testimony to be true there also the  defendant may demurrer in law upon it but then he ought to admit the evidence  give by the plaintiff to be true and the reason thereof be that matter in law  shall not be put to layman so may the plaintiff demurrer upon the defendant  evidence different to move but if evidence be give for the a Cr Elizabeth    light a Doct pl a king in a information or any other suit and the defendant  offer to demurrer upon it the king counsel shall not be compel to join in  demurrer but in such case the b Cr Elizabeth Doct pl b court ought to direct  the jury to find the special matter and upon that they shall adjudge the law  as it appear h c Cr Elizabeth   light a dyer pl c dyer but that be by d l Mod  Rep d the king prerogative who also may wave e hard Plowd a a e a e b e a  demurrer and take issue at his pleasure notam bene a but the court may deny  and hinder a party from demurrer by overrule the matter in demurrer if it seem  to they to be clear in law Worsey v Filliker roll Rep bull n p and in a  demurrer to circumstantial evidence the party offer the evidence be not oblige  to join in demurrer unless the party demurrer will distinct admit upon the  record every fact and every conclusion which the propose evidence conduce to  prove Gibson v hunter h Bl a