case xxxv e Fitzherbert verdict h e h Fitzherbert ass a abbot bring a assize  against a husband and wife they plead no wrong no seize the assize find upon  evidence give by the husband that the abbot have make a release of his right  to the husband and wife after the seize by duress but not by duress of his  body resolve that the abbot shall recover for the husband and wife ought to  have plead this release Jenkins for this release be a imply confession of the  seize and repugnant to the plea of nul tort nul seize as in waste the  defendant plead no waste do and give a release in evidence it be of no use for  the evidence be repugnant to the plea resolve by the king council contrarian  allega non be to hear if a release be make before the seize as if the  disseizee release to the seize and afterward the disseizee enter and ousts he  and be reousts the disseizee and the disseizee bring a assize the recognitors  without the plead of this release may find there be no seize for the release  be before the suppose seize so if the lessor release to the lessee for year  and his heir and the lessee upon ousting of he after the say release bring a  assize against the lessor the juror upon evidence of the say release may find  no seize for the release be before the suppose seize so upon the general issue  in a assize the recognitors may find a feoff upon condition and that the  plaintiff enter for the condition break when a release be plead be it a  release after seize or before seize without show it to the court though the  jury find it none be show to the court regular it be worth nothing for the  court ought to judge what force this release have in law if a tenant or  defendant plead a deed of a thing which can it pass without deed it ought to  be show to the court and the court shall judge upon this deed whether it be  sufficient in law or not but where the general issue be plead in any action  and Jenkins er p a deed or will be give in evidence to the jury if the jury  will they may take upon they the knowledge of the law and give a general  verdict if they err for their presumption and falsity they shall be punish in  anattaint if they find the special matter and conclude against law the judge  shall judge accord to the special matter and reject the conclusion in case  where charter have be lose by fire burn of house rebellion or when robber have  destroy they the law in such case of necessity allow the proof of charter  without show they need compose to be for sale quod alias non be to be for sale