Aylesworth against Harrison Aylesworth against Harrison in debt against a  executor the question be whether he may plead plene to manage and give in  evidence a debt in which the testator be indebt to he or whether he may plead  the special matter that plea amount but to the general issue and it be argue  by Harris sergeant the defendant may plead the special matter and shall not be  bind to the general issue to leave that to the lie people who may suppose such  a retainer to be a administration and be vouch the e if a man illiterate scale  a deed which be read to he in another manner c and he deliver that as a escrow  to be deliver over as his deed upon condition perform and this be deliver over  before the condition perform he may in this case plead the special matter and  conclude so not his deed or if he will he may plead the general issue winch of  non be factum and so be h in dower the tenant say that before marriage the  husband feoff he and that after the tenant let to he at will and that the  husband continue possession during his life without hoc that he be seize of  such a estate of which she may have dower and exception be take there because  that this only amount to the general issue and yet rule to be good for the lie  people may conceive such a continuance of possession during the life of the  lessee to be such a estate of which the wife may have dower if this be put  upon the general issue and in our case because he have liberty to plead  special or general be pray that the defendant may be admit to plead special  and that he may not be bind to the general issue sergeant Hendon to the  contrary if one plead a plea which amount to the general issue see Layfields  case Coo and though in Woodwards case commentary there be such a plea plead  yet this do not prove the contrary for in the same case no exception be take  by the plaintiff and precedent do prove that the defendant in this kind have  be compel to plead the general issue Hobert if no special matter may be allege  to the contrary the defendant shall be compel to plead the general issue and  this be good discretion in the court to take away the perplexity of plead  because one plea be as good as the other to which winch be only present agree  and it be order that the defendant here plead accord in debt against the heir  upon the obligation of his father and in the declaration the plaintiff omit  these word bind I et heir es meo c and after error bring the plaintiff pray  that this may be amend because it be the misprision of the clark only Hobert  and winch say that this shall not be amend for it be a matter of substance but  because the clark who make this misprision be a good clark day be give over c