case bedel against lull to a plea in ejectment on a lease by a that before a  have any thing b be seize thereof in fee from who it descend to his heir and  that a enter and be seize by abatement a replication confess the seizure of b  and that he devise it to a in fee traverse the seize in abatement be bad ante  SC Yelv   b cro Elizabeth form of plead a traverse ejectment upon a lease of  land make by Elizabeth James the defendant plead that before Elizabeth have  any thing one Martin James be thereof seize in fee and have issue Henry James  and die seize and thereupon it descend to Henry James as son and heir and that  Elizabeth enter and be seize by abatement and make the lease to the plaintiff  and that the defendant afterward as servant to Henry James and by his command  c the plaintiff by way of replication confess the seize of Martin James and  that he be so seize by his last will in write devise the say land to Elizabeth  in fee and afterward lie by reason whereof she enter by force of the devise  and make the lease to the plaintiff and traverse without that that Elizabeth  be seize by abatement in manner and form c upon this replication the defendant  demurrer and show for cause that the traverse be not good and it be adjudge  for the defendant for the plaintiff by this replication need not both to  confess and avoid and to traverse the abatement for the plaintiff make a title  to his lease under Elizabeth the devisee of Martin James and so her entry  legal and not by abatement as the defendant suppose and then to take a  traverse over make the replication vicious for no traverse ought to be take  but where the thing traverse be issuable and the devise here be only the title  issuable it be also hold that the traverse be not good as to the manner of it  for he shall not have traverse without that that Elizabeth be seize by  abatement but it ought to have be without that that she do abate c croak James  er p croak throw trinity term James in the king bench sir Thomas Fleming Knt  chief justice sir Edward Fenner Knt sir Christopher Yelverton Knt sir David  William Knt sir John croak Knt justice sir Henry Hobart klit attorney general  sir Francis Bacon Knt solicitor general