ccxlviii Dighton and clarks case Dighton bring debt upon a bind the condition  of which be that whereas the plaintiff be in quiet possession of such land if  now neither I S nor I b nor I g do not disturb the plaintiff in his possession  of the say land by any indirect mean but by due course of law that then c that  defendant plead that neither I S nor I d or I g do disturb the plaintiff by  any indirect mean but by due course of law upon which there be a demurrer  Godfrey the plea in bar be not good for there be a restraining pregnans sure a  negative which imply a affirmative see h in a writ of entry sur seize the  defendant say that the demandant by his deed after the darrein continuance do  confirm and ratify the possession of the tenant c the demandant say not his  deed after the darrein continuance and the same be hold to be restraining  pregnans see more there and see also h and see far h another exception be take  to the plea in bar because he have plead that nor I S nor I d nor I g have  disturb the demandant by any indirect mean but only by due course of law and  that issue can be try not by the country for they can know what be a due  course of law and by the court it can be try for the defendant have not  certain show by what due course of law the demandant have be disturb which see  e c the Lord lisles case in debt upon a bind the condition be that if the  defendant before such a day or any other for he and in his name come to b and  there show unto the plaintiff or one of his council by he assign a sufficient  and lawful discharge of a annual rend which the plaintiff claim out of two  house of the defendant in b aforesaid that then the say bind shall be void and  the defendant say that be at the day assign contain in the condition that a  and b by assignment of the defendant come to b and tender to show to n and W  of the plaintiff council a sufficient discharge of the say annual rend and  that they do refuse to see it upon which there be a demurrer in law and  judgement be give for the plaintiff and that the plea be no plea for the  defendant ought to have show in his plea what manner of discharge he will have  show as a release unity of possession c but as the case be here if the  plaintiff shall traverse the plea in bar the issue join upon it can be try for  the jury can know which be a lawful and sufficient discharge but the same  shall be try by the court for if the defendant have tender to the plaintiff a  discharge by unity of possession the jury can know if it be a sufficient  discharge and as the plea be here be have not show what discharge Leonard he  will have show to the say council and therefore we can not judge of the same  if one be bind to plead a sufficient plea before such a day in such a court in  such a action it be not sufficient that he have plead a sufficient plea but he  ought to show what plea he have plead otherwise the court can judge if the  plea be sufficient or not with h and h Br cand where a man will plead that be  have save the party harmless he ought to show bow shoot justice and Clench  justice if the defendant have plead not disturb by any indirect mean such a  plea have be good enough gawdy justice if he have plead not disturb contra  form creating preed it have be a good plea in a writ of entry lie entram pass  contra form to cause to stand he do not alien within age Leonard er p be a  negative pregnant but the party may say he do not alien modus form all the  part to this plea which come after the but be surplusage and negation gawdy it  be a plea which be plead with all the word of the condition entire Clench the  case put by Godfrey e differ from the case at bar for there he plead all in  the affirmative therefore in such a case he ought to plead special but in the  case at bar all be in the negative in which case such special plead be not  necessary if I be bind that I shall not go out of westminsterhall until night  but tarry in the hall till night in a action against I upon that bind I may  plead in the same word if I be bind upon condition that I will not return to  sergeantsinn the direct way but by saint Giles I shall plead in as many word  Godfrey I agree those case for the matter which come after the but be triable  by the country but so it be not in the principal case Clench but be but a word  of surplusage and if that and all which follow have be leave out it have be  well enough it be adjourn mich Elizabeth in the common plead