bennet against PILKINS Saturday october Tr car rot sheriff traverse Br pl in  debt by the plaintiff as bailiff of Westminster on obligation condition that  one Kingwell shall appear Sab post oct pur in b r the defendant plead the  statute h and that the plaintiff sue a writ rest when post oct Purific and the  the plaintiff have take he upon a warrant by virtue thereof the plaintiff  reply that he take out a writ rest Sab post oct Purific by virtue whereof the  defendant be take and that he be not take by a writ rest when post oct Purific  defendant rejoin that he be take by a warrant on a writ rest when post oct  Purific without hoc that he be take by the writ rest Sab post oct Purific to  which wile the king sergeant pro plaintiff demurrer because the party be  estopt by the recital of the bind to say there be any other writ than that  recite send curian contra that such recital be no more a estople Keble er p  than on the statute of usury here be a traverse take upon a traverse which by  sander pro defendant be well enough the first traverse be not material and l  Edward repeat dyer Cr pl both may stand together for the party may be take on  both warrant and if the issue be intend on the right warrant the other be  confess and avoid and if it be intend on the latter the plea be double and the  plaintiff can have judgement because Hub Digby against Fitzherbert though it  be find he be not take on the wrong yet he may be take on the right warrant  and this Keble be accord to helier case Keeling Ch just say it be no matter  for the without hoe but if there be any affirmative and negative the issue  must be upon that in the repeat Twisden contra and that the rejoinder and  traverse be good Windham ad idem the say he be take by the writ rest Sab post  oct Purific and not by virtue of any writ rest when post c be no traverse  without a without hoc but per Keeling plead will be infinite unless wherever  there be a affirmative and negative the plaintiff take issue which Windham  agree where the matter be material but here it be immaterial because the  plaintiff in his repeat bath do rely on it and it may be there be no writ as  this when post c and yet there may be such a writ as be true and accord to the  condition of the bind Twisden ad idem but by wile the king sergeant the bar be  a affirmative and the plaintiff have deny that he be take by that writ when  post and so the defendant shall have maintain his bar and take issue on that  repeat which Keeling agree but Twisden and Windham contra unless the bar be  absolute for if as here it admit any thing otherwise and do not make a end the  defendant in rejoinder may traverse the plaintiff repeat because there may be  a true writ and a faux one and the defendant take on both and the plaintiff  must recover on his own strength and not on the defendant weakness and plead  be intend to bring the case to a pinch on the plaintiff title Keeling agree  the rule that this plead in a bar to a common intent be not sufficient unless  it be absolute but this be so and the issue take on the bar have make a end of  all because then as be now confess there appear but one writ though there be a  variance in the return thereof Adjornatur