Bambridge versus bear all before trespass letchmere for the plaintiff here be  not any special conclusion by the jury videlicet whether the low wine be make  of foreign material but as this record be here be no colour for the court to  give judgement for the defendant here be colour to give judgement for the  plaintiff for that they find that the jury find that the plaintiff be common  distillato water strong for a year before but they do not find that he make  low wine of foreign material and so that which they find be a thing immaterial  they find that hall do exhibit ail information and the plea and judgement  prout per record that this only is apparent but do not find that the content  of that information be true they find that there be molasses make beyond sea  and also in England but they do not find who make they they find that molasses  be make ex fcibus saccari but they do not find that the plaintiff make the low  wine ex fcibus saccari and for this very cause in terry and Huntington case it  be adjudge nought in hill in this court in the case of bankrupt although the  commissioner have sole authority to adjudge a man bankrupt yet in a action the  jury must find whether he be a bankrupt or no and not bare by the adjucation  of the commissioner it be so in case of a plea roll Rep in a avowry for a  amerciament in a leet it be not sufficient to say prsentatum to be at the leet  that the plaintiff do such a act but he must aver the thing and not rely upon  the presentment here be ground to give judgement for the plaintiff because it  be express find that the defendant take away his good Raymond sir t the first  Act which give liberty to a defendant to plead the general issue be James c  for by the commonlaw every man be bind to plead duly and not to justify by  virtue thereof after he have plead not guilty but that be that he may give  such special matter in evidence as be plead have be a good and sufficient  matter in law to have discharge the defendant of the trespass or other matter  lie to his charge and so he will have give every thing in evidence and the  statute of h cap concern sewer say that in a avowry the avowant may justify  the take c by virtue of the commission of sewer without allege the matter  special but in this case at bar upon the general issue plead the special  matter can be give in evidence for though by the Act of car that Act may be  give in evidence and so car yet it be not say so in the Act of car memorandum  the that day of February I be make judge of the common bench car memorandum  the that day of April I be make judge of the king bench car Raymond sir t er p