case Benson against idle estoppel not well plead with a traverse hearing  complaint the case upon demurrer be that before the king restoration the  nowdefendant bring a action of trespass against the plaintiff for take big  cloth who then plead that he be a soldier and compel by his fellowsoldier who  threaten to hang he as high as the bell in the belfry if he refuse to this the  plaintiff then reply de in an unjust manner svan not common with others c and  it be find for he and a elegit be bring and the now plaintiff land extend then  come the Act of indemnity car c which pardon all act of hostility do in the  time of rebellion and from thenceforth discharge personal action for or by  reason of any trespass commit in the war and all judgement and execution  thereon before the first day of may but do not restore the party to any sum of  money mesne profit or good take away by virtue of such execution or direct the  party to give any account for the same which Act make by the convention be  confirm by car c and upon these two act of parliament the plaintiff express  aver in his writ that the former recovery against he be for a act of hostility  modern er p now bring this hearing complaint the defendant plead the former  verdict by way of estoppel and conclude with a traverse without hoc that the  take of his good be all act of hostility modern this be argue by Holloway  sergeant for the plaintiff and by Jones sergeant for the defendant who chief  insist that the defendant have plead the substance of this matter before and  be find against he that he be now plaintiff can not aver any thing against  that record but the court be all of opinion that judgement shall be give for  the plaintiff for his remedy be very proper upon the convention and without  the statute of confirmation and here be no estoppel in the case for whether  this be a act of hostility or not be not material neither be it or can it be a  issue upon the former trial because all the matter then in question be concern  the trespass which though find against the nowplaintiff yet it may be a act of  hostility but if it be a estoppel it be not well plead with a traverse and the  court have set it at large trinity term the twentyseventh of Charles the  second in the common plea sir Francis north Knt chief justice sir Hugh Wyndham  Knt sir Robert Atkins Knt sir William Ellis Knt justice sir William Jones Knt  attorneygeneral sir Francis winnington Knt solicitor general