bisse versus HARECOURT hill will mark b r rot the defendant conclude his plea  in disability and the plaintiff his replication in bar the whole be  discontinue salk Mod show Danv pl assumpsit for against Harecourt the  secondary of the crownoffice who Carthew er p plead in disability of the  plaintiff videlicet that before the bill purchase videlicet on such a day at  well in the county of Somerset before Carthew the Ch justice jefferies the  plaintiff be indict for high treason against king James ill and be convict  thereof upon his own confession and by the judgement of the justice be attaint  c and so he the defendant demand judgement if he ad billam c it ought to be et  hoc c per record c responders to turn the war thither to withhold the  plaintiff reply protestand that the plea be insufficient pro pl into to say  quod to drive back non debet because to say that before the promise king James  h by letter patent exemplify under the great seal of the king and queen have  pardon the treason and the attainder how indeed exemplificationem idem the  plaintiff profert hic in curian c and conclude in this form unde petit  judgment financial loss svan occasion non performationis assumption promise  predict Himself adjudicar c and upon a general demurrer it be object against  this replication that it be not sufficient to plead and show the  exemplification of the pardon c but that the plaintiff ought to produce the  pardon it self under the great seal because the exemplification of a pardon be  not within the statute   Ent a raze Ent a b Elizabeth but Rep page S case be  contrary in point this exception be overrule the conclusion of this  replication be ill because it pray damage occasion non performationis c and  upon a to answer ouster no damage be give therefore he ought to conclude thus  sacred scripture et petit judgment si c responders to turn the war thither non  to withhold quod the defendant ad billam svan predict to answer on the other  side it be allege for the plaintiff that in the entry cite in the Elizabeth c  margin replication to plead in nonability be conclude as this but it be  resolve by the court that this improper conclusion of the replication make it  ill for all the plead be discontinue because the plea be in disability and so  conclude and the replication be conclude as a plea in bar and so no manner of  answer to the plea but a replication at large and as none at all so that all  be discontinue for default of a replication but if it have be conclude general  videlicet petit judgment si c that may have be good so the rule of court be  that the plea be discontinue and not that the bill shall abate quod notam