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DEparture from a Plea or matter is, where a man pleads a Plea in bar, and the Plaintiff replies thereto, and he after in his Rejoynder pleads or shews another matter, contrary, or not pursuing to his first Plea; that is called a Departure from his Bar. As if a man pleads a general Agreement in bar, and in the Rejoynder he al∣ledges an especial Agreement; this shall be adjudged a Depar∣ture in Pleading. So in Tres∣pass,
if the Defendant will plead a discent to him, and the Plaintiff saith, that after this the Defendant enfeoffed him, and the Defendant saith, that this Feoffment was upon Con∣dition, for the breach whereof he entred, this is a Departure from the Bar, for it is a new matter. See Plow. Com. f. 7. & 8.