defendant, the Plaintife must answer onely to his owne lease, for the assignements of A. are but conueyances and not materiall. But in an assise if the defendant deriue his interest from a stranger, and that A. was seised and enfeoffed B. who enfeoffed C. and C. the Tenant: there the Plaintife may trauerse any of the meane conueyances, for they are all materiall.
Therefore repugnance of a plea vnto it selfe is a fault in pleading, as in an action of Trespasse of his house, and wals broken downe, the Defendant cannot plead tou∣ching the house, not guiltie, and as to the breaking downe of the wals iustifie, for this carrieth a repugnancie in it, inasmuch as the house and the wall are all one thing.
So is a departure, where he forfeiteth not the matter of his plea that went before, but commeth in with a new matter. As if the reioynder be a matter puisne, vnderneath the matter of his barre, not aboue and go∣ing before it. As in an action of Trespasse, the Defendant pleadeth a descent vnto him of the land, the Plaintife saith, that after the descent the Defendant enfeoffed him. Now if the defendant reioyne that the feoffement was vpon condition, and he en∣tred for the condition broken; this is a de∣parture for the matter of the barre, that is the descent, is before the matter of the re∣ioynder, that is to say, the entrie for the con∣dition broken, whereby the feoffement is auoided. So if in an assise, the Defendant