Evidence which is contrary to that in Issue, or which is not answerable to the matter in Issue, is not good.
NOthing passed by the Deed, and evidence that it is not his Deed, is not good, for it is contrary to the Issue, and to that which he acknowledged in his Plea by Implication, 5 H. 4. fol. 2.
Mortdancester, The Tenant saith, that he is ready to heare the Recognition of the Assise, and in evidence that the Plaintiffe is Bastard, it is not good, for it is contrary to this thing, admited and imployed, 22 Book of Ass. 3.
Covenant, Issue was, If the Defendant had made an Estate sufficient to the Plaintiffe of Higgens Close, or not, and evidence that it is not so much in value, it is not good, for it is not answerable to the matter in Issue, 27 H. 8. fol. 35.
Trespasse, The Defendant justifies for Common ap∣pendant, and gives in evidence that he hath Common by reaion of Neighbourhood, it is not good, for it is not an∣swerable to the matter in Issue, 13 H. 7. fol. 13.
11 H. 4. fol. 63. Trespasse of beating, not guilty, and evidence that it was in his defence, it is not good, for it is a matter of justification and contrarying.
7 Ed. 6. tit. 14. In Debt upon an Obligation made for Usury, If the Defendant plead (it is not his Deed) he cannot give in evidence that it was made for Usury, for it is contrarying.
5 Ed. 4. fol. 5. Debt upon obligation, for letting him to baile, and doth not name Sheriff, the Defendant gouht to plead that, and so not his Deed, but not generally (not his