"The plea by way of confession and avoidance is what its name implies, i. e., a plea which confesses the truth of the facts alleged in the declaration and seeks to avoid the consequences of them by alleging other facts which show that the defendant should not he held liable. These new facts constituted what was known as affirmative matter, and hence the pleas of this sort are frequently called affirmative pleas." 22

A plea in confession and avoidance concludes with the words: "And this the said A is ready to verify." A plea in confession and avoidance can never bring a case to an issue.