Exceptio.L

Lat. [L. Fr. excepcto».] In the early common law. The defendant's answer to the plaintiff 's declaration, (narratio, or intentio;) the first pleading in an action on the part of the defendant; a plea. Defined by Bracton to be actionis elisio, per quam actio perimitur vel differiur; (the defeating of an action, by which the action is either destroyed or deferred.) Bract, fol.

399 b.

A term very frequently employed by this writer, who devotes an entire division of his great work (the fifth tract of the fifth book, De exceptionibu Sf) to the consideration of this kind of pleading. It is obviously borrowed, with its leading divisions, from the Roman law, {supra,) but is considerably modified and enlarged in its application to English jurisprudence. Id. ibid.

Steph. Plead. Appendix, Note (35).

Exceptio was also used in the canon law, to denote the second pleading in an action. Corv. Jus. Canon, lib. iii. tit.

32.

Bxcepti« €ja« r«i cajaai Fctitnr diaa^lnif« ■alia c Bi. A plea of that matter, the dissolution of which is sought [l)y the action] is null, [or of no effect.] Jenh. Cent. 37, case 71. BxceplU Wulla eat ▼•■«■• actf«Bciii qav •xcep UaneiH periniit. There is [can be] no plea against an action whi^h destroys [the matter of] the plea.

Jen Je. Cent. 106, case 2.

N«a patcst m/Admvk ezoep Uo cjasdcm rely d^jwi patitar d IaMl Mtia. A plea of the same matter, the dissolution of which b sought [by the action] cannot be brought forward.

Bacon's Max. 6, reg. 2.

It were impertinent and contrary in itself, for the law to allow of a plea in bar of such matter as is to be defeated by the same suit; for it is included, otherwise a man should never come to the end and effect of his suit, but be cut off in the way. Id. ibid.