444, I S S 
matter of form, and the fubftance is upon the fpecial mat¬ 
ter. Cro. Jac. 599. But the general iffue is pleaded, to 
put the plaintiff on proof of the fact. 
The place ought not to be made part of the iffue, in a 
tranfitory aftion ; it is not material, as it is in real and 
mixed aftions. Trin. 24. Car. B. R. If the place is mate¬ 
rial, and make a part of the iffue, there the jury cannot 
find the fact in another place, becaufe, by the fpecial 
pleading, the point in iffueis retrained to a certain place; 
but, upon the general iffue pleaded, the jury may find ail 
local things in another county; and, where the fubftance 
of the iffue is found, it is good, and the finding more may 
be furplufage. 6 Rep. 46. 
Where an iffue is not joined, there cannot be a good 
trial, nor ought judgment to be given, 2 Nclf Abr. 1042. 
All iffues are to be certain and Tingle, and joined upon 
the molt material thing in the caufe ; that all the matter 
an queftion between the parties may be tried. 2 Lit. 85. 
An immaterial iffue joined, which will not bring the mat¬ 
ter ip queltion to be tried, is not helped after verdift by 
the ftatute of jeofails; but there mull be a repleader; but 
an informal iffue is helped. 18 Car. II. B. R. 
There mult be in every ifl'ae an affirmation on the one 
part, as that the defendant owes fuch a debt, &c. and a 
denial on the other part, as that he oweth not the debt, 
&c. And, though the matter contradifts, yet there mult 
be a negative and affirmative of it, to make a right iffue. 
1 Ventr. 213. 
Where there are two iffues joined, one good and the 
other bad, if entire damages are given upon the trial on 
both iffues, it will be error ; but, if feveral damages are 
found, the plaintiff may releafe the damages on the bad 
iffue, and have judgment for the reft. 2 Lil. Abr. 87. 88. 
See Damages. And it is faid, judgment may be entered 
as to one part of the iffue ; and a nolle profequi to another 
part of the fame iffue, where it may be divided. Pafck. 
23 Car. B. R. Where two iffues are joined, and a verdift 
only on one of them, it is a mif-trial, and the judgment 
may be arrefted, and a venire facias de novo awarded ; if 
error brought, the judgment mult be arrefted. Annaly, 
246. 
If iffue be taken on a dilatory plea. See. and found 
again ft the defendant, final and peremptory judgment fnall 
be given ; but it is otherwife on a demurrer. Raym. 118. 
In fuch cafe there mult: be a refpondeat onfer. A good if¬ 
fue is'offered to the defendant, he ought not to plead 
over ; and if he plead over, the plaintiff fhall have judg¬ 
ment. 1 Sannd. 318, 338. If he does not join iffue, but 
demurs, it is the fame. 
When iffue is joined between the parties, it cannot be 
afterwards waived, if it be a good iffue, without confent 
of both parties; but where defendant pleads the general 
iffue, and it is not entered, he may, within four days of 
the term, waive that iffue, and plead fpecially; and, when 
the defendant pleads in abatement, he may at any time 
after waive his plea of fpecial matter, and plead the ge¬ 
neral iffue, unlefs there be a rule made for him to plead 
as he will ftand by it. 3 Salk. 211. If the plaintiff will 
not try the iffue after joined, in fuch time as he ought 
by the courfe of the court, the defendant may give him a 
rule to enter it; which if lie does not, he fhall be nonfuit, 
See. 2 Lil. 84. If. the tender of the iffue comes on the 
part of the plaintiff, the form of it is, And this he prays 
inay he inquired by the record, or by the country ; and, when 
on the part of the defendant, And of this he puts himfelf 
upon the country-, and The plaintiff doth the like, 13 c. See far¬ 
ther under the article Pleading. 
Issues on Sheriffs, are for neglefts and defaults, by 
amercement and fine to the king, levied out of the iffues 
and profits of their lands; and double dr treble iffues may 
be laid on a flieriff for not returning writs, &c. But 
they may be taken off before eftreated into the exchequer, 
by rule of court, on gOod reafon fhown. 2 Lil. Abr. 89. 
Iffues fhall be levied on jurors, for non-appearance; though 
on reafonable excule, proved by two witnefles, the juf- 
l 
1 s s 
tices may dilcharge the iffues. See \ Keb K 475. and the 
article Jury. 
To IS'SUE, v. n. [ijfuer, Fr. ufeire, Ital.J To come 
out; to pafs out of anyplace.—Waters iffued o it from 
under the threfnold of the houfe. Ezek. —From the utmoft 
end of the head branches there ijjfuelh out a gummy juice. 
Raleigh. 
Ere Pallas ijfu'd from the thunderer’s head, 
Dulnels o’er all poffefs’d her ancient right. Pope. 
To make an irruption ; to break out.—-Three of mafter 
Ford's brothers watch the door with pillols, that nonefhould 
iffue out; otherwife you might flip away. Skakefpeare. 
At length there ijfu'd from the grove behind, 
A fair afl'ernbiy of the female kind. Pry den. 
To proceed as an offspring.—Of thy fons that fhall iffue 
from thee, which thou flialt beget, fhall they take away. 
2 Kings xx. 18.—To be produced by any fund.—Thel'e 
altarages iffued out of the offerings made to the altar, and 
were payable to the priefthood. Aylffe. —To run out in 
lines.—Pipes made with a belly towards the lower end, 
and then iffuing into a ftraigbt concave again. Bacon. 
To IS'SUE, v. a. To fend out; to fend forth.—A weak 
degree of heat is not able either to digeft the parts or to 
iffue the fpirits. Bacon. —To fend out judicially or autho¬ 
ritatively.—This is the more frequent fenfe. It is com¬ 
monly followed by a particle, out or forth— If the council 
iffued out any order againft them, or if the king fent a pro¬ 
clamation for their repair to their houfes, fome noblemen 
publifhed a proteffation. Clarendon. —They conftantly wait 
in court to make a due return of what they have done, 
and to receive fucli other commands as the judge fjiall if 
fueforth. Aylffe. 
Deep in a rocky cave he makes abode, 
A manfion proper for a mourning god : 
Here he gives audience, iffuing out decrees 
To rivers, his dependant deities. Dryden.- 
IS'SUED, part. adj. [from iffue. Defcended : 
His only heir 
And princefs: no worfe iffued. Skakefpeare. 
IS'SUELESS, adj. Having no offspring ; wanting de- 
feendants.—Carew, by virtue of this entail, fucceeded to 
Hugh’s portion, as dying iffuclefs. Carew's Survey of Corn¬ 
wall. 
I have done fin ;• 
For which the Heavens, taking angry note, 
Have left me iffuelefs. Skakefpeare. 
IS'SUING, /. The aft of fending forth; the aft of arif- 
ing from any flock or fountain. 
IS'SUS, now Ajazo, a town of Cilicia in Natolia, with 
a harbour on the Levant fea, a little to the north of Scan- 
deroon. Lat. 36. 56. N. Ion. 36. 25. E. Near this place, 
in a difficult pafs between the mountains and the fea, 
Alexander the Great fought his fecond battle with Da¬ 
rius. In this famous battle, according to Diodorus Sicu¬ 
lus, the Perfians loft 100,000 foot, and 10,000 liorfe; the 
Macedonians 300 foot, and 150 horfe. Juftin informs us, 
that the Perfian army confided of 400,000 foot, and 
100,000 horfe. He fays, that the battle was hard fought; 
that both the kings were wounded; and that the Perfians 
ftill fought gallantly when their king fled, but that they 
were afterwards fpeedily and totally routed ; he is very par¬ 
ticular as to their lofs, which he fays amounted to 61,000 foot, 
10,000 horfe, and 40,000 taken prifoners; of the Macedo¬ 
nians he fays there fell no more than 130 foot, and 150 
horfe. Quintus Curtius fays, that of the Perfians there 
fell 100,000 foot, and 10,000 horfe; of Alexander’s army 
504, he fays, were wounded ; 32 foot and 150 horfe killed. 
That we may not fufpeft any error in tranferibers, his 
own obfervation confirms the faft : Tantulo impenclio ingens 
viltoria Jlctit, “ So fmall was the coft of fo great a viftory.” 
See the article Greece, vol.viii. p. 839. 
IS'SY, 
