pleading. Which is the same. 2. When the defendant in trespass justifies, that the trespass justified in the plea is the same as that complained of in the declaration; this clause is called quae est eadem. Gould. Pl. c. 3, s. 79, 80. 3. The form is as follows: which are the same assaulting, heating and ill-treating, the said John, in the said declaration mentioned, and whereof the said John hath above thereof complained against the said James.