What is "confession and avoidance"

Confession \Con*fes"sion\, n. [F. confession, L. confessio.]

1. Acknowledgment; avowal, especially in a matter pertaining to one's self; the admission of a debt, obligation, or crime.

   With a crafty madness keeps aloof, When we would bring him on to some confession Of his true state.
   --Shak.

2. Acknowledgment of belief; profession of one's faith.

   With the mouth confession is made unto salvation.
   --Rom. x. 10.

3. (Eccl.) The act of disclosing sins or faults to a priest in order to obtain sacramental absolution.

   Auricular confession . . . or the private and special confession of sins to a priest for the purpose of obtaining his absolution.
   --Hallam.

4. A formulary in which the articles of faith are comprised; a creed to be assented to or signed, as a preliminary to admission to membership of a church; a confession of faith.

5. (Law) An admission by a party to whom an act is imputed, in relation to such act. A judicial confession settles the issue to which it applies; an extrajudical confession may be explained or rebutted.
   --Wharton.

   Confession and avoidance (Law), a mode of pleading in which the party confesses the facts as stated by his adversary, but alleges some new matter by way of avoiding the legal effect claimed for them.
   --Mozley & W.

   Confession of faith, a formulary containing the articles of faith; a creed.

   General confession, the confession of sins made by a number of persons in common, as in public prayer.

   Westminster Confession. See Westminster Assembly, under Assembly.

Confession and avoidance, in pleading, the plea admitting that facts alleged in a declaration are true, but showing new facts by which it is hoped to destroy the effect of the allegations admitted. A plea in confession and avoidance neither simply admits nor merely denies; it admits that the facts alleged by the opposite party make out a good prima facie case or defence, but it proceeds to destroy the effect of these allegations either by showing some justification or excuse of the matter charged, or some discharge or release from it. All matter in confession and avoidance must be stated clearly and distinctly, and must be specific. If intended to apply to part only of a statement of claim, it must be so stated.