REBELLION, COMMISSION OF. A commission of rebellion is the name of a writ¹ issuing out of chancery to compel the defendant² to appear. Vide Commission of Rebellion.

REBOUTER. To repel³ or bar. The action of the heir by the warranty⁴ of his ancestor, is called to rebut⁵ or repel. 2 Tho. Co. Litt. 247, 303.

TO REBUT. To contradict; to do away as, every homicide is presumed to be murder, unless the contrary appears from evidence which proves the death; and this presumption⁶ it lies on the defendant to rebut by showing that it was justifiable⁷ or excusable. Allis. Prin. 48.

REBUTTER, pleadings. The name of the defendant's answer to the plaintiff's surrejoinder. It is governed by the same rules as the rejoinder. (q. v.) 6 Com. Dig. 185.

REBUTTING⁸ EVIDENCE. That which is given by a party in the cause to explain, repel, counteract⁹ or disprove facts given in evidence on the other side. The term rebutting evidence is more particularly applied¹⁰ to that evidence given by the plaintiff, to explain or repel the evidence given by the defendant.

2. It is a general rule that anything may be given as rebutting evidence which is a direct reply ta that produced on the other side; 2 M'Cord, 161; and the proof of circumstances may be offered to rebut the most positive testi-mony. Pet. C. C. 235. See Circumstances.

3. But there are several rules which exclude all rebutting evidence. A party cannot impeach¹¹ the validity of a promissory note which he has made or en-dorsed; 3 John. Cas. 185; nor impeach his own witness, though he may disprove, by other witnesses, matters to which he has testified; 3 Litt. 465, nor can be rebut or contradict what a witness has sworn to, which is immaterial to the issue. 16 Pick. 153; 2 Bailey, 118.

4. Parties and privies¹² are estopped from contradicting a written instrument by parol proof, but this rule does not apply to strangers. 10 John. 229. But the parties may prove that before breach¹³ the agreement was abandoned, or annulled¹⁴ by a subsequent agreement not in writing. 4 N. Hamp. Rep. 196. And when the writing was made by another, as, where the log-book stated a desertion, the party affected¹⁵ by it may prove that the entry was false or made by mistake. 4 Mason, R. 541.