Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	error_n	judgement_n	writ_n	2,659	5	10.1058	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43221	Maxims and rules of pleading, in actions real, personal and mixt, popular and penal describing the nature of declarations, pleas, replications, rejoynders, and all other parts of pleading, shewing their validity and defects, and in what cases they are amendable by the court, or remediable by the statute-law, or otherwise : likewise, which of the parties in his plea shall first offer the issue, and where special matter may be given in evidence upon the general issue : of demurrers upon evidence, of verdicts, general and special, and of bills of exceptions to the same, of judgments, executions, writs of error and false judgment, and of appeals, indictments, and informations and the pleadings relating thereunto / published from the manuscript of Sir Robert Heath ... ; with additions of new matter to every title, from all the reports since his time.	Heath, Robert, Sir, 1575-1649.	1694 (1694)	Wing H1340; ESTC R21584	172,855	372

See the Book of 9 Ed. 4. 32. where one of the Errors assigned was the want of a Writ of Re-summons To which the Defendant did plead In nullo Erratum est and had a Writ to Certify and yet upon the Assignment of Error in fait In nullo est Erratum was held no Plea And so Note That after the Plea of In nullo est Erratum the Defendant had advantage to alledge Diminution Yet 7 Ed. 4. 25. to the contrary See 22 Ed. 4. 24. touching this Matter See also 11 Ed. 4. 10. That one shall not alledge Diminution in a thing meer contrato the Record And see 15 Eliz. Dyer 321. That where Diminution is alledged a Certiorari shall be awarded And Note by the Book of 19 H. 6. 7 8. If after the Writ of Error be allowed the Plaintiff in Error Remove not the Record the Iudges of the Common-Pleas will award Execution Or if he make the Retorn of the Writ of Error too long or if they think the Errors assign'd to be frivolous But the Court of Kings-Bench may award a Supersedeas And by 21 H. 6. 26. If one in Prison upon a Judgment to Account brings Error yet he shall remain in Prison quod nota And it appears 21 Ed. 3. Bro. 61. That a Writ of Error hanging is no Supersedeas to have a Scire facias against a Stranger to the Judgment And as appears by 28 29 H. 8. Dyer 32. and 18 Ed. 4. Debt lieth upon the Judgment notwithstanding Error and for the Costs although the Judgment be Reversed See 23 Eliz. Dyer 375. where upon a Recovery in Assize Error was brought in the Kings-Bench and the Judgment there affirmed and a New Writ was brought in Parliament upon that Judgment and the Lord Chief Justice of the Kings-Bench brought the Record into Parliament as likewise the Transcript and after that they were Examined Remanded the Record and divers Errors were assigned in the Kings-Bench Then touching Amendment of Errors escaped in the Proceedings of a Suit and in what Cases the Judges of the same Court may amend them and save the bringing of the Writ of Error and where they must be Redressed by Writ of Error and cannot be otherwise done see 14 Ed. 3. cap. 6. And see Cro. 2 Part 479 526 528 545 672. That there are some Errors in the Proceedings of Suits that the Iudges of the Courts wherein they are depending ought to take Notice of and Cause them to be amended as all apparent Faults in Proceeding in the Action as in False Latin want of Form in the Writ Insufficiency in an Office or Indictment Mis-awarding of Process c. As if an Exigent go forth where none lieth Impossibility in the Plea as in Account supposing the Defendant to be the Plaintiff's Receiver for Seven years and he pleads Plene Computavit tali die which is the first Day of the Seven years In these and the like Cases the Court is to take notice of it ex Officio to Abate the Writ award a Supersedeas upon such Offices Indictments or Process to stay Judgments if the Defendants Plea be found against him c. and this without any Exception taken or motion made by the Party The Judges likewise are to see that neither Party in a Suit be prejudiced by any Error or Mistake in the Clerks of the Court as by writing a Syllable or Letter too little or too much or by Razing Interlining Adding or Diminishing of Words or Letters in any Record Process Warrant of Attorney Writ Panel or Retorn All which tho' they appear suspicious to the Court yet the Judges may amend them And see Co. Lib. 4. 62. Lib. 5. 37 45. Lib. 8. 133. Lib. 11. 6 7. Dyer 367. and Stat. 21 Iac. 1. cap. 13. That in Case of Appeals and Indictments for Felonies and Utlaries thereupon and after Demurrer joyned and entred the same Court wherein they are depending may amend the Imperfections in want of Form other than such as the Party demurring unto shall particularly set forth in his Demurrer And after a Verdict given in any Cause on either side neither Party in the Suit shall be hurt by reason of any Variance in any Matter of Form only between the parts of the Record or for lack of an Averment for Life if the Party be alive and it be proved by Examination or by reason any Venire Habeas Corpora or Distringas is awarded to a wrong Officer or that the Visne is Mis-awarded or any one of the Jurors Mis-named in any of the Writs or Retorns so he appear to be the same Person or for lack of Entry or Mis-entry of the Retorn of those Writs so a Panel be retorned and annexed to them or for that the Officers Name is not put to the Retorn so the Writ be retorned by him or that the Plaintiff being an Infant doth prosecute in Ejectment or any Personal Action by Attorney For the Judges of the Court have Power of themselves to amend all these things And see Bridgman's Reports 70. Bulstr. 1 Part 178. Brownlow's Rep. 30 35 57 80 130 136 144 149 151. Co. Lib. 1. 76. Lib. 2. 57 77. Lib. 5. 38 144. Stat. 23 Eliz. cap. 3. and Stat. 27 Eliz. cap. 9. By all which it appears that most Mistakes in Fines and Common Recoveries are not fatal but may be amended But by More Case 332. the Justices may not Reform Error in Law before themselves though it be the same Term but Error in Fact or Process they may So by Dyer 195 196. an Utlary in the Kings-Bench was Reversed by Error in the same Court but that was for Error in Fact not in Law as if no Utlary in the Case And Trin. 26 Car. 2. in B. R. it was holden That the Clerk in the Kings-Bench may amend the Roll until a Recordatur be made thereof either upon Writ of Error or by Rule of Court And see Mich. 8 Iac. 1. in C. B. Co. Lib. 8. fo 156. where said That before the Statute of 8 H. 6. cap. 12. no Original might be amended in the Common-Pleas and this Statute enables that Court to amend only Misprisions namely when the Clerk mistakes one word for another or where he writes Words which are not Latin As 9 H. 7. 16. hos breve for hoc breve or Bendloe ' s Rep. fo 19. Imaginavit for Imaginatus fuit or by Mistaking the Words of an Original to say Ostens quare non fuit for fuerit Or as 22 Ed. 4. Mistaking the words of Form namely Praecipe quod solvat for Praecipe quod reddat In all these Cases there shall be no Amendment But Mich. 9 Iac. 1. in C. B. in Ejectione firmae Weeks against Blackstead Lessee of Camden where after Verdict to stay Judgment the Defendants Council Objected that there were two Errors in the Record one in the Declaration namely prout praedictus Willielmus for praedictus Iohannes and the other was in the

or Riens passa ibid. Where an ill Plea is made good by Reference to another p. 167 Of Pleading Prout per Indenturam or Scriptum plenius liquet apparet p. 168 Of the words Quae sunt omnia singula c. in Pleading ibid. Of the words Quae est eadem Dimissio in Pleading ibid. Of the words Quod est idem Vastum in Pleading ibid. Of the words Et non alia neque diversa in Pleading p. 169 Of Pleading out of Time or Mispleading ibid. Where an ill Plea may be made good by Admittance ibid. Where the Defendant may waive his Pleading and betake himself to the General Issue p. 171 CHAP. VII p. 174 Of Repleaders or Ieofails CAuse of Repleaders ibid. Ieofail what ibid. At what Plea the Parties shall begin to Replead ibid. In what Place ibid. At what Ti●e p. 176 Statutes aiding Ieofails or Mis-pleadings viz. 32. H. 8. cap. 30. 18 Eliz. cap. 14. 21 Iac. 1. cap. 13. and 16 17 Car. 2. cap. 2. ibid. Observations upon the two first Statutes p. 177 Cases upon the said two Statutes p. 178 Of Matters Remediable by the Statutes of Ieofails p. 180 Of Matters not Remedied by the Statute of Ieofails p 189 Of the Statutes of 21 Iacobi and 16 17 Car. 2. concerning Ieofails p. 193 194 Observations upon the two last Statutes p. 197 What Defects in Pleading or otherwise are aided by the said Statutes ibid. CHAP. VIII p. 207 Of Intendment WHat Construction the Law doth make of the Intention of the Parties as to Contracts and other Matters ibid. CHAP. IX p. 212 Of Bills of Exception BIll of Exception what it is ibid. Need not de Rigore Iuris be allowed in Arrest of Iudgment ibid. Must be Sealed before and not after Judgment p. 213 CHAP. X. p. 214 Of Verdicts VErdict what ibid. Must be sufficient in Matter and Form p. 215 Damages where to be found entire where several ibid. Where a Verdict shall make ill Pleading good p. 216 Where the Verdict is contrary to other Matter of Record p. 217 Of Special Verdicts 218 Of what things the Jury may take Cognizance p. 220 How the Jury may find a Matter of Record p. 221 Spiritual Matters how to be found by the Jury 222 Where the Jury find a Specil Matter and Conclude contrary p. 223 Verdict varying from the Issue where good where ill ibid. Where the Jury find more than is in the Issue p. 226 Where tho' the Verdict be found for the Plaintiff yet he shall be Barred p. 227 Where the Jury gives divers Verdicts p. 228 Verdict must be by Twelve except by Writ of Inquiry ibid. Verdict de bene Esse ibid. Where the Verdict shall be void in part or a Ieofail ibid. Misdemeanor of the Jury where it shall make a Verdict ill p. 229 CHAP. XI p. 231 Of Iudgments OF the Forms of Judgments ibid. What Day Judgment shall be given p. 232 Where or in what Court Judgment shall be given ibid. Causes to stay Judgment ibid. Where Judgment shall be final p. 233 Where the Plaintiff may have Judgment for part and Relinquish the rest ibid. Of two Judgments in one Action p. 236 Where Judgment shall be with Cesset Executio ibid. CHAP. XII p. 238 Of Executions EXecution what ibid. Of the Method of obtaining Executions p. 239 Execution for Debt fourfold ibid. Against whom Execution by Capias will lye ibid. In what Cases Execution may be had by Capias p. 240 Of Executions by Capias pro Fine p. 241 Of Executions by Capias Utlagatum p. 243 Where Execution shall be had by Capias Fieri facias or Elegit p. 245 Upon Escape the Sheriff chargable in Action of Debt or upon the Case p. 248 Of Fresh Pursuit ibid. Old Sheriffs must give Notice to the New of those in Execution ibid. Where two bound joyntly and severally and in Execution and one Escapes and he brings Audita Querela and held not to lie p. 249 Whether the Defendant dying in Execution be a Discharge for ever as an Escape is ib. Elegit its force p. 251 Of what an Elegit may be sued ibid. Of Execution against Bail or Mainprise 252 Mainpernors what ibid. Bail what p. 253 Of the Writ of Scire facias what it is and where Execution may be had by Scire fac ' or without p. 258 What Plea or Matter will stay Execution 264 What other Pleas one shall have in Bar of Execution p. 265 Of the Writ Venditioni exponas where it is to be awarded and the power of the same 269 270 Of Execution against a Clerk upon the Retorn of Clericus est Beneficiatus p. 271 Where the Defendant may be Committed in Execution by the Court without Process ib. Of Executions in the Cinque-Ports Counties-Palatine or other Franchises ib. 272 Of the Sheriffs Breaking open a Door or Chest to do Execution ib. 273 274 How one in Execution shall be delivered without Payment p. 274 That the Party in Execution may be discharged by Error and Mainprise ibid. Where an Escape shall be a Discharge of the Execution for ever and where not 275 276 Death of the Defendant in Execution no discharge of the Debt p. 277 Discharge by Priviledge of Parliament 279 Of going at large by Baston Keeper or Tipstaff p. 280 Where the Act of the Court the Law or the Plaintiff doth discharge the Party of the Execution p. 281 Where the Sheriff shall be Fined for Disobeying a Supersedeas p. 282 CHAP. XIII p. 283 Of Error and False Iudgment ERror what ibid. Writ of Error what p. 284 Of a Writ of Error where it lies and the Statutes that concern the same p. 285 How one shall proceed to reform Erroneous Proceedings against him p. 286 Whether the Heir or Executor or Successor shall have these Writs of Error and False Iudgment p. 294 What Heir shall have these Writs p. 296 Of Estoppels in Assigning Error ibid. What shall not be Assigned for Error p. 297 Diminution what ibid. Of Error in Parliament p. 299 Of Amendments of Erroneous Proceedings ib. Of Error in Fines and Common Recoveries p. 306 CHAP. XIV p. 309 Of Appeals Indictments and Informations APpeal what ibid. Where the Heir shall not have an Appeal of Murder p. 310 How Appeals shall be brought by Infants 311 Of Pleading to Appeals p. 312 Of Indictments and the Pleadings thereupon and what will maintain or quash the same p. 317 Indictment what ibid. What shall quash an Indictment what not p. 320 Of Indictments of Nusances p. 325 Of the words Vi armis in an Indictment 327 Of the words Contra pacem in an Indictment ibid. Indictments quashed for Incertainty p. 328 Rule to distinguish where an Indictment and where an Action of the Case doth lye ibid. Information what p. 329 Of the Duty of an Informer ibid. Information must be laid in the proper County where the Fact was done p. 330 If the Informer dies or will not Prosecute the

how pleaded Per Nomen how pleaded Continetur Praedict ' Nota ben● Of the word Ut in Pleading Where a General Plea shall be pleaded for avoiding of Mischief Of Pleading an Entry c. Negative Pregnant Licet an Express Affirmamative Express Seisin or Possession to be alledged not implied Nota bene Of the words Virtute Cujus or Per quod c. Quorum praetextu A Deed how to be pleaded Of the Pleas Non est factum or Riens passa Where an ill Plea is made good by Reference to another Of Pleading Prout per Indenturam or Scriptum plenius liquet apparet Quae sunt omnia c. Quae est eadem dimissio Quod est idem Vastum Et non alia neque diversa Surplusage Pleading Devant son temps or Mispleading Un Plea fait auter bon Ieofail Estoppel Repleader It s Cause Ieofail what Ieofail At what Plea the Parties shall begin to Replead In what Place At what time Statutes aiding Ieofails or Mis-pleadings 32 H. 8. cap. 30. 18 Eliz. cap. 14 Of Matter● Remediable by the Statutes of Ieosails * Excepted in Stradling's Case before pag. 179. Matters not Remedied by the Statute Stat. 21 Iac. concerning Ieofails Stat. 16 17 Car. 2. concering Ieofails Averment de vie Averment de Cure License Mis-pleaded Issue Mis-joyned Mis-Trial Ieofail Stat. VVestm 2. cap. 31. Damages where to be found Entire and where Several Verdict ayd bon Pleading Verdict contral ' Matter de Record Of Special Verdicts Of what things the Jury may take Cognizance Of Matters in a Foreign County How the Iury may find a Matter of Record Spiritual Matter how to be found by the Jury Where the Jury find a Special Matter and Conclude contrary Verdict varying from Issue where good and where ill Where the Jury find more than is in the Issue Verdict for the Plaintiff yet he is Barred Where the Jury give divers Verdicts Verdict must be by 12 except by Writ of Inquiry Verdict de bene Esse Where the Verdict shall be void in part or a Ieofail Misdemeanour of the Jury where it makes a Verdict ill Forms of Judgment● What Day Judgment shall be given Where i. e. in what Court Judgment shall be given Causes to stay Iudgment Judgment final Where the Plaintiff may have Judgment for part and relinquish the rest Two Judgments in one Action Where Judgment shall be with Cesset Executio Execution what Against whom Execution by Capias will lye In what Cases Execution may be had by Capias Execution by Capias pro Fine Escape Capi●s Utlagatum Where Execution by Capias Fi. Fa. or Elegit Upon Escape Sheriff chargable in Debt or Case Fresh Pursuit Old Sheriffs must give notice to the New of those in Execution Elegit It s Force Execution against Bail or Mainprise Mainpernors what Bail what Execution by or without Scire facias Scire facias what Vide Tit. Err●r Division 1. Matter and Pleas that stay Execution Pleas in Bar of Execution Venditioni Exponas Clericus Beneficiatus Where the Defendant may be Committed by the Court without Process Of Executions in the Ports or Franchises In Durham In Court Baron Of the Sheriffs Breaking open a Door or Chest to do Execution Franchise Discharge by Error and Mainprize Execution in B. R. after Error Discharge by Escape Discharge by Privilege of Parliament Going at large by Baston i e. Keeper or Tipstaff Discharge by Act of the Court Law or Plaintiff Attaint of Felony By assent of the Court and Parties Sheriff Fined for Disobeying a Supersedeas Error what Writ of Error what Scire facias Form of assigning Error Discontinuance Nonsuit By Attorney Record not Transcript removed Original Fine In a Franchise In the same Court Durham Ireland Palatine Wales Callice Chester London Supersedeas Hustings In Assize Chancery Inferiour Courts of Record Error in Chancery reformed in C. B. Cinque-Ports Shipway Attaint of a Judgment in Romney-Marsh False Judgment Real Action Personal Action Fresh-force Error in the Exchequer Forma brevis de Errore Error in C B. Error in B R. By a Stranger to the Judgment Heir Executor or Successor Damage● What Heir shall have these Writs Of Es●oppels in assigning Error Entry sur Disseisin What shall not be Assigned for Error Diminution what Supersedeas Error in Parliament Of Amendments of Erroneous Proceedings Errors not amend●●le Of Error in Fines and Common Recoveries Infant Appeal what Where the Heir shall not have an Appeal of Murder Appeals brought by Infants Of pleading to Appeals Indictment what What shall Quash an Indictment what not Nusances Vi armis Contra pacem Incertainty A Rule to distinguish where an Indictment and where an Action of the Case doth lye Information what

Querela But if a Capias ad satisfaciendum be had against one of them in this Case so as there is such an Execution as is a Satisfaction no other can be had against him or against his Heir or Executor if he die For where the Law gives several kinds of Execution by way of Choice and he Chuseth a Capias ad satisfaciendum and the Body is taken it cannot be for part as in a Fieri facias But see the Statute of 21 Iac. 1. cap. 24. how the Law is thereby changed in this Point For it is Enacted by that Act That he or they at whose Suit any Person is charged in Execution for Debt or Damages recovered their Executors or Administrators may after the Death of the Person so charged in Execution lawfully sue forth New Execution against the Lands and Tenements Goods and Chattels of the Person so Deceased in like manner as if the Person Deceased had never been in Execution And see Roll's Abridgment 903. That if one Recover in Debt against I. S. and then Outlaw him on the Judgment and afterwards I. S. is taken within the Year by Capias Utlagatum at the Suit of the King and dies in Prison before any Prayer made by the Plaintiff That he might be in Execution at his Suit This is no Satisfaction therefore the Executor or Administrator of him that is dead may be charged for the Debt notwithstanding he was in Execution by being taken upon the Capias Utlagatum But by Anderson 1 Part Case 273. if one that hath an Execution of Land Release one Acre of the Execution all is Extinct by the Release of the Execution in one Acre And by Hobart 60. If the Party in Execution Escape of his own wrong the Plaintiff can have no other Execution of him or of his Executors But if he take one in Execution where there are several Debtors by one Obligation there he may take another after the Escape of that one or he may have Satisfaction from the Sheriff upon the Escape at his Choice And by Co. 5 Part 86. and 6 Part 13. and 8 Part 152. and Dyer 152. If the Defendant pay the Mony he is discharged But if the Plaintiff makes any Release or other such like Act to the Defendant being in Execution amounting to a Discharge this will not be a Discharge Ipso facto but by this means he may have a Discharge And yet if the Plaintiff himself shall deliver the Prisoner out of Execution he is thereby Ipso facto discharged of the Execution for ever So if the Plaintiff doth acknowledge Satisfaction upon Record So by 13 H. 7. 1. Plowd Com. 36. and 33 H. 6. 47. If one taken in Execution upon a Capias ad satisfaciendum doth Escape and the Plaintiff bring his Action against the Sheriff or hath a Cepi Returned on the Writ and it be Filed by this the Defendant is discharged against the Plaintiff for ever But if no Cepi be Returned nor Action brought against the Sheriff the Law will Adjudge the Party to be out of Execution But by Co. 5 Part 86. If Two be in Execution for one Debt on a Bond made by Two and the Sheriff suffers one of them to Escape this will not discharge the other till the Plaintiff hath Recovered his Debt of the Sheriff But by Co. 8 Part 143. and 38 H. 6. 4. If one be in Execution upon a Capias ad satisfaciendum and the Court adjudge the Judgment or Execution Erroneous and so null it by this the Defendant is discharged of that Execution Yet by Fitz. Nat. Brev. 146. If Two be in Execution for one Debt and one of them dies under Execution that will not discharge the other But 38 H. 8. Dyer 6. One in Execution being a Burgess of the Parliament and discharged by a Writ of Privilege doubted whether discharged for ever But by the Statute of 1 Iac. 1. cap. 13. it appears That if a Prisoner be delivered out of Execution by Privilege of Parliament it is no discharge but after the Privilege is gone he may be taken again So Pasch. 30 H. 8. Dyer 62. Trewynyard's Case where Trewynyard being a Burgess of Parliament was taken upon an Exigent after a Capïas he brought a Writ of Privilege of Parliament and the Sheriff let him at Liberty In this Case it was Resolved First That the Privilege was Grantable notwithstanding the Execution because the King and Realm have an Interest in the Body of every Burgess of Parliament and the Common-Weal shall be preferred before the Interest of any private Person Secondly That after the Parliament ended he might be taken in Execution again For that the Plaintiff shall not be prejudiced in his Execution by the Act of the Law which doth Wrong to no man See 3 Ed. 6. Dyer 66 67. where the Sheriffs of London in Debt upon an Escape by going at large by Baston in London did plead That their Predecessors let him at large and good And Note by Dyer 4 5 Mar. 162. 10 Eliz. 275. and 12 13 Eliz. 206. If the Prisoner have the King's Protection to go at large by Baston it is an Escape and the Warden of the Fleet may be Charged upon an Escape And see the same Book of Dyer 10 Eliz. where Debt was brought against the Marshal of the Kings-Bench or his Deputy And see Plowden's Commentaries in Platt's Action of Debt against the Sheriffs of London where it seemeth That by the Custom of the City of London one in Execution in Ludgate may go by Baston within London but otherwise in Southwark But Note the same Book of Dyer in 3 Ed. 6. That the Sheriffs of London were there Charged for suffering one in Execution in Ludgate to go at large in London by Baston quod nota Then Where the Act of the Court of the Law or of the Plaintiff doth discharge the Party of the Execution As namely 24 Ed. 3. 44. If one recover the Land and Body in a Writ of Ward and Release the Body the Land is thereby discharged But otherwise of a Grant The like seemeth 40 Ass. although the Land be Extended and Granted over The lik in Pop●'s Case in Plowden's Commentaries If the Cognizor after Execution Enfeoff the Cognizee of part but it is otherwise before Execution for there the Lands be in the Hands of the Cognizor and his Body is Charged See 6 Ed. 4. 4. and 24 Ed. 3. 45 46. That if one in Execution be Outlawed or Condemned for Felony and afterwards have his Pardon yet touching his Body the same shall still remain in Execution Notwithstanding by the same Book of 6 Ed. 4. if he take himself to his Clergy he shall be out of Execution And so seemeth the Book 7 Eliz. 248. but ibid. 261. è contra See hereof Bro. Abr. 272. And see 10 Eliz. 275. That one in Execution by Agreement of the Parties and the Chief Justice went at large for a

Judgments in certain Actions in the Kings-Bench there particularly named and not touching the King may be Reformed in the Exchequer-Chamber or in Parliament and if in the Exchequer-Chamber then before the Iustices of the Common-Pleas and the Barons of the Degree of the Coif and the Record to be brought back again into the Kings-Bench And see the Statute of 31 Eliz. cap. 1. of Discontinuance of Writs of Error in the Exchequer and the Kings-Bench That it shall not be needful for all to be present And by the Writs of Error in the Register it appears That sometimes a Stranger to the Judgment may have his Writ of Error as Tenant by Resceit Vouchee He in the Reversion or Remainder and the Tenant both at one time And if the Feme be Resceived upon the Default of the Husband both of them may have Error or False Judgment And if Erroneous Execution be awarded upon a Recognizance the Feoffee may have a Writ of Error as appears 17 Ass. 24. See Dyer 4 H. 8. 1. accordingly and that he in the Reversion by the Common Law might have it when his Title accrued and by the Statute of 9 R. 2. presently But 21 Ed. 4. 27. in Debt against a Sheriff upon an Escape he shall have no advantage of Error in the first Record because he is a Stranger to it And so is 9 Ed. 4. 3. That a Stranger shall not Falsify but in that which disproveth the Cause of Action But 22 Ed. 4. 30. the Vouchee Tenant by Resceit Garnishee in Detinue or Foreign Attachment in London may have these Writs Then shall be considered Whether the Heir or Executor or Successor shall have these Writs And first by Fitzh Nat. Brev. touching the Successor if the Matter touch and lye in Succession then the Successor of the Abbot Parson and the like shall have these Writs But if Judgment in Debt or Damages in an Action Personal be given against a Bishop or a Parson his Executor and not the Successor shall have these Writs And for Debt or Damages recovered the Administrator or Executor and not the Heir shall have these Writs But touching that which the Heir is to have by Discent of that the Heir shall have Error and False Judgment The Heir shall likewise have a Writ of Error to Reverse an Utlary of Felony or Treason against his Father as appears by Fitzh Nat. Brevium and by that Reason the Executor shall have a Writ of Error to Reverse an Utlary in Trespass or Debt against his Testator because of his Right to the Goods And so is 11 H. 4. 65. But where the Writ of Error doth both Entitle the Heir and Executor as where Judgment in an Assize or Entry sur Disseisin c. is given against one who dieth if the Heir do not bring Error or Attaint for the Principal the Executors are remediless for the Damages and Costs recovered And so seems the Book of 9 Ed. 4. 12. 314. But if the Heir Reverse the Judgment he shall not as it seems be restored to the Damages but the Executor by Scire facias upon that Judgment of Reversal Yet if two Jointenants lease Land and Damage the Survivor shall be restored to the one and the other And accordingly 46 Ed. 3. 13. the Feme had an Attaint of a Verdict against her and her Husband although the Goods of the Husband subject to the Damages And so 19 Ed. 4. 6. the Executor shall not have Damages recovered in Detinue of Charters before the Heir have a Scire facias to have the Charters And see 50 Ed. 3. 3. where one in the Remainder in Tail recovered in Wast and before Execution died without Issue and his Executor had Execution And see 11 H. 4. 16. That if one of the Sisters after Abatement die and the Aunt and Niece joyn in Mortdancestor the Damages from the Death of the Aunt Jointenant and before the Damages for the surviving Aunt to be several Where also appeareth That if found for the Baron and Feme Plaintiffs in an Assize and that the Goods of the Husband were taken like Judgment as before shall be given And 14 Ed. 3. Fitzh Execution 15. if three Coparceners recover and one of them die before Execution the Damages survive not except they had once joyned in an Elegit See more hereof before in the Title Execution and in the Abridgments of Brook and Fitzherbert under that Title And by this Reason the Heir to the Land and not the Heir at the Common Law shall have these Writs as the Heir in Tail Special and Borough English and the like For it is not like to a Condition or Waranty as are 9 H. 7. 24. 3 H. 4. 19. and other Books Then we shall see What things one shall be Estopped by or past the Advantage to assign Error For which see Fitzh Nat. Brev. as followeth viz. That if one Utlawed do purchase his Charter of Pardon yet he may have Error to Reverse the Utlary And so is 18 Ed. 3. But against a Disclaimer the Tenant shall have no Writ of Error But as there and 6 Ed. 3. after Non-tenure found against him he may And one Condemned shall not assign Error in the Process Yet he that doth Confess the Action shall have a Writ of Error And it appeareth there also That if in a Writ of Entry sur Disseisin there want these words Quod clamat esse Ius Haereditatem if the Tenant plead he shall not have advantage thereof by Error And so in a Writ of Detinue of Charters of Land and in the Count the Certainty of the Land is not declared yet thereof is a qu●ere And so of the like to this for which see Brook's Abridgment Tit. Error and 25 H. 8. Dyer 5. That the Party having Interest in the Land by Discent or otherwise shall neither have Error or Attaint Some things there be also that one shall not Assign for Error As That the Clerks of their own Heads gave Judgment Or That the Jury gave a Verdict contrary to the Judgment because these are Repugnant to that which the Court do as Judges Neither as there appeareth may many Things be assigned for Error that were for the advantage of him that doth Assign them As That he made an Attorney was Essoined had Aid the View or the like when it ought not or that he had a Day longer than he ought as appeats in Bro. Abridg. Tit. Error See 14 Eliz. Dyer 315. that the Plaintiff shall not Assign That he wanted the Judgment Ideo in misericordia nor the Defendant Quod Capiatur c. And touching Diminution which according to Fitzh Nat. Brev. 25. and Bulstr. 1 Part 43. is where a Record is Certified in part but not all of it so that there is some Diminution in part thereof then the Party concerned in it may have a Writ directed to the Court from whence it came to send the whole 〈◊〉