Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	error_n	judgement_n	writ_n	2,999	5	10.1124	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43467	Reports and cases taken in the third, fourth, fifth, sixth and seventh years of the late King Charles as they were argued by most of the King's sergeants at the Commonpleas barre / collected and reported, by that eminent lawyer, Sir Thomas Hetley Knight, sergeant at law, sometimes of the Honourable Society of Grayes-Inne, and appointed by the king and judges for one of he reporters of the law ; now Englished, and likewise of the cases, both alphabetical.	Hetley, Thomas, Sir.; England and Wales. Court of Common Pleas.	1657 (1657)	Wing H1627; ESTC R10743	229,000	204

to make it actually void For if the words are pursued strictly then it shall be void immediately against the Bishop himself Then the Successor in lieu of a benefit shall take an advantage of the Statute For he cannot make Leases but of things usually demised 32 Eliz. Sale and Sale against the Bishop of Coventry in a Quare impedit It was adjudged That a Quare impedit well lies by an Executor for disturbance made to the Testator And also that a Lease for years is good notwithstanding the Statute The Statute does not intend the benefit of the Lessee but of the Successor himself And the Successor had his Election to accept the Rent or the Land And if it should be voyd his Election is gone Tallengers and Dentons Case 4. Jac. A Lease is made by the Bishop of Carlisle of the Tithes which is out of the Statute And there it is void against the Successor For that that he hath no remedy for the Rent reserved upon it And that point is so adjudged upon the Statute of the 13 Eliz. Walters Case before resolved that a Lease made by Dean and Chapter not warranted by the Statute is but voydable against the Successor Pas 6 Iac. rot 1041. Wheeler and Danbies Case Robert Bishop of Glocester 30 Eliz. makes a Lease to Iasper habendum a die datus to him for life the remainder to William rendring the ancient Rent The first Lessee dies the Successor having notice of it and that divers Rents were behinde commanded his Bayliff that he should receive the Rents The Bayliff enters them and receives Rent of that Lessee the Bishop having notice of it And these points were resolved First the Iury finding a Lease a die datus might be intended good for that the Entry was made after the day yet the Iury finding a thing impossible does not conclude the Iudges Secondly that a Lease in remainder is not warranted by the Statute 1 Eliz. Thirdly that the Lease was but voydable by the Successor for the Statute was made for the benefit of the Successor but the grand Question was of the manner of acceptance and resolved Fourthly that the acceptance binds the Bishop and the Authority given to the Bayliff and also his receipt For it differs where the Bayliff of his own accord receives Rent Dyer And they also say that that was to perfect an estate setled And it differs from an Attournment which is to perfect an estate setled For there notice is requisite c. Gammons Case again HEndon said that a Scire facias does not lie upon that record because an action of debt well lies For no president can be shewn that a Iudgement given in an inferiour Court may be executed so For first that Court shall not make an Instrument to execute Iudgement given in another Court It is seen that an Attaint lies of false Iudgement given in an inferiour Court Take the Case in 14 H. 4.4 And so if issue be joyned in an inferiour Court without custom It shall not be removed to be tryed so And so it is our Case c. Secondly the Statutes do not give them power viz. 26 H. 8. 34 H. 8. makes the matter clear that it cannot be Error in an Assize before the Iustices of Assize will not lye in this Court. For Iudges Itinerant are superior And those Iudges are appointed by Act of Parliament and so the Iudges also in Wales are by Act of Parliament And having power a Oyer et terminer It is not found that after Iudgement a Certiorari had been received to remove the Record out of an Inferiour Court And the mischief would be if Iudgement should be given for 20. l. it should be executory through all the Realm where they have but a special Iurisdiction And also the tenor of the Record is only removed and execution cannot be out of the tenor of the Record Dyer 369. Plow 52. Richardson The question is whether when the Record is so removed whether it shall be idle If Iudgement be given in an Inferiour Court which holds Plea by prescription or by grant and removed by Writ of Error if the Iudgement be affirmed we may award Execution 16 Iac. There is an express president of a Iudgement in an Inferiour Court and a Scire facias is granted so And also a Scire facias is granted in lieu of an action of debt For by the Common Law he might not have a Scire facias after the year but an action of debt And by the Common Law debt lies in that Case Harvey and Crook Iustices said that Court shall not be an Instrument to execute Iudgement in an inferiour Court which they cannot And also the Land of the Defendant shall be lyable to an execution in any place in England where before only the Land within the place was lyable And also the purchaser could never finde out what executions might be upon the Land Richardson said that the mischief would be great on both sides For otherwise what Iudgement was given The Defendant would remove his goods out of the Iurisdiction of the Court and then the Plaintiff had no remedy but by new original And Crook Iustice If a man brings an action in a Court he ought to examine what the end of that will be For it is a president a man ought to respect things in their end For it is his own folly to commence an action where he cannot have execution For that he may commence his action and have execution in any place in England And although that a forrain Plea in an Inferiour Court may be tryed so yet it is by Act of Parliament viz. 6 E. 1. 12. which proves by the Common Law there was no remedy Tithes of Pidgeons and Acorns A Parson Libels in the Spiritual Court for Tithes of Pidgeons and Acorns And the Defendant prayed a prohibition Because the Pidgeons were spent in his own house and the Acorns dropt from the Tree and his Hogs eat them And it was said by the Court Acorns are Tithable 11 Rep. 49. But then they ought to be gathered and also sold And a prohibition was clearly granted Thomas Wilcocks Case MOre of the Case of the Vniversity of Oxford Thomas Wilcocks Mr. of Arts in St. Mary Hall in Oxford was sued in the Chancellors Court there by Anne wife of Ralph Bradwell and Christian her daughter For calling the wife Bawd and old Bawd and the daughter Whor. and scurvey pockey-faced whore And they procured two Sentences against Wilcocks and upon them he had two prohibitions And Davenport moved for a Procedendo for that that by their Charter which was confirmed by Parliament The Chancellor or his Deputy shall have Conusans of all causes personal where one of the parties is a Scholar And the Charter was shewed in Court which was to this purpose That they shall hold Pleas c. or Secundum morem Universitatis or Secundum legem terre And the custom was to proceed according to

said Goe not to such a one c. it is actionable without question Slander of one in his Trade will bear an action And so all being connexed alike it ought to be intended that he killed him in respect of his skill In Cases of Defamation Sir George Hasting's Case Thou didst lye in wait to kill me with a Pistoll were actionable So if one touch another in respect of his skill in that that he professes it will maintain an action c. And Yelverton to the same purpose for there is a difference between a Profession and a particular Calling As if words are spoken of one that is a Iustice of Peace he ought to shew that he was then a Iustice of Peace for he is removable and may be changed every Quarter Sessions But as to a Calling the Calling of every man is his Free hold 43 E. 3. Grant of an Annuity to one pro consilio and he professes Divinity Physick and Law there the grant is pro consilio generally for Physick if that be his usuall Profession And it is intended that a man alwayes dyes in his Calling If he said to I. S. Thou art a murtherer it shall not be intended of Hares for the Iudges are not to search so far for construction Loquendum ut vulgus intelligendum et sapiens If one sayes of a Merchant Put not your Son to him for hee 'l starve him to death These words are actionable for that that it comes within the compasse of the disgrace of his Profession And so of a School-master Put not your Son to him for hee 'l come away as very a dunce as he went Harvey If one sayes of a Iudge He is a corrupt Iudge it cannot be meant of his body to be corrupt but it shall be intended of his Profession Peitoes Case before HEnden for the Defendant the Case is thus A Rent is granted for life out of Lands which descend to the Heir and he makes a Lease of parcell of the Land to the Grantee for years who surrenders the term Whether the Rent shall revive or suspend during the term And it was said by him it shall revive First For that that it is the act of him who is lyable to the Rent to accept the surrender And there is a difference where there is a determination barely by the act of the party there it shall not be revived For the first 21 H. 7. 9. Tenant in Tayl of a Rent is infeoffed of Land and he makes a Feoffment of Land with a warranty to B. with Voucher as of land discharged of that Rent And so it is 19 H. 6. 55. Ascue put this Case Grantee of a rent in Fee and Donee in Tayl of Land infeoffs the Grantee who grants that over and afterwards the issue in Tayl recovers in a Formedon yet the rent shall not be revived But if it had been the joynt act of the parties as so by surrender it should have been revived First It is clear that if a Chattell personall be suspended by Sute it shall be gone for ever As if a Feme marries the Obligor 11 H. 7. 25. unless suspension be in anothers right if it be by the act of the party there it shall be revived As if a Feme Executrix marry with the Obligor and he dyes the suspension is determined and they are revived against the Executors 7 H. 6. 2. In one Gascoines Case Lessee surrenders to the Lessor upon condition the rent be suspended but if the Lessor enter for conditions broken the Rent is revived Which in effect is our case A rent is granted to the Daughter and the land descends to her and her other Sister who make partition The Rent is revived for it is the joynt act of both parties Plow 15. If a man had a Rent and disseises the Tenant of the land and after the Disseisee re-enters Where there is a revivor of the land there is a revivor of the Rent for the disseisin was the cause of the suspension and that now is gone Secondly Because that when the Lessee for years surrenders the term is determined to all purposes and the Lessor is in of his Estate is Fee and there is a diversity of surrender in respect of a stranger for to a stranger it may have Essence after surrender But as to himself it is otherwise extinct And he cannot say that it had any Essence 5 H. 5. 12. But in respect of a stranger it ha's continuance as if an Executor surrenders yet it shall be assets And all acts done upon Lessee for ltfe before surrender shall have a continuance after And so he prayed Iudgement for the Avowant But more after Wakeman against Hawkins IT was said That if an Executor was sued in this Court by Originall he shall not put in Bayl. But if he be arrested in an inferiour Court and removed by Habeas corpus he ought to put in Bayl. Stamford and Coopers Case STamford and Coopers Case was thus I. S. acknowledges a Statute to Cooper the 22 January and afterwards he confesses a Iudgement to Stamford the 23 of January next ensuing the Statute And it is extended And Stamford brought a Scire fac against Cooper to wit now because he ought not to have the land by Elegit And the Question was whether the Iudgement by relation shall defeat the Statute And it was resolved That the Iudgement shall have relation to the Essoin day which is the 20 day of Ianuary for that is the first day of the term legally and the fourth day after is the first day of the Term open Dyer 361. Pla. 10. A Release was pleaded after the last continuance and it bore date the 21 of Ianuary which was after the day of Essoin de Octab. Hil. And for that nought because that it came late for it ought to have been after the last continuance and before the last day c. 33 H 6. 45. Nisi prius was taken after the day of the return and before the fourth day after and adjudged nought because that the day of the return which is the Utas is the first day of the term and the fourth day after but a day of Grace and that is the difference If a man be obliged to pay money the first day of the Term he shall not pay it but upon the fourth day after for that is the first day in all common acceptance But in all legall proceedings the first day is the Essoin day And so it was adjudged 16 Eliz. And in the Kings Bench it was in one Williams Case A Iudgement was given the 20 of Ianuary and a Release of all Errours the 21 Ianuary and adjudged that that bars the Iudgement given the 20 Ianuary although it was not entred the fourth day after A Iustice in the Kings Bench examined an Infant upon inspection the Essoin day and found him to be under age and would not permit him to confess a Iudgement although that he would

case against Iohn Culpepper and Anne his wife for an Assumpsit made by Anne dum sola fuit And afterwards the Assumpsion is found by verdict And Davenport moved in arrest of Iudgement for that that there was not a sufficient consideration for whereas the wife was Administratrix to Goddard her first husband who was indebted to the Plaintiff for so the Plaintiff declared and that he intended to sue the wife as Administratrix and that the wife requested him that two might surveigh the account between her husband and the Plaintiff to which the Plaintiff assented and that two surveighed it accordingly when it appeared that the debt was due and that then the fore-acknowledgement of her husband to be so indebted In consideration of the premises assumed to pay the debt part at Michaelmas and the other part at a convenient time after But there is noe consideration to make her chargeable de bonis propriis as their purpose is to make her by their Declaration against her and not as Administratrix For it is not mentioned that in consideration that she had assetts or that the Plaintiff would forbear to sue her or otherwise c. So that the debt of her husband by the Assumpsit cannot be changed to her own debt And it is not like Banes case Co. Re. 9. 94. For there the Plaintiff was to forbear to sue him and for that assets is not requisite The like is Beeches case 15 Eliz. in that Court reported New Entries fol. 2. Richardson of the same opinion because there is not any consideration nought but the assent of the wise to the accompt which will hardly charge her de bonis propriis See Co. lib. 6 41. Pasch 3. Car. Com Banc. Thomas Ux. against Thomas Newark THomas and his wife brought Trespass against Tho. Newark for beating of the wife and taking of the goods of the husband only ad damnum ipsorum and afterwards the matter was found by verdict and it was moved that the Declaration was nought for the wife cannot joyn for a Trespass done to the husband alone but in a trespass done to the wife alone the husband ought to joyn and for that the Court awarded quod quere●… nil capiat per bill But it was said by Crook and Yelverton if ba●…on and feme bring trespass for the beating the wife the husband may declare for a trespass done to him ad damnum ipsius c. But it was said by Hutton if two joyn in trespass for taking goods whereof they were joyntly possest one of them in an action cannot declare for taking of the goods of him alone Which was agreed by Crook c. Blackhall against Thursby ONe Blackhall petitions in the Court of Requests to compel Thursby Lord of the Mannor to admit him to a Copyhold surrendred to his use which he refused before to doe And also forbad one to whom the Copyhold was demised by Blackhall to pay him any rent Vpon which it was decreed that Thursby should admit him to a Messuage and 17 acres whereas the Copy was of a Messuage and 3 acres and also that Thursby should set forth the bounds of the Copyhold which he had defaced and removed and that he pay the rent Hitcham moved for a prohibition for he said it was more just for a Court of Equity to compel a Lord to admit his Copyholder for before admittance he cannot have an action and he has no remedy at the Common-law And so if a Copyholder removes or defaces the bounds of the Copyhold it is proper for such a Court to design them To which the Court agréed but they would not compell him to admit him to the Messuage and 17 acres where the Copy is but of thrée acres which would be unjust unless that the 3 would comprehend the other 14. But parcel or not parcel of Copyhold belongs to the Common-law to try But the Court denied the prohibition for that cause for the Iustices said that that admittance to 14 acres does not bind the title but it sets at liberty as to that But if they had decreed that he should be admitted and also enjoy it to him and his heirs then the Decree had been unjust and a prohibition for that But for part of the Decree which touch'd the rent It was agreed by the Court if Thursby receive the rents the decree was just that he should pay it but if he did not receive the rents nor take the profits but only forbad the Tenant to pay the rent and he would save him harmless Then if it was decreed that he should pay the rent a prohibition to that part should be granted And Harvey Iustice in that case said That he knew it to be adjudg'd that a surrender with the appurtenances would pass land And of a Messuage and 3 acres would pass more acres if divers Copies successively have been so And upon questioning of Blackhall by the Chief Iustice for saying that after there was a Decree in the Court of Equity an Order of the Common-bench could not supersede the Execution of it And Iustice Yelverton declared That when he was in the circuit at York a poor man who sued before him in forma pauperis was arrested by process from the Council of York And that upon notice of it he commanded a writ of privilege to be made for him but the Officer of the Council would not obey it upon which he claps in a Habeas Corpus returnable at a certain hour and the Officer came without the body and refused to deliver the prisoner and said that he had not power to controll the process of the Council And upon that he set a fine upon him of 40 l. and his Act was approv'd on by the whole Court. For every one that sues before the Assize ought to have free egress and regress and staying while his business was ended And afterwards the Lord President said to Yelverton that he would complain to the King and Privy Council of him for that he had transgressed his authority and power And the Court said that they would justifie it c. Smith against Doctor Clay HEnden moved for Doctor Clay Viccar of Hallifax that a prohibition might be granted to the High Commissioners of York For that that these Articles by one Smith were preferred against him c. First that he read the holy Bible in an irreverent and undecent manner to the scandal of the whole Congregation Secondly that he did not doe his duty in preaching but against his Oath and the Ecclesiastical Canon had neglected for sundry mornings to preach Thirdly that he took the Cups and other Vessels of the Church consecrated to holy use and employed them in his own house and put barm in the Cups that they were so polluted that the communicants of the Parish were loath to drink out of them Fourthly that he did not observe the last fast proclaimed upon the Wednesday but on the Thursday because it was an Holyday

not but a liberty given by the Conisee to the Conisor to be at large That does not release the Execution Dolbins Case IN a Replevin the parties were at Issue and the Plaintiff sued a Venire f. c. returnable such a day at which day the Sheriff does not return the Writ Wherefore the Avowant by Ward prayed a Venire fac with a proviso for him And it was granted by the whole Court Fossams Case A Man after the Statute of 27 H. 8. makes a Feoffment in Fee to the use of himself for term of his life and after his decease to the use of I. S. and his Heirs The Feoffor does waste And I. S. brought his Action of Waste And now if his Writ shall be general or special was the Demur in Iudgement And Hutton and the other Iustices were clearly of opinion That the Plaintiff ought to have a special Writ And so it was adjudged afterwards Doswell against Iames. IN Debt brought upon an Obligation Iames shews that the Obligation was endorsed with a Condition to perform all the Covenants comprised in an Indenture and he pleads that all the Covenants were fulfilled And does not shew in certainty the Covenants nor how they were performed And Hitcham said that the Plea was not good For there is a Diversity when one pleads in the Affirmative and when in the Negative For if in the Affirmative he shews in the certainty how the Condition or Covenants were performed And there is no diversity in my opinion between the Conditions which were upon the dorsed Obligation and the Covenants in the Indenture And it is to be thought that he who knows more of the Truth should shew it in his Plea And therefore he who pleads the Affirmative shews how the Conditions are performed Because it lyes much in his knowledge Whether he hath performed them or not But where he pleads in the Negative otherwise it is For there he is not to shew the certainty And yet I will agree that if one brings an Action of Debt upon an Obligation indorsed with a Condition The Defendant may plead the Conditions performed generally But otherwise it is of Covenants in an Indenture And in an Obligation with a Condition endorsed if he pleads the Conditions performed and he shews what thing he hath done If it be in the Affirmative he ought to shew the certainty of it also So that for that cause the Plea will not avayl Also it is incertain and doubtfull to the Iury. For if in that Case we are at Issue upon such a general Plea Although it shall be tryed by the Iury Yet it would be strange to enquire of such general things Wherefore c. Gerrard against Boden AN Annuity was brought by Gerrard against the Parson of B. And the Plaintiff counts That the said Parson granted an Annuity of 40 l. pro bono consilio suo imposter impenso for term of life of the said Parson And for 30 l. of arrerages this Action was brought Finch thought the Count not to be good And first it is to be considered If that Annuity might be assigned and granted over or not And as I think it cannot For an Annuity is not but as a sum of mony to be paid to the Grantee by the Grantor And not at all to the realty if the Land be not charged by express words in the same Deed. And to prove it If a man grant an Annuity to me and my Heirs without naming of my Heirs If the Annuity be denied it is gone Because my Person is only charged with the Annuity and not the Land So if a man grants to you the Stewardship of his Mannor of D. and to your Heirs you cannot grant that over And so of a Bayliwick But peradventure it may be said That an Annuity may be granted over in this Case Because in the Habendum It is said to the Assignees of the Grantee But that is nothing to the purpose as I think For I take a difference when a thing comes in the Habendum of a Deed which declares the Premises of the Deed For there it shall be taken effectuall but otherwise not As if Lands be given to a man and his Heirs habendum sibi haered de corpore suo procreat That is a good tayl But if a thing comes in the Habend which is repugnant to the Premises of the Deed and to the matter of the thing which is given by the Deed Then the Habend is void for that parcel As in the Case at Bar it is meerly contrary to the nature of the Annuity to be assigned over to another And there is no remedy given for it but an Action and it is Common learning that a thing in Action cannot be assigned over unless it be by the grant of the King Also by their Declaration they have acknowledged it to be no more than a chose in action Then a Rent seck for which he had not any other remedy but an Action after Seisin For he said that he was seised in his Demesn as of Franktenement of the Rent aforesaid Then it ought to be a Rent-seck For of no other Rent can a man be seised in his Demesn because they lye in prend As of Advowsons common for years and of Estovers And I will not agree that difference put by Littleton in his Book to this purpose For of such things which lye in manual occupation or receipt A man shall not say that he was seised in his Demesn as of a Rent Because it lyes in the prend Pasc 4 Car. Com. Hanc And in the 21 E. 4. The Case is doubtfull And Crawley of the same opinion Hitcham of the contrary And at another day Hutton said that the parties were agreed Hitcham We desire to have your opinion notwithstanding for our learning Hutton said We are agreed that the Annuity may be granted over and it is not so much in the personalty as hath been argued by Finch And in some Books it is said that a Release of personal Actions is not a Plea in a Writ of Annuity Groves against Osborn THe Case was thus A man makes a Lease for life the Remainder for life upon Condition that if the second Lessee for life dye in the life of the first Lessee That the Remainder in fee shall be to another And it was said That that Remainder might commence upon that Condition well enough It was said by Atthowe That where a Remainder depends upon a determination of another Estate So that none shall take any Estate by the Remainder upon Condition then the Remainder is good As if a man give Lands to A. for life upon Condition that if I. S. pay me 40 s. before such a day That the Remainder shall be to him That is a good Remainder But when an Estate is to be defeated by a Remainder depending upon that Then the Remainder is not good As if I lease Lands for life upon Condition That if the Rent be in

was not shewed within two 2 daies And Bents Case and Hoptons were adjudged accordingly See 30 Eliz. rot 126. In the Case of a Sheriff there Wroth against Harvey DOwer was brought against an Infant and upon default Iudgment was given against the Infant and there was something assigned for error but notwithstanding Iudgement was affirmed as to that But afterwards an other errour was assigned in the record For that that the entry is obtulit se per Clerk atturnatum suum and names him not And so was the Case where such an one by Higgius atturnatum suum obtulit se And for that cause naught And Dyer 93. Because in waste the obtulit is per atturnatum suum and names him it was naught But Richardson said upon the first obtulit se it is not requisite to name the Attourney but upon the second Barleys Case NOte It was said by Richardson If a man says in his sickness I give 20 l. to I. S. and does not make Executors Yet I. S. shall recover against him who has the goods Crook said that 3 H. 4. That a devise is void if a Legacy be given and no Executors made Winchcombe against Shepard IN an action of the case for cutting of the bank of the River of Charwell by which the water run forth and drowned his meadows The Defendant pleads in bar that one Brooke was seised of a Mill called Gammons Mill and that there is a certain rivulet betwéen Gamors Mill aforesaid and Clyftons And that he and those whose Estate he had in Gamons Mill have used time out of mind c. as often as the said Gammons mill should be ruinous to cut the aforesaid bancks of the aforesaid rivulet in which the Trespass aforesaid is supposed to be done and to let out the water in old Charwell to repair the mill And he shews that the mill was ruinous and that he cut as aforesaid to repair and the water run out of the said old Charwell and so justifies And there was an exception taken by Atthow to this bar For that that he does not answer nor justifies to the place where the Trespass was done For he said that there is quidem Rivulus which is always to be intended of a strange thing As 6 E. 6. Dyer 70. In Trespasse the Defendant said quod quidam I. S. granted the part to him and afterwards said again quod quidam I. S. granted And because that he conveys two grants to himself by two persons for so the second quidam shall be intended And it shas ruled to be naught See the 33 and 34 Eliz. Debt by Lowe against Wotton The Defendant pleads that a long time after the Obligation was made by himself and Bassett quod quidam Iohannes Bassett acknowledged a Statute to the Obligor And because that he says quidam which shall be intended a strange person it was no plea. And the debt upon the Obligation is gon by the acknowleging the Statute See 9 H. 6. 16 17. In a quare impedit for the King of the Chauntry of St. Tho. and alleges a presentation The Defendant says that there is a Chapel of St. Thomas in the same Village and that the Defendant and all his Ancestors have béen Patrons of the same Church It was held no plea for there is no answer to the title made by the King For it shall be intended of another Chapel But here because that he said virtute cujus he cut the aforesaid banks of the rivulet aforesaid in quo transgressio praedict fieri supponitur A sufficient answer was made to the same place so ruled by the opinion of all the Iustices But it was objected that this barre was not good upon the matter For although he might let it out yet he ought not to drown any ground But because that the fault was in the banks of old Charwell He is not punishable for that lawfull Act which he had done Otherwise if he had not prescription 6 E. 4 6. If I have a pond I cannot so let it out that it shall surround the ground of my neighbour Another exception was taken for not pursuing the prescription For he does not shew that the place where the cutting was alleged was between them two mills whereof he makes mention Yet adjudged contra querentem And afterwards this judgement was reversed by errour because he had made his prescription local and that ought to be pursued But for the overflowing after the letting out It was by all held that it is not punishable Ienkins's Case THomas Ienkins as heir to Iohn Ienkins brought errour upon a Iudgement given upon an indictment upon the Statute of 1 Eliz. of Recusancy and assigns this error For that the Indictment was contra formam Statut. edit 23 Ian. 1 Eliz. Where the Parliament began 25 Ian. And for that it was held erroneous 3 Eliz. Dyer 203. Other matter was alleged for that that the Statute is that it shall be taken before Iustices of the Peace or Gaol delivery The Indictment was before the one and the conviction before another But that was thought a small matter And it was beld by the Iustices that the heir might have a writ of Error upon such a Iudgement As upon execution of a Statute after the death of his father It was objected that he brought error as heir but does not shew how he is heir But nothing is answered to that Keene against Cox IN an action upon the case brought by Keene for saying He is falsly forsworn before the Iustices of Assize between A. and B. Adjudged that it lies Mercer Ux. against Cardock Ux. MErcer Ux. brought debt against Cardock and his Wife as Administrators of one Tox. And upon plene administr pleaded The Plaintiff replies that they had assetts to satisfie the aforesaid Defendant whereas it should have been Plaintiff And because that it was but the misprision of the Clark It was held that it might be amended the record now being brought before them by errour Calthrop against Allen. IN Debt the demand was of 19 l. 17 s. and declares upon five several contracts and shews the certainty upon every of them which being cast up amounted to 20 s. more than was demanded And because that he does not shew how he was satisfied of the remnant It was held quod nihil cap. Goodridges Case AN Indictment of Murder was brought against Goodridge and this exception was taken because that the Indictment was That the said Francis who was murdered such a day apud quondam Down vocat Westmen Downe in the County of Hampton insultum fecit quod ibidem habuit tenuit quoddam gladium in his right hand praedict Franc. percussit and does not say ibidem percussit And therefore naught For it is not of necessity to be intended that the percussion was at the same place Also he said whereof instanter obiit that is no certainty but by argument that he died in the same place