de faith duty judge non keep back questioning say de knowledge sive error sit  justice sive fact the law do so much respect the certainty of judgement and  the credit and authority of judge as it will not permit any error to be assign  that impeach they in their trust and office and in wilful abuse of the same  but only in ignorance and mistake either of the law or of the case and matter  in fact and therefore if I will assign for error that whereas the verdict part  for I the court receive it contrary and so give judgement against I this shall  not be accept so if I will allege for error that whereas I S offer to plead a  sufficient bar the court refuse it and drive I from it this error shall not be  allow but the great doubt be where the court do determine of the verity of the  matter in fact so that be rather a point of trial than a point of judgement  whether it shall be re-examined in error as if a appeal of mayhem be bring and  the court by the assistance of the chirurgeon adjudge it to be a mayhem  whether the party grieve may bring a writ of error and I hold the law to be he  can so if one of the Prothonotaries of the common plead bring a assize of his  office and allege fee belong to the same office in certainty and issue be take  upon these fee this issue shall be try by the judge by way of examination and  if they determine it for the plaintiff and he have judgement to recover  arrearage accord the defendant can bring no writ of error of this judgement  though the fee in troth be other so if a woman bring a writ of dower and the  tenant plead her husband be alive this shall be try by proof and not by jury  and upon judgement give on either side no error lie so if nul tiel record be  plead which be to be try by the inspection of the record and judgement be  thereupon give no error lie so if in the assize the tenant faith he be county  de dale nient nosme county in the writ this Elizabeth in sander case come  maxim f n br fol h h off m die mar ass pl h h mar die mar die h Elizabeth die  ass ass ass Edward h h ass pl Edward shall be try by the record of the  chancery and upon judgement give no error lie so if a felon demand his clergy  and read well and distinct and the court who be judge thereof do put he from  his clergy wrongful error shall never be bring upon this attainder so if upon  judgement give upon confession for default and the court do assess damage the  defendant shall never bring a writ though the damage be outrageous and it seem  in the case of mayhem and some other case that the court may dismiss  themselves of discuss the matter by examinadon and put it to a jury and then  the party grieve shall have his attaint and therefore it seem that the court  that do deprive a man of his action shall be subject to a action but that  notwithstanding the law will not have as be lie in the beginning the judge  call in question in the point of their office when they undertake to discuss  the issue and that be the true reason for to say that the reason of these case  shall be because trial by the court shall be peremptory as trial by  certificate as by the bishop in case of bastardy or by the martial of the king  c the case be nothing alike for the reason of those case of certificate be  because if the court shall not give credit to the certificate but shall  re-examin it they have no other mean but to write again to the same lord  bishop or the same lord martial which be frivolous because it be not to be  presume they will differ from their former certificate whereas in these other  case of error the matter be draw before a superior court to re-examine the  error of a inferior court and therefore the true reason as be say that to  examine again that which the court have try be in substance to attaint the  court and therefore this be a certain rule in error that error in law be ever  of such matter as be not cross by the record as to allege the death of the  tenant at the time of the judgement give nothing appear upon record to the  contrary so when the infant levy a fine it appear not upon the record that he  be a infant therefore it be a error in fact and shall be try by inspection  during nonage but if a writ of error be bring in the king bench of a fine levy  by a infant and the court by inspection and examination do affirm the fine the  infant though it be during his infancy shall never bring a writ of error in  the parliament upon this judgement not but that error lie after error but  because it do now bee ass f n Br ass h h f n Br r pear upon the record that he  be now of full age therefore it can be no error in fact and therefore if a man  will assign for error that fact that whereas the judge give judgement for he  the clerk enter it in the roll against he this error shall not be allow and  yet it do not touch the judge but the clerk but the reason be if it be a error  it be a error in fact and you shall never allege a error in fact contrary to  the record