case hitchin against stevens Trinity term car roll in debt for rend by the  bargainee of a reversion the omit to state attornment in the declaration be  aid by the verdict SC Jones SC raym SC Danv Abr bargainee of a reversion bring  debt for rend and allege no attornment nil debet plead and a verdict for the  plaintiff move in arrest of judgement because the plaintiff have set forth no  title to the rend as he have none without attornment a there be shower KB cite  the case of king v Somerland latch and pope v Skinner in hob roll but a rule  be take and agree by all the court that in any case where any thing be omit in  a declaration though it be matter of substance if it be such as without prove  it at the trial the plaintiff can not have have a verdict and there be a  verdict for the plaintiff that such omission shall not arrest the judgement c  quaere then what occasion for the late statute Geo c by which this oath be  abolish note to the former edition d that the party must be summon see king v  Venables stram ld ray king v ken ld ray beg v dyer salk and such summons ought  to be show in the conviction Boscaw say queen if it deed be particular set  forth Reg v green Mod king v Simpson stram king v Mallinson burr but the  defendant appearance cure any defect in the summons or even the total want of  one beg v Barret salk king v Johnston stram king v aikin burr e but see king v  barrett salk f the commitment be on the statute car c common call the Oxford  Act by which it be enact that all person who shall take upon they to preach in  any conventicle contrary to the law and statute of the kingdom shall not  unless only in pass on the road come or be within five mile of any city town  corporate or borough or within five mile of any parish town or place wherein  he have take upon he to preach in any conventicle c before he have take and  subscribe the oath and any two justice of the respective county may hear and  determine the offence and commit the offender the defendant be commit in  Middlesex and it appear by SC report by sir Thomas Jones that he be discharge  because it be not show that he come to any place in the county of Middlesex  within five mile of London or within the five mile after he have preach at a  conventicle SC Jones this Act be further enforce by car c but see the  toleration Act will mary c a see Ann c and Geo c by which the necessity of  attornment be in this case take away shower KB er p and upon this after solemn  debate in Hilary term follow judgement be give for the plaintiff b