case Beecher against sir thomas shirley a entry upon record quod non vult  beyond attendance be a retraxit post     light Leon cro Elizabeth ld raym Bac  ab will a retraxit can be enter by attorney eat without die and sit ind  quietus be of the same effect   where amerciament ought to be the judgement  the omission of it may be assign for error the Henry c extend to all  discontinuances as well after verdict as before a discontinuance can never be  object pendent plea error of a judgement in debt upon a obligation the  condition of which be that a hundred pound shall be pay at the house of sir  Thomas Shirley in Whitefriars the defendant sir Thomas Shirley plead payment  and it be find against he the jury be of the parish of saint Dunstan c and it  be not aver in the plea that the house be in that parish the court be  thereupon in doubt after diverse motion the plaintiff Beecher be content that  a discontinuance shall be enter intend to bring a new action of debt but by  the negligence of his attorney it be enter in this manner et prediction  William Beecher per I h attorney suum go for sale hic in curian et to confess  see nolle beyond attendance therefore considerate be quod defendens eat ind  without die in a new action upon this bind this judgement be plead in bar for  it be a retraxit which be a absolute bar and it be hold to be a good bar  whereupon he bring error upon the first judgement the first error assign be  for that the retraxit ought to have be in proper croak James er p person and  not by attorney for that be quasi a departure from his warrant for he have not  alley such warrant and it be as a departure in spite of the court and as a  contempt and it can be a departure unless it be by the party himself Fleming  chief justice and croak be of that opinion a second error be because the  judgement be not quod defendens sit ind quietus but they hold it to be well  enough for eat without die and sit ind quietus be both of one effect three for  that there be no judgement against the plaintiff to be in pity which be hold  to be erroneous and that the plaintiff himself in who advantage it be omit may  assign it for error in the judgement for in every case the plaintiff and  defendant ought to be in pity or capias pro fine a unless the defendant come  primo die and confess the action for it be for the king benefit and therefore  may be well assign for error by either party croak throw fourthly it be show  that there be a discontinuance for there be not any continuance from  Michaelmas term James at which time the verdict be give to Michaelmas term  James at which time the judgement be give and that it now be well assignable  for error and not aid by the statute of Jeofails because the judgement be not  give upon the verdict for then it have be good although it be after verdict  but be upon the retraxit which be out of the statute and it be say that a  discontinuance can never be object pendent plea before judgement for it may be  continue at the pleasure of the court but after judgement in another term it  may be well reject and no continuance can then be enter wherefore it be  reverse