case Bartholomew against Belfield Trinity term James roll the omission of the  Christian name of the attorney in the warrant of attorney be not amendable  roll Abr Cowp say vide Richard v brown dougl and to Rep the tenant to the writ  may plead a fine with proclamation in bar of a writ of error roll Abr cruise  on fine dougl a fine with proclamation be a good bar to a writ of error bring  after the five year be pass error bring by John Bartholomew son and heir of  Thomas Bartholomew against Henry Belfield of a judgement give by default in  the common plea Trinity term Elizabeth in a formedon in descender against  Thomas Bartholomew the father for a message and land in Sunninghill in the  county of Berks the plaintiff assign for error the default of the warrant of  attorney who be for the demandant in the formedon Henry Belfield to put down  loco his Dawli attornatum suum without put his name of baptism which be  Anthony vide Elizabeth dyer which seem to be error not aid by any statute nor  amendable the defendant in the writ of error plead in bar a fine with four  proclamation the first proclamation June Trinity term Eliz the second  proclamation November Michaelmas term Eliz the three proclamation January  Hilary term Eliz the four proclamation may easter term James accord to the  statute of Elizabeth which fine be levy to John Serle and his heir of the  message and the land in question to the use of hire and his heir with warranty  and the time of the engross the fine be show in the plea and that by virtue  thereof John Serle enter and be seize of the say message and land to the use  of he and his heir and demand judgement whether the plaintiff shall be receive  to bring a writ of error or to assign error against this fine with  proclamation whereupon the plaintiff demurrer two point be move at the bar by  Damport for the plaintiff first whether he who be only tenant to the writ and  not tenant to the land as the defendant here appear to be may plead croak  throw this plea which go in bar of error second whether the bar be good and it  be resolve by the court upon solemn argument that the tenant to the suit may  well plead this plea vide Henry pl pl Edward pl pl sir Richard Waldgraves case  Fitzherbert nat Br fol king   the marquis of Winchester case second that this  fine and five year pass without bring a writ of error be a good bar by the  word action within the second save of the statute of Henry c coke chief  justice remember Mandeviles case to be so adjudge upon solemn argument in the  exchequer Chamber Elizabeth that if one have right to a writ of error and  suffer five year to pass without bring that writ he shall be bar by croak  James er p that fine and five year pass and so it be say to be adjudge  Elizabeth in Barton v Harvie and Damports case Elizabeth dyer against the  opinion in Zouches case blow vide   b Lampets case and   Seymors case croak  throw hilary term James in the king bench sir Edward coke Knt chief justice  sir John croak Knt sir John Doderidge Knt sir Robert Houghton Knt justice sir  Francis Bacon Knt attorney general sir Henry Yelverton Knt solicitor general