case munes versus GOMECERA in court Lord chancellor eoden die quaere if the  exchequer Chamber can try a matter of fact Mr attorneygeneral for the  defendant move to supersede two writ of error bring by the plaintiff contrary  to his agreement and after give two release of error the defendant Gomecera be  bind with the plaintiff in a bind of pound to Hubbart as his surety Hubbart  put the bind in suit against the defendant who pay the money and have the bind  assign to he and buy his action against munes and have judgement and munes  give he a release of error and yet notwithstanding bring a writ of error and  munes be further indebt to the defendant they come to a general account and  munes give the defendant two bind for the balance with warrant of attorney to  confess judgement and release of error on each judgement and Gomecera object  that notwithstanding these release he may bring writ of error as he have do on  the former mosely report judgement he promise he that he will not and yet have  bring two writ of error in the exchequer Chamber returnable this day and as  that court can try a release without the aid of this court we shall lose the  benefit of our release Lord chancellor I have know it indeed a question  whether the exchequer Chamber can try a matter of fact but the court be of  opinion they can error indeed in fact do not lie before they by the statute  but this be not a error in fact but a plea in bar No bill be depend in this  court no unfair practice have be commit here but only a writ of error be sue  out which be a writ of right and will you have I supersede it on these  suggestion Mr solicitorgeneral as the writ issue out of this court it be  proper to apply to your lordship till it be return into another court and then  indeed the application will be proper there and if there have be any  irregularity in the issue out the writ or if it issue contrary to the express  agreement of the party these be sufficient cause to apply to your lordship a  error in fact can be try in the exchequer Chamber because they can issue a  venire and though this be not a error in fact but a plea in bar yet if the  release shall be deny they can proceed because the court can try it and so we  shall lose the benefit of these release and though a writ of error be a writ  of right and so indeed be every process yet nothing be more mosely report er p  common than where the party agree not to bring error for the court of law to  set they aside on motion and such a agreement may be take advantage of in this  court as well as at law for sure a man may agree to depart from his right Lord  chancellor let the other side show cause on Tuesday why these writ of error  shall not be supersede and proceed stay in the mean time see post Cas Cas  mosely report Monday January