case sir christopher heydon against roger GODSALVE and other vide ante a writ  of error be a supersedeas although it be bring on a judgement in a former writ  of error in which a supersedeas be grant and if the writ name one of the judge  capital crime justitiarius ad placita without add in person we tenant assignat  the omission be fatal ante post roll ab more godb Mod vent lev Bac ab to Rep  Com dig a writ of error be bring returnable in parliament of a judgement give  in the king bench in a writ of error in affirmance of a judgement in a assize  and this writ be grant upon a special petition to the king and now this term  it be pray that execution may be grant notwithstanding this writ of error  because at another time he have a supersedeas upon the first writ of error  whereby the plaintiff be delay in the execution of his judgement in the assize  and therefore he ought not to be again delay by a new writ of error vide Henry  pl Henry second this writ of error be to reverse a judgement upon a judgement  and the first judgement be affirm by the second judgement be more than a  single by James c after verdict in any court of record no judgement shall be  stay or reverse by reason the visne be in some part misawarded or sue out of  more place or few place than it ought to be so as some one place be right name  by and car c after verdict judgement thereon shall not be stay or reverse for  or because that there be no right venue so that the cause be try by a jury of  the proper county or place where the action be lie by Ann c every venire  facias for the trial of any issue in any action or suit bring in the court at  Westminster shall be award of the body of the proper county where such issue  be triable provide that this shall not extend to any indictment presentment or  appeal of treason murder or felony or to any action or information on any  penal statute but by Geo c every venire facias for the trial of any issue on  any penal statute shall be award of the body of the proper county where such  issue be triable see also Geo c hargrave   light b note Com dig amendment h  and cro Elizabeth croak James er p judgement and it shall be intend true  wherefore the execution shall not be stay no more than in a attaint diverse  exception be also take to this writ of error whereby the record ought not to  be certify thereupon first because that the writ be in think over et process  assisae novae disseizinae who to be inter Self Rogerum c et a saying  beforehand christopherum summon et captain in person dilect et fidel Nost  recently Thom Fleming recently capital justitiar nost ad placita et John  Doderidge soldier to make one justitiar nost ad placita in person we tenant  assign justitiar nost ad assisas in comitat norf recently assignat c exception  because he do not show who be plaintiff or who be defendant in a writ of error  nor in the assize say non allocatur for the precedent be both way sometime to  name the plaintiff and defendant and sometime not second because he do not  show whether the assize be by writ or without writ by custom three because he  do not show the place where the assize be hold fourthly because Thomas Fleming  be name capital crime justitiarius ad placita and he do not say in person we  tenant assignat five for that the writ be record we sub seal you in feel or  perceive beforehand parliament to cause to go whereas it ought not to be croak  throw certify under his seal but only the record bring by his hand and the  transcript leave in parliament and the record itself ought to be carry back by  the chief justice vide dyer Edward error Henry error all Henry pl Henry pl  afterward all the justice deliver their several opinion concern these  exception and they all except Doderidge conceive the writ ill upon the four  exception for there be no such record before sir Thomas Fleming capital  justitiar ad placita the word in person we tenant assignat be omit and the  addition of they after these word videlicet Johan Doderidge soldier to make  one Justitiariorum our can refer they to the first vide dyer and for the sue  execution they all except coke chief justice hold that the writ of error be a  supersedeas in itself for although there be a supersedeas before that be upon  another judgement and this writ of error be upon another judgement and be in  debate whether it be error or no and until it be determine they may not  proceed to execution and they all hold that a writ of error in parliament be  by the dissolution of the parliament determine