case carter case if a person convict of felony go abroad after exigent award  he can assign his absence to reverse the outlawry but if he assign that he be  abroad at the time the outlawry be pronounce and the attorneygeneral confess  it shall be reverse roll ab   hawk p c Bac Abr error be bring to reverse a  outlawry for murder the error assign be quod tempore promulgationis  utlagaricae et day before et post he be in birth beyond sea videlicet at  Haarlem in hollandia c the attorneygeneral confess it it be move at the bar  that this assignment of error be ill for he ought to have say at the time of  the exigent award and not at the time of the judgement of the outlawry vide  Henry pl Edward but to prove that this assignment be good be vouch on the  other side Henry pl Henry pl and the new book of entry Elizabeth Skirrows case  et per curian if a man commit a murder and after exigent award he fly out of  the realm and after he be outlaw he shall not reverse this outlawry for that  cause for he depart destinat council and upon set purpose to avoid the law and  therefore by his absence he shall not have the benefit of the law and if one  commit felony or murder and after exigent and before outlawry depart and  afterward bring error thereupon and assign his absence for error the king  attorney may reply that after the exigent and before the outlawry pronounce he  depart but forasmuch as in this case the attorneygeneral have confess et non  constat to the court that he depart for that cause the outlawry be reverse and  he plead to the indictment a not guilty c and be find guilty of homicide case  Holford against platt a a infant sue out a assize of novel seize against b  returnable in the king bench but between the testae and return of the writ b  sue out a assize against a in the common plea and obtain judgement by default  plead the recovery in bar of the first assize a reply that he be a infant at  the time that he be not the terretenant and that the recovery be by default  and on demurrer to this replication it be adjudge that a be a infant and the  judgement against he by default the recovery be no bar to the action if  judgement on a demurrer be give against the tenant in a assize of novel seize  and on be demand he make default damage shall only be inquire of from the time  of the seize a cro car Mod Mod vern vern peer wms peer wms hawk p c croak  James er p assize of novel seize the tenant plead a recovery in a former  assize against he the defendant reply that he be a infant and aver that he be  not terretenant at the time of the recovery but that Platt be tenant and that  it be a recovery by default whereupon the tenant demurrer croak throw this  case be argue several time at the bar in Trinity and Michaelmas term by finch  and Coventry for the defendant and by davenport and Ireland for the plaintiff  and now this term it be argue at the bench Houghton justice hold the bar to be  good and that a recovery in a assize be a good bar in another assize as assize  pl Henry pl   and he say that the replication consist of three allegation  first that before the assize bring in the common plea the demandant be seize  and by the tenant seize whereto he say that a general allegation be no good  plea against a judgement and cite Henry fol colt case and Henry pl that where  a fine from a ancestor of the plaintiff be plead in bar of a assize if the  plaintiff be a infant the assize shall not be take at large because it be  matter of record whereto he ought to answer Henry pl ass pl Henry pl Edward  title Ayel and the opinion of Parning that where a recovery by default be  plead in a assize the plaintiff may notwithstanding be receive to aver his  writ be deny by the other justice to be law and the case in ass pl that where  in a assize bring the tenant plead that he recover against a stranger in a  assize the same land and the plaintiff make title to himself by general  allegation videlicet that long time before the writ bring he be seize until  seize and issue be join thereon the title be award without show how he come  thereto be hold by he to be good law but the case at the bar differ from it  for here the recovery be against the plaintiff himself and in the other it be  against a stranger and where it have be object that if a man have a judgement  to recover in a assize the tenant in such case may have a assize of a high  nature it be to be intend where a seize which be more ancient than the seize  shall be allege for the recovery bind all seize which be puisne to the first  seize except in the case of dower the second allegation be that the plaintiff  defendant at the time of the former recovery be a infant and yet S to that he  answer and agree that a infant shall have diverse privilege which a person of  full age shall not have if judgement be give against a infant by default after  the default he shall have a writ of error and reverse the judgement for his  nonage yet he say if a infant after appearance make default judgement shall be  give against he and he shall not reverse it and if default shall not bind a  infant then a recovery can not he have against he until full age and as the  case in Henry pl where a infant bring a assize and be bar and afterward bring  a to know facias to execute a fine of the same land and the bar in the assize  plead against he be not allow and in Edward Title infancy may seem to  contradict his opinion he say there be a difference betwixt a conclude by  plead and a bar of his right by judgement the three allegation be that Holford  be not tenant of the freehold whereto be say that that shall not help he for  he shall not be croak throw allow to plead non tenure general against the  judgement as Edward pl Doderidge justice argue to the contrary and say that a  recovery be not so sacred that it may be falsify as well in point of recovery  for the thing as also betwixt the same party the case in question be concern a  infant and as it appear by dyer and the yearbook Edward that the judge ought  to be his counsellor in this case also the infant can have error or attaint  and therefore he may falsify first here be a title and judgement plead against  a infant whereas his title be not discover which ought to be do two several  way videlicet by appearance or by default upon his appearance in two manner  videlicet by confession or by nient dedire if a infant in a assize will  confess the court shall not receive his confession a and if he will not plead  the jury shall not inquire upon the point of seize but at large Edward pl if  he make a default and so will not discover his title his default be either  wine heedlessness and that shall not prejudice he Edward saver default ass pl  Edward saver default or it be a hale foster hawk p c in notorious facts croak  James er p heedlessness cum contempt as Bracton call it and be in the same  degree as a departure in despite of the court as if he appear and after make  default and there judgement shall be give against he Edward pl dyer Edward  saver default but situation that judgement be give against he upon laches he  may have a writ of error and allege that he be a infant and that it be give  against he by default and the other shall not plead in nullo be erratum but  the issue shall be upon the nonage but in this case he can help himself by a  writ of error for the judgement be not give against he upon the default but  the assize be upon the default as Ferrer case   also he can in this case have  a attaint for it may be that the verdict be true as admit that Platt be seize  and seize by Holford and then release to Holford and afterward seize Holford  the verdict in this case be true and yet he may maintain the assize against  Platt it have be say that one shall not falsify where himself be party but  that rule have three exceptions First if I can show by way of replication that  this recovery be void in law I may falsify it in a assize as Henry pl ass pl  and Edward pl second if a man recover against I certain tenement in b and they  lie in a and I bring a assize of my franktenement in a the recovery in b shall  not bar Edward faux recovery three where the recovery by default be upon a  writ abate as if a assize be bring against my father and he die hang the issue  and judgement be afterward give against he in this case because the writ be  abate de facto I may falsify the recovery Edward ass croak throw croak justice  to the contrary first he grant that a infant have diverse privilege as well  touch his person as his estate and that in all real action a infant shall have  his age Edward pl Edward pl Edward age but the difference be betwixt those  thin S which concern the hereditary right for which the parole shall demurrer  and those action which be bring and ground de son tort demesne as in waste  seize or the like and the reason be well express in Henry pl that he shall not  be there privilege because ill will supply lifetime and where it be say in  Henry pl that a infant shall not lose by default it be to be understand of a  hereditary right second he hold that this point have be try it can be try  again and rely upon Ferrer case a and the yearbook of Henry the six b three he  hold that the infant may have error or attaint for first the jury may have  precise conusance the proof also be in the affirmative videlicet a seize and  seize and the burden thereof lie upon Platt to prove nor ought the court to  recede from the former judgement for judge in curian king To give back non to  withhold reversari well annihilar nisi per wandering well wipe on fourthly it  be not mere negligence but a contempt be thereto join and there be a  difference betwixt a default upon a original in another action and a default  in a assize for the solemnity of that action but as this case be he conceive  there be not sufficient matter to stay the take of the assize for first the  defendant Platt plead it by way of estoppel and conclusion and do not say in  facto that he himself be seize but the chief reason be the circumstance and  mischief which will ensue for the fraud be so visible and palpable quod manu  to draw violently to be able and then the rule hold who per fraud stir about  in vain stir about by the yearbook Edward pl ass pl ass pl recovery by  collusion pen the action shall not abate the first writ by Edward and ass if  tenant for life suffer a recovery by collusion or nient dedire it be a  forfeiture of his estate Montague chief justice argue that this recovery plead  in bar be void because the assize be de puisne temps to that assize and so  prevent to have recovery before the plaintiff which be confess by the demurrer  he agree that regular a bar in a assize be a bar in a action of the same  nature but this rule have three exception first in case of a parson prebend or  tenant in tail as the yearbook of Edward pl S second if he be in from any  title Henry pl Henry pl three if he be a infant as Edward pl home non youth be  for a assize be not so strong a estoppel as other action as Henry pl the  tenant plead in bar the plaintiff show all his title at large without answer  to the a   b Henry pl croak James er p bar so in ass pl and there be not any  difference where the recovery be against a stranger and where it be against  the tenant and he say that this assize be bring of a seize to the seize allege  in the first assize and cite croak throw Edward pl Edward Title Henry pl  Edward pl and ass pl as to the objection quod judge To give back in curian  king c it hold not in this case for as Doderidge say it can be help by any of  the say way a infant also be out of the intent of this statute for a judgement  against a infant shall not bind he and all judgement be either by award by  confession by default or by trial first judgement by award shall not for as  ass pl be he may plead a release in bar after a assize award so by Henry pl  judgement in account against a infant that he shall account do not bind he if  he do not enter into the account second judgement upon confession Edward pl  ass pl three judgement upon trial by default as Henry pl and ass fourthly upon  judgement by trial that it shall not bind a infant the yearbook of Henry pl  that if there be a trial by verdict it shall bind a infant be to be expound by  Henry pl where it be say to be in a trial where the infant shall once appear  and for authority in the case vide ass pl ass pl a assize be thereupon award  and after this demurrer adjudge for the plaintiff the tenant in easter term  James be demand make default whereupon the jury be direct by the court to  inquire only of damage from the time of the seize for the seize and seize be  confess by the demurrer of the tenant as in ass pl and ass pl if to a assize  the tenant plead a release in bar which be find against he the assize shall be  award in right of damage and it be there say with a notam that if the tenant  plead in bar and afterward demurrer in judgement upon another point out of the  point of the assize and judgement pass upon the demurrer against he that the  assize shall be award in point of damage and not at large and by Henry upon a  plea plead which be out of the point of the assize seize shall be take to be  confess and the jury shall inquire only of the damage and so the judgement be  here give accord