case Dunstall who tam c against Dunstall quod cum be bad in debt on a penal  statute error upon judgement in debt upon the statute of conventicle for  twenty pound error assign over as far as be first it be all but recital in the  declaration by a quod cum so that there be nothing lie positive no averment  direct that there be a conventicle hold or keep in trespass quod cum be nought  though good in case sure in suit upon a penal law the charge ought to be  positive second the judgement be here quod defendens sit in pity whereas it  ought to be quod to take in hand which be also nought as it be error in a  judgement on a to know facias on a judgement to say quod recupere debt is owed  suum predict whereas it ought to be quod to have performance good form ought  to be keep in judgement and this be not bare informal for here by this pity  the king have lose a fine due to he which he will have have upon the award of  a to take in hand a and for these cause judgement be reverse b a Litt sect b  see the case of Marsham v butler roll Rep and the yearbook Edward pl a a by  will mary e no writ of capias shall issue for this fine see Bl command salk  Carth b by car c no judgement after verdict cognovit act or relict  verificatione shall be reverse for want of a pity or to take in hand or by  reason that a to take in hand be enter for a pity or a pity for a to take in  hand but this Act do not extend to any action popular or any other action upon  a penal statute except debt for not set out tithe by Ann c it be extend to  judgement by nothing to say or non sum shape and to all suit for recovery of  any debt immediate owe or any revenue belong to the crown and by Ann c S to  all writ of mandamus and information in the nature of quo warranto by Geo c S  all the statute of Jeofails whatsoever be extend to all proceed in court of  justice except in criminal case and in Middleton v win on a judgement on will  c for double damage for a false return it be assign for error that a pity be  enter instead of a to take in hand and the court doubt whether the judgement  be for this reason erroneous but agree that if it be wrong it be amendable  because this be not a criminal case cite in Alcheson v Everet Cowp see also  Sedgwick v Richardson lev Philips v smith stram Tully v spark stram Richard v  brown dougl and Goff who tam v Popplewell term Rep and Geo c shower KB er p