coke a Beechers case mich James in the exchequer see Kemp v Neville c b NS to  debt on bind the defendant plead payment upon which the party be at issue but  for default of a good visne judgement be arrest afterward the plaintiff per  Johan Osborne attornatum suum go for sale hic in curian et to confess see in  curian hic beyond nolle attendance upon which judgement be give that the  defendant eat without die and there be no amercement on the plaintiff and upon  error bring by the plaintiff the judgement be hold to be erroneous and  resolved I a retraxit can be unless the plaintiff or defendant be in court in  proper person it be error to appear by attorney in those case where the  defendant or tenant can by the law appear by attorney but in those case where  the defendant or tenant may appear by attorney but upon some process by reason  of some default or contempt coke report b er p he ought to appear in person  appearance by attorney be not error in a retraxit by the plaintiff he ought to  be amerce in process or delay which be for the advantage at the party he shall  not assign it for error but the amercement be parcel of the judgement and the  judgement be not perfect without it and the omission of the amercement be  error in all action quare vietarmis if judgement be give against the defendant  he shall be fine and imprison in a writ of deceit upon a real action upon a  recovery by default if it be find on examination that the tenant be not lawful  summon the defendant shall be fine and imprison in a action on the case in the  nature of deceit the defendant shall be amerce if the defendant or tenant  plead a false deed make to he or deny his own deed and it be find against he c  he shall be fine if he deny his ancestor deed or plead a deed to his ancestor  and it be find against he he shall be amerce if he deny a recovery or other  record to which he be party he shall not be fine if the defendant in a  replevin claim property false and it be so find in quality to make good he  shall be fine and imprison in appeal of death robbery c if the plaintiff be  bar or nonsuit or if the writ abate by his default he shall be fine and  imprison so also in attaint so also if the attaint pass against the defendant  if he be party to the first record he shall be fine and imprison but if he be  not as tenant by receipt or other terretenant he shall not be fine where any  use the law for double vexation he shall be fine in a reception the plaintiff  shall recover damage and the defendant shall be fine and imprison for his  double vexation for all contempt do to any court of record against the king  command by his writ under the great seal the offender shall be fine and  imprison but when the demandant or plaintiff or the tenant or defendant see  retraxit or to go back in contempt Curi there be no contempt against the king  writ where a thing be forbid by any statute the offender shall be fine and  imprison a court which be not of record can impose a fine nor commit to prison  in all writ of prcipe quod To give back precipe quod to let pass et prcipe  quod to make on nonsuit bar or writ abate for want of matter or form the  demandant shall be amerce if there be two demandant and the writ abate for the  death of one the other shall not be amerce in all the say writ of prcipe if  judgement be give against the tenant he shall be amerce in all personal action  without force or deceit to the court and also in action which comprehend force  or deceit to a court of record if the plaintiff be bar nonsuit or the writ  abate because it be vicious in matter or form he shall be amerce only if the  writ abate by the death of one plaintiff or one plaintiff be nonsuit he who  survive or appear shall not be amerce if one demandant in a real action or one  plaintiff in a personal action where summons and severance lie be nonsuit and  the other proceed he who be nonsuit shall not be amerce in all judicial  process if the plaintiff be bar nonsuit or if the writ abate he shall not be  amerce in all action real or personal if part be find for the demandant or  plaintiff and part against he or all or part against one tenant or defendant  and nothing or but part against the other the demandant or plaintiff shall be  amerce unless no default be in the demandant or plaintiff in all action real  or personal where there be but one tenant or defendant he shall not be twice  amerce but where there be but one demandant or plaintiff and diverse defendant  the plaintiff may be diverse time amerce on discontinuance or when the court  be oust of jurisdiction there shall be no amercement in all action real or  personal if the tenant or defendant come the first day and render the thing in  demand c he shall not be amerce unless the action import force or fraud coke  report b er p the king and the queen on account of the dignity of their person  shall not be amerce infant on account of the imbecility of their age shall not  be amerce although the plaintiff in the principal case in proper person have  make a retraxit yet he may have a writ of error either in the judgement or in  the proceed the entry of the retraxit in the principal case be insufficient SC  cro James jenk cent salk skin Beecher bring debt on two bind one of the other  of by quo minus in the exchequer against sir Thomas Shirley knight who Trin  Elizabeth plead in bar payment accord to the condition of the bind c and the  party be at issue and find for the plaintiff but for default of a good visne  judgement be arrest and afterward sure hill Elizabeth the plaintiff per Johan  Osborne attornatum suum go for sale hic in Curid et to confess see in curian  hic beyond nolle attendance a from this entry it seem that the plaintiff enter  a nolle attendance rather than a retraxit former a nolle attendance seem to  have be consider as in the nature of a release or indeed as a actual retraxit  and therefore when enter as to one defendant operate as a discharge to all and  as a bar to any new action for the same cause but it be now hold that a nolle  attendance may be enter against one of several defendant before judgement  obtain against the other and that it be no bar to a fresh action for the same  cause except in those case where from the nature of the action judgement and  execution against one be a satisfaction of all the damage sustain by the  plaintiff Cooper v tiffin TR Noke v Ingham I will dale v byre will serjeant  William n salmon v smith sand a upon which judgement be give that the  defendant eat without die and no amercement upon the plaintiff upon which  judgement the plaintiff bring a writ of error in the exchequer Chamber and  upon sundry argument by the plaintiff and defendant counsel at several day it  be resolve by the court and the two chief justice that the judgement be  erroneous for diverse reason it be resolve that a a roll   light b a cro James  salk will a retraxit can be unless the plaintiff or defendant be in court in  proper person for the entry be in diverse manner as it appear after as quod to  express grief in not common with others mask svan go for sale et to say quod  ipse placitum suum predict beyond attendance non vult send from that source  entirely see retraxit c or be present in court and demand where the entry be b    light a postea a b a to cut svan predicta in contempt Curi see retraxit  etcetera or to confess see beyond nolle attendance etcetera and therewith  agree c Fitzherbert retraxit c h a e a and e a where the case be that three  coparceners be plaintiff in a writ of deceit and two of they do appear in  person and the three by attorney and say that they will not sue further and  can coke b not because one be by attorney wherefore they be nonsuit vide lib  intrat title attaint Bre and title appeal and title Tresp a and title  conspiracy b Edward b and a John Fremds case in a formedon the attorney of the  tenant can depart in despite of the court but a grand cape shall be award and  it be to be know that at the d f n b c   light a Inst   a b Cawly Inst d  commonlaw when any one be by the king writ command to appear it be always take  that he shall appear in person and can not appear by attorney but after he  have appear the court of chancery king bench and common plea and all other  judge who hold plea by writ may after appearance have admit he by attorney  otherwise when plea be hold without writ unless the king grant a writ de  attornato to make and that appear by Britton c f but vide the stat of  Westminster e W c Inst e c h and other statute which give remedy in many case  but the say case at bar be not remedy by any statute but it be object that it  be true that de stiffness law the plaintiff in the case at bar ought to have  coke report a er p appear in proper person but yet it be not error for if the  court admit the plaintiff or defendant by attorney where he ought to appear in  person it be not error as in h b if the court admit one upon a capias or  exigent by attorney where de stiffness law he ought to appear in person it be  not a Fitzherbert attorney Br attorney Br error a error b f n b c b f n b send  for to that it be answer and resolve that there be a difference between case  where the defendant or tenant can by the law appear by attorney and case where  the defendant or tenant may appear by attorney but upon some process by reason  of some default or contempt he ought to appear in person in the first case if  the court admit the defendant or tenant by attorney it be error but in the  other not c roll roll Rep Cr Elizabeth Cr James Poph sand side Mod Rep style  Bulstr Bridgm dyer pl   b Cr Elizabeth palm c as if a infant be admit to  appear by attorney it be error b by stat James it be enact that after verdict  for the plaintiff judgement shall not be stave or reverse by reason that the  plaintiff in ejectment or other personal action in suit be a infant under the  age of twentyone year do appear by attorney therein and by statute Ann c S  after judgement by confession nil to say non sum shape in any court of record  or after writ of inquiry execute but in all action real personal or mix if a  infant defendant appear by attorney it be still error roll ab attorney a error  I Bostwich v Bostwich Leon Orde v Mereton Bulst row v long cro James randal  case more Sedburrough v rant cro Elizabeth Odell v Moreton cro James bishop of  llandaff v Lewis W Jones cotton v Wescot cro James however if a infant  defendant appear by attorney the court will at the instance of the plaintiff  compel a amendment of the appearance by substitute a guardian Hiindmarsh v  chandler taunt sc  b more and if the attorney undertake to appear for the  defendant a infant the court will oblige he to do it in a proper manner and if  the appearance be enter to be by attorney the court will amend the record  Goodright v wright I strange Strattan v Burgiss ib vin ab attorney a pl but  the court will not amend the record if there be no undertake power v Jones I  strange a judgement against several defendant be entire shall be reverse for  the infancy of one if they appear by attorney for the judgement be entire roll  ab error e pl bird v Orms cro James king v Marlborough cro James Grell and  other v Richard lev oat v aylett alein but if a infant defendant appear by  attorney and obtain judgement the plaintiff can reverse the judgement by writ  of error bird v Pegg barn and Ald accord to Frescobaldi v kinaston strange  infant executor may sue but they can be sue by attorney but ever since the  statute the plaintiff infancy may be plead in abatement Foxwist v Tremaine  sand b c but when the defendant may make a attorney and the reason that compel  he to appear in person be the contempt to the court there the court may  dispense with the contempt in their discretion and admit he by attorney and  that be no prejudice to the plaintiff but in the case at bar the law require  he to appear in proper person to make the retraxit because it shall be a  perpetual d roll postea a or James march Br departure in despite c hob Parker  v Laurence e a d bar and in a manner as a e cro car march e release and the  admittance of the court can prejudice the plaintiff in so high a degree but in  dilatory matter the admission of the court may turn the plaintiff or demandant  to delay but shall never bar the plaintiff or demandant as if the court grant  process against the witness a h a Fitzherbert process a or grant view or aid b  e b b where coke report a er p it be not coke a grantable it be not c h b a c  error as it be hold in h b and h b and the reason be give there because the  demandant have not any prejudice of his right but only a delay but if the  court admit a d Br error d voucher where it ought not to be it be error as it  be hold h a the same law if a hob essoign be cast and allow where it be not  Allowable it be not error but to deny any of these   a dilatories where of  right the court ought to grant they be error as appear in the say book and e b  e c and a e roll e b   light a e retraxit be always on the plaintiff or  demandant part and a f f n b f   light a e Fitzherbert villeinage f departure  in despite of the court be always on the defendant or tenant part and the  entry there be quod to hold to go back in contempt Curi and in one case the  plaintiff or demandant be bar and in the other case the plaintiff or demandant  shall have judgement present g   light a g who semel act renunciavit greater  number repeterenon to be able vide for these matter e Excommengement e in  formedon e a in quare hinder e b and e r title Cause de remover plea h h h h h  Prisot h vide title departure en despite deal court brook it be resolve that  the plaintiff in this case ought to be h Cr James roll jenk cent h amerce for  it be a strong case than the case of a nonsuit which be but a default or  nonappearance but a retraxit be a voluntary acknowledgement that he have no  cause of action and therefore he will no far proceed c and therefore it be a  bar for ever and it be object that the plaintiff shall not assign that for  error because it be for his advantage that he be not amerce and a man shall  never assign that for error which be for his I f n b f   b   b palm sand roll  Fitzherbert error hob I advantage e b by Herle h b t h f n b as to say that he  be essoigned where he ought not to be essoigned or that he have a long day  than the common day or that aid be grant to he where it be not grantable to  which it be answer and resolve that it be true that in process or delay which  be for the advantage of the party he shall not assign it for error but in the  case at bar the judgement be not roll perfect for the amercement ought to be  parcel of the judgement and it be also for the king advantage and therefore  diverse judgement have be reverse in the king bench because the judgement be  therefore in roll pity where it shall be to take in hand and yet it be for the  king Cr Elizabeth cro James cro car sand roll jenk cent king party advantage  but because the judgement be erroneous and the error of the court in give it  for this cause it have be often adjudge that it be not amendable but the whole  judgement shall be reverse c Acc Bac ab error king in gamon v Jones TR buller  I say it be a invariable rule that if a judgement be more favourable for the  plaintiff than he be entitle to he can take advantage of it because he be not  injure by it but perhaps this be to be take with the limitation in the text  above Vid Dunn v crump Brod and bing SC b more c vide ass pl e dyer a dyer pl  a Elizabeth dyer b dyer pl roll more b vide now the doubt there well explain  and because it be so coke b material in all judgement to know when the  plaintiff or demandant and when the defendant or tenant shall be amerce or  fine inasmuch as the mistake coke report a er p thereof make the judgement  erroneous it be very necessary to understand the true sense of the law in  these case d by and car after verdict no judgement shall be reverse for want  of a pity or to take in hand or because one be enter instead of the other and  by stat W and m c no writ of capias shall issue for the fine but the plaintiff  shall pay S d and be allow it against the defendant among his cost Vid hark d    light a and by stat Ann c all the statute of Jeofails be extend to judgement  on confession nothing to say or non sum shape and Vid Davies v Hoyle strange  that where a nolle attendance be enter the plaintiff need not be amerce d and  this word c   light b c Finis have diverse signification in the law because  sometime signify price sometime pnam et sometime peace for the price or sum  which be the cause of obtain a benefit be call a fine as fine in the hamper  for the king writ fine for alienation fine for admission to a copyhold fine  for obtain lease and such like that which the offender give in satisfaction of  his offence be also call a fine and in that sense to say pna and the assurance  which make man enjoy their land and inheritance in peace be call Finis because  that which divides lawsuit to put down and all these be call fine because they  be the end or cause of the end of all the say business d   light b   a d  amercement be in Latin call pity and the cause thereof be because by the  commonlaw which be a law of mercy no man ought to be amerce so much as he  deserve but less vide f n b in all action quare vietarmis as rescous tresp way  et arms c if judgement be give against the defendant he shall be fine and  imprison for to every fine e   light b e imprisonment be incident and always  when the judgement be quod defendens to take in hand it be as much as to say  quod capiattur until what time that which divides to make videl b h ass pl and  if there be diverse defendant they shall be several fine so in a assize if the  seize be find with force the defendant shall be fine and imprison otherwise it  be if the seize be find without force for there he shall only be amerce for  the writ of assize do not mention vietarmis but in justeetsine judgment  disseizivit h a in a writ of deceit upon a real action upon a recovery by  default if it be find on examination that the tenant be not lawful summon the  judgement shall be et predict defend pro falsehood et deception predict to  take in hand and the writ of deceit be show be we ex part a quod b in curian  our men falsoetin deception Curi recuperavi seisinam c and that be the cause  scilicet the deceit to the court in obtain the say judgement that he shall be  fine and imprison but in a action personal the deceit between party and party  which be in the nature of a action upon the case there the defendant shall not  be fine and imprison but only amerce for there be no deceit do to the court  but to the party coke a if the defendant or tenant plead a false deed to he or  a roll h b Br amercem Br confession Br fine pur contempt Fitzherbert fine e a  b Fitzherbert fine die pl cro Elizabeth cro James KeIv a a deny his own deed  and it be find against he or if he b roll h b roll Rep Fitzherbert fine e a b  Fitzherbert fine die pl Noy cro James sand raym Mod b relict verificatione  cognoscenti act he shall be fine for his falsity because fixed to withhold be  de to appropriate facto and if he deny his c Br amercement Cr James sand c  ancestor deed or plan a deed to his ancestor and it be find against he yet he  shall not be fine but amerce only because de another facto and so you will  better understand your book in e die ass p h b h a b but if he deny a recovery  or other record to which he be party he shall not be fine ass p ass p for it  be not his act but the act coke report b er p of the court and he do not deny  the record absolute but non to have tale recordan if the defendant in a  replevin claim property false and it be so find in d h b a   light b Br fine  pur contempt Br return de brief Fitzherbert quality to make good Br propr Prob  d quality to make good he shall be fine and imprison h in e Fitzherbert  coroner Br appeal Br fine pur contempt Br impris e appeal e appeal of murder  treason felony or other offence abolish by stat Geo c e of death robbery or  any other appeal of felony or maihem if the plaintiff be bar or if he be    light a nonsuit or if the writ abate by his own default he shall be fine and  imprison h a for the malice be the high which concern life or member so in  attaint f writ of attaint be abolish by stat Geo c f ass p e b if the  plaintiff be nonsuit or bar he shall be fine and imprison so if the attaint  pass against the defendant if he be party to the first record he shall be fine  and imprison but if he be not party to the first record as tenant by receipt  or other terretenant he shall not be fine ass p e b e where any use the  countenance of the law which be institute to make a end of controversy and  vexation for double vexation he shall be fine as if a man f Br fine pur  contempt h b f sue in the common plea and afterward for the same cause sue he  in London or any such court the plaintiff shall be fine for this unjust  vexation h h a and in g   b before a f n b d g reception the plaintiff shall  recover damage and the defendant shall be fine and imprison for his double  vexation for all contempt do to any court of record against the king command  by his writ under the great seal the offender shall be fine and imprison as in  quare non to send to quare incumbravit attachment upon prohibition c vide e  quare non to send to e e e Coron Stanf the stat of e c c but when the  demandant or plaintiff or the tenant or defendant see retraxit or to go back  in contempt Curi yet there be no contempt coke b against the king command by  his writ and by these difference you will better understand your book in case  of fine and imprisonment and learn the true reason and sense of the law in all  case where a thing be forbid by any a Inst cro James cro car Bulst side   roll  a statute the offender shall be fine and imprison h b h in maintenance vide e  and that be the reason that where the statute of marlebridge c forbid quod no  one de ctero liceat ex wherever causan district to make extra fee narrow  passage nec in regius way well common stratum that the party who be distrain  in the highway can plead it in bar of the b Inst b avowry for the king shall  lose his fine but shall be drive to a action on the statute in which the king  shall have his fine and therewith agree r avowry vide e brief e e e f n b  register in some action the defendant shall be fine in one court and but  amerce in another court and yet the offence shall be all one as in a writ of c    b postea a f n b d before a c reception if it be bring in the common plea  and judgement be there give the defendant shall be fine and imprison as have  be say but if the writ be bring in the county court and the defendant be  convict before the sheriff in the county the judgement shall not be quod to  take in hand because no one curian queen d   a postea a before a salk salk  ante b   d record non to have to be able to place upon coke report a er p that  which divides nor once mandure prison because this speclant only ad a court de  recordo and therefore in such case he shall be only amerce and although the  writ sure the reception be of record yet forasmuch as the judge in the court  sure the suitor be not judge of record nor the court be of e   b   light a  godb roll   b Cr Elizabeth Cr James Inst e b   b a Mod Rep h e a e record they  can impose a fine or commit any to prison and so in all the like case vide f n  b d e h and now concern amercement in all writ of prcipe quod To give back as  writ of right formedon or writ of aiel c writ of entry c S de quod to let pass  as to have estovers common c or S quod to make as writ of custom and service c  if the demandant be bar or if he be nonsuit or if his writ abate because it be  in matter or form the demandant shall be amerce but if there be two demandant  and the writ abate for the death of one of they the other shall not be amerce  e a e title account e h e h ass so in all the say writ of prcipe if judgement  be give against the tenant he shall be amerce coke a in all personal action as  debt detinue and the like action without force or deceit to the court and also  in action which comprehend force or deceit to a court of record if the  plaintiff be bar nonsuit or the writ abate because it be vicious in matter or  form he shall be amerce only and not fine but if the writ abate by the death  of one plaintiff or if one plaintiff appear and the other be a   light a Br  amercement Fitzherbert amerc a nonsuit which in law in personal action be a  nonsuit of both he who survive or appear shall not be amerce for no default be  in he but he only who appear not e b ass pl h e ass and in the same action  which be without force or fraud to the court the defendant shall be amerce if  one demandant in a b Br Amer b real action or one plaintiff in a personal  action where c Br Amer c summons and severance lie as in debt by executor if  one demandant or plaintiff be nonsuit and the other sue forward he who be  nonsuit shall not be amerce h b e b in all judicial process if the plaintiff  be bar nonsuit or if the writ abate the plaintiff shall not be amerce because  the process be find upon a judgement and record h b in d h a Br amercement d  quid law proclaim to know facias c e e in per who servicia Henry title pledge  and in these action the plaintiff shall not find e f n b f cro James e surety  because he shall not be amerce in all action real and personal if part be find  for the demandant or plaintiff and part against he or all or part against one  tenant or defendant and nothing or but part against the other the demandant or  plaintiff shall be f Cr James roll cro car cro Elizabeth side Br amercement Br  executor hob f amerce unless no default be in the demandant or plaintiff and  therefore in trespass of battery against husband and wife suppose the battery  to be do by they both and the wife be only find guilty c and the husband  acquit yet the plaintiff shall not be amerce for the plaintiff can not have  another writ in such case and therefore no default in he vide ass ass pl ass  pl Br amercement e a h a in all action real or personal where there be but one  tenant or defendant he shall not be twice amerce but there where there be but  one demandant or plaintiff and diverse defendant the plaintiff may be diverse  time   b cro car amerce e ass pl h a e a coke report b er p upon  discontinuance in a real or personal action the demandant or plaintiff shall  not be amerce for that be the Act of the court coke b e a the same law and for  the same cause when the court be oust of jurisdiction e in all action real or  personal in which there be not contain any certain force or deceit to the  court if the tenant or defendant come the first h Cr car   light b roll r  amercement Cr Elizabeth e amercement h day and render the thing in demand to  the demandant or plaintiff he shall not be amerce for be do what the king  command by his writ for where the writ be prcipe quod To give back c that in  judgement of law be that be render it at the return of the writ in court and  not in the country as it be resolve in a jenk cent more a Vaughan case in the  five part of my report fol and there the cause of the amercement of the tenant  or defendant be well explain but in action in which the offence be suppose  with force or in deceit of the court if the defendant at the first day confess  the action yet he shall be fine and imprison for his appearance and confession  be a manifestation of and no satisfaction for his offence in all case when a  real or personal writ do abate for want of form or matter or the demandant or  plaintiff be bar the judgement be Quodpetens site to express grief nothing cap  per breve suum prd send sit in misericord pro falsely warcry his ind et prod  ten seu defeat ind without die and in all such case the estreat out of the  common plea into the exchequer which the clerk of the warrant make in such  case be de a pro falsely warcry his versus S in plea c vide f n b a but if the  demandant or plaintiff be nonsuit in any action certain special case except  the judgement be therefore considerate be quod prd b Cr James b to express  grief et pledge Himself de to follow to be ind in pity c etprd defeat ind  without die and there the estreat be de John n pro see et pleg nest because  non prosequutus breve smum versus b in plea c vide c f n b a the judgement in  a retraxit c f n b but in case of retraxit the judgement be quod nothing cap  per breve suum prd send sit in misericor pro fall clam c there be some person  who shall not be amerce and therefore they shall not find d   light a a Cr car  Cr James Bulst roll palm d surety some for the dignity of their person as the  king e   light a Bulst roll e and so the queen for as to that she partake of  the king prerogative vide f n b f c a e Br title amercement some for  imbecility of age as f   light a Cr car Bulst h Reg Orig a roll palm more Mod  Rep dyer pl keb Bulstr   a f infant and therefore they shall not find surety  but the entry be ldeo in misericord send pardovatur because infant vide ass e  title amercement e infant ass pl ass p e bract folio f n b h true it be if the  tenant g Fr James roll Rep Fitzherbert er postea a jenk cent f n b c g  disclaim he shall not have a writ of error against his own disclaimer because  by his disclaimer he have bar coke a himself of the right of the land for the  word of disclaimer of the tenant be nothing to have nec to have proclaim in  land that nec die impetrationis short catalog primitive prd c to have sive  proclaim send to some degree in land that to have deadvocat et disclamat and  against that he can have a writ of h Cr James roll Rep Fitzherbert error  before b jenk cent h error to have restitution of the land against this  disclaimer fide Edward f n b c and if the retraxit in the case at bar have be  duly make it be object that against it no writ of error lie but here the  retraxit itself be erroneous because the attorney do it where it ought to be  do in a before a roll   light b a cro James jenk cent a proper coke report b  er p person also the plea be discontinue as appear by the record and forasmuch  as the tenant or defendant after departure in despite of the court may have a  writ or error or if he have a estate for life or in tail quod ei deforceat f n  b and the defendant or tenant against his own b f n b king b confession may  have a writ of error it be resolve that although the plaintiff in proper  person have make a retraxit yet he may have a writ of c before a c error  either in the judgement or in the proceed for no imperfection be save in such  case by any statute when judgement be give upon retraxit and it be no more  than confession on the part of the defendant for the effect of the entry of a  retraxit be quod idem d   light d to express grief to confess seu cognovit see  beyond nolle attendance versus def de plea prd which confession be e before b  roll   light a cro James march Br departure in despite c e a e a bar in all  action although the word be de plea his predicto and therefore it be not like  a disclaimer by which the tenant disclaim and bar himself absolute of all his  right in the land it be resolve that the entry of the say retraxit be  insufficient for it appear by the precedent that there be sundry manner of  entry of a retraxit after both party have appear in court the entry is et f    light a f postea eoden die come back hic ad barram prd to hold per attorn suum  prdetprd to strive for tunc solemnly drive out non go for sale send a to cut  svan prd in contempt cur see retraxit therefore to look at closely be quod to  strive for nothing to take in hand per breve suum prd send sit in pity pro  falsely warcry his ind et quod preceding to hold eat ind without die and that  appear Trin h rot in Com banc another form of a retraxit is etsuper hoc idem  quer to say quod g before a   light a g ipse non vult beyond placitum suum prd  attendance send from that source entirely see retraxit c therefore c another  form be quod idem h   light a h to express grief to confess see seu cognovit  see beyond nolle attendance versus prd dependent c de plea prd and the entry  of departure in despite of the court on the part of the tenant be I   light a  e b I et preceding a although solemnly drive out non come back send in  contempt cur recessitetdefalt fecit and that be when in judgement of law he be  present in court and be demand coke b depart in despite of the court that  amount to a bar in respect of the despite and contempt of the court and yet  the judgement be there give upon his default as appear before otherwise where  he imparles to a certain day for there he be not in judgement of law present  in court and so the difference vide Edward excom and all the book aforesaid  and if the writ abate for false Latin or other matter of form upon plea to the  writ the judgement be quod prd to hold or defendens eat ind without die and  also if the demandant or plaintiff be upon a bar plead c by judgement to be  bar the word of the judgement be all one scilicet quod prd to hold or  defendens eat ind without die and always the judgement shall have relation to  the plea sure if upon a plea in bar then the judgement shall be apply to it if  to the writ then the judgement shall be apply to the writ only and not in bar  and therewith agree the book in h and h vide upon plea of excommunication  which do not a postea a light sect   light b a abate the writ r excom the  entry be to stay behind speech without die until what time c