case HOLROI against EBIZSON if on a writ of error on a judgement from the  common plea the plaintiff in error be nonprossed yet no interest shall be  allow on the damage a action be bring in the court of common plea upon several  promise and judgement be by default a writ of inquiry be execute and four  hundred and twentyfour pound damage give error be bring into the court of king  bench and the plaintiff in error non prossed the court be move upon the  statute Henry c that the defendant in error shall beside his cost have  interest allow he for the sum adjudge due to he pen the time of the writ of  error from the judgement on the statute whether c late make concern promissory  note the word damage have be extend to interest on a action of debt if  judgement go by default interest be allow by way of damage occasion detention  debt is owed a Holdip ex of dowse v Otway sand a where judgement go by default  the court give the damage without put the party to the trouble of a writ of  enquiry b h Bl Rep term Rep term Rep Tidds practice b the entry of cost and  damage in writ of error seem to favour this construction in   entry c   Ent b  c the entry be pro misis custagiis et financial loss which he have by reason  of the delay on a quare hinder where a writ of error be pen a year the value  of the live for a year be give in damage by reason of this very statute d  Anonymous cro car d modern report it be true that in writ of error into the  exchequerchamber interest be not allow but this writ of error be give by  Elizabeth c and therefore not affect by stat of Henry c it be say on the other  side that this be a matter of importance for the argument if good hold equal  in all action as well as in this the preamble take notice of writ of error be  frequent use only for delay and the body of the Act give the party cost and  damage only for this wrongful delay and vexation a writ of error be a writ of  right it be find upon the fallibility of mankind and a just policy that a man  have better be a little long keep out of his money than a wrong sentence give  this Act and all other that lie restraint upon writ of error have receive a  strict interpretation because restrictive of the commonlaw for which the  counsel refer himself to case quote in the case of Hamond v web e post e it  appear from the purview that the design of the Act be only to restrain the  abuse of writ of error and ought to be extend only to those that be bring for  delay modern report er p the word in the Act at the discretion of the justice  c show plain that the damage intend by the Act must be such damage as be  uncertain in their nature but legal interest be a certainty cost and damage be  in law synonymous term damage do prima fancy signify cost though sometime ex  necessitate rei it be extend to signify that damage which be the cause of  action a Pelfords case   a in a action of debt bring against a executor the  word financial loss in the judgement signify the cost b salk b as to the case  of Holdip v Otway c sand c the reason give there will not extend to this case  and prove no more than that the court may do it not that they will or must  modern report as to the form of the entry pro financial loss et custagiis they  follow the word of the Act but do not prove what the import of the word  financial loss be whether it be or it be not synonymous with the word cost to  the case in cro car d Anonymous cro car d and Hensloe v bishop of Sarum e dyer  e it be answer that it do not come up to the reason of this case because the  value be there in its own nature certain and so much make of it by the other  side but here it be by no mean certain what interest will have be make of the  money and to have make that case come up to this not only the value but the  interest of that value shall have be allow it be admit that the practice of  the court of exchequer upon writ of error be otherwise and a poor reason offer  to account for that difference for the statute of Henry say all writ of error  and will therefore comprehend all subsequent statute relate to writ of error  the three precedent of the entry of the judgement cite be of judgement in the  exchequer now if that court think themselves oblige to follow in their entry  the word of this Act then sure they think the Act extend to they as to  inconvenience the question be not about they but what the law be if on writ of  error the judgement be reverse and restitution award it be very reasonable  that there shall be a recompense but there be not it be true indeed that in  debt a jury will be direct to give the interest in damage but though this be  do in debt it be never do in other action the cost be ascertain by the  judgement as well as the damage and therefore interest by parity of reason  ought to be allow for those but this be not pretend to the word of the statute  be general any writ of error yet some case be resolve out of it for example a  executor or administrator shall pay no cost at all in modern report writ of  error though the judgement be de good not common with others f mich term will  mary gale v till lev f it may be a question whether it can be judicial take  notice of that any interest be lawful a action of debt will not lie for money  and interest g seaman v do you vent but see the case of herries v Jameson g  from whence it shall seem that original and judicial interest be not to be  take notice of the counsel for the plaintiff reply that the quantum of the  interest to be allow be in the breast of the court that the Act be a remedial  law and therefore ought to have a liberal construction that though financial  loss sometime signify cost yet when join with custagia it must have a  different signification and they be distinguish in every postea damage so much  cost so much Parker chief justice No man be sure of make interest of his money  a man can always place his money out to his mind he may lose the principal and  wherever interest be make a hazard be run but here be no hazard at all the  rate of interest be very low when this Act be make however if this be a new  case I shall think it high reasonable that damage shall be give for the delay  the word cost in the Act seem to I to relate to vexation and damage to delay  by the commonlaw in every action of debt damage be give occasion detention  debt is owed either by writ of enquiry or by the court where a penal sum be  recover damage be never give but upon a single bill even by the commonlaw  damage be give for the delay this be a key to the statute whenever a man be  keep out of his just debt the law imply and suppose a damage I doubt only by  reason of the different practice in the exchequer modern report er p modern  report afterward in Trinity term it be resolve by the whole court that the  defendant upon a writ of error bring into the king bench shall not have  interest allow he by way of damage for the sum adjudge due to he from the time  of the first judgement pen the writ of error for at the time of make the  statute Henry c which give the damage upon writ of error all interest be  repute unlawful and therefore that statute can not give it in fact when  interest run high as at ten per cent interest have not be allow in writ of  error bring into the exchequerchamber interest be never allow and a uniformity  in practice be to be wish and endeavour a in debt upon recognizance bail in  error in the exchequerchamber be not liable to pay interest on the judgement  between the sign of the judgement in the king bench and the affirmance of it  in the exchequerchamber but they be liable to interest due subsequent to the  affirmance Frith v Leroux term Rep nor will the court direct the master to  include interest in the cost to be tax on nonprossing a writ of error  returnable in parliament for want of transcribe come v Hansforth term Rep but  in debt on a judgement affirm in error the jury by way of damage may give  interest upon the sum recover by the judgement from the time of sign it where  by the practice of the court in which error be bring such interest be not  allow in cost upon the affirmance Entwistle v shepherd term Rep see also  bodily v Bellamy burr Welford v Davison burr Zench v Langton dougl notorious  facts a