Bulstrode stone plaintiff against march defendant in a writ of error for to  reverse a judgement in the c b in a writ of right error because at full age he  prosecute by his prochein any and not by his attorney what to be assign for  error and what not Cr in a writ of error to reverse a judgement give in the c  b in a writ of right and assign for error that the plaintiff in the writ of  right do appear by his prochein arny and that afterward he come to his full  age and do prosecute his suit and recover per prochein any be of full age  whereas he ought to have appear in proper person by baily or by attorney it be  urge by the counsel at the bar that this ought not to be assign for error  after judgement give in the book of assize plan it appear what may be assign  for error after judgement and what not if it be not such a matter as be plead  will have abate the action in facto this be not to be assign for error after  judgement in h foe in a action of trespass error be assign to reverse the  judgement because that after issue join and before verdict the attorney of the  defendant die at such a place by the opinion of the court this be hold to be  no error for that the writ do not abate by the death of the attorney of the  defendant neither by this be the issue waive or discontinue for that be may  appear by another attorney or in his proper person and the continuance be not  between the attorney but between the party and so the continuance be not take  by the attorney but by the party also a man shall not plead a collateral error  to reverse a judgement unless that such a matter if plead before will have  abate the action in facto also a man shall not assign for error any thing  which be contrary to the record as a entry hang the suit nor yet any thing  which be contrary to the duty of a judge as that he give judgement for the  plaintiff whereas he ought to have give judgement for the defendant William  justice as to the error assign in this case the demandant have the best and  more certain knowledge of his own age than any other and when be come unto his  full age then at his peril he ought to inform the court of his be of full age  and so to have have a attorney in the place of his prochein any to prosecute  the suit for he and this omission here make the proceed to be erroneous and  this may very well be assign for error after judgement notwithstanding it do  not go or ol erate in abatement of the writ in facto and death may be at any  time allege for error and the court here can have any certain knowledge of his  age without information to they give of the same Fenner croak justice and  Fleming chief justice without some information give to the court of his age  the proceed in court be legal and not erroneous and if in such a case the  judgement have be give against he who in such a manner have make his  appearance and afterward he will plead this for error to reverse the judgement  he can by this way avoid the judgement as erroneous old woman if it be so in  such a case by the same reason it shall be so where the judgement be give for  he which appear and prosecute in such a mariner as before and so this  judgement not reversible without great advice this be in a writ of right  Yelverton justice the party himself ought to have give notice unto the court  of his come to his full age for as well as he may have knowledge of his nonage  he may as well have knowledge of the time of his full age but whether this  omission in not make of his full age know to the court shall make the  judgement to be erroneous of this he will be better advice Fleming chief  justice if a feme sole be demandant in a writ of right and during the trial  and before judgement she take a husband and afterward judgement be give for  her as for a feme sole without say any thing of her husband the judgement thus  give be not erroneous Yelverton justice if in the principal case this error  assign shall make the judgement erroneous this may be now well assign for  error notwithstanding it will not have abate the writ in facto Fenner justice  if one appear per prochein arny be within age and afterward after verdict and  before judgement be come to his full age and then judgement be give Bulstrode  this shall have relation to the time of the verdict give and so the same  judgement not erroneous afterward Termin mich James b r this case be debate  again and argue by Harris sir that the judgement give be not erroneous  Bulstrode er p neither be this matter assignable for error after judgement  give forasmuch as it be but matter of grace and favour but not of right the  admittance of the plaintiff be within a e per prochein any per son guardian  and the matter of prochein any be not issuable and it rest in the power of the  court to have a care for the benefit of the issue within age this be not  assignable for error the rule of the law be that a man shall never assign that  for error of the which he can not have advantage by way of plea neither shall  a man have any advantage by way of error for a error en fait where before be  may have have benefit of it by way of answer as appear by the case of mich e  Fitzherbert title error plan where the case be this en debt where a exigent be  award where no capias pluries issue the defendant Cain rei upon the exigent  and plead and upon his plea be condemned he shall have no advantage of this by  way of error because he have admit the wooer good by his plead to it otherwise  it be if the original have be have for that this can be amend and therefore in  such a case after plead be may have advantage by way of error or by his allege  of this matter before judgement a infant can make a attorney and therefore he  can appear by attorney and this may at all time after be assiuned for error  again this be not assignable for error for that here be a verdict give and  pass and the matter now assign for error be no more but that the plea be  discontinue and the verdict aid all this and that by the stat h cap of  Jeofails and therefore the judgement not erroneous and pray affirmance of the  same first because this be not assignable for error for that be may have have  his plea unto it and the same be not such a matter in fact as will have abate  the proceed in facto second this be not assignable for error be a thing do  against the office of a judge as a judge Thir yly if error and assignable yet  the same be but in the nature of a discontinuance and so will not hurt after a  verdict the same be aid by the stat of h cap of Jeofayls and so in the give of  this judgement the court do not err and the same therefore ought to be affirm  Fleming chief justice and William justice this be not assignable for error for  that the court be not to determine or to take notice when the plaintiff there  come to his full age but this ought to have be plead and if not plead then  there be now no time to plead it and by this laches the benefit of this be now  lose for ever also this writ of right be a speedy writ and so ought to have a  speedy end afterward Trin term James b r William justice it have be the  opinion of the whole court before that the court ought not to take notice when  the plaintiff chme to his full age and the defendant there have not surcease  his time this may have be plead before judgement but not now assignable for  error and therefore by the rule of the court nullo to speak against the  judgement be affirm quod notam