case rue against long Michaelmas term Elizabeth roll in the exchequer Chamber  in ejectment a infant must sue by guardian and not by attorney and this  although a error in fait be triable in the exchequer Chamber post cro car hob  cro Elizabeth sand vent Cowp error in fact be not the error of the judge and  therefore they may try it on their own judgement salk stram it be not  examinable under what seal a writ of nisi prius issue the Elizabeth c do not  extend to error in fait vent error in the exchequerchamber of a judgement in a  ejectment the error assign that the plaintiff be a infant at the time of the  bill purchase and sue by attorney where he can not make a attorney but ought  to have sue by guardian a and all the justice and baron hold it to be  erroneous for this cause and to be a error in fait and may be well assign for  error in this court although it be allege that the authority give they by the  statute Elizabeth c be not to examine matter in fait but only error in law  which appear of record and to affirm or reverse the judgement but  notwithstanding they all except Anderson hold that it may be assign croak  throw the defendant in the writ of error then say that he be of full age at  the time of the bill bring and thereupon they be at issue and a writ of nisi  prius award for the trial thereof before periam chief baron and Fenner one of  the justice of the king bench and it be move to be ill for this cause but they  hold it to be well enough and that he may be justice of nisi prius to try the  error in fait of his own judgement it be also move that this trial be ill  because this writ of nisi prius issue under the exchequer seal in regard that  Anderson chief justice of the common plea who because a capias can issue upon  a recognizance but Fenner because although the process be erroneous it be not  void and see Leon Leon Mod strange ld raym a see James c which aid a suit by a  infant by attorney after verdict and by Ann c after judgement by confession  nothing to say non sum shape or writ of enquiry execute croak James er p have  the seal of that court refuse to seal it But they hold it to be good enough  for that it be not examinable under what seal this writ issue wherefore the  issue be find for the plaintiff in the writ of error that the plaintiff in the  first action be within age at the time of the bill exhibit they reverse the  judgement and remand the record it be afterward move in the king bench that  they have proceed in the exchequerchamber without warrant of the statute to  try error in fait for the statute do empower they only to examine error in the  record and of that opinion be all the justice wherefore for this cause they  will not regrant restitution upon this judgement to the defendant who be put  out by the first judgement