case BOWTON against Nicholls the defendant shall not have cost on a writ of  error bring by the plaintiff in the original action for no execution be  thereby delay ante cro Elizabeth cro James andr Bac ab Mod Com dig dougl in  notorious facts error of a judgement give in the common plea where judgement  be give for the defendant and that judgement here affirm and ten pound cost  give here to the defendant upon the statute of Henry c a Grimston now move  that cost be not grantable for the statute be where judgement be give against  the defendant or tenant and be to delay the execution bring a writ of error  and the judgement be affirm that be shall have cost for delay his execution  but here the judgement be give for the defendant in the common plea so no  execution be to be award there against he but the plaintiff be bar and  although the plaintiff bring the writ of error and the judgement be here  affirm yet it be out of the statute all the court be of this opinion upon  consideration of the statute wherefore a supersedeas be award to stay  execution for the cost croak car easter term car in the king bench sir John  Brampston Knt chief justice sir William Jones Knt sir George croak Knt sir  Robert Berkley Knt justice sir John bank Knt attorney general sir Edward  Littleton Knt solicitor general case memorandum the first Saturday of this  term be that April sir John Brampston knight of the middletemple one of the  king sergeant be make chief justice of a but now by car saint c if error be  bring of a judgement after verdict and the judgement be affirm the defendant  in error shall have double cost and by will c if the plaintiff after any  judgement for the defendant sue error and afterward discontinue or be nonsuit  or have judgement against he the defendant shall have cost croak car er p the  king bench and first the Lord keeper make a grave and long speech signify the  king pleasure for his choice and the duty of his place to which after he have  answer at the bar return his thank to the king and promise his endeavour of  due performance of his duty in his place he come from the bar into court and  there kneel take the oath of supremacy and allegiance accord to the statute  James c then stand he take the oath of judge which be the same oath that all  other judge take then he be appoint to come up to the bench and then his  patent which be only a writ to attend the office be read by broom secondary  the Lord keeper deliver it to he but Jones say that the patent ought to have  be read before be come up to the bench