BLINKINSOP and eyles what shall be a good judgement give on a plaint in a  inferior court this be a writ of error upon a judgement give in the court of n  in the county of York the record set forth that a plaint be levy in a plea of  trespass whereon process be pray and the defendant bring into custody on which  the plaintiff declare against they for take a grate and break his shop upon  this there be a imparlance the defendant plead not guilty and judgement be  give against he Mr Filmer take several exception to the judgement first he say  Lord Burlington be steward of this court and it be say to be hold before Thoma  Fletcher subseneschallo what curiae secundum experience but it do not appear  that he be ever appoint by deed then he say the plaint be too general for it  be only de plea transgression without say what sort of trespass and a case to  this purpose be in style hale and more where de plea debt is owed be hold ill  because it be not lie in what sum the action be another exception he take to  the process for the defendant be take up by a capias whereas a attachment  ought first of all to have issue as it be in trespass and a summons if it have  be in debt a four be to the venire that the precept be direct to a bailiff to  order he to impanel a jury of twelve man per quos veritas melius to know  Barnardiston king b to be able whereas it ought to have be to know to this be  cite the case of roll Abr Lutwyche Skinner and Newton Trin Ann a five be that  it be say of the jury who ad reality to say per the same curian dainties  triati being under oath whereas they ought to have be try by person appoint by  the court and not by the court itself to this purpose the same case in  Lutwyche be apply the last be to the conclusion of the judgement for its be  say that so much be give he for cost and damage but not daughter of the Sun  sectan svan in here part place near to this be cite the case in style and that  be upon a exception after a verdict but the court be of opinion that none of  these exception be fatal for to the first they say this be only in the style  of the court and as it be say to be secundum experience it be therefore good  enough to the second they do not think the case in style to be law and it be  only a opinion of one judge and therefore it do not warrant the exception they  think indeed that the next have more weight in it and there be opinion in the  old book to warrant it but it appear by the record that be appear and plead  over without take advantage of the illegality of the process and the law be  now settle upon that distinction that he may take advantage of it before he  plead any other matter but not afterward to the four they say that they be of  opinion it will have be ill if the record it self have be as it be state by  the counsel but it appear by the roll to be right they think the five may be  get over reddendo one one and to the last judge Reynolds observe that the jury  give the damage right for they have give they daughter of the Sun sectan in  here part place near and the judgement be for so much by way of growth pro  misis custagiis prediction which refer it very well to Barnardiston king b er  p the suit aforesaid accord the court affirm the judgement they say too that  the statute of Jeofails extend to these inferior jurisdiction Levi I Ven