case read against potter c Trinity term James roll if a statute as to its  commencement be misrecited in the declaration but admit by the plea the  defendant can afterward assign the misrecital for error ante post cro car lev  keb keb cro Elizabeth hob ld raym dougl hawk p c a party need not recite more  of a statute than be necessary to support his own case in debt against a  administrator general if the defendant plead no asset by sale of land a  replication that he have asset be no departure if the plaintiff by his  replication plead asset in a certain manner and the verdict find asset general  it will be good a counter bind give to save harmless from another bind create  a debt diminution can be allege in a writ of error after in nullo be erratum  plead but the court may award a certiorari error of a judgement in the common  plea by sir William read against Thomas potter and his wife executrix of sir  John river for that they bring debt upon a obligation of five croak throw  hundred pound against the defendant as administrator of dame Gresham executrix  of sir Thomas Gresham and declare upon a obligation make by sir Thomas Gresham  to the say sir John river the saint of February Elizabeth and that sir Thomas  Gresham die Elizabeth and show that by a Act of parliament the that of January  Elizabeth it be enact inter alian for the payment of his debt that dame  Gresham shall have all his land except certain land in the county of Sussex  which shall be to sir Henry Nevil his heir and that sir Henry Nevil shall be  discharge of all his debt and that the say whether Gresham to load cum toto  ponder et load loosing debtor speech thomam prout per sharply prediction  abundantly that this only is apparent unde action c the defendant plead that  in the say statute it be provide if she do not pay the debt of sir Thomas  Gresham before easter that such commissioner name in the statute may sell the  land of sir Thomas Gresham and pay his debt and that all sum of money which  shall be raise by the sale of his land and wood and all the good and chattel  of the say sir Thomas Gresham and all his debt which shall be receive or may  be receive shall be asset in their hand c and plead that he have not any thing  in his hand of any sum levy of the land c to satisfy that debt the plaintiff  reply that the defendant the day of the writ have in his hand diverse sum of  money come of the sale of his land and wood and diverse good croak James er p  and chattel and debt quorum aliquan to be prediction Thom Gresham at the time  of his death et alian who to be receptan well keep back to be able by the say  whether sufficient to satisfy that five hundred pound and thereupon they be at  issue and the verdict find for the plaintiff that the defendant have at the  day of the writ purchase to visit good et catalla et debt is owed quorum  aliquan to be prediction Thom Gresham tempore death of oneself et alian who  tempore right of way for cattle prediction fuer receptan or keep back to be  able sufficient to satisfy that debt and it be thereupon adjudge for the  plaintiff the first error assign be for that this action be bring and ground  upon a statute make at the parliament Elizabeth and there be not any such  parliament but a session of parliament begin Elizabeth and the defendant in  the writ of error thereto plead that the plaintiff ought not to be receive to  assign it for error because he himself in his bar say that by the same Act it  be further provide c so by this plea he have confess that there be such a Act  and it be thereupon demurrer and all the court hold that it be admit by the  plea and therefore shall not be assign for error otherwise it have be a plain  mispleading of the Act a second error assign be because the plaintiff find his  action upon the statute and recite only such part thereof croak throw whereby  he will charge the defendant general whether he have asset or not and it  appear by the other part of the Act plead by the defendant that he be not  Chargeable unless he have asset of the money receive upon the sale of the land  or wood or debt of sir Thomas Gresham so the statute be not full recite by the  plaintiff Sed non allocatur for the plaintiff recite what make for his  advantage the defendant may plead the residue if he will three for that the  plaintiff by his declaration and recital of the statute charge the defendant  as administrator of sir Thomas Gresham general whether he have asset or not  and by his replication charge the defendant for that he have asset of the good  and debt leave to dame Gresham so he charge in special manner which be a  departure from the declaration say non allocatur because he be charge as  administrator in the to hold off in the declaration and that part of the  statute which be recite in the declaration and that part which be recite in  the bar be to charge he only as administrator so it be all one in substance  wherefore it be well enough pursuant fourthly that the replication do not  charge he accord to the statute for the statute be quod good et catalla well  debt is owed who fuer Thom Gresham tempore death of oneself or Himself to  loosen et who receptan to be or keep back to be able to count over pro asset  in shades of dead annae Gresham et executor well director of oneself and the  replication be that the defendant to have die short catalog c to visit good et  catalla et debt is owed not name what quorum aliquan fuer predict Thom Gresham  tempore death of oneself so show but some of they to be sir Thomas Gresham et  alian who tempore right of way for cattle to be eid thomam solvend et alian  who tempore right of way for cattle predict fuer receptan or keep back to be  able whereby the debt which be solvend only without allege that they be  receive or can be receive for that come in another distinct clause afterward  shall be asset which be against the letter of the statute which be that debt  which be eid thomam solvend et who recept fuer or keep back to be able shall  be asset and accord to this replication be the verdict so none of they be  pursuant to the statute and then this verdict be ill for part of the asset  find be void for all for it do not appear what they find to be asset in  certain so the judgement thereupon erroneous but this exception be not well  approve by the court but upon the first motion and read of the record overrule  for the verdict find that he have asset that suffice whatsoever way he have  they and it shall be intend they find asset general which be asset accord to  law five it be move that this obligation be only a counterbond to save  harmless from another bind as appear by the condition which be enter and not  for a mere debt be not such a bind as be within the intent of the statute send  non allocatur for the statute extend to all debt although it be not a bind  with a condition certain for the payment croak throw of money but be so in a  certain way for it be to save harmless from a bind for the payment of money  wherefore rule be give that judgement shall be affirm it be afterward move to  the court that the venire facias be return in croak James er p the time of  queen Elizabeth and the habeas corpora a swearer be summon in curian our men  whereas it ought to have be in curian recently queen for there be not any  summons in the king court which be a manifest error as it be resolve in a case  in this court betwixt sir Francis knowls and Beckingshaw be a case in the  exchequerchamber concern the school of berry wherefore it be pray here that a  certiorari may be award to certify it which be grant Popham absent but  afterward be move for stay thereof Popham be in court because it be in the  discretion of the court to award it or not it be after a nullo be erratum  plead and in disaffirmance of a judgement therefore they all agree that no  certiorari shall be award but that a supersedeas shall be make for the stay of  that which issue before whereupon the judgement be affirm