BROOKERS case the question be whether the feoff of the land may maintain a  writ of error to reverse a attainder by utglari and the case be this William  Isley seize in fee of the manor of Sundridge in ken have issue Henry Isley who  be indict of felony Elizabeth and Elizabeth the record of the indictment be  bring into this court and thereupon Elizabeth Henry Isley be outlaw William  Isley die seize Henry Isley enter into the manor and land as son and heir and  be seize of the same devise d the manor and land to c in fee who convey the  same to brooker and brooker bring a writ of error to reverse the outlawry  against Henry Isley Holborn argue for the king and say that brooker be no way  privy to the attainder of Henry Isley but a mere stranger and therefore can  not maintain a writ of error and first he say and take exception that he have  not set himself down terretenant in possession second he say in his writ of  error that the manor and land descend to Henry Isley as son and heir when as  he be attaint the three exception be that he say that Henry Isley do devise  the land and that he can not do because he be a peeson attaint fourthly he say  that brooker be not tenant so much a sin posse h if it be not for the word of  restitution the party can not have the mean profit after the judgement reverse  ass lessee for year plead to a price pe and reverse ib the question be whether  he shall he in slatu quo way scales for it be obscure if this attainder of  Henry Isley be reverse yet it can make the devise good for there be a  difference betwixt relation by parliament which nullify act and other relation  way h Sentlegers case petition the violent relation of act of parliament if a  bargain and sale he the enrolment after will make act before good but a  relation by commonlaw will not make a Act good which be before void c part  buller and baker case a gift be make to the Godbolt er p king by deed enrol  and before the enrolment the king grant away the land the grant be void yet  the enrolment by relation make the land to pass to the king from the beginning  admit in this case that brooker be terretenant yet he be not a party privy to  bring a writ of error to reverse the attainder of he who be tenant of the land  and I Godbolt have prove that although the attainder be reverse yet he have  nothing because the devise be void and be not make good by relation it be a  rule in our book that no man can bring a writ of error but a party or privy e  e h b ass c part in the marquis of Winchesters case the heir of the part of  the mother can have the writ of error but the heir of the part of the father  may so if erroneous judgement he iven in the time of profession of the old son  and afterward he be dereigned he shall have the writ of error in h the heir in  special tail or by custom can have error but yet m Elizabeth n sir Arthur  Tenniqtghams case it be adjudge that the special heir in tail may have a writ  of error the bail can maintain a writ of error upon a judgement give against  the principal because he be not privy unto the judgement therefore it shall he  allow he by way of plea ill a to know facias I never find that a executor can  have error to reverse a attainder but for the misawarding of the exigent  harshes case be cite c part Fitzherbert feoff at the commonlaw can not have a  hearing complaint in regard he be not privy ass kellaway there the terretenant  bring a writ of error in the name of the heir and not in his own name h dyer  there it be say that he who be a stranger to the record shall have error to  that I answer that he in the reversion and the particular tenant be but one  tenant for the fee be demand and draw out of he but in the principal case at  bar no land be demand but a personal attainder be to he reverse also there it  be put that if the conusee extend before the day there it be say that the  feoff may have error ass e Fitzherbert to that I answer that the feoff be  privy to that which charge he for the land be extend in his band and if the  feoff there shall not have a writ of error the law shall give he no manner of  remedy for there the conusor himself can have error because the land be not  extend in his hand also it be there say that the feoff bring a to know facias  against hirft who have execution of the land to that I answer that that be by  special Act of parliament also there it be say that if the parson of a church  have a annuity and recover and afterward the henefice be appropriate to a  religious house the sovereign of the house shall have a to know facias I  answer that in that case he be no stranger for that he be perpetual parson and  so the successor of the parson who recover h there a recovery be against a  parson and there pollard say the patron may have error I answer that pollard  be deceive there for it be say before that the parson have but a estate for  life and then he videlicet the patron be as a recoverer who shall have a writ  of error dyer but the parson have the fee and therefore pollard be mistake as  it appear by brook Fauxi fire de recovery h Newton Godbolt a false verdict be  have against a parson the patron can have a attaint there be a difference if  one he party to the writ although not party to the judgement error a quare  hinder be bring by the king against the patron and the incumbent and judgement  only be have against the patron and the incumbent parson bring a writ of error  but if he have not be party to the writ he can not have maintain error so in  attaint the party to the writ though not to the judgement shall have attaint e  b but if he he not party to the writ he shall not maintain attaint as if he  pretend jointtenancy with a stranger who be not name and the verdict pass  against he he shall not have attaint but Jones justice say that he may have  attaint admit the first feoff videlicet c may have a writ of error yet brooker  in this case can because he be the second feoff and a writ of error be a thing  in action and not transferable over c part the marquis of Winchesters case c  part Albanies case one recover against a who make a feoff to b neither the  feoff nor feoff shall have error foy he videlicet b come in after the title of  error and the feoff shall not have the writ of error because he be not a party  grieve Elizabeth in the common plea Sherrington and Worsleys case Sherrington  have judgement against Worsley and afterward acknowledge a statute to b  Sherrington sue forth execution b bring error upon the judgement and it be  adjudge that it will Godbolt er p not lie first because he be a stranger  second because he come in under and after the title of error see the reason c  part then marquis of Winchesters case where it be say that a writ of error be  not transferable this attainder do not work upon the land and so it do not  make the terretenant privy but it work upon the person and blood of Henry  Isley the land be not touch for Henry be uvias attaint in the life of his  father and so it do not touch the land for if henr v they have die without  issue in the life of his father the young son shall have have the land by  dissent which prove that it work not upon the land but upon the person bank  for the plaintiff and he desire that the outlawry may he reverse as this case  be there be no other person who can maintain error Henry Mey have his pardon  before the outlawry but he come not in to plead it and nowvhavi g enjoy it so  long a time we hope a purchaser shall he favour before he who egg a conceal  title the first exception be take to the devise by a person attaint I answer  that that be but the conveyance to the writ of error second it be say that  none but privy or party can maintain error and the adverse party will disable  the heir on the part of the mother and by customer three he will disable the  feoff and make they as stranger first the outlawry wonder S Elizabeth against  Henry Isley which be after the seize of Godbolt the land and brooker be a  party able to bring a writ of error be the heir of the purchaser error and  attaint go with the land h dyer Br case but estopels and condition go to the  heir Fitzherbert error bring by a special heir it be not necessary that always  the heir and party to the record have the writ of error but sometime he who be  grieve by the record a scirefacias be a judicial writ find upon a record and  have as much in privity as error and yet a stranger to the record shall have  it h the heir of the purchaser bring a to know facias to execute a fine it be  object that he be not a party to the record but it be resolve in respect he be  to have the benefit that he be a sufficient person to maintain the writ ass e  execution be upon a statute before the time that it ought to have be and a  feoff biought error it be object that he be not party nor privy to the record  yet because he be grieve by the execution he do maintain the writ of error  Trin Elizabeth in the king Herich Sherrington and Worsleys case no right  remernbred Sherrington do recover in debt against Worsley who alien the land  to Charnock afterward a elegit be award upon the roll and Charnock bring error  and it be admit good and Sherrington force to plead to it now in the principal  case we be the party grieve by the outlawry and therefore may maintain the  writ h a reversioner or he in the remainder without aid prayer or rese shall  have a writ of error because they be damnified although they he not party to  the record I agree that where one be not grieve by the judgement there a  stranger shall not have error e a recovery be in debt and the defendant be  take and escape the sheriff shall not have a writ of error for he be not  grieve by the record but by the escape r the principal be outlaw in felony  afterward the accessary be condemned he shall not have a writ of error to  reverse the outlawry of the principal for he be not grieve by that outlawry  but by his own condemnation another objection be because here be a outlawry  against he and therefore he shall he disable to sue I answer our writ of error  be bring to reverse that outlawry and we shall not he rebut by that outlawry  when we be to reverse it h error bring to reverse a outlawry the defendant  will have disable the plaintiff by another outlawry and it be do allow because  he seek to avoid it h for the mastership of a hospital exception be take to  the writ because the assize be bring to undo the dame of master and therefore  he ought not to name he master h abbot and covent the abbot be prefer and the  covent elect another abbot and the patron bring a quare hinder to defeat the  election it be rule because he go about to overthrow the election he need not  name he abbot guaranty and e Godbolt to the same purpose the matter of devise  be but conveyance to the writ of error and the writ shall not he abate for  surnlusaae e e surplusage be no bar nor estopel the outfiawrie be against  Henry Isley and Peckham and want these word nec the dawn alter come I to  appear Nodderidge justice to say where a feoff shall have a writ of error be a  large field if this feoff bring error and reverse the judgement he must  restore the heir Godbolt er p in blood and who can have a writ of error to  restore blood but he who be privy in blood and that be the heir Jones justice  Marshes case c part be never adjudge there a executor can not reverse a  attainder by outlawry because it do restore the blood the case of Sherrington  and Charnock be to reverse the execution and not the judgement a executor  shall have a general writ of error to reverse a outlawry it be adjourn pasch  car in the king bench