coal against green convert brewhouse c into tenement of great value be waste S  c sand to Mod Danv waste in the husting London on a lease for year of a  brewhouse in London the defendant plead no waste and issue thereon and on the  evidence it appear that the defendant take down the brewbouse and erect  several house in the place and improve the rend from to per annum and by the  direction of Howel deputy recorder before who the cause be try for that  thereby the nature of the thing and the evidence thereof be alter the jury  find it waste and give single damage which be tkebled to but then judgement be  arrest on motion before sir William wile the recorder himself for the  insufficiency of the verdict because the writ of the count be quod fecit empty  sale destruction and the jury find fecit lay waste sale destruction sure in  pull down the brewhouse and take away the copper and the other particular c  but do not find any sale of any of the particular upon the bookcase in long e  in waste for fall and sell of tree the defendant plead that he fall they and  employ in repair and the plea adjudge ill because it do not traverse the sale  and although to this it be answer that though in a plea the sale be material  because if he sell they it be waste although he repurchase they and employ  they in repair and therefore the sale be there traversable so that it may  appear to the court whether the employ they in repair he waste or not yet when  in a verdict the waste be find it be sufficient whether they be sell or not  but notwithstanding the verdict for the say exception rule to be insufficient  and a rule make for a new trial whereupon the jury in respect of the  melioration or improvement by the direction of sir William wile before who the  new trial be give a verdict for the defendant and judgement be thereupon give  for the defendant on which judgement coal bring a writ of error before Vaughan  chief justice of the common plea hale chief baron turner and Rainsford and  Moreton justice assign at levinz saint martins Le grand and upon hear of  counsel before Howel deputy recorder the judgement and both the verdict and  the rule for the new trial which be because to see cur quod verdict predict be  full of vice wandering about therefore empty to have novan triatio be all  certify and before the say justice assign four point be argue and adjudge  videlicet saint that the first verdict be sufficient for the reason before  allege raze Entr b a pasch Elizabeth pl that that both the verdict and the  rule be well certify at first on the writ of error because the husting be a  inferior court no diminution can be allege of certify more than be certify at  first and if the first verdict be not certify and the rule c the erroneousness  of the proceed in the husting can appear and so no remedy be on the writ of  error and for this be cite   Lovedays case   Entr Donals case dly that the  court here ought to reverse the judgement because the court below err in set  aside the first verdict as insufficient where it be sufficient thly that the  court here ought to give the same judgement here for the plaintiff on the  first verdict as the court below ought to have give and this by virtue of the  word in the writ of error et beyond creation quod ad justice to stretch out  secundum law royal power experience community predict and though no precedent  be produce of such a thing do before in this case yet they say they will  presume the custom of London to be accord to the commonlaw if no precedent be  show to the contrary and upon this all the judge agree and reverse the  judgement and give judgement for the plaintiff on the first verdict on which  judgement of reversal the defendant bring a writ of error in the house of peer  and assign error that the jury do not come from the four next ware which by  the custom of London they ought whereupon the defendant in the error plead in  nullo be erratum and on argument there the lord with advice of the judge  resolve these point that it be not assignable for error be contrary to the  record because the award of the venire facias be de quatuor neighbor ware and  the writ be return serve accord and be not like to the case cro nor I roll Abr  m which be from more inferior court where it be assign levinz er p that one  name alderman be not a levinz alderman and one name steward of saint Catherine  be not steward but the court and custom of the city of London be confirm by  Act of parliament and be like the grand session of Wales or the place court  and roll Abr No be it can be assign that the deputy of the grand session  before who the court be try be not deputy and molins and Nesbys case Trin car  b r rot and king and allen case in the same court it can be assign that the  judge of the Marshalsea be not judge or present in court second that in nullo  be errat be a demurrer but though there be a error in fact it be not confess  by the demurrer it not be assignable but the demurrer be thereupon in point of  law because not assignable on which the judgement be affirm and remand to  saint martins to be execute and there it be object that they can not execute  it because they have no seal to seal the execution but for that a precedent be  produce date June Elizabeth between crowther and gee where in the like case  the justice seal the writ of execution with their particular hand and seal and  so the court resolve to have do here but before it be do green the plaintiff  in the error die not have any good in London and forth alderman of London  claim by a lease under green have prefer his bill in chancery to be relieve c  and pray a injunction thereby this waste be a melioration but he to have a  injunction be order by the court to enter into a recognizance to answer for  green be a ancient man and on hear of the cause there in regard there have be  one verdict for the plaintiff and another for the defendant the Lord keeper  Bridgman after all those proceed direct a new trial at the king bench bar to  try in a feign issue whether waste or not and on the trial before hale then  chief justice it be resolve to he waste notwithstanding the melioration by  reason of the alteration of the nature of the thing and of the evidence  thereof and the jury give their verdict accord and mark single damage which  tkebled amount to which the chancery compel coal to take coal to have  execution of the place waste have the record transmit by certiorari immediate  from the justice at saint martins into the king bench without have it certify  into chancery and send from thence by levinz mittimus into the king bench and  from thence issue a to know facias against the administrator of green and  against forth and other surmise that they have enter into the place waste and  still hold it and they come in and demurrer upon the writ thus videlicet for  that the plaintiff he not to have seize because non constat that forth enter  on a title under green second for that the record be not legal remove into  this court to be execute unde petit judgment de breve quod breve predict empty  and now four question be resolve by the whole court videlicet first that the  record be lawful remove immediate into this court by the certiorari without  any mittimus from the chancery on the precedent Reg f n b b f Reg f n b second  that it be in this court this court may execute it notwithstanding hut Rishan  against Goodwin that this court can execute the judgement of inferior court  and this resolution be ground on pasch h rot Rastals Entr ashton placita  reused mich James b r rot hill James   b rot pasch James b r rot Bre  Judicialia hill h rot Thesaures narrow places raze Entr   Entr Reg f n b three  that the to know facias be good without show by what title forth enter and  this be ground on raze Entr moil bro Bre Judicialia raze Entr Reg judaic and  general in recovery in real action the to know facias be against such and such  who enter c fourthly it be resolve by all the justice that the plaintiff shall  have judgement to have execution and not to answer ouster because although the  conclusion of the demurrer be in abatement yet the commencement be in bar the  judgement shall be peremptory mich car b r rot and so it be and the plaintiff  have execution accord Norton and levinz be for the plaintiff coal throughout  this whole cause and finch Jones and other for the defendant so where matter  in abatement be plead in bar and conclude in bar judgement shall be final Mod  levinz er p levinz report volume the report of sir creswell levinz Knt late  one of the judge in the court of common plea at Westminster contain case hear  and determine in the court of king bench during the time that sir Matthew hale  sir richard Rainsford and sir William Scroggs be chief justice there as also  of certain case in other court at Westminster during that time translate into  English by Mr sergeant Salkeld and other of the middle temple the three  edition careful correct Vol levinz boundary pascha year car two in banc king