barbara Harbert plaintiff against BYNION defendant a writ of error to reverse  a fine Ro Rep Ro Abr cro James l more in a writ of error to reverse a fine  levy of two house and land by Richard Harbert the husband and by the plaintiff  in this writ of error unto Robert Bynion and his heir at the great session  hold for the county of Montgomery before Lewknor and townsend justice of the  great session die Lunae julii James which be a fine sur release of the husband  and wife and their heir unto r b and his heir date novembris James the justice  upon this certify the record hither the writ of covenant the return the  dedimus power the concord and all requisite the error assign because the writ  of covenant port date after the test of the dedinitis power and so pray a to  know facias against though b the son of r b the conusee who say that by this  fine r b be seize of this land in fee and die so seize by and after who death  the say land do descend unto he as son and heir of the say r b and that he be  within age be in the custody of the king as his ware by reason of the tenure  of the say land and for his nonage he pray his age and that the parole may  demurrer till his full age Barbara Harbert counterpleads this age and say that  long time before rich and Barbara have any thing in c Richard h the father of  the conusor and Elizabeth his wife be seize of this land in the right of  Elizabeth and be so seize they make a feoff unto two to the use of r h the son  and Barbara and to the heir of their two body leave the fee in the heir of  rich the father army pron  interrog  c vigor to cause to stand of h they be  seize in tail and be so seize this fine be levy to Robert Bynion to the use of  he and his heir and also that the same day the husband alone of the same land  do levy another fine to the same conusee with warranty to the use of he and  his heir afterward the say Robert Bynion die seize and this descend to though  Bynion his son and heir and demand judgement whether as this case be his age  shall be allow this be by this writ if reverse to be restore unto her writ of  dower in which age be not to be grant upon this counterplea though b demurrer  in law this case be long argue at the bar and after by all the judge these  case be urge against the age Bulstrode h fol in a attaint age lie not Assisar  plea in a deceit age lie not coke chief justice one action ground upon another  shall ensue the nature of the same action upon which it be ground h if summons  and severance shall be in the first action it shall be so also in the second  this writ of error here bring shake the inheritance if one have two fine a  writ of error be bring upon the first will you oust he of his age because the  second be erroneous Jones cite e that in dower the heir shall not have his age  coke agree this to be so and it be very clear Haughton justice by the  replication here she make a title to have dower and this shall be quite lose  if age shall be here allow dodderidge justice agree herein coke there be no  authority for this she be therefore unwise to join in demurrer dodderidge this  writ here be but to restore her unto a action in which action no age lie coke  croak what be this to all stranger which have the inheritance this shall be  very prejudicial to they Haughton here she have title of dower the which shall  be lose if age be here allow Bulstrode er p coke if the fine shall be shake  only as to he alone which be not so I agree if the same have regard only to  the wife but here in this case if it be reverse the tertenant shall lose his  inheritance dodderidge he have another fine coke clear the tertenant in a writ  of error shall have his age in a quod ei deforceat he shall have his age we be  here in a case in which he shall have his age S in a writ of error Haughton in  a attaint age shall not be grant by reason of the mischief that may ensue  because the juror may all die and so the same mischief may be in this case and  it be a clear case that in dower execute age shall not be grant dodderidge we  be to weigh the mischief here in this case both be matter of delay she may  here lose her title of dower coke we ought here to weigh the right of the  infant dodderidge he shall not lose any of his right in this action and for  this time this case be adjourn for further argument herein afterward S termin  hill James b r this case be move again and long argue at the bar and after by  the judge and by the judgement of the court age be allow it be urge that age  shall here be grant otherwise the heir who have possession by descent of a  freehold shall lose this his possession if age deny he in Elizabeth between  Worsley and Charnock b r age allow by the court for this reason because that  by the wife reversal the who estate by this shall be reverse it be no reason  to proceed against a infant in a writ of error for he may have a release to  plead and also it be uncertain whether she will bring a writ of dower or not  if she de reverse this fine Obj as to the objection make that the infant by  this reversal shall not lose his inheritance because he have another fine that  be levy to he and the writ of error here be bring upon the first fine and he  have a second fine Bulstrode resp in answer to this this be no reason for the  second fine may be also erroneous both of they be levy on the same day and  this may tend to the loss of his inheritance if his age be deny he Q nariae  dyer fol in bassets case the reason there give why a infant shall have his age  because he can discern his own right and by e fol the court ex duty ought to  speak for a infant it be urge by Jones that age ought not to be grant in the  bar here a fine be show to be levy to his father and a descent to he within  age the other reply that her husband be seize and that she join with he in the  fine by which she be bar of her dower confess the descent after her husband  die and to be restore to her writ of dower this writ bring upon the first fine  levy h fol Assisar plea l in a quare hinder no age to be allow because in the  mean time lap may incur and so in this case in the mean time by this the  action of the party shall be lose and this be the reason here give why age be  not to be grant because the party may lose her dower it be also urge that this  writ here be in the nature of a writ of dower because it be to restore her  unto this and this be of the same nature she be to have the same privilege the  writ of attaint and error de follow the nature of the first action and  therefore if no age be to be allow in the first action none shall be allow in  the other by h fol the reason there give in the attaint against the age  because in the mean time all the petty jury may die Assisar um plea e fol a  infant shall not have his age in a writ of deceit and with this agree h fol  where the case be put of a writ of error and no age to be allow coke chief  justice deny the ground before put for if tenant pur auter vie be seize and  bring a writ of entry against the heir of the seize he shall have his age and  yet the tenant be to have but a estate for life the point here be this the  husband and wife levy a fine and the writ of error here be bring to reverse  the whole record whether age in this case be to be allow or not dodderidge  land be give to the husband and to the heir of the wife a recovery by default  be have against they the husband die the wife bring a quod ei deforceat  Bulstrode er p against the heir of the recoverer who be within age pray his  age he shall not have his age in this case coke he shall in this last case put  have his age also if it be not in the case of dower in a real action he shall  have his age and here be no dower settle in the wife Haughton she shall have a  quod ei deforceat when dower be execute coke the writ of error do pursue the  nature of the first action and if summons and severance be in the first action  by h it shall be so in the second action it have be object that here there be  a second fine if so yet this objection be of no force but here it appear unto  we visible that the inheritance of the infant be to be lose this be visible  and in bar of age you never ought to bring a title of dower in question which  be but a possibility of dower and not know whether she will have any dower or  not there be none execute dodderidge that which stagger I in this case be to  see what prejudice by this shall grow to the infant if his age be disallow if  no prejudice why ought we not then to speed this action for the wife may die  before the full age of the infant and then her action shall be lose if she do  reverse this fine what be she then to have by this nothing at all age be to be  allow to a infant where he be to defend his right but where he be to have no  prejudice by the deny of age there the same be not to be allow to he in  prejudice of another coke one be seize in feesimple make a feoff in fee to one  and to his heir afterward he levy a fine to he and his heir the conusee die  this descend unto his heir within age the heir of the conusor bring a writ of  error Bulstrode against the heir of the conusee to reverse the fine who pray  allowance of his age if the other say against this you ought not to have your  age because you have a feoff make by ill father to your father and his heir  shall this plea oust he of his age clear it shall not no more here in this  case by say he have a second fine Haughton this land here be hold of the king  in capite and this be so confess by both side so that now by this here be a  title appear for the king and it be show that the heir be in custodian king  but do not show that the land be seize into the king hand and therefore we now  ex duty ought to send you into the chancery coke if it be so we then ought to  look unto this and so at this time the whole court dodderidge except be of  opinion for the allow of age coke dodderidge this which be move for the king  be no matter afterward on another day in Hillar James the judge argue this  case l Haughton justice rehearse the case as before the sole point be whether  age ought here to be allow or not that here he ought to have his age grant  unto he accord to his prayer in this question which be very copious in our  book many question be determine by statute and by the commonlaw as to this  matter of age to be grant the first statute for this be Westminster the first  cap which do oust the heir of the seize from have of age the second statute be  the statute of Gloucester cap which do oust the heir of his age in a writ of  ayel and besaiel the three statute of Westminster cap in a who in vita upon  these three statute diverse question have rise of which I will not speak at  the commonlaw sometime age shall be deny for the nature of the action as in a  attaint and for the lose of the action which may so be by the death of the  petit jury as in h fol e fol Assisar plea sometime he shall be oust of his age  and sometime grant in to know facias if one de recover in a praecipe quod To  give back against one the tenant die his heir within age here he shall not  have his age because his title be bind by the recovery as appear by h fol h  fol also sometime age lie not in respect of the loss of the infant as by h fol  l in a writ of annuity bring against a parson who pray in aid of the patron  who have the patronage by descent and be within age and pray that the parole  may demurrer here he be oust of his age because that this be a annual rend and  the wrong begin in the parson and the Bulstrode er p charge be to fall on the  parson and not on the patron and with this agree h fol oust of age because  loss to fall upon the heir also the law do less esteem of delay than loss of  inheritance for ever for delay may be remedy but disinheritance not e f in a  quid law proclaim against tenant for life who plead that this be lealed unto  he without impeachment of waste show this and if he will confess then he will  attourn it be there say that rather than the infant shall make such a  confession age shall be grant he and so it be the law do weigh matter of delay  and of disinheritance in a balance but I will not prosecute these case but  come to the point now in question in the which these two thing be to be  consider l first the nature of this action here be a writ of error whether in  this action age shall be grant or not second in respect of the title of dower  here which she have after the Bulstrode reversal of the fine whether this  shall be such a impediment as that age here shall not be grant as to the first  be in the case of a writ of error in the which age be not grantable but yet  with this difference S if it be bring against the heir alone age be not to be  grant if he be not tenant of the land but if he be tenant then age be to be  grant and this be prove by e fol a writ of error bring against tenant by the  courtesy and the heir in reversion pray in aid of the heir and this grant but  oust of his age because he be not tenant of the land with this agree Assisar  plea h fol adjudge that the heir of the tenant in a writ of error shall have  his age for so much as descend unto he here in this case it be plain that he  be tenant and that his inheritance may be lose therefore the law will protect  he until his full age so that in the interim he shall not sustain any loss as  to the second point touch the title of dower allege here to be I agree that at  the commonlaw in a writ of dower age shall not be grant and this be in favor  dowry and so be h fol in a writ of dower the tenant do vouch a heir within age  and in ware to the king this shall not be delay for the nonage as it be there  adjudge e fol accord Q e fol in a quod ei deforceat by tenant in dower to  recover title de dower age pray and deny this bring to reduce her to her eigne  title she shall not be delay by the age of the tenant and so be e Fitzherbert  title dower plea h Fitzherbert title dower plea l that in dower age not to be  allow but as this principal case here be age ought to be grant there be no  express case in the law to make good ill opinion this be a new case but I be  satisfy by the reason which I shall give notwithstanding age be not to be  grant in dower the reason of this be because the law give such a privilege  unto dower in case where the dower it self be in question but not so where the  same be not in question here it be say that at the time of this fine levy she  be entitle to have her dower S if this fine shall be reverse but whether this  shall be so or not be doubtful and she may have another right to the  inheritance she may have title of dower and also title to the inheritance and  it be in her election how she will have it so that this case here in question  be very much different from the case where title of dower be immediate in  question if one recover against tenant in dower in a praecipe quod To give  back and she bring a writ of error to be restore to this again be this upon a  title of dower once execute there age shall not be grant in delay of this but  this be a case of more question than this principal case here S for here it  stand indifferent unto we whether unquan or never her title of dower shall  come in question and this reason give I satisfaction object it have be object  that by the disallowance of age the heir here shall not be disinherit because  that Herbert the husband have levy a second fine unto Bynion and his heir and  this to bind the husband and his heir resp this be so say but this do not so  appear to we as judge but if it be so there may be mean also to avoid this  fine there may be error also in this fine and this be a very forceable reason  that before dower be execute or direct in question there shall be no cause for  this to oust the heir of his age Bulstrode er p another reason may be because  this be in the king hand as to this I shall say no more but as this case here  be age ought to be grant to the defendant pur cause deal son nonage dodderidge  justice the point here only be whether age shall be grant to the defendant or  not in this case I have much stagger in ill opinion I de not find this case in  all the law and therefore this be not to be discuss by multitude of case but  by reason in this case there be a sure way but this be Bulstrode not a safe  way for to grant the heir here be a sure way and no error shall be for this  but this in ill conscience be not a safe way for in this we shall de wrong  coke pars fol Markams case as touch this learning in general but I will not  insist upon general case which concern the plaintiff or defendant many  difference there be to be observe in they accord to the difference of action  but to proceed now unto ill reason whereupon I de ground this ill opinion  against the grant of age in this case first if here be no detriment to come to  the heir nor any loss and if a loss be to no purpose if it be so to what  purpose shall it then be for we to grant he the benefit of his age when as by  this grant there be a manifest mischief on the other side and we in this and  in all other case ought always to prevent the great mischief if the fine here  at this time be erroneous the same will be also erroneous at the full age of  the infant if age be here grant this be but matter of delay for the tenderness  of the infant the wife here seek her dower for her life she may die before the  heir come to his full age and then her dower be lose and she remain impoverish  in the interim for her life and it belong proper unto we to see and consider  which shall be the great mischief and so to use our best endeavour to prevent  this in this ill argument I will pursue that course which be last take as S l  first I will speak unto the writ of error and whether age shall be grant in  this or not second if the title of dower be consider in this case whether then  age shall be grant or not l in a writ of error in some case age shall be grant  and in some case not and this do not rest only upon the difference before put  where he be tertenant and where not in h fol h fol in dudley case this rule be  cross e fol sir Richard Woldgraves case a notable case and the best case argue  in all the quadrages there the difference be put where it be a error in law  and a error in fact and many difference be there put where the heir may plead  in discharge of the error and where not and Assisar plea the same case error  sur un to know facias upon a fine levy of a manor with a foreprise tenant in  tail die without issue he in remainder in tail port un to know facias to  execute this without the foreprise he have judgement to recover the heir in by  descent a writ of error bring upon this against three age there pray and  whether the heir shall have his age to he allow be there very well debate and  that by notable reason draw out of the very foundation of reason and there a  good difference be put where he be tertenant and where not and pray his age  and the reason there give why he shall have his age where he be tertenant be  because the law suppose he to be of such a age as that he can be conusant of  his right that he can make a good defence of his right and so for this cause  it shall be very prejudicial to he if his age there shall not be grant to he  and this be upon the difference there where it be a error in fact and where a  error in law where it be a error in fact as before and upon the former reason  he shall have his age but for he to know how to defend his right against a  error in law this be not in his conusance to do but this belong to the judge  to de for he and they be to see to this on his behalf that nothing be do in  this but that which be right Bulstrode Obj but it have be here further object  that he may plead in bar to the error with more ability when he come to his  full age Bulstrode er p resp but in this case what he can plead here we de see  it all by the plead it self Obj it have be further object that he may plead a  release of all error in far better manner at his full age than before the  release of which of the demandant be not in this case for the husband die  after the death of the father of the infant and then she be a feme covert resp  but if he plead a release of error what ought the judge then to do shall we  affirm the erroneous fine this we be not to do neither the good to the one nor  the ill to the other it be now to be examine here what the heir shall lose if  this error assign shall be present examine and the fine upon this reverse by  this he shall not lose his land the plaintiff by this her writ demand nothing  Obj but it have be object that by this he have lose one of the string of his  bow S this assurance by fine which be reverse resp if he de lose this it be  but a break staff and this will not have pleasure he at his full age and so by  this he have lose but a break staff if this fine be not erroneous he shall  then have no harm by the proceed in this this case be a new case and very much  differ from all the other case before put where delay be on the one side and a  particular mischief on the other side we who be judge ought rather to regard  the mischief than to suffer and give allowance to matter of delay which in  such a case ought not to be suffer No mischief be here unto he if the fine be  reverse for he have another fine of the same land Obj but as to this there be  a objection also make S that this fine also may be erroneous resp as to this  the same be only conjectural and we de not see this to be so neither ought we  to imagine it to be so if this fine be erroneous the same will not benefit he  now nor yet at his full age if the same be not erroneous it will no way hurt  he to have this to be present examine and as this case be he can plead any  thing against this for this case run between all the other case in a writ of  error where age shall be grant and where not appear by e fol h fol h fol l h  fol b age lie not in error by fortescue as the case may be h a writ of error  bring the heir in ware to the king and the land seize into the king hand as it  be not here in our case and therefore age be there grant to the heir this case  be argue in and in h now to exemplify this with the reason of other case so be  a attaint to reverse a faux verdict in manner as a writ of error these two  have a restore property in they all our book agree that in a attaint a infant  shall not have the benefit of his age but this be questionable in a writ of  error and the reason of this be to prevent a mischief which shall be great if  all the petit jury shall die for then by this he have lose his action and this  mischief be here in our case for if the wife who be plaintiff here shall die  in the interim she have lose her writ of dower in a attaint it shall be so as  before and for the same reason before remember Bulstrode by Assisar plea h fol  e fol there be a resolution of all the judge that he shall be oust of his age  in a writ of desceit whether he shall have his age or not all these three writ  S error attaint and desceit be to restore the party to that which he have lose  l by erroneous judgement upon reversal to be restore for a faux verdict upon  the attaint upon the desceit all these three be of one and the same nature  Bulstrode er p desceit in nonsummoning of the partytenant as he ought to do  and these case be as like unto our case as any can be in a to know facias  against the heir upon a recovery by the ancestor of c by a erroneous judgement  the heir be in under this a to know facias bring to execute this against the  heir upon a judgement give against his father he shall not here have his age  by e f l e fol e fol e fol it may be here demand for what cause for he be in  by descent and may lose his inheritance the same objection there make as here  in our case he may have a release to plead but he shall not have this here  there it be say we ought to give credit to a judgement give this bar here  plead be a judgement and therefore for nonage he ought not to be delay of his  execution there it be say he may plead by his guardian and judgement give  ought to be credit be give against the ancestor and the heir in under this and  execution ought not to be delay so here in this principal case you be in under  a erroneous fine you may plead your plea to this by your guardian the second  matter here considerable be whether in regard of the title of dower which  appear and this writ be to restore her to her writ of dower whether in this  case age shall be grant or not age be not here to be allow in a writ of dower  age ought not to be grant as appear by many case as e f e f h f e f and many  other to prove this two reason be give for this in the old book and admit of  in the late book reason because that dower be very much favour in the law Obj  as to this it may be here say that she have no dower resp in answer hereunto  she shall be favour in the bring of this writ for if the law de so much favour  the estate of dower it do also favour the mean of come unto this and this of  necessity and so for this cause no age be to be allow in this writ a second  reason because this be a speedy suit and therefore no delay to be admit of in  this also no mischief by this shall come unto the heir for she shall recover  but a particular estate for her life and to be attendant upon the heir she be  to be in of the estate of her husband and if she shall have this favour by the  law when her dower be settle she shall have this favour also in the mean to  come unto it e fol a feme have a estate in dower she take a second husband  they be implead she bring a quod ei deforceat against the heir who prove to  have his age there rule that he shall not have his age in dower and therefore  not in this action be only to restore her to her dower Assisar plea the heir  in ware the manor of dale descend unto he where it be say if he be oust of his  age in one action he shall be also oust in Bulstrode another action be of the  same nature there rule that age shall not be allow be in the nature of a quare  hinder for the avoid of delay by lap and this may be another reason for it  because that by this the inheritance of the true patron may be lose in e it be  there adjudge that if dower be settle he shall not have his age the same  reason shall be in a action which be only to bring he to this action so here  in this writ of error the same be to be as much favour in law as the writ of  dower it self this be the only mean to enable her to have a writ of dower and  so by this to come to the estate of dower for one shall never come to a estate  if the law will not favour he in the mean Obj it have be object that it be  uncertain whether she will bring her writ of dower or not resp as to this let  we de right and let her de then as she will the election be in her self let we  give unto her wing her liberty in deny of the age the which if we shall not do  we take away this her election from her also this be no harm to the heir to  have a present proceed herein and so this objection be of no force Obj another  objection have be make S that this land may be her inheritance and she may  afterward have and make diverse other title to this land and to prevent which  age be to be allow Bulstrode er p resp as to this it appear to be otherwise in  and by the plead here express that it be not her land this be but a  imagination and that beyond imagination for we de see the contrary this be a  new case and therefore the same be to be argue upon new reason and the best  reason be to be gather and collect out of the old book and of these more  especial out of the quadrages of e and so upon the whole matter the defendant  in this case ought not to have his age allow unto he croak justice in this  case ill desire carry I one way but ill judgement lead I another way first ill  desire be to run under an unmarried woman but then ill judgement say to I that  we ought not to take away such benefit from the infant which the law have give  unto he and that be to have his age to he allow and of this he ought not here  to be oust these three thing be very much favour in the law S do vita freedom  of which I will not speak nor yet of this to show how much the law do hate  delay in case of necessity pro good public no age be to be grant as in case of  a presentment where lap may incur before his full age and so where a infant do  a thing in auter law as if he be a officer or a executor in such case the  benefit of his age be but for delay shall not be allow to he and so where a  infant do a thing of his own wrong be question for this he shall not here have  his age but as to the present case now in question whether age shall be here  allow or not in this case he ought to have his age and the authority of our  book will uphold this and if this be a safe way as so it be it be also a true  way otherwise it can be a safe way whether one shall have his age in a writ of  error or not see for this h e e before remember in a writ of error he shall  not have the benefit of his age where he be not tertenant otherwise where he  be tertenant and so here I will thus frame ill argument here he be tertenant  therefore ex subsequent he be to have his age Bulstrode object but here it  have be object that this fine be erroneous and if so it be either for matter  in milk or in law and that no prejudice by this can come to the infant resp  that which have be say in this do not satisfy I the imbecility of the infant  be such as that he have not knowledge to take the best way for himself this be  One error but it can be only error here I see a particular mischief one way to  the wife but another way a general inconvenience to the infant and the law as  Littleton observe will rather suffer a particular mischief than to open a gap  to a general inconvenience all the case before remember of attaint disceit and  to know facias come not to the reason of this case pro good public ne crime to  stay behind impunitum this another reason why age shall not be grant in a  attaint also it be not here show this writ of error to be bring to restore the  wife quoad breve de dowry but also to all and by the reversal of this fine  this lie he open unto any demand that shall be against he non quoad this only  send quoad all men ad all men thought mode of life this will ill he open unto  all in this case I dare not here to decline a way third string who be way to  look at the reversal of this fine will ill he open unto all manner of  impeachment and so for these reason as this case be age ought to be allow unto  the defendant be a infant coke chief justice the plead here be very barbarous  be that baron and feme be seize as in right of the wife and make a feoff by  parole to two to the use c this be absurd plead for this be not good as to the  wife also the plead be John for Richard also army pron  interrog  Finis  whereas it be a feoff also when the fine be plead it be army pron  interrog   vigour to cause to stand for the fine where it be by the commonlaw in this  principal case age ought to be allow in the argument of the case I will divide  ill argument into three part S Bulstrode er p l first to examine the reason  wherefore age be to be grant second to consider this present case in respect  of the nature of the action be a writ of error three to consider this case in  respect of the title of dower here to come unto which this writ of error be  the mean in respect of the nature of the title for six reason general I hold  that the infant in this case ought not to be oust of his age l first in  respect of the end of grant age by the commonlaw the civil law be against this  for by they the guardian may bind or lose and therefore at the civil law he be  bind to answer present but by the commonlaw he be to have the benefit of his  age because durante those inferior in rank lifetime to answer non to be able  nec debet he can be party to any averment during his minority the law will not  suffer he to take any issue he can during this time put his title upon a issue  e plea new print in a who in vita age grant upon this reason e age there grant  because that a infant can have conusance of his title nor yet of the title of  his adversary speculum arm be vitrum as the optic hold I say that speculum  substantial object be oculus speculum mind be knowledge but a infant want this  therefore to answer non to be able Bracton Britton Fleta be express so in this  S minor non holding to answer durante those inferior in rank Bulstrode  lifetime because that he be altogether misconusant what thing to plead but  there they also except the case of dower a three reason draw from the  counterplea of the nature of it contra placitum to bar one of this which the  law give unto he this counterplea ought to be very plain and certain as appear  by our book the same ought to be certain to every intent and in this the same  be like unto estoppels e the same ought to be full Q e fol by Wilby a  counterplea of age ought to be plain the reason there give because this do bar  one of the privilege which the law give unto he h fol l a infant pray his age  answer there make unto he you have a elder brother live and for this see Q e  fol and as touch these counterpleas see e fol e fol e fol Robert case e fol  there a counterplea by argument not good and so be e fol but here in this  principal case there be none of these for here be a present possession in the  infant and you will oust he of his age here in respect only of a future  possibility to have a writ of dower a lease for life make the remainder to the  right heir of two in fee the one of they die without issue before the fine  execute the other sole shall sue execution of the whole by the survivorship  and this by the better opinion of e fol Fitzherbert joinder in action plea  Assisar plea e fol a four reason rich and Barbary here have release with  warranty and by this writ of error the fine shall not be reverse quoad the  dower only but also quoad the warranty and quoad the release of the feesimple  here a five reason the counterplea here want trial and this ought to be  issuable by e fol not upon possibility to put possession in issue a right of  action be not sufficient for this No issue can be of this for a issue shall  never be make only upon a right this be not here issuable here it be aver that  she have title of dower if the other shall say she have no title of dower this  be not issuable and so this be a plain rule that a counterplea ought to be  issuable but a right be not so also here she have neither right nor yet title  of dower she have neither law in re nec ad remember as long as this fine stand  in its full force and during this time she have only a possibility of action  and this may be another reason if you can put a right in issue a strong you  can put a bare possibility in issue and a counterplot ought to be issuable and  so for this reason draw out of the nature of the counterplea of the age here  age ought in this case to be allow a six reason for the allowance of age here  it appear by all the book of law that these three thing be very much favour in  law S l dower if it be in be Bulstrode er p infancy and fine for that Finis  that which divides lawsuit to place upon a infant to answer non to be able non  debet notwithstanding it be against dower when infancy and a fine on the back  of it come in question this shall not be try nor determine during the minority  of the infant here you have give but a slippery title to the infant for the  inheritance be leave in Elizabeth pasch e in a per who the condition of a  slave a infant shall have his age allow he this in the manuscript of the say  book not print but afterward he shall have all his arrearage from the time of  the action bring if you can bar he of attornment as the book be the law will  not put he to any prejudice and this be a good case as touch the second part  in respect of the nature of the action here be a Bulstrode writ of error the  father ought to die in possession seisie morust seisie not to travers the  feoff but if he be in by descent h f the law be careful to protect a infant  and his right e fol a good case e fol b by coke in a faux judgement against a  infant he shall have his age because to answer non to be able it ought here in  this case to have be show that the father be seize and die seize and that he  be in by descent and so to travers the descent object as to the case object of  attaint that in this case a infant shall not have his age allow he as touch  this it be true he shall not here have his age but this be upon another reason  resp No age to be here allow because this be to punish a perjury for this be  not bring against one as heir and therefore nontenure be a good plea in a  attaint and this lie against one be no party to the record and this so appear  by all our book in h fol b where the difference be put between a attaint and a  writ of error as to the have a supersedeas grant the same not to be in a  attaint otherwise in a writ of error the reason of the difference be there  give the case of the writ of disceit be not like unto our case here in a quare  hinder age shall not be allow for there a wrong be do and it be a personal  action and therefore but no wrong be here do in our case there the advowson be  to be recover not ex straight send ex to turn aside now as touch the three  part in respect of the title of dower object the title of dower it have be  object here which the wife the plaintiff here have and that she can take  knowledge of the feoff to William and to use c resp notwithstanding this yet  here he be to have his age this be but a possibility and the same not to be  put in issue as before the first case that I be of counsel in of the like  nature be pasch Elizabeth and this case I then argue where William bring a  writ of dower against draw William the son have recover a writ of error bring  upon his judgement all the tenant make default one of they be a infant if a  infant make default she shall recover dower but here because damage entire be  give if to be reverse it shall be as against he alone Trinity Q Elizabeth  between Harvey and wood in a writ of dower bring in the c b the tenant make  default and judgement upon this give against he a writ of error bring  judgement against he his default shall not aid he be within age but for this  Hillar e Fitzherbert title saver default plea be instar all his default in  dower shall not aid he be a infant the reason there give because in dower he  can have his age and therefore he can for this cause save his default Fleta  lib cap non to answer minor nisi in grammatical case dowry hoc near savourem  dowry and with this agree Bracton fol near savourem dowry and for the danger  that if age shall be allow she may lose her dower by this and so here Britton  fol cap l and the register fol she ought to have dower against a infant and if  he assign more to her than she ought to have he shall have a writ of  admeasurement of dower Bulstrode er p now to examine the reason of that and of  this case in a writ of dower she be to recover a estate only for her life this  be no disinherison the law give this unto her and she have nothing to debar  her self of it Bulstrode but here in this principal case she will disinherit  the heir here be kindness smeared with birdlime the other be kindness simplex  here she have release her dower by the fine and warranty and this be the first  reason another reason the reason of dower prove this clear that in this case  nonage be here to be allow here she now go about and that against her own act  to entitle her self to dower another fine be also levy unto this to answer non  to be able Obj the case of to know facias have be object of e and h that age  shall not be allow he because his title be disaffirmed he say his father be  seize and die seize the other show a judgement have against his father resp  this be a plain counterplea of the age by e where it be in affirmance of the  title by fine levy and diverse descent there in a to know facias he shall have  his age where he have his possession by descent but we be here now in case of  a fine and therefore age to be allow and the reason of the dower make against  this for here by this she will not only gain to her self a title of dower but  will reverse the fine for all even as to the release with warranty and so upon  the whole matter I conclude and in this ill conscience go with verity and  safety for it be not safety unless it be with verity that age in this case  ought to be allow to the defendant be a infant and so accord to their  resolution judgement be enter that age shall in this case be allow to the  defendant and that the plea shall stay until the full age of the defendant