case Robinson against Robinson if a executor sue as a administrator and the  action be abate it will not bar a second action for the same cause as  executor Post   b   Mod lev Com dig Bac Abr Bl Rep croak James er p debt as  executor of I S the defendant plead guod auterfoit he bring a action as  administrator of I S for this debt and be therein bar and pray judgement  whether the present action be maintainable the truth be that the plaintiff and  another be make executor and he not know thereof take out administration and  bring debt as administrator to which action it be plead in abatement that  another be make croak throw executor who have prove the will and administer  and upon this plea he be bar have now prove the will and the other executor be  dead he bring the present action as executor and the defendant plead against  he the former bar the court adjudge that it be no bar for although once a bar  in a personal action be a bar perpetual that be to be understand when it be a  bar to the right but here it be not any bar but by the misconceive of his  action the action abate wherefore it be not any bar in a new action and it be  adjudge accord croak throw trinity term James in the king bench sir John  Popham Knt chief justice sir Edward Fenner Knt sir Francis gawdy Knt sir  Christopher Yelverton Knt sir David William Knt justice sir Edward coke Knt  attorney general sir Thomas Fleming Knt solicitor general Trinity term shall  commence the day after corpus Christ although it happen to be die non Bl Com  Mod salk   light a   dig burr Trinity term adjourn near plague cro car Com dig  the first day of this term the justice of the court of king bench sit upon the  Friday be the day of the Feast of John baptist although when it happen in any  day of the term except the first day it be no die assize towns but because it  fall the next day after corpus Christ day and by the express word of the  statute Henry c the term be appoint to begin as a full term the next day after  corpus Christ day the justice by the express word of the statute be to sit the  same day Kemp the secondary say that he know it to happen once before in his  time and it be so resolve note near plague which great increase in London and  Westminster the term be adjourn the day of octabis the number three to tres  the number three by writ of adjournment and the justice sit all the first day  of octabis the number three and upon the Monday which be the day of tres the  number three and so to the end of the term which be die Mercury croak throw  michaelmas term James in the king bench sir John Popham Knt chief justice sir  Francis gawdy Knt sir Edward Fenner Knt sir Christopher Yelverton Knt sir  David William Knt justice sir Edward coke Knt attorneygeneral sir Thomas  Fleming Knt solicitor general case memorandum the judge of the king bench sit  at the essoin of the return to which that court be adjourn cro car roll ab  Jones Com dig this term the court of king bench in regard of the great plague  which be about London and Westminster be adjourn until mensae michaelis to  Westminster croak James er p at the same day it be adjourn again unto tomorrow  Martini to Winton the first day of tomorrow be die Sabbati at which day the  essoins of the king bench and common plea be keep but nothing more be do in  any of the court and but one justice of every bench sit videlicet Yelverton  for the king bench and Warberton for the common plea and upon Monday follow be  the three day from the say return Popham and Yelverton sit in the king bench  and not any of the justice of the common plea sit in that court because they  conceive they be not to sit until the quarto die post for all their process be  returnable at the common day but in the king bench the process be returnable  de die in diem and in the chancery the Lord chancellor sit upon the Monday