case LIEBURNE against heron a writ of right to reverse a judgement in Durham  be returnable before the judge there notwithstanding the entry of the bishop  to let go back curian suam  SC Yelv SC Bulst more f n b Bl Com App No see Luke  v Harris Bl Rep queen whether final judgement shall be give or only a petit  cape award upon a default after imparlance in a writ of right a writ of right  can be maintain on the seize of the demandant himself unless it be show that  the esplees have be take within thirty year before the writ bring error to  reverse a judgement in a writ of right of land in Thickley the writ be because  dominus to let go back we curian svan the defendant appear and imparle and  after diverse day of imparlance croak throw the tenant make default and  thereupon judgement final be give in Durham error be now bring and it be  assign first because the writ suppose quod dominus we to let go back curian  svan whereas a writ of right ought to be returnable in person justitiar de  common banc and not in person justitiar itinerant in Durham say non allocatur  for it be the usual course for all writ of right in Durham to have that clause  and yet to have the writ returnable before the judge there by commission No  recovery can be in the common plea of land in Durham Henry pl Edward pl second  that final judgement be give upon a default after imparlance where it ought to  have be only a petit cape as it be where a tenant make a default after issue  join for no final judgement shall be thereupon after issue join and try but it  be thereto answer that true it be after plea plead and issue join or demurrer  and day give over if the defendant make default no final judgement shall be  give but the petit cape shall be award but a default after imparlance and  before a plea plead be quasi a departure in despite of the court and therefore  a by and car c after verdict no judgement shall be stay or reverse for want of  allege the bring into court any deed mention in the plead and by and Ann c no  exception shall be take for not allege the bring into court any bind indenture  or other deed unless show for cause of demurrer croak James er p judgement  final shall there be give vide   Penrins case Henry pl Henry dyer Edward  judgement Edward ibidem Henry pl Edward pl Henry pl Henry judgement Edward  ibidem in what case a petit cape shall be only award ill what case a seize of  the land shall be only award which be but a common judgement and where  judgement shall be that the demandant shall hold it in continuous which be a  final judgement note to this point the court do not give any resolution but  seem to incline that a final judgement shall not be give unless upon a  departure in despite of the court which be upon a default the same term after  imparlance but where day be give to another term or to another time certain  and then the tenant make default it shall be otherwise but thereto the court  give no resolution but for the other matter which be not assign for error  videlicet for that the writ bear testae February James and the declaration of  the esplees be allege in the time of queen Elizabeth of the seize of the  demandant himself and by the statute of Henry c of limitation a a writ of  right of his own seize can be but within thirty year before the writ bring and  this seize may be before that time therefore the writ be ill and for that  cause the judgement thereupon give be erroneous wherefore for this cause chief  the judgement be reverse