coke a SPARRYS case mich Elizabeth in the exchequer see Brunsden v Humphrey  QBD in a action of trover in the exchequer the defendant plead that the  plaintiff have another action depend in KB for the same trover and conversion  of the same good and it be hold that the bill shall abate in writ which  comprehend certainty as debt detinue c it be a good plea that the writ be  bring pen another but in writ which do not as assize trespass c it be no plea  until after plaint or declaration make in which case the writ purchase after  such plaint or declaration shall abate the plea be good although the first  action be in another court but not where the first action be bring in a  inferior court Israel Owen bring a action on the case against James sparry of  trover of a certain quantity of cotton yarn and sell it to person unknown and  conversion to his own use the defendant plead that the plaintiff have another  action on the case depend in the king bench for the same trover and conversion  of the same good and this suit be prosecute pen the other and demand judgement  of the bill and thereupon the plaintiff do demurrer in law and it be resolve  by sir Roger manwood chief baron and the whole court of exchequer that the  bill shall a Doct pl more a abate for two reason because by the rule of law a  man shall not be b more b twice vex for one and the same cause no one a   a    b   b vent Cr James Cawly Noy roll Rep bridge wing Maz a debet his to shake si  to agree Curi quod sit pro One eaden causan but the old difference in our book  be between writ which comprehend certainty as in debt detinue c and writ which  comprehend no certainty as assize trespass c for it be true that in writ be  they real personal or mix which be certain it be a good plea to say that the  writ be bring pen another but in writ real or personal where no certainty be  contain there it be no plea as in assize the writ be general de book tenement  and a writ of trespass be quare good catalla to take in hand c general without  any certainty either of the thing or of the time oh or of any convenient  certainty which may be put in issue for the law require quod b before a    light a a hard march more b certan res to lead in exit et non to be able to  agree Curi quod sit pro One et eaden causan but in assize trespass c after  pliant or declaration make which pliant or declaration reduce the general of  the writ to a certainty then the writ purchase after such pliant or  declaration shall abate as appear in coke b e brief adjudge in the point where  in assize of novel seize the tenant plead that the plaintiff have another writ  of assize depend of the same tenement between the same party and so this writ  purchase pen the other judgement of the writ and because plaint be not make in  the first writ so that nonpotest to agree Curi of what tenement he make his  plaint the writ be award good and he plead to issue and therewith agree ass p  c Br brief Br assize c ass p vide e brief a writ of rescous bring pen another  shall abate if it be of record that the plaintiff have declare in the first  writ or otherwise not and d Br brief Fitzherbert brief d h ace by Prisot in  assize after plaint and in trespass after declaration the plea be good but in  the case at bar the first action on the case on trover and conversion be it by  writ or bill be here as certain coke report a er p as a action of trespass be  after declaration but the reason in e Doct pl Br brief e h a b which as it  seem the reporter mistake be utter deny by the court where it be say that  because diverse trespass may be do in one and the same day therefore it be no  plea as it be there say in trespass that another action be depend c for the  same trespass for by the same reason after the pl have recover in trespass and  bring his action for the same trespass again the defendant can aver that it be  all for one and the same trespass but the book in f Fitzherbert rief f h b a  be affirm to be good law where in forgery of false deed the def demand  judgement of the writ because the pl have the like writ of forgery of the same  deed to which he have appear and this writ purchase pen the other for the writ  of forgery of false deed be general quare diverse falsehood shape to make well  in falsehood fact to make and the def have not plead that the pl have declare  in the first action whereby the certainty may appear therefore Newton compare  it to a writ of trespass and award the def to answer vide g Br trespass h b a  g h h Fitzherbert trespass Br trespass Br brief h h b that in a action of  trespass for a horse which by the declaration be reduce to a certainty it be a  good plea to the writ that there be a replevin depend of the same take where a  averment be allow that all be for one and the same take and yet there may be  several take in the same day which be against the reason of h and agree with  this resolution and therewith agree also the book in h a where the case of  trespass be adjudge for there in trespass the def say the pl have another writ  depend against the de f for the same trespass on which he have declare  judgement of that writ bring pen the other and Newton and the whole court  award that the writ shall abate note there it be part of the plea to the writ  that the pl have declare a in indebitatus assumpsit the defendant plead in  abatement another action depend for the same matter in the exchequer and do  not allege that the plaintiff have declare in it and by the court this be bad  because it can be traverse whether it be the same matter or not Mitchell v  king Barnard Litt pract Reg Vid bowler v Spathurst Com dig abatement Lutw h  Bac ab abatement m kitchen v Campbell will foster v vassal atk Dudfield v  warden Fitzgibbon a by which he have make the thing certain and that be the  difference between this case and the case in a h b a Fitzherbert brief a h b  Doct pl Br brief b h a b for the coke a principal case in c h a b Doct pl Br  brief before b c h be affirm to be good law for there it be not part of the  plea that the plaintiff have declare and the case at bar be strong for it  shall not be intend that there be diverse sale and conversion in one and the  same day also it be resolve that although the first action be in another court  sure in the king bench or vice line that the plea be good b Pid bonner v hill  Lord raym SC holt Carth comb where plea in KB of another action pen for the  same cause in c b be hold ill but it will seem Vid the report in Lord Raymond  not because the action be in another court but because the pendency of the  action be bad plead b vide d Fitzherbert bar Br debt Br brief d e a send for  and that the book in e brief be good law for it do not appear by the plea that  the plaintiff or defendant be privilege in the exchequer and then by the  statute of articuli super Chartas cap it be enact that no common plea shall be  hold in the exchequer but in e e above e a it appear that the defendant be  privilege in the exchequer and therefore the plea to the writ there be good  but if a man bring a action of debt by bill in London or Norwich or in any  other inferior court and afterward bring coke report b er p a action of debt  in the common plea this suit in the high court which be bring pen the suit by  bill in a inferior court shall not abate c Acc Brinsby v gold Mod seer v  turner Lord raym while v Willis will Com dig abatement h pl Dudfield v warden  Fitzgib c as appear in f Fitzherbert brief Br brief Br estoppel f h a g Br  estoppel Br brief Fitzherbert estoppel g h a b vide e h Fitzherbert action sur  Le case Br action sur Le case h h a b Brininghams case but it be say e a that  all the king court at Westminster have be time out of mind c and so a man can  tell which of they be the most ancient court and afterward it be adjudge that  the plea be good and the plaintiff take nothing by his bill and so note reader  all the book which prima fancy seem to disagree be on full and solid reason  unanimous agree and reconcile case OF bylaws and ordinance