case XLVI ass pl e a have judgement against b in ravishment of ware b bring a  writ of error and assign for error that the plaintiff below do not show in his  count that he have seize the ware non allocatur for it vest in he by the death  of the ancestor for it be a thing transitory d objection the writ be to seize  and carry off and not to take in hand to lead away non allocatur the reason  give ass pl be that this objection to be in abatement de br quoth to be affirm  per Le plea a lacc I e the defendant below may have plead this in abatement of  the writ but he have affirm the writ by plead to the action cheney case   for  so be the form of the writ d objection the writ be not way arms non allocatur  for west cap prescribe the form of the writ and it ought to be pursue and it  have not way arms that objection a trespass of battery and of good take away  be join with the ravishment yet it be good for ravishment of ware be a  trespass at the commonlaw and Westminster cap only add a great penalty in this  action entire damage for the whole be give the defendant be find guilty of the  whole they may well be give many trespass at commonlaw may be join in one writ  but not where the commonlaw give one action and statute law give another this  ravishment of ware be bring before commissioner of oyer and terminer and well  although the statute of Westminster cap mention that it shall be bring in the  common plea before the justice there for it be only a affirmative statute  summons and severance lie in this action the value of the marriage be not  inquire in the principal case yet it be not a error to be allege by the  defendant for it be for his advantage if the value of the marriage be not  inquire by the verdict the verdict be imperfect and a new venire facias shall  be award but it be not a cause for the defendant to reverse the judgement if  damage be excessive he may have a attaint if a man bring a action upon the  statute Phil mark of a distress take and impound five mile from the place of  caption and in the fame writ join trespass of battery or the take the good the  writ shall abate for one be by statute only the other be at commonlaw