case ball against cock the death of the conusor after caption and before the  king silver be pay can be assign for error to reverse the fine SC lily Ent SC  comb ante post Inst   hob vent cro James dyer Prec Ch vern Mod pale yellow e r  barn Bac Abr will ld ray burr a writ of covenant do bear testae the first day  of Trinity term returnable tres the number three and it be take by dedimus on  the thirty of July a writ of error be bring to reverse this fine and the error  assign be that the cognisor die after the caption and before the enrolment at  the king silver office it be argue by the counsel for the plaintiff in the  writ of error that a fine sur cognizance de law de Ceo be say to be levy when  the writ of covenant be return and the concord and king silver which be a  ancient revenue of the crown pro freedom to agree duly enter for though the  cognisor die afterward the fine be good and the land passes but if the king  silver be not enter the fine may be reverse by writ of error for it be a  action and judgement and the death of either party abate it ante dyer   cro  Elizabeth see also Jones ray skin lev and the case of Watts v Birkett will a  if it shall be object that this can be assign for error because modern er p it  be against the record which be placita terrae enroll de boundary saint the  number three year primo James c it be true a error can be assign against the  very essence of a record but in the matter of time it may and so it be in this  case it be like Syers case Elizabeth who be indict for a burglary suppose to  be do the first of August and upon the evidence it appear to be do the first  of September and though he be acquit of the indictment for that reason  videlicet because the judgement modern relate to the day of the indictment yet  it be resolve by all the judge of England that the very day need not be set  down in the indictment for be it before or after the offence the jury ought to  find accord to the truth of the case upon the evidence for they be swear ad  reality to say r see the yearbook Henry pl Inst and hind case   b this must be  assign for error for if the contrary be say it be against the record the  custos narrow places have return that the fine be take July which can not be  in Trinity term for that end July otherwise it be repugnant to itself e contra  it be argue that this be not assignable for error it be true if the party have  die before the entry of the king silver it have be error but if afterward it  be not so dyer   see also Inst Leon Com dig fine e Shepherd touch ld raym c  thus be the case of Warnecomb v carril which be husband and wife levy a fine  of the land of the wife and this be by dedimus in the lend vacation she be  then but nineteen year of age the king silver be enter in Hilary term before  and she die in the easterweek and upon a motion make the first day of easter  term to stay the engross of the fine it be deny by the court for they hold it  to be a good fine another reason why this be not assignable for error be  because it be direct against the record which be of Trinity term and can be of  no other term and to prove this he cite arundel case cro James Yelv see also  roll Abr Bac Abr will term Rep d where a writ of error be bring to reverse a  fine take before Roger manwood esquire in his circuit he be then one of the  justice of the common plea and the dedimus be return per Rogerum manwood  soldier for he be knight and make chief baron the term follow the fine pass  and this be afterward assign for error that he who take the caption be not a  knight but it be direct against the record they will not intend he to be the  same person to who the writ be direct Adjournatur afterward the fine be affirm