anderson and other against ware in error a recovery in dumb to be infra  lifetime against a infant by default after default may be reverse for his  nonage and he may assign the nonage for error without aver that he have the  land by descent James a b recovery of dower against a infant by default shall  not be avoid by nonage and e Fitzherbert title saver default in dower a infant  ought to save his default and smith v smith accord m James b r cro James by  judgement mich and Elizabeth error in b r rot cro Elizabeth trussel case who  in debt against hint plead that he be outlaw for felony and adjudge no plea  see the record Fost Henry b Rep a man recover by dumb to be infra lifetime  against three by default after default and two of the tenant be within age and  they all bring a writ of error and assign the nonage for error and it appear  to the court that they be within age upon inspection and note the assignment  of the error be that at the time of the rendition of the say judgement they be  within the age of twentyone year without allege in fact that their ancestor be  seize and die seize and that the land descend to they c so that it may appear  that there be cause to have have the first parole demurrer during the nonages  and for this reason the assignment be challenge say non allocatur for there be  a notable precedent and record strew by Haywood S in e h before Fineux see rot  Benloe pl that a writ of error be bring by one Carron upon a judgement give in  a b against he by default after default in a formedon in the reverter and he  assign the nonage as above general and the defendant aver kiln of full age  without this that he be within age and issue join and this issue be try there  by the inspection of the court and adjudge within age and thereupon judgement  give for the plaintiff S far the aforesaid error let the say judgement be  reverse c without say and other in the record because the error be a error in  fact and not in the record so note the difference in the entry by Haywood see  for the default of a infant m e and cat t e and quaere legend whether the  outlawry of a infant be erroneous or note and note that all the three be dyer  b er p adjudge per cur to be within age at the time c and therefore the  defendant in easter term and Philip and mary demurrer in law upon the above  assignment of error and do not rejoin S in nullo be erratum and this be the  better way by the opinion of the court and Haywood e contra and in Michaelmas  term and Ph and m it be again argue as follow it appear that the dumb to be  infra tatem be bring by Claude against the three sister as daughter and  coheiress of John Anderson and so they be name in the writ of dumb to be infra  lifetime therefore quaere whether it be necessary to aver in the assignment of  the error that their father die seize in fee and that the land descend to they  be within age or not for there be no supposal of the writ that they have enter  except by their father dyer therefore quaere ind it seem in the first place  that every subject of this realign for injury do to he in his God land or  person may sue to the king and against any subject be he bind or free woman or  infant religious outlaw excommunicate or otherwise without any exception and  against he who be able to render the demand c and the king sit in person in  chancery say no one vendem no one to say no or to carry apart judgment or  remedy as great Charta say c then the sheriff be the officer to serve the  process if it be real to summon the tenant upon the land and if he return he a  infant or feme covert the return be bad but to return that the abbot who be  sue by the name of I abbot be depose be allow in h pl for a good return  because it amount to death c a infant be impleadable by law and for his  contumacy or contempt shall be punish as a man of full age as a outlawry  return upon a infant be good and not error by h Fitzherbert title Utlagarie so  that he be pass fourteen twelve year such also be the law upon default after  default and in m h rot final judgement be give in a writ of right because  dominus to let go back curian svan c bring by Marvyne justice and other  against Margaret York be tenant for life remainder to the two daughter of  erneli her first husband in fee and the mother pray aid of they strew this  matter and they join gratis by a guardian there present admit by the court and  then all three join the mouse and then make default be solemnly call and  depart in contempt of the court and make default wherefore final judgement be  give without any voucher against they all c enter m James b r rot this be  assign for error in the case of smith but because it do not appear to the  court that he be a infant it be resolve to be no error a infant tenant in  dower shall not have his age and if he lose by default he shall not reverse  the judgement cro James east car b r in Lord monjoy earl of Newports case cro  car sir W Jones in a writ of error on a judgement give in c b it be resolve by  the whole court that when a infant by his guardian levy a fine and recovery be  have against he accord he shall not avoid it when he come of age see   Litt b  note and cruise on recov m car b r Delaval and Clare case Noy latch sir W  Jones a action upon the case be bring against a infant for that whereas he  send cloth to the plaintiff be a tailor to make he a suit c and promise to  give he as much c and adjudge that the action lie so blackstone case m James b  r rot report in Delaval v Clare in Noy c above a brewer of London bring a  action upon the case against a infant for drink sell to he for such a price  and the action be adjudge maintainable if a infant be bind in a penal bind  this be bad although it be for eat and drink which be Hutchings case state in  Delaval v Clare in latch above t James b r hill and Wittingtons case cro James  a infant be a mercer buy merchandise and whether he shall be charge by his  contract be the question and by Bromeley baron be a judge of the corporation  it be adjudge he shall whereupon error be bring and the judgement hold  erroneous by Montague crook and Houghton for a infant shall not be bind by his  contract unless it be for his meat and drink and for necessary apparel and  what shall be adjudge necessary be in the discretion of the court see bull Ni  bring term Rep term Rep Br Cas in Ch Com dig also e b pl dyer a er p final  judgement be give against a infant and h a pl a infant be drive to answer to  the breach of a prohibition in estrepement c and h b pl for felony because ill  will supply lifetime also a nonsuit in quare hinder in e be peremptory for the  possessory action and his surety shall be amerce yet quaere this and t e  Fitzherbert title saver default a infant essoigned pur service Le roy fail of  his warranty at the day and seize of the land be award against he a infant be  bind by eatery statute law if he be not express exempt as forjudger recovery  in cessavit fine with proclamation a infant pray to be receive and there be a  traverse he shall find surety for the mesne profit as a snag of full age e pl  a infant plaintiff in assize be favour and the court and judge will aid he to  make his title and plead otherwise it be if he be defendant in the assize and  although by h a pl if a infant appear at the grand cape he shall not save his  default c yet the judgement upon his default be not erroneous because it be  voluntary see absentavi and then he sue to have the favour of that law which  he have despise and he who resist the law shall ask its aid in vain also in e  east and h e the tenant in a formedon be a infant appear by dyer guardian and  pray his age and the demandant aver he of full age and pray that he may be  inspect c and at the day he make default a grand or petit cape shall issue but  quaere which of they also the great inconvenience be to be consider for if he  shall reverse this judgement then there be no remedy to recover land against a  infant during his nonage for he will make default after default in all action  c and although the precedent of h be against the defendant yet see long quint  fol a that precedent and usage do not rule the law but the law they and  therefore it be there say that a outlawry be reverse because it be ad come  Lancastriae ibidem tent and do not say at Lancaster or such certain place  whereto the ibidem may be refer and yet it be reverse notwithstanding there be  one hundred precedent of such return then a strong of one precedent because  one swallow cloth not make a summer and see a case of privilege in h fol a in  the new report deny to one who do not come personal into court so that he may  be examine whether his intent be to come to London for his matter in suit or  not but notwithstanding all these reason the judgement be afterward reverse  dyer a er p