arundel against comb the condition of a bind be that if I S prove not the  suggestion of a bill by the utas of saint Hilary then if he or his executor  pay twenty pound c the death of I S before the utas be a good plea in bar the  condition of a bind vine such that whereas one I S be condemned in twenty  pound debt in the common plea at the suit of the obligor and whereas also the  say I S lath exhibit a bill of complaint against the say oblige in the  Whitehall if the say I S do not prove the material allegation therein contain  to be true by the utas of saint Hilary next by witness or otherwise then if  the say I S his executor or assign pay or cause to be pay to the say oblige  the say sum of twenty pound that then Mr Corbet in his lecture in furnival inn  Aug take this distinction videlicet when by a act execute both condition  become impossible as in the of coke for b laughter case there the fail of one  discharge the other also and to that purpose he cite these case follow Trin  James rot adev Nibbye in a action of debt that if the defendant do not pay  such a sum on such a day or fail to pay it three day afterward that he shall  render himself to prison the oblige die before the first day adjudge that  still it be break so in crop and Beddifelds case it be likewise resolve m e c  b cro more James b r sir James Skidmore when two thing be dependent upon each  other there by the act of God prevent one both be discharge otherwise c hill  car rot wood case Jo palm I S devise to his wife one hundred pound to be pay  on such a day and if then it be not pay that his executor shall pay her two  hundred pound at such a day then to come the wife die before the first day the  executor be discharge Cleeves case rot the last edit be et fait but the old  one of and be fait dyer b er p c and the date of the bind be the that of  October in the that year of the present queen the defendant plead the death of  the say I S before the say alas and after the make of the write aforesaid S on  the that day of December in the that year at oh in the county of S and this c  and the plaintiff demurrer see h and it seem by the opinion of the court that  it be primp facile a good plea a debt on simple contract be not forfeit with  the good and chattel of a felon de see it be move in the starchamber for the  almoner that if a man who be a felon de see have a debt upon a contract and  not by specialty whether he shall forfeit it to the queen with his other good  and chattel or not because the debtor shall be drive from his law against the  queen and by the opinion of both the justice this debt shall not be forfeit  Simile E e b pl dyer trinity term queen Elizabeth in false judgement on a writ  of right close in ancient demesne non sum shape be plead the court reverse the  judgement on these error assign that in the style of the court no mention be  make before what judge No officer be name in the award or the return of the  summons No day prefix to the tenant in the summons tenant within age make  attorney No warrant of attorney enter for plaintiff No name of summoner return  tenant within age and in by descent oust of age that the court below refuse to  receive a demurrer writ of false judgement be sue last term out of chancery  returnable in the bench this term of a judgement in the court of Godmanchester  which be ancient demesne and parcel of the possession of the duchy of  Lancaster upon a writ of right close prosecute there in the nature of a writ  of aiel and the sheriff come thither to the court but the suitor there refuse  to make a record thereof but will advice c and in the mean time a injunction  be sue out of the duchy chamber at Westminster direct to the party plaintiff  his counsellor and atorneys and also to the sheriff to surcease from prosecute  or make execution or return of the writ upon pain of two hundred pound but  notwithstanding this the sheriff return the writ as above upon which return  issue a distringa a follower returnable the last day of this term and because  the suitor who refuse to make the record be seven in number and name by their  proper name in the return of the sheriff therefore the distringa issue against  those seven only although there be snore suitor there and these seven may  bring in and avow the return of the record and on the octave of saint Michael  follow six of they appear and the seven be sick even to death and they pray  that the court will receive the record from the hand of they six and produce  the record in court but the court will not but award a new distringa against  they all seven returnable Gras Martini and the issue of those six who appear  be save and in the mean time the suit in the duchy chamber Orig debtor dyer a  er p be discontinue and one of the plaintiff in the false judgement S Treoe  who former appear be nonsuit and sever by award and the other receive to  prosecute by award because he be a infant and in Hilary term in the that year  error be assign on this judgement the first defect or error be because that in  the style of the court no mention be make before what bailiff suitor or judge  the court be holder dly also no minister or underbailiff be name in the award  of the precept of summons nor in the return thereof dly also no day certain be  prefix to the tenant when he shall appear by the summons but general at the  next court thly also the appoint of a attorney by the tenant who appear to be  within the age of twentyone year thly also no warrant of attorney a be enter  for the demandant although the record make mention that they appear by  attorney thly also no name of the summoner be return thly also where the  tenant b show a die seize and a descent to he of the land from his father and  be within the age of dyer twentyone year pray that the parole shall demurrer  in the plea which be in the nature of a writ of aiel he be oust of his prayer  and compel by the court to answer thly also the refusal to receive any  demurrer in law in this court although the plea be insufficient and to these  error assign the attorney for the defendant who be c plead non sum informus  upon which the court proceed to the examination of the error above and by good  consideration the judgement be reverse this term and although the custom be in  the court as be suppose in the record that a infant there implead of the age  of sixteen year or more shall be drive go answer without have the parole  demurrer yet it seem that inasmuch as the defendant have not maintain that  custom here in the bench which will be issuable and try by the country the  court here ought not to have regard to the say custom which be erroneous at  commonlaw and although by the custom he be competent at the age of sixteen  year to nuke alienation of his land vet shall he not by that be drive to  answer to a predicta quod To give back at such a age by m e and afterward the  judgement be reverse and that the plaintiff shall be restore to all that which  he have lose by reason of the judgement aforesaid but by that he can not  recover cost or damage of any suit in the one court or the other and the  suitor aforesaid assess by the justice at seven pound vie each twenty shilling  see other defect and error in this case m Elizabeth fol pl post