ccxxxviii bedel and more case action upon the case for not perform a award  error damage Bedel bring a action upon the case against more in the kingsbench  and declare that the defendant do assume to perform the award of I S and  assume also that he will not sue execution upon a judgement which he have  obtain against the plaintiff in a action of account c and show further that  the award be make c which award in law be utter void and that the defendant  have not perform the say award and also that he have sue execution against the  plaintiff the defendant plead non assumpsit and it be find for the plaintiff  and judgement give accord upon which more bring a writ of error in the  exchequer Chamber upon the statute of Elizabeth and assign error because the  plaintiff have declare upon two breach whereas for one of they there be not  any cause of action for the award be void in law then no breach can be assign  in that and then when the jury have assess damage intirement for both breach  whereas for one there be not any cause of action by the law the verdict be  void then the judgement give upon it reversable for it be not reason that the  plaintiff have damage for such matter for which the law do not give a action  Leonard and if the jury have assess damage several videlicet for the not  performance Leonard er p of the award so much and for the sue for the  execution so much then the judgement have be good and the damage assess for  the not performance c void manwood chief baron the verdict be well enough for  here the whole assumpsit be put in issue and there be but one issue upon the  whole assumpsit but if several issue have be join upon these several point of  the assumpsit and both have be find for the plaintiff and damage assess entire  for both breach then be the judgement reversable for be several issue the  jurymight have assess the damage several sure for each issue several damage  but here be but one issue and it be the folly of the defendant that he will  not demurrer in law upon the declaration for one part sure the not performance  of the award and traverse the other part sure the sue of the execution or the  assumpsit of it and in our case it may be that the jury do assess the damage  for the sue of the execution without any regard have to the performance of the  award and note that the verdict for assess of the damage be in these term sure  et tribute payer financial loss occasion non performationis assumpsionis  predict c and cook who be of council in this case put this case the late earl  of Lincoln admiral of England bring his action of temptation to sin great man  and declare that the defendant exhibit in the starchamber against he a bill of  complaint contain diverse great and infamous slander videlicet that the say  earl be a great and outrageous oppressor and use outrageous oppression and  violence against the defendant and all the country also the defendant plead  not guilty and find for the plaintiff and as assess damage and it be move in  stay of judgement first that the plaintiff have declare upon matter of slander  for part for which a action lie and for part not for the oppression suppose to  be make to himself no action lie because every subject may complain for wrong  do unto he and although he can prove the wrong a action will not lie but as  for the oppression do to other by the supposal of the bill a action lie for  what be that to he he have not to do with it for he be not pars show with  reluctance but because the jury assess damage entirement the judgement be  arrest for the cause aforesaid and afterward in the principal case the last  day of this term judgement be stay     hill Elizabeth in the king bench