Carthew fillip versus bury otherwise doctor bury S case post judgement give in  b r for the defendant which be reverse on a writ of error in parliament the  new judgement must be give there and not in b r parliament c comb SC skin SC  salk SC Mod SC Danv pl the doctor be rector of ExcesterCollege in Oxford be  deprive by the bishop of exon as visitor c and one painter choose to succeed  he in Oat rectorship but the doctor keep possession of the rector S lodging in  the college a ejectment be bring in which the plaintiff declare general upon a  demise of the rector and scholar of the college c and now the court be move in  behalf of dr bury that the declaration may be alter for certain a lease make  by the rector and scholar general be not good and here this intend to try the  right to the rectorship which can never be do upon this declaration whereupon  the court order that the declaration shall be alter and that the demise shall  be lie to be make by painter rector of ExcesterCollege and the scholar of the  same and that the defendant may plead special set forth that he be and be  rector c at the time of the demise and traverse that painter be rector tempore  dimission fact and by this mean the right of the rectorship will come in  question afterward in Michaelmasterm year Willi upon a special verdict find in  ejectment judgement be give in b r against the plaintiff painter and upon this  judgement a writ of error be bring in parliament the suit be in b r by  original and not by bill and there the judgement of b r be reverse and the  record of the reversal be remit into b r it be move for the plaintiff painter  that the court of king bench will give a new judgement videlicet quod quer  recupere and for this the case of faldo and ridge be cite and it be insist  that unless the court will give such judgement there will be a failure of  justice for that the house of lord bad only a transcript of the record and bad  no roll to enter any judgement but per curian this can be do for it will be  absurd for this court to give a new judgement contrary to that which they bad  already give and that it belong Carthew to the same court to give the new  judgement where the former judgement be reverse Yelv cro roll Abr Carthew er p  and in the case of faldo and ridge above the court of exchequerchamber after  the reversal c give judgement quod quer recupere c but because they want power  to award a writ of inquiry which be necessary in that case be on a demurrer  therefore it be send back into b r for the execution of that writ and  thereupon to give final judgement for he but this otherwise where the  judgement be against the plaintiff in b r upon a special verdict and that  judgement reverse in the exchequerchamber for in that case there be no writ of  inquiry requisite the court of exchequerchamber do not only give judgement of  reversal but a complete judgement for the plaintiff in the action videlicet  quod recupere c and for this diversity the case in the margin footnote be cite  and hereupon the court of b r be of opinion that they can not give a new  judgement in this case afterward the plaintiff resort to the parliament again  and there upon debate in the house of lord a new judgement be give quod quer  recupere which be enter up accord and execute