coke a the case OF the mayor and burgess OF lime king concern misnomer of  corporation Trin James rot norf sacred scripture John pain late of Catton in  the count aforesaid gentleman executor of the testament of John pain late call  John pain of Lynne king in the county of Norfolk Esq be summon to answer to  the mayor and burgess of Lynne king in the county of Norfolk of a plea that he  render to they l which he unjust detain from they c and whereupon the say  mayor and burgess by Henry bastard their attorney say that whereas the  aforesaid John pain the testator in his life on the that day of January in the  that year of the reign of the lord the now Kini c at Gaywood in the county  aforesaid by his certain write Obligatory have grant himself to be bind to the  say mayor and burgess in the aforesaid to be pay to the say mayor and burgess  when thereof he be require yet the say John pain the testator in his lifetime  and the aforesaid John pain the executor after the death of he the testator  John pain although often require the aforesaid to the say mayor and burgess  render not but the same deny to they to render and the aforesaid John pain the  executor do yet deny the same to render to they and unjust detain the same  whereupon they say that they et coke b be injure and have damage to the value  of and thereof they bring suit c and bring here c Vid send for Kynaston v  mayor of SIbrewsbury strange sc rep tempt hard Eickhorn v Le maitre will  clement v Lewis Brod bing SC b more Bentham case   a where in a action against  a overseer act army duty the plaintiff be nonsuit or have a verdict against he  a writ of enquiry may be award by the court to inquire of the Triple damage  give by stat Eliz to the defendant for it be only a inquest of office and no  part of the issue nor be it a thing for which a attaint will lie Brampton v  roll Rep anon roll Rep Valentine v Fawcett Rep tempt Hardwicke SC strange  Herbert v water Mod SC Carth Davell v martial will SC black Rep sir James  Harberts case skin SC Comb SC 1Salk in all these case the rule in Cheyneys  case be recognize as good law if on demurrer to evidence the jury do not  assess the damaores conditional the omission may be supply by writ of enquiry  Darrose v Newbott cro car but where the jury who try the issue in replevin  upon a distress for rend omit to inquire of the rend in arrear and value of  the good distrain pursuant to stat car c no writ of enquiry can be afterward  award to supply the omission for by the word of the statute these matter be to  be inquire of by the same jury who try the issue Slbeape v Culpeper side sc t  raym SC keb SC vent SC lev Herbert v water salk Vid freeman v lady archer  black Rep GillingAam v Waskelt I MClel Tidds practice that edit note Hounson v  Redshaw sand b d in Herbert v water salk holt CJ say that car inter Burton  Robinson detinue be bring and upon trial of the issue the jury find the damage  but not the value of the distress and the court grant a writ of enquiry which  be contrary to Cheyneys case and as he think contrary to law Vid Burton v  Robinson report t raym side keb coke report a er p into court the write  aforesaid which testify the debt aforesaid in form aforesaid who date be the  same day and year aforesaid c and the aforesaid John pain executor by Thomas  Blofield his attorney come and defend the force and injury when c and say that  he by virtue of the write aforesaid ought not to be charge with the say debt  because he say that the say write be not the deed of the say John pain the  testator and upon this put himself upon the country and the aforesaid mayor  and burgess likewise therefore it be command to the sheriff that be cause to  come here from the day of the holy Trinity in three week twelve c by who c who  neither c to recognize c because as well c at which day the juror between the  party aforesaid of the plea aforesaid be put between they in respite here  until this day that be to say in eight day of saint Michael then next follow  unless the justice of the lord the king assign to take the assize in the  county aforesaid by the form of the stat c on Monday the that day of July next  follow at the castle at Norwich in the county aforesaid first shall come and  now at this day come as well the aforesaid mayor and burgess as the aforesaid  John pain the executor by their atorneys aforesaid and the aforesaid justice  of assize before who c send here their record in these word afterward at the  day and place within contain before Edward coke Knt chief justice of the lord  the king of the bench and John croak Knt one of the justice of the say lord  the king assign to hold plead before the king himself justice of the say lord  the king assign to take the assize in the county aforesaid by the form of the  statute c come as well the within name mayor and burgess as the within write  John pain the executor by their atorneys within write and the juror of the  jury whereof within be make mention be likewise call come who to say the truth  of the matter within contain be choose try and swear say upon their oath that  long before the make of the write Obligatory within write the Lord Henry late  king of England the that on the that day of July in the that year of his reign  by his letter patent seal under his great seal of England hear date at  Westminster the same day and year and to the juror aforesaid in evidence show  recite by the say letter patent that whereas the say late king by his letter  patent who date be the that day of June in the that year of his reign of his  special grace and of his certain knowledge and mere motion late have grant and  by the say his letter patent confirm for he his heir and successor to the  mayor and burgess and inhabitant of his coke a borough of bishop Lynne in his  county of Norfolk that they for ever shall be one body corporate and one  commonalty perpetual in thing and name and that they shall have perpetual  succession and the name of the mayor and burgess of the borough of aforesaid  bishop Lynne in the county if Norfolk shall have and hear and by the same name  shall be person able and capable in law to have and purchase land tenement  good and chattel and other possession whatsoever and to plead and to be  implead answer and answer defend and defend and may and can defend and be  defend before any justice or judge whatsoever whether spiritual judge or  temporal in whatsoever court and in all and singular action cause matter  plaint and demand of whatsoever kind they shall be or nature in the same  manner as the other the liege people of the say late king person able and  capable in law to plead and be implead to answer and to be answer defend or  may defend or be defend and that the say mayor and burgess and their successor  shall have or may have one common seal for their business and other thing to  be do within the borough aforesaid happen or arise with diverse other liberty  franchise grant article and immunity in the say his letter patent contain and  specify as in the say his letter patent more full and manifest appear and  whereas afterward by a certain statute late in a parliament of the say late  king at London hold the three day of November in the saint year of his reign  and from thence adjourn to Westminster and there hold and from that time  continue by diverse prorogation until the that day of February in the that  year of his reign and then and there hold among other thing it be enact that  the say late kin Henry the that his heir and successor king of England shall  have hold and enjoy to he for ever the lordship or manor of bishop Lynne and  Gaywood among other thing with all and singular their appurtenance as also all  liberty franchise good and chattel waif coke report b er p and stray view of  frankpledge court profit of court and all and singular other temporal  possession and hereditament with the appurtenance in bishop Lynne and Gaywood  aforesaid which late before then belong to the late bishop of Norwich and  which the say bishop then late have in right of his say late bishopric as in  the say Act of parliament more full appear the say late king Henry the that  for that by the say Act the same manor and possession to he and his heir king  of England be enact and be will and ordain and by the same his letter patent  declare for he and his heir that the say town of bishop Lynne from thenceforth  for ever shall be name and common call and know by the name of king Lynne and  not by any other name and that the same from the name of bishop Lynne from  henceforth shall be destroy and deprive and further coke b the say late king  Henry the that out of his special grace and mere motion and for the love which  he bear to the aforesaid his belove and faithful subject the mayor and burgess  of his borough of Lynne aforesaid in his county of Norfolk aforesaid and which  to the say borough and the inhabitant of the same he have and bear and desire  moreover peace quiet and tranquillity in the say borough continual to he have  and from time to time to be increase from whence all prosperity utility and  their accommodation undoubted take beginning have condescend and by the same  his letter patent have grant for he his heir and successor to the aforesaid  mayor and burgess and inhabitant of his borough aforesaid that they for ever  after the name of mayor and burgess of his borough of Lynne king common call  king Lynne in his county of Norfolk shall have hear and enjoy and by the same  name shall be call and name and not by any other name and that by the same  name they shall be person able and capable in law to have and purchase land  and tenement good and chattel and other possession whatsoever and to plead and  be implead answer and to be answer defend and may be defend before whatsoever  justice or judge temporal or spiritual in what court soever and in all and  singular action cause matter plaint and demand of what kind soever they shall  be or nature in the same manner as the other liege people of the say late king  be able and capable in law to plead and be implead answer and be answer defend  or may be defend as by the say letter patent to the juror aforesaid in  evidence show among other thing more full appear and far the juror say upon  their oath aforesaid that after the make of the say letter patent aforesaid  that be to say on the aforesaid that day of January in the that year of the  reign of the lord the now king of England c within write the aforesaid John  pain the testator in his life the write Obligatory in the declaration within  write specify make seal and as his deed deliver to the aforesaid mayor and  burgess of the borough of the lord the king of Lynne king common call king  Lynne in his county of Norfolk in the aforesaid letter patent name by the name  of the mayor and burgess of king Lynne in the county of Norfolk but whether  upon the whole matter aforesaid by they the say juror in form aforesaid find  the write oblioratory aforesaid in the declaration within write specify be the  deed of the say John pain or not the same juror be altogether ignorant and  pray thereof the advice of the justice and court here c and if upon the whole  matter aforesaid by they the say juror in form aforesaid find it shall seem to  the justice here that the write aforesaid in the declaration within write  specify be the deed of the aforesaid John pain the testator then the say juror  say upon their oath aforesaid that the write aforesaid be the deed of the say  John pain the testator and then they assess the damage of the say mayor and  burgess coke a by occasion of detain of the debt within write above their cost  and charge by they in their suit in this behalf expend to d and for their cost  and charge to d and if upon the whole matter aforesaid by they the juror in  form aforesaid find it shall seem to the justice here that the write aforesaid  be not the deed of the aforesaid John pain the testator then the say juror say  upon their oath aforesaid that the write aforesaid be not the deed of the  aforesaid John pain the testator as the aforesaid John pain the executor above  in plead have allege and because the justice here will advice themselves of  and upon the premise before that they give their judgement thereof day be give  to the party aforesaid until c to hear their judgement thereof because the say  justice here thereof be not yet c coke report b er p