case YOXON against bennet judgement in a inferior court be good although the  summons be direct to the sergeant at mace and the process to bring in the jury  to the sheriff of the county error of a judgement affirm in the court of  Chester upon a writ of error of a judgement give in the CorporationCourt of  the city in a action upon the case for a libel the declaration set forth that  the plaintiff be a alderman of the city of Chester justice of peace and a  grocer by his trade and that the defendant do malicious c publish a libel of  he in these word which he cause to be fix up in several place of the town  these be to advice all good person to show I where I may see alderman Yoxon to  receive my money of he a demurrer to this declaration and judgement for the  plaintiff in the mayor court affirm in the chief justice court and here it be  assign for error that upon the plaint levy below the process to bring the  defendant into court be direct to and execute by the sergeant at mace and  after a interlocutory judgement in the demurrer they direct a precept to the  sheriff of the county to call a jury and inquire of damage and it be urge that  they can not change that officer but that the same officer who execute the  mesne process shall execute the judicial one and they say no prescription can  be to justify these proceed because they have no sheriff until the time of  Henry the seven for until the twentyfirst year of that king the city be part  of the county at large and they bad no sheriff but that of the county and  therefore this sheriff can not be a officer to the mayor court which be by  prescription modern a second error be that upon a interlocutory judgement in a  inferior court the way to inquire for damage be for the sergeant at mace to  summons a inquest to appear in court and to make enquiry in court for it never  be suffer in air inferior court that the judge of it shall send his precept to  another officer to inquire of damage for that be the particular prerogative of  the court of westminsterhall to send to the sheriff to inquire of damage and  be more than even the court of London have ever attempt to do a three error be  that the original be a attachment per corpus which be only a process in  trespass way et arms and not in case for in trespass on the case the original  process be a attachment per good but not to arrest a man body present modern  er p a four error be that the joinder in demurrer be petit judgment pro  financial loss occasion transgression pillage instead of occasion transgr  super grammatical case Chesshyre contra it be say before to be transgr super  grammatical case and then trans r predict must be super grammatical case as to  the first exception he say the city of Chester be a ancient county long before  Henry the seven time and it have sheriff time out of mind and process direct  to they and abundance of such precedent and the Act of Henry c be only a  confirmation and he say all their precedent be thus that the sergeant at mace  do execute the mesne process and the sheriff process after judgement and that  such a thing may be good by grant and what may be by grant may have be by  prescription and be say that by law the same person may be judge and minister  cro Jones yearbook Henry pl a by the same reason several may discharge the  office of one Mod Noy b the course of a court be the law thereof and need not  be show special in plead but the court above be to be satisfy of it by  precedent and certificate of the judge of the court Wincots case co c and  there be a difference in the manner of take bail in this court and the common  plea and so former of return of to know facias this court do always require  two to know facias and return to they both but one suffice in the court of  common plea modern holt chief justice suppose the first process to the  sergeant at mace be wrong yet appearance and plead will cure it for where a  man have a day on the roll he may appear if be will at that day though there  be no return of the writ and precedent be show as ancient as Elizabeth of this  manner of proceed Powell justice say they can not take judicial knowledge  whether the city of Chester have a sheriff only by Act of parliament in time  of Henry the seven for that statute only say then it be make a county and the  statute of Elizabeth c ordain that the officer of a inferior court shall not  swear a jury to inquire of damage before he but the method be for they to  summon a jury to inquire of damage and to swear they in court before the  steward or judge of the court and precedent be show here of writ ancient  direct to the sheriff of Chester and that there be a court by prescription  hold there call the sheriff court and by Powell Justicean officer call sheriff  may have be without a county and so know time out of mind and a subsequent Act  of parliament make it a county alter not the prescription but be say this can  not be make good but by prescription for the same officer that execute one  process ought to execute all and therefore if upon exception to the sheriff  process be direct to the coroner though the exception be afterward remove it  shall never after go to the sheriff and though there be no precedent of these  proceed but since the time of Henry the seven yet if the current of precedent  have be so ever since we ought rather to run with the tide than to reverse all  the judgement that have be give since for in some case common error compose  law and per totan curian judgement be affirm without regard to the inquest be  take before the sheriff