Bulstrode WHISTLE R plaintiff against lee defendant enter mich James b r rot  Ro r Cr a writ of error to reverse a judgement give in Abingdon court c in a  writ of error to reverse a judgement give in Abington court there hold by  ancient custom in a action upon the case upon a promise upon non assumpsit  plead a verdict and judgement give for the plaintiff and to reverse this  judgement a writ of error be bring and the record certify it be urge by  davenport for the plaintiff in the writ of error that the judgement be  erroneous it be lie that this trial and judgement be at a court hold before  the mayor bailiff and burgess of Abington by custom they have no such court no  such prescription and therefore the plaintiff in the writ of error not to be  conclude by this judgement there so give they ought to have here express more  particular how they hold their court whether by custom or charter this be a  inferior court and this be warrant by Assisar plea for affirmance of the  judgement it be urge not to assign for error that which be against the record  and this appear by Windsor case fol h fol h fol h fol and Elizabeth dyer fol  doctor Bonners case the difference be between inferior and superior court  inferior court be to certify how they do hold plea not to assign for error  that there be no such custom for this shall be the way to draw all such  judgement into question which be not to be allow coke Abington be a ancient  corporation the action there be a action upon the case upon a promise and upon  non assumpsit plead a verdict and a judgem ent be there give for the plaintiff  a writ of error bring and this upon the title of the court that it be too  general express be time out of mind that they have no power to hold this plea  that the have no such custom there it be a very plain and a clear case if a  inferior court hold plea army a letter to stand open or army experience if a  writ of error be bring upon their proceed they be to set this down in their  certificate how they hold plea if they hold plea army a letter to stand open  the same be to be bring and show by a certiorari but otherwise it be if they  hold plea by custom for this be not of record to be show but that they time  out of mind have so do clear they be not to assign this for error that there  be no such customer for the same be not of record for prescription be but  matter in fait and be not to be try but by the country they be not to assign  for error matter which be against a record as appear in MaricT dyer fol in  Varneys case not to assign for error matter which be against the record and  certification of the justice as after a fine there levy by mary and her  husband not to assign for error that mary die after the conusans but before  this be certify or ingross S the of march which be before the testae of the  dedimus power for that this be against the office of the judge which be not to  be assign for error and so be h fol a b allow it here that they have  jurisdiction to hold plea by patent Bulstrode upon view of the patent it be  not so contain therein then they entitle themselves by custom what if the case  be so it will not be much material but prima fancy this writ of error lie here  for another matter not yet move the writ of error here bring be to reverse the  judgement there give this do affirm that they have a court and to allege now  for error that they have no court be contrary to the writ of error it self  curian our men secundum experience assign for error that they have no court no  prescription if they usurp their jurisdiction and so no court but yet no error  and it be in person thou in curian if they have encroach a court yet it be a  court so if no court then no error dodderidge you have here admit this to be a  court and the same to be hold secundum experience and then you do assign for  error that there be no Bulstrode er p such custom whereas in some case they  may gain a jurisdiction by way of encroachment the court be clear of opinion  against the writ of error and the error assign and for the affirmance of the  judgement but for this time without say any more of this curian advisare vult  afterward termin mich James b r this matter be move again and the court clear  of opinion against the writ of error and the error assign and so by the rule  of the court the judgement be then affirm