bartholomew plaintiff against Belfield defendant enter Trin James b r part rot  I Ro r Cr Ro Abr a writ of error to reverse a judgement give in a formedon in  descend in a writ of error to reverse a judgement give Elizabeth in a formedon  in the descender upon a recovery by default upon this a writ of error bring by  the heir of he against who the recovery be have against who the defendant pl  dead the fine Ievyed with proclamation by his father and five year pass upon  this plea the plaintiff demurrer in law the matter of the demurrer touch the  manner of the plead of this plea in bar whether the conusee to plead this or  not davenport the point in law assign for error be that in the declaration the  tenant do appear per doiley attornatum suum omit of his Christian name and so  there be no warrant of attorney e plea the last case the difference between  the bring of a attaint and a writ of error a attaint lie against he which  recover and against the ten rre tenant but a writ of error lie only against he  which recover and then a to know facias shall be grant versus to hold Assisar  it is pleasing a attaint bring upon a verdict in a writ of entry sur seize and  because the party against who the same be bring be not tenant the day of the  attaint nor at any time after the writ be abate per agard and by e fol b  Danbeys case in a writ of error by Ingleby justice a writ of error be always  maintainable against he which be party to the judgement or his heir although  that he have nothing in the land so that the suit be only maintain against he  by reason of the privity of blood and the party to try the error Bulstrode but  not the tenancy coke as to this the law be so clear it be then urge that by  Elizabeth dyer f ol the want of a warrant of attorney be a good error but here  he be not the party that can plead it coke pars fol a in the marquis of  Winchesters case it be there agree that in no case he in the reversion or  remainder which be not make party to the first record by voucher shall have a  writ of error by the commonlaw until after the particular estate determine for  then they be to have the land but if make party to the record by aid prior  resceit or voucher then they shall have a writ of error present during the  life of tenant for life because they be make party to the record but now by  the statute of r c they shall have a writ of error as well in the life time of  the tenant as after their death and so by this it appear that the party to the  record be enable to plead in bar coke this be a case of very great consequence  there be a case which be Ninean Menvils case who be attaint of high treason by  this his wife to have no dower till by the statute of e cap and so be bar a  fine be afterward levy of this land with proclamation and the five year pass  afterward the heir bring a writ of error and reverse the judgement of the  attainder the wife by this shall be restore to her writ of dower as it be  resolve for she have no mean of reversal but resolve that she shall have her  right accrue unto her by the reversal of the attainder and accord she have  this but if any one have land so hang upon a recovery and afterward a fine of  this land be levy and five year pass this shall now clear be a perpetual bar  and he shall have no writ of error upon this recovery though it be erroneous  for to reverse the same the second matter in this case be who be to plead this  as to this the heir be to plead this quoad wandering the heir be party to the  record the heir shall plead a release in action real and personal he shall  plead any thing in bar of the writ of error he shall plead in nullo be erratum  without call of the tenant unto he he be the sole party and principal concern  a fine to be levy to the vouchee tenant in Bulstrode er p privity and then he  may plead any thing which go in bar of this which make he privy here the heir  may well plead notwithstanding be have nothing in the tenancy for here in  regard that the law have make he tenant unto the writ of error he may plead a  release of action and why then shall he not be suffer here to plead the be  made e attaint go to the terre tenant and a writ of error to he that be privy  here he may well plead any thing which go in bar of the writ of error and so  here be plead the fine levy and the year pass and without the terre tenant  this be good as to the other matter allege S post judgment superinde seisinam  babit this superinde ought to be intend to be after the judgement also the  statute of Elizabeth cap of demurrer will much aid this case I do not command  this manner of plead for it have be more orderly and formal plead to have  plead that after the judgement to go into to be seisitus and levy the fine  here the heir be the proper person to plead to the error he be the only party  to the error and therefore be may well plead any thing which go to the  destruction of the writ of error thus bring Haughton the judgement here ought  to be give against the plaintiff in the writ of error the statute of h cap the  word of this statute do much satisfy I a fine with proclamation to be a final  end and to conclude but it be not say where but necessary it be to be the  right and to the land and the action also this be necessary to be so in the  statute there be afterward a save for the right therefore a action be within  the body of the law here he have right of action by the writ of error and this  law have now make this fine a perfect conclusion of the action the law also  make he the right party against who the writ of error be to be bring and  therefore by this fine plead agait nst he he thither be bind by the law the  writ of error be to be bring against the heir and he by plea to conclude the  plaintiff in the writ of error notwithstanding that he be not tenant of the  land as well as if be have Bulstrode the release of the party he may well  plead this in bar against he dodderidge agree herein the sole matter  considerable here be who be to plead this fine here in bar to this writ of  error as to this if the defendant here be privy to the error whether he shall  plead this which go in bar of the writ of error he may well plead this and  that for these reason where diverse defendant be for several cause each of  they may plead by himself in bar that matter which belong unto he here be who  plead this be the sole party to the action be which be terre tenant shall  plead that be levy a fine to another to the use of he and his heir it be a  rule to be observe that every man who be party to a action may very well plead  any thing which go in bar of the say action and this be plain the terre tenant  be not party to the writ of error but he be afterward to be call in by a to  know facias if it be a error in fait or in law he be to make answer unto it it  be most proper for he and it lie proper in the mouth of he who be party to  that writ to plead this matter which go in bar of the same by this writ of  error he be to recover the land if no fine have be levy thereof and therefore  this be to be plead and there be no party which can more proper plead this  than the defendant here he be privy to the I judgement and a party to the same  and none can more proper plead this and there be no evasion from this croak  agree herein first a fine be a bar and bind the right it bind the right of  action constat here de re constat de mask who be to plead this the defendant  here may well plead this clear this be a fine and a fine be the high assurance  that can be and therefore much favour be to be give unto it the same be a  conveyance make for the settle and quiet of man possession coke if he may  plead here a release of action real in the same manner and for the same reason  he may as well plead this fine levy as before and the same a good bar to this  writ of error and so the rule of the whole court be quod to express grief nil  to take in hand per breve his de wandering Bulstrode er p