ayded by the statute of 18 Eliz. cap. 14. But judgement was stayd, for the office of the declaration is to reduce the writ to certainty, for otherwise, upon such a generall issue, if the jury give a false verdict, they cannot be attainted, and damages shall be intended to be given for all, because they are intire, but if they had been severed, the plaintiff shall recover for so much as is well pleaded, and this is matter of substance, and not of form, because it is no default of the clerk, but of the plaintiff, and therefore not aided by the statute.

Walcots Case, 30 Eliz. banco regis, fo. 36.

DEBT was brought against baron and feme, in the detinet tantum, upon an obligation by the feme before marriage; it ought to be in the debet and detinet, because the baron had the goods of the wife in his own right, and for that reason debt is brought against the heir in the debet, and this is matter of substance, and point of the action, not remedied by the statute of 18 Eliz. c. 14.

Baynehams Case, 30 Eliz. in scaccar, fo. 37.

AN ejectione firma of lands in A., B. and C. tryed for the plaintiff by a visne out of A. only, this is insufficient, and not remedied by any statute.

Gardiners Case, 21 Eliz. banco regis, fo. 37.

23 Jurors are returned; 12 appear and find for the plaintiff, this is remedied by 18 Elizabeth, ca. 14.

Bishops Case, 34 Eliz. banco regis, fo. 37.

VARIANCE is between the writ and count in name, the plaintiff recovers, the defendant bringeth error, the writ was removed, into the kings bench, and the judgment was reversed, because the statute remedieth where there is no original, but not where the original is vicious, and although it were removed after pleading, &c. yet because the fault appeared to the court, the judgment was reversed.

Teys Case, 34 Eliz. banco regis, fo. 38.

BARON and feme levy a fine to one who grants and renders to them two, and to the heires of the baron, and after renders part to the feme in tail, the remainder over, the heir of the husband brings a writ of error, and assignes for error the said variance; 1. Resolved, that there needeth not a precise form in render upon a fine, but it shall be in this case construed as a grant by charter, for it is but a grant of record.

2. There are five parts of a fine.

1. The original.

2. The licence to accord, for which the kings silver is due, and ought to be entred upon the writ of covenant, and the summe, and he who payeth it, that is, he in whom the fee reposeth, the plea, and betwixt whom, &c. and the land ought to be mentioned.

3. The concord which is the substance of the fine, for if upon that the kings silver be paid, although the party die, the fine is good.

4. The note, which is many times taken for the concord.

5. And lastly the foot of the fine, after delivery of the indentures of the fine, the fine is said to be ingrossed.

3. The conusor shall not assign error in the render, because it is to his advantage, and none shall assign error, except it be to his disadvantage.

Dormers Case, 35 Eliz. banco regis, fo. 40.

A COMMON recovery is had in a writ of entry, in the post de uno annuali reditu sive pensione quatuor marcarum; and of an advowson, whereupon a writ of error is brought; 1. Because every pracipe ought to be certain, but here it is in the disjunctive; 2. A writ of entry in the post lyeth not of an advowson: but judgment was affirmed, and thereby 'twas resolved, 1. That a common recovery is not like to other recoveries, for it may be averred to an use; 2. It is by mutual consent, & consensus tollit errorem ; 2. A writ of entry in the post lyeth of an advowson common, &c. to suffer a common recovery and not otherwise, for no other assurance can be had to bar the remainders.

2. The demand of the rent is good, for one of two things is not demanded, but one thing by two names, for rent and pension are synonima, and the rather here, because it is said to issue out of land, which a pension properly cannot; 3. Common recoveries are so usual that the court shall take notice that they are common recoveries.

Rowlands Case, 35 & 36 Eliz. banco regis, fo. 42.

A PANNEL of a jury is annexed to the venire facias without return, this is vicious and not remedied by 18 Eliz. cap. 14. for that remedieth insufficient returns, but but not where no return.

The Countesse of Rutlands Case, 34 & 35 Eliz. fo. 42.

ROBERT MOORE is returned upon the venire facias, but in the panel before the justices of nisi prius, and in the postea, he was named Robert Mawre, if it appear that Moore is his right name, and that it is he who is sworn, it is good, for by the common law this was a discontinuance against all the jurors, and discontinuances are aided by the statute, otherwise if it were mis-named in the venire facias, and had his right name in the panel and postea.

Codwells Case, 36 Eliz. banco regis, fo. 43.

A JUROR who gave verdict, was misnamed in the venire facias, and had his right name in the distringas, and postea, and for that the judgment was arested.

Nichols Case, 38 Eliz. banco regis, fo. 43.

C. brings debt upon a single bill against N. who pleaded payment without acquittance, which was found for the plaintiff, although issue was joyned upon a point not material, yet after verdict this is aided by 32 H. 8. and 18 Eliz.

Bohuns Case, 39 Eliz. fo. 44.

A FINE was levyed of a mannor and other lands, to the value of twenty marks per annum, so that the kings silver is 40s. which was paid, but in entring of it upon the writ of covenant, the mannor was omitted, and thereupon error was brought; but after that, the transcript of the fine was removed into the kings bench, the judges of the common place amended the record, because it appears to them that the kings silver was paid for the mannor, and where the writ of covenant was, dede meipso, for teste meipso, they amended that also, and certified it into the kings bench upon diminution, and allowed.

Freemans Case, fo. 45. 41 Eliz. banco regis.

IN an original writ, &c. quod nullus faciat vastum venditionem & districtionem, where it should be destructionem, the fault was onely in one letter, the court resolved, upon good consideration, that it was matter of substance: for districtio is a Latin word, and altereth the sence of the statute; and matter of substance in an original writ is not remedied, but matter of form only, vide statute 32 H. 8. ca'. 30. & 18 Eliz. ca. 14.

If an original at this day want form, or contain false

Latine, or vary from the register in matter of form, after verdict no judgment shall be stayed or reversed. But if it want substance; although it be the misprision of the clerk, this is not remedied by any statute.

Gages Case, 44 Eliz. banco regis, fo. 46.

A WRIT of covenant to levy a fine, bore date after the return, this is amendable because a common assurance, but in other actions no amendment, &c.

Cooks Case, 41 Eliz. com. banco, fo. 46.

A COMMON recovery of the mannor of Iffield, by the name of Isfield, is amendable, because it appeared to the court, by collateral things shewed unto them, that Isfield was intended to passe.

CASES OF PARDONS.

Francklins Case, 36 Eliz. fo. 47. in the star-chamber.

A BILL was exhibited for a riot in the star-chamber five years before the general pardon, 35 Eliz. and it was resolved that the kings fine was accepted, but not the corporal punishment, but if it were exhibited within four years, all shall be accepted. In this case, the kings atturney may proceed for the fine.

Guilbert Littletons Case, 39 Eliz. fo. 47. star-chamber.

A BILL exhibited in the star-chamber before the parliament, 35 Eliz. and returned after, this is excepted out of the general pardon, for it is depending before the return, but if an original writ issueth out of the chancery returnable in the common place, this is not depending before the return, because out of another court, but after the return, it shall be said depending by relation from the day of the teste, and if the tenant alien before the return and after the teste, this shall be said an alienation pending the writ.