ment thereupon, a day is given to the said plaintiff, as in

other cases.

The sheriff returneth, that possession was delivered by his predecessor, and a tarde as to the writ of inquiry.

AT

T which day here cometh the said W. by his attorney, aforesaid. And the sheriff, to wit, W. G. esquire, now returns here, that W. B. esquire, late sheriff of the county aforesaid, predecessor to the said now sheriff, as to the said writ to cause the said W. to have possession, &c. did, by virtue of the said writ, to him directed, on the eighth day of March last past, cause the said W. H. to have his possession, of and in the tenements and passage aforesaid, with the appurtenances, yet unexpired; and as to the writ of enquiry of damages, &c. that writ was so late delivered to him, that for the shortness of time he could not execute the same; which said writ was by the said late sheriff, on his going out of his office, delivered to the said now sheriff, together with the return of the same, executed as aforesaid, &c.

No. IX.

Assignment of errors in the King's Bench in a judgment of ejectment in the Common Pleas.

A

FTERWARDS, that is to say, on Wednesday next after five weeks from the Feast day of Easter in this said Term, the said James Chapman Fuller, by Joseph Sherwood, his attorney, appears before our sovereign lord the king at Westminster, and pleads, that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error in this respect; that is to say, that it appears by the record aforesaid, that the said judgment given in the manner aforesaid, was given for the said R. H. against the said I. C. F. whereas by the law of this kingdom of Great Britain the said judgment ought to have been given for the said I. C. F. against the said R. and therefore it is manifestly erroneous in this respect; and the said I. C. F. prays a writ of our sovereign Prayer of aci. lord the king, to summon the said R. to be before our said fa. ad audiensovereign lord the king, to hear the record and proceed- dum errores. Sci.fa.accordings aforesaid; and it is granted to him, &c. By which the sheriff is commanded, that by honest, &c. he make known to the said Robert, that he be before our said sovereign lord the king, on the morrow of the Holy Trinity, wheresoever, &c. to hear the record and proceedings afore

ingly.

Vic. non mis breve.

Joinder in error.

said; and further, &c. The same day is given to the said I. C. F. &c. At which day the said I. C. F. by his attor ney aforesaid, appears before our sovereign lord the king, &c. and the sheriff returned not the writ thereupon. And the said R. at the same day, by Nathan Hickman, his attorney, likewise comes here into this court gratis; whereupon the said I. C. F. pleads, that in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error, alledging the error aforesaid by him before alleged in the manner aforesaid; and prays that the judgment aforesaid, for that and other errors in the record and proceedings aforesaid; may be reversed, annulled, and rendered altogether ineffectual, and that he may be restored to all things which he hath been deprived of, by reason of the judgment aforesaid; and that the said Robert may join to the errors aforesaid; and that the court of our said sovereign lord the king may now here proceed to an examination, as well of the record and proceedings aforesaid, as of the matters above assigned for error as aforesaid. And thereupon the said Robert doth aver, that neither in the record and proceedings aforesaid, nor in giving the judgment aforesaid, is there any error whatsoever. And he likewise prays, that the court of our said sovereign lord the king may now here proceed to an examination, as well of the record and proceedings aforesaid, as also of the matters aforesaid above assigned for error as aforesaid; and that the said judgment may be in all things affirmed, &c.

Entry of an assignment of errors in the Exchequer Chamber, and of the judgment thereon; as also of the remission of the record back again into the court of King's Bench.

AFTERWARDS, that is to say, on Saturday the fif

teenth day of January, in the nineteenth year of the reign of our sovereign lord the king, that now is, the transcript of the record and proceedings, aforesaid, between the said parties, together with all things touching the same, by means of a writ of our sovereign lord the king, for correcting errors in the premises, sued out by the said Francis Gerrard, were transmitted to the justices of the Common Bench of our said sovereign lord the king, and the barons of the Exchequer of our said sovereign lord the king, into the Exchequer Chamber aforesaid (according to the form of the statute made in the parliament of our late sovereign lady Elizabeth late queen of England, at Westminster, on the twenty-third day of November, in the twenty-seventh year of her reign), from the said court of our said sovereign lord the king, before the king himself, And the said Francis, in the same Exchequer Chamber, assigned divers matters in the record and proceedings aforesaid,

aforesaid, for reversing and annulling the said judgment : To which the said Gideon appearing in the same court, pleaded that there is no error whatsoever, either in the record and proceedings aforesaid, or in giving the judg ment aforesaid. And afterwards, that is to say, on Satur day the sixth day of February, in the twenty-first year of the reign of our sovereign lord the king that now is, as well the said Gideon Cook as also the said Francis Gerrard, by their attornies aforesaid, came before the said justices of the Common Bench of our said sovereign lord the king, and the barons of the Exchequer of our said sovereign lord the king, in the said court of the Exchequer Chamber aforesaid. Whereupon all and singular the premises being viewed, diligently examined, and fully understood, by the court of our said sovereign lord the king, in the said Exchequer Chamber; on mature deliberation had thereon, it was adjudged, that the judgment aforesaid is in no wise vicious or defective, and that there is no error in the record or proceedings aforesaid. Therefore it was adjudged, that the said judgment should be in all things affirmed, and remain in its full force and effect, the said cause above assigned for error to the contrary in any wise notwithstanding. And it was then and there further adjudged, that the said Gideon Cook should recover against the said Francis Gerard, pounds, awarded by the court of our said sovereign lord the king, in the court of the Exchequer Chamber as aforesaid, to the said Gideon, with his consent, according to the form of the statute in such case made and provided, for his damages and costs, which he sustained by reason of delaying the execution of the judgment aforesaid, by means of suing out and prosecuting the said writ of error. And thereupon the record aforesaid, and also the proceedings in the premises had thereupon, before the justices and barons aforesaid, were remitted before our said sovereign lord the king, wheresoever, &c. by the justices and barons aforesaid, according to the form of the statute, &c. and they now remain here in the said court of our said sovereign lord the king.

exceptions, on

WILLIAM the third, by the grace of God, &c. To Writ of error Four trusty and well beloved counsellor, sir Richard upon a bill of Pyne, knight, our chief justice, assigned to hold pleas beTfore us in our kingdom of Ireland, greeting: Because in the record and proceedings, and also in giving judgment, of a plaint, which was levied in our court of Common Pleas * in our kingdom of Ireland, before you and your brethren, then our justices of the same court, by our writ, between John Lynch, gentleman, and Richard Cooke, esquire, of a and affirmed,

plea

a verdict, and judgment in the Common Pleas in Ireland, removed into the King's Bench there,

and from

plea of trespass and ejectment, done to the said John by thence remov-him the said Richard; which said record and proceedings,

ed to the

King's Bench in England, and there af firmed; and

moved into the House of

Lords.

Carth. 460.

5 Mod. 421. Salk. 321.

S. C.

with the cause of the intervening error, we have caused to be brought before us in our kingdom of Ireland, and the judgment thereupon is affirmed before us in our kingdom of Ireland, and now remaining before us in our said kingafterwards re-dom of Ireland: manifest error intervened, to the great damage of the said Richard, as we have received information from his complaint: we, willing the error, if any, be Lil. Entr. 271. in a due manner corrected, and full and speedy justice done to the said parties in this particular, command you, that if judgment be thereupon given, and affirmed, then do you certify under your seal, the record and proceedings aforesaid, distinctly and plainly, together with all things relating thereto, and this writ, so that we may have them on the octave of the Purification of the Blessed Virgin Mary, wherever we shall then be in England; that by inspecting the record and proceedings aforesaid, we may cause further to be done therein, what of right ought to be done, for correcting the error therein and do you make known to the said John, that he be there then, to proceed in the plaint aforesaid; and further to do and receive that which our court shall adjudge in the premises. Witness ourself at Westminster, on the eighteenth day of December, in the seventh year of our reign.

Return of the writ of error.

Writ of error to the Chief Justice of K. B. in Ireland, to examine the record and proceedings, there.

Layton. Allowed, Richard Pyne.

THE record and proceedings of the plaint, whereof mention is within made, with all things touching the same, I certify to our sovereign lord the king, wheresoever, &c. at the day and place within contained, in the record to this writ annexed; and I have made known to the within named John Lynch, that he be then there, to proceed in the plaint aforesaid, as I am commanded to do.

The answer of Richard Payne.

Pleas before our sovereign lord the king, at the king's court, of Trinity Term, in the seventh year of the reign of our sovereign lord William the third, king of England, Scotland, Frauce, and Ireland, defender of the faith. Witness sir Richard Pyne, knight,

Savage.

UR sovereign lord the king hath sent to his trusty and well-beloved counsellor, sir Richard Pyne, knight, his writ close in these words, that is to say: "William the third, by the grace of God, &c. To our "trusty and beloved counsellor, Sir Richard Pyne,

knight, greeting: Because in the record and proceed

66

..

"ings, and also in giving judgment, in a plaint, which was before you and your brethren, our justices of the "Common Bench of the kingdom of Ireland, by our writ "between John Lynch, plaintiff, and Richard Cooie, esquire, defendant, in a plea of trespass and ejectment, "manifest error intervened, as it is said, to the great "damage of the said Richard, as we have received infor"mation from his complaint: we, willing the error, if any there is, be in a due manner corrected, and full "and speedy justice done to the parties aforesaid, in this particular, command you, that if judgment hath been thereupon given, then send you under your seal, distinctly and plainly, the record and proceedings aforesaid, together with all things touching the same, and "this writ, so that we may have them before us, on the "octave of the Purification of the Blessed Virgin Mary, "wheresoever we shall then be in Ireland; that inspect

ing the record and proceedings aforesaid, we may cause "further to be done, for correcting the errors therein, "what of right, and according to the customs of our kingdom of Ireland ought to be done. Witness our trusty and well beloved counsellor Henry, lord baron Capel, of Tewkesbury, Sir Cyrill Wych, knight, and "William Duncombe, esq. our justices and general governors of our kingdom of Ireland, at the King's Court, 66 on the first day of February, in the seventh year of our reign."

66

Carr and Carr.

By virtue of this writ, to me directed, I humbly cer- Return of the tify to our sovereign lord the king, the record and pro- writ of error. ceedings of the plaint, whereof mention is within made, together with all things touching the same, as this writ doth direct and require.

Richard Pyne.

Pleas at the king's courts, before sir Richard Pyne, knight, and his brethren, justices of our sovereign lord and lady William and Mary, king and queen of England, Scotland, France, and Ireland, defenders of the faith, of their bench, of the kingdom of Ireland, of Hilary Term, in the fifth year of their reign.

Walker.

RICHARD COOTE, esquire, was attached to answer Declaration in

Pleas in Ire

to John Lynch, gentleman, of a plea wherefore, with ejectment in force and arms, he broke and entered into the castle, the Common manor, and vill, of Gormanstowne; and two hundred land, of a casmessuages, two hundred cottages, two hundred gardens, tle, manor, &c. one hundred orchards, three windmills, three fulling

4