MAXIMS OF THE LAW. 181 



So if one of the prothonotaries of the Common Pleas 8 H. 4. 3. 

 bring an assize of his office, and allege fees belonging to 

 the same office in certainty, and issue is taken upon these 1 Mar. Dy. 

 fees, this issue shall be tried by the judges by way of ex- J? 9 - 

 animation, and if they determine it for the plaintiff, and he 15-3.^ 

 have judgment to recover arrerages accordingly, the de 

 fendant can bring no writ of error of this judgment, though 

 the fees in truth be other. 



So if a woman bring a writ of dower, and the tenant 8 H. 6.23. 

 plead her husband was alive, this shall be tried by proofs 4 3 E1 x S g 8 2 6 Dy * 

 and not by jury, and upon judgment given on either side 41 ASS&quot;. 5. 

 no error lies. 39 Ass. 9. 



So if nul tiel record be pleaded, which is to be tried by 5 Ed. 4. 3. 

 the inspection of the record, and judgment be thereupon i 9 H H 7 g 2 g 2 

 given, no error lieth. 



So if in the assize the tenant saith, he is Counte de dale, 22 Ass. pi. 24. 

 et nient nosme counte, in the writ, this shall be tried by the 19 Edt 4t 6 * 

 records of the chancery, and upon judgment given no error 

 lieth. 



So if a felon demand his clergy, and read well and dis 

 tinctly, and the court who is judge thereof do put him 

 from his clergy wrongfully, error shall never be brought 

 upon this attainder. 



So if upon judgment given upon confession for default, 9 Ass. 8. 

 and the court do assess damages, the defendant shall never * N - Br - 21 - 

 bring a writ, though the damage be outrageous. 



And it seemeth in the case of maim, and some other 

 cases, that the court may dismiss themselves of discussing 

 the matter by examination, and put it to a jury, and then the 

 party grieved shall have his attaint ; and therefore it seem 

 eth that the court that doth deprive a man of his action, 

 should be subj ect to an action ; but that notwithstanding the 

 law will not have, as was said in the beginning, the judges 

 called in question in the point of their office when they 

 undertake to discuss the issue, and that is the true reason : 

 for to say that the reason of these cases should be, because 

 trial by the court should be peremptory as trial by certifi- 21 Ass. 2&amp;lt;J. 

 cate, (as by the bishop in case of bastardy, or by the mar- n H - 4. 41. 

 shal of the king, &c.) the cases are nothing alike ; for the 

 reason of those cases of certificate is, because if the court 

 should not give credit to the certificate, but should reex- 

 amine it, they have no other mean but to write again to 

 the same lord bishop, or the same lord marshal, which 

 were frivolous, because it is not to be presumed they 



