182 MAXIMS OF THE LAW. 



would differ from their former certificate; whereas in these 

 other cases of error the matter is drawn before a superior 

 court, to reexamine the errors of an inferior court: and 

 therefore the true reason, as was said, that to examine 

 again that which the court had tried were in substance to 

 attaint the court. 



And therefore this is a certain rule in error, that error 

 in law is ever of such matters as were not crossed by the 

 record ; as to allege the death of the tenant at the time 

 of the judgment given, nothing appeareth upon record to 

 the contrary. 



F.N.Br.21. So when the infant levies a fine, it appeareth not upon 

 the record that he is an infant, therefore it is an error in 

 fact, and shall be tried by inspection during nonage. 



But if a writ of error be brought in the King s Bench of 

 a fine levied by an infant, and the court by inspection and 

 examination doth affirm the fine, the infant, though it be 

 during his infancy, shall never bring a writ of error in the 



2R.3. 20. parliament upon this judgment; not but that error lies 

 after error, but because it doth now appear upon the record 



F.N.Br.2i. that he is now of full age, therefore it can be no error in 

 fact. And therefore if a man will assign for error that fact, 



9 Ed. 4. 3. that whereas the judges gave judgment for him, the clerks 

 entered it in the roll against him, this error shall not be 

 allowed; and yet it doth not touch the judges but the 

 clerks : but the reason is, if it be an error, it is an error in 

 fact ; and you shall never allege an error in fact contrary 

 to the record. 



REGULA XVIII. 



Persona conjuncta ceqiiiparatur interesse proprio. 

 THE law hath that respect of nature and conjunction of 

 blood, as in divers cases it compareth and matcheth near 

 ness of blood with consideration of profit and interest ; 

 yea, and in some cases alloweth of it more strongly. 

 7 et 8 Eliz. Therefore if a man covenant, in consideration of blood, 

 to stand seised to the use of his brother, or son, or near 

 kinsman, a use is well raised of this covenant without 

 transmutation of possession ; nevertheless it is true, that 

 consideration of blood is not to ground a personal contract 

 upon ; as if I contract with my son, that in considera 

 tion of blood I will give unto him such a sum of money, 

 this is a nudum pactum\ and no assumpsit lieth upon it; for 

 to subject me to an action, there ncedeth a consideration 



