An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.

Sect. 437.

Si t••el que est en prison soit utlage en action de debt ou trespass, ou en apucal de Robbery, il reveria tiel utlage, per b••eve de error.

Outlawries may be reversed, either by plea, or by writ of error. By plea when the defendant commeth in upon the Caput utlagati. &c. he may by plea reverse the same for matters apparent, as in respect of a supersedeas omission of processe, varience, or other matter apparent in the Record, and yet in these cases some hold, that in another term the defendant is driven to his writ of error. 2 E 4. 1, 4 E 4. 10. a 1 E 4. 73, 11 H 7. 5, 21 H 6. 50, 9 H 4••, ••3. El. Dy. 192. 2 El. 176. 37. H 6. 19.

But for any matters in fact, as death, imprisonment, service of the King, &c. he is driven to his writ of error, unlesse it be in case of felony, and there in favorem vitae, he may plead it, But albeit imprisonment be a good cause to reverse an

outlawry, yet it must be by processe of Law in invitum, and not by consent or covin; for such imprisonment shall not a∣void the outlawry, because upon the matter it is his own act. 8. H 4. 7, 21 H 7. 13, 39 H 6. 1, H 7. 1. 1 E 4. 2, 27 H 8. 2, 38. Ass. p. 17. V S. 439.