* * * * *
_By the Bye_ (Vol. ii., p. 424.; Vol. iii., p. 109.).--In further
illustration of this phrase, I would advert to the practice of declaring
by the bye, which prevailed in the superior courts of common law, before
the Uniformity of Process Act (2 Will. IV., c. 39.). The following
extract from Burton's _Exchequer Practice_, 1791, vol. i. p. 149., will
sufficiently explain this happily obsolete matter:--
"By the old rules it is ordered, 'That upon every defendant's
appearance, the plaintiff may put in as many declarations as he will
against every such defendant, provided they all be put in at one and
the same time.' If there be more than one declaration delivered at the
same time against the same defendant, every additional declaration so
delivered is called delivering the declaration by the bye."
In the King's Bench, in certain cases, any other plaintiff could declare
by the bye against the defendant, and that even before the original
plaintiffs had declared. See Crompton's _Practice Common-placed_, 2nd
ed., 1783, vol. i. p. 100.
_The Doctor_ (in chap. cx.) says--
"By the bye, which is the same thing, in common parlance, as by the
way, though critically there may seem to be a difference; for by the
bye might seem to denote a collateral remark, and by the way a direct
one."
By the bye, what a pity it is there is no Index to _The Doctor_.
C. H. COOPER.
Cambridge, March 24, 1851.
* * * * *
_Bigod de Loges_ (Vol. iii., p. 306.).--There is an error, perhaps a
clerical one, in M. J. T.'s statement, that "Bigod, whose name was
attached to the charter of foundation of St. Werburgh's Abbey, is
elsewhere, according to Ormerod, called Robert."
The remark is by Leycester, not Ormerod, and the purport is exactly the
converse. To the words "Signum Roberti de Loges" is added, "alii Bigot
de Loges hic legunt." Vide _Monasticon_, pars I., pp. 200. 202.
This passage will be found in Leycester's _Antiquities_, p. 111.,
reprinted in _Hist. Chesh._, vol. i. p. 13. But Leycester's
_Prolegomena_ is the heading, and the initials "P. L." are appended to
the note.