sir Stephen Procter's Proctor's case judge divide in the star Chamber in a  information prefer in the star Chamber by the attorney general against Stephen  proctor berkenhead and other for scandal and conspiracy of the earl of  Northampton and the lord Wooton at the hear of this case be present eight lord  sure the chief baron the two chief justice two bishop one baron the chancellor  of the exchequer and the lord chancellor and the three chief justice and the  temporal baron condemn sir Stephen proctor and fine and imprison he but the  lord chancellor the two bishop and the chancellor of the exchequer acquit he  and the question be if sir Stephen proctor shall be condemn or acquit and it  seem to some of the clerk prima fancy that the better shall be take for the  king and that he shall be condemn but other be of the contrary opinion and  hereupon the matter be refer to the two chief justice call to their assistance  the king learned Council and first they resolve that this question must be  determine by the precedent of the court of star Chamber for that court be  against the rule and order of all other court for in the king bench the common  plea or the exchequer or in the exchequer Chamber where all the justice be  assemble if the justice be equal divide no judgement can be give and so it be  in the court of parliament and therefore this course ought to be warrant by  the custom of the court and as to that two precedent only be produce for the  maintenance of the say custom Viz one in the Hilary term Elizabeth between  GibsonPlaintiff and Griffith and other defendant where the complaint be for a  riot and at the hear of the case there be eight present four give their  judgement that the defendant be guilty but the other four whereof the lord  chancellor be one pronounce the defendant not guilty and no sentence of  condemnation be ever enter because the lord chancellor be one of the four who  acquit they the other be hill Elizabeth in a information by the attorney  general against Katherne and other for forge of a will and a misdemeanour for  procure a fraudulent deed to defeat the queen of her escheat and eight be in  presence at the hear of the Cause whereof four find the defendant guilty of  forgery and do inflict the punishment accord to the statute of the Elizabeth  but the other whereof the lord chancellor be one give sentence that the  defendant be guilty of the misdemeanour and not of the forgery and impose a  fine of l only which decree be enter accord to the lord chancellor voice  although the sentence on the other side be more beneficial for the king and no  other precedent can be find in this case the which I have report this term