Barnardiston king b Scythian plant when a offence be commit in Ireland and the  person who commit it come over into England what method may be take to convey  he into Ireland in order that he may be punish there for it one Kimberley have  be commit by sir William billers a justice of peace for marry a heiress in  Ireland against her consent which offence be make felony without benefit of  clergy by a statute make in Ireland the that of the late queen and the  commitment order the keeper of the poultry compter to detain he till there  shall be proper mean find out to convey he to Ireland to be try Mr Fazackerly  and Mr strange move now that he may be discharge they say they do not see that  it can ever be justifiable at commonlaw to send person out of the kingdom for  offence suppose to be commit in other part of the king dominion for by the  same reason as it may have be do for a capital offence it may have be do for  any other misdemeanour and they say it will have be a thing of a most  extraordinary nature that a man may have be carry by force out of this kingdom  to answer for a battery abroad they say they do not know any process there be  by law to convey a man over and if that be so it will be a very difficult  thing to show the legality of it Mr reeves on the other side say that perhaps  it may require sometime to consider the proper mean by which the party may be  send over in the present case he say one of the secretary of state have be  apply to to grant his warrant to a messenger for that purpose and he have  order that the attorney general shall be attend by counsel to see what can be  do but he observe that it be a constant practice before the habeas corpus Act  to do it that Act by no mean declare it to have be illegal which be a argument  that it be not so or else the legislature will have do it it be probable when  they order it shall be practice no long for the future in common misdemeanour  and in offence of a capital nature there be a express provision in the statute  which allow it to be continue the court say the practice be certain legal in  colonel Lundys case vent all the judge be express of this opinion except three  who be not present and sergeant Corbet mention a strong case than this in keb  where a man be send even to Portugal for a murder charge to have be by he  commit there however the court say it may be proper to be consider what may be  the method of send the prisoner over but they observe one thing in favour of  he that they will never suffer he to lie long in custody here after a  convenient time for find out the mean for send he over however they say they  think at present the justice of peace have do but his duty in make the  commitment in the manner that he do they say he be proper a conservator of the  peace and it be no objection to say that the offence be commit abroad and  therefore out of his jurisdiction for they say if a man be charge with a  felony suppose to have be commit in Yorkshire the justice of peace in London  Barnardiston king b may certain commit he to the county gaol which he have  authority over and from thence the party must be send to the prison of the  proper county to receive his trial and they say the defect of jurisdiction  over the offence itself be equal the same in both case so for these reason the  court think proper to remand the prisoner but Mr strange then say that he  believe they shall have occasion in a few day to lie before the court some  affidavit upon the circumstance of the case to induce the court to bail he and  therefore he pray that the prisoner may be bring up again by rule without the  charge of a habeas corpus but the court say that at present there have be no  fruit of their habeas corpus and therefore as yet it be not regular to move  that the prisoner may be bring up by rule skin afterward he be send over by  order from one of the secretary of state