case anonymous the caption of a fine may he take of one of the party at one  time or place and of another elsewhere and if the dedimus he to take of four  and it he only take of three the other refuse it shall be good for the three  hut cro James Bac Abr cruise on fine a dedimus power be award to take the  conusance of a fine of four person the commissioner return the conusance of  three only it be move to the court what shall he do to make this to be a fine  against those three and two of the cursitors be call into court and oppose  whether the name of the four may not he raze out of the dedimus power and make  the writ of covenant to accord therewith and it be answer that it may he do  very well and that it have croak Elizabeth be so do about thirty year since  and it be show to the court that a dedimus power be award to take the  conusance of a fine from baron and feme and the conusance of the baron only be  return and the feme will do acknowledge it and the now Lord keeper upon this  matter show unto he order that a new dedimus power shall he award to take the  conusance of the baron only and that it shall he of the same date as the first  be and that the return of the commissioner shall he annex thereto Anderson so  it may be do here or otherwise if the fine he levy betwixt the plaintiff and  the three other only it shall be good without question for there be not any  prejudice to the four or the writ of dedimus power may he amend and the writ  of covenant make to accord with it and any of these three way will he well  enough and there be no doubt if a dedimus power he award to take the conusance  of a fine of three person but that the commissioner may take the conusance of  the fine of one of they at one time and of another at another time for it may  he they can come to one place at the same time and when the conusance of one  be duly take it be against reason that the refusal of another shall impeach it  quod some justitiarii to go away croak Elizabeth michaelmas term pound  Elizabeth in the queen bench sir John Popbam Knt chief justice SirFrancis  gawdy Knt Edward Fenner Esq John Clench Esq justice sir Edward coke attorney  general sir Thomas Fleming solicitor general