Bulstrode John hall plaintiff against thomas king defendant a action of  trespass and ejectment c hob in a action of trespass and ejectment upon not  guilty plead be try at the bar by a jury of Hampshire upon open of the  declaration the ejectment lease appear to be seal maii James the ejectment lie  to be maii James the plaintiff bring his action in easter term follow the  plaintiff fail in prove of the ejectment curian if the plaintiff prove the  ejectment at any time after the lease be make and before the action bring this  be sufficient as the whole court agree notwithstanding the ejectment be here  lie at a time certain which he can prove this be not material if he can prove  the ejectment at any time before the action bring this be sufficient per  curian but because the plaintiff fail to prove this they go no further in  their evidence but the plaintiff become nonsuit note that the court be move  for the bail of one who be take by force of a capias de excommunicate to take  in hand upon the statute of Elizabeth cap and come to the bar by a habeas  corpus William justice he which be take by force of a capias de excommunicate  to take in hand be not bailable upon the statute of Elizabeth cap the statute  of Elizabeth do only dispense with the forfeiture of the and such a person be  not bailable and as to the other matter the same remain as it be before at the  commonlaw and the statute of Elizabeth dispense only with the penalty of  Yelverton justice of a contrary opinion and that in such a case he be bailable  Fleming chief justice this be a case which do deserve very good consideration  and that before he will consider well of it and also of the statute of  Elizabeth before he will deliver his opinion William justice clear he be not  bailable in this case afterward at another time this be move again unto the  court to have he bail Yelverton justice that he be bailable and so it be  resolve in one Keysers case where he be take by a writ de excommunicate to  take in hand bring hither by a habeas corpus and upon cause show he be bail by  the court de die in diem but neither the sheriff nor any justice of the peace  in the county can bail such a Bulstrode er p one but this court here may well  bail one as in the case before de die in diem it be further alledaed here in  this case that in the ecclesiastical court they will not there discharge such  a one be take and imprison by force of such a writ de excommunicate to take in  hand without a great sum of money there give and a bind enter into for the  same otherwise no discharge there Yelverton justice and the whole court the  bishop ought not to take such a bind for the performance of their submission  the rule of the court here in this be that upon t heir submission they shall  be absolve without any such bind enter into Fllernming chief justice they  shall absolve they and if they perform not accord to their promiser and  undertake they may then be take again by the writ de excommunicate to take in  hand but the bishop be to take no bind of they for their absolution to perform  their submission the take of such bind by they be against the law and as to  the bailment all the judge S except William justice do agree that he be  bailable and so by the order and rule of the court he be bail quod notam note  by the whole court as touch appearance of defendant in the same term the court  upon special matter show unto they may order the defendant for to appear and  also to put in his answer in the same term whereas by the general course be  may emparle until the next term but the court may put he by from this upon  good cause show unto they and so be the rule of the court this land in a  special case where the suit be for against executor and for a just debt the  ground of the motion to the court be that this be a action bring against  executor that they in the interim will on purpose confess action unto other  with a intent for to defeat the plaintiff of this his debt and therefore by  way of Bulstrode prevention as they have appear by the rule of though court  they be also to answer the same term in which the plaintiff appear and declare  against they and not suffer in this case for to gain time by a imparlance