case captain STRUDWICKES case sir Joseph Jekyll master of the roll mos one  that have be a prisoner in Newgate for debt but since remove to the fleet be  excommunicate the court of chancery will not direct the cursitor to make out a  writ of excomm cap to the warden of the fleet but the writ may be direct to  the sheriff who may return a non be invention and on this return b r may grant  a habeas corpus and thereon charge he with a excomm cap the defendant captain  Strudwicke have be commit to Newgate as the county gaol for debt and have be  sue in the spiritual court at the promotion of his wife causan adultery et  sviti in which court there be a sentence of divorce a month et thoro and a  condemnation in cost for non payment whereof he be excommunicate and have  since procure himself to remove by habeas corpus into the fleet prison the  prosecutor in the spiritual court apply to the cursitor to make out a writ of  excommunicate to take in hand direct to thewarden of peer William the fleet to  charge the defendant Strudwicke therewith but the cursitor apprehend that it  be the constant course to make out this writ of excommunicate to take in hand  to the sheriff and to no other person refuse to make out the same direct to  the warden of the fleet wherefore as the direct the writ to the sheriff will  be to no purpose forasmuch as he can not go into the fleet prison to execute  it so that here will be a failure of justice unless the writ may bedirected to  the warden of the fleet for this reason application be now make to the court  of chancery for a order to the cursitor to make out the writ as desire insist  that defendant while he remain a prisoner in Newgate the county gaol may have  be there charge by the sheriff whereas the fleet he have now endeavour to the  rather to be do because have be his own artifice remove himself to justice of  the court that the statute of the that of Elizabeth cap whereby the writ of  excommunicate to take in hand that be before returnable in chancery be make  returnable in the king bench mention throughout the several part of it the  sheriff or other officer to who such writ shall be direct or to who the  execution thereof shall appertain which word imply that the writ may be direct  to other officer as well as the sheriff and it be plain that in some case it  can be direct t the sheriff as where the sheriff be the person excommunicate  on which occasion it must be direct to the coroner and by the same reason in  the present case the writ may it be say be direct to the warden of the fleet  both to prevent a failure of justice and that the party shall not take  advantage of his own artifice in remove himself from Newgate to the fleet peer  William the master of the roll before who this matter be move ask whether  there be any precedent of a writ of excommunicate to take in hand be direct to  the warden of the fleet to which it be answer that none can be find but that  the court of chancery have often direct their attachment to the warden of the  fleet to take the prisoner in the fleet prison anon Moseley peer William er p  upon which his honour have take time to consider of it on the day of motion  next after the term declare his opinion that the court of chancery can not  order the cursitor to direct this writ to the warden of the fleet the same be  a viscount writ and though the word of the statute of Elizabeth in several  part thereof mention the sheriff or other officer this may be mean of bailiff  of liberty or the coroner who in all case be the proper officer to execute  process where the sheriff be a party or otherwise incapacitate that in the  county palatine of Durham the writ be direct to the chancellor of Durham order  he to command the sheriff that in this case there need be no failure of  justice because the writ may be direct to the sheriff on who return a non be  invention into the king bench that court may grant a habeas corpus to bring up  the prisoner and there charge he with a excommunicate to take in hand but that  the court of chancery grant attachment to the warden of the fleet be not a  parallel case because those attachment be not returnable in the king bench but  in chancery whereas all writ of excommunicate to take in hand must be  returnable in the king bench wherefore there be no precedent of such writ be  ever direct to the warden of the fleet nor any likelihood of a failure of  justice for want of it his honour refuse to order the cursitor to make out  this writ direct to the warden of the fleet