case the queen against tracy see SC sub nom Muriel v Tracy Mod if a indictment  for a conspiracy against several charge the act of some of the defendant in  the parish of saint Giles in Middlesex and of the other in the parish of saint  Margaret in the same county and a venue be award to saint Giles only it will  be a mistrial for the Jur ought to come from both the parish S C ante SC salk  SC holt Tracy be again indict for that be together with tailor and Jeoffreys  with intent to oppress muriell falsely badly c do at the parish of saint Giles  in the county of Middlesex get muriell arrest by pretext of a certain warrant  from the recorder of London recite the substance thereof as before and that  after he be arrest they bring he before chamberlain justice of the peace in  the parish of saint Margaret modern er p in the say county and that Tracy do  there with far intent to oppress he false malicious c persuade the say  chamberlain to refuse bail for he though sufficient bail be then tender to he  and procure he to refuse the say bail and to commit he to jail and aver the  refusal of bail and commitment and likewise that Tracy do persuade and procure  tailor and Jeoffreys to lie he in iron and use he severe and that they do  threaten to iron he and by that mean extort five pound from he he modern have  enter into a recognizance to try this indictment the venire be make from the  parish of saint Giles only and after verdict and conviction it be hold a  mistrial for here be several fact arise in several parish the venue ought to  come from both a and so judgement can not be give upon the indictment but the  court hold that he have forfeit his recognizance for he have not try the  indictment for it must be a trial with effect on which the court may proceed  to judgement for if we do not estreat the recognizance every defendant will  wilful make fault so that they shall always go unpunished and we may award a  to know facias upon the recognizance here in this court and determine it  ourselves or have it estreated into the exchequer and a new venire facias be  direct and the defendant force to give a new recognizance or he must have go  to jail note here it be say that it be a fact in Middlesex the venue may be  make returnable de die in diem and it be quash they may date the fly venue on  the day of return of the first Tracy be again convict upon a new venue it be  now move in arrest of judgement by Eyre that here be no offence in the  indictment first the take a man up by virtue of a lawful warrant be lawful and  can be malicious or with ill intent and quote king v Elliot cro car hawk p c  ch S a second as to the other part videlicet persuade chamberlain to refuse  bail be only his opinion which though false yet it be not punishable and three  as to the extortion in jail it do not appear to have be by his direction but  per curian if a man get another wrongful put in jail and there the keeper  extort money from he he that wrongful put he in be guilty of the oppression of  take the money if a man false imprison I S and the jailor detain he until be  pay so much money be shall have his action of false imprisonment and take so  much money from he against such person so here though the warrant be legal yet  if one with intent to oppress a man get he take up by this warrant and follow  he to a justice of peace to hinder his be bail it be illegal for it be illegal  to use a lawful mean for oppression it be a offence in a justice of peace to  refuse bail in case of a common misdemeanour hale sum Com dig bail f b and it  suffice to say in the indictment that sufficient bail be tender without say  that the party know they to be sufficient and here it be say that Tracy  persuade chamberlain to commit he and that be do commit without say that it be  super ind yet it be hold well