case FAREWETHERS case a indictment on a issue join in the king bench may be  try in the county where the offence be commit by writ of nisi prius and the  attorney general may by the king letter have the writ without leave of the  court Savil   Inst raym Bl Com Mod hawk p c Com dig a certiorari be award to  the justice of assize of the county of Suffolk to remove a indictment of  common barratry against one Farewether a justice of peace of the say county  and the indictment be remove and the defendant traverse it and rule give for  trial thereof at the bar and that the defendant shall bear the charge of the  witness because the record be remove at the defendant suit Noy the king  attorney move that it shall be try in the county by nisi prius because  otherwise diverse witness will not appear to prosecute by reason of the charge  and trouble and that the king have his election in what court and in what  manner he will try his suit but the court conceive because it concern a  justice of the peace who peradventure may have incur the displeasure of many  by reason of his diligent execute his office and for that it be a cause which  will require great examination and be not fit by reason of the shortness of  time to be try at the assize by nisi croak car prius therefore they deny his  motion and hold it convenient it shall croak car er p be try in banc and  diverse precedent be cite of one Awsten and of one Whistler and other where in  such case trial be in banc but the king attorney say those be by consent which  be deny and Keeling clerk of the crown say that diverse precedent have be of  such trial upon indictment in banc without any consent of the party and  against the will of the prosecutor and in more remote county and the court say  by the statute of nisi prius it be appoint that trial shall be in banc where  the cause great indigent examination as this case do but if the king will  signify his pleasure that they shall be try by nisi prius it be fit he shall  be obey yet not upon suggestion of the party only afterward the king by his  letter signify his pleasure that it shall be try by nisi prius