Carthew lisle S case salk skin comb SC I Danv pl pl Kely Trem proceed in a  appeal for murder lieutenant Lisle be indict at the summer assize at Carlisle  for the murder of one Armstrong and find guilty of manslaughter and acquit of  the murder and immediate after the verdict the brother and next heir of the  decease exhibit his bill of appeal instanter against the say Lisle before the  justice of gaoldelivery there and he be arraign upon the appeal forthwith and  be put to answer be refuse to plead and nothing more be do upon the verdict or  appeal at that assize but Lisle continue in custody at Carlisle until  Micbaelmasterm Carthew er p and then the court of b r be move for a certiorari  and for a habeas corpus the one to remove the indictment and the other to  remove the person hither which be grant though oppose by the appellant and  about the late end of this term the writ be return and Lisle be bring to the  bar in custody and the record of the indictment conviction and also of the  appeal be likewise bring into court and the return file and Lisle be commit to  the marshal then it be debate concern the matter of the appeal videlicet  whether it be necessary that the appellant shall appear at that time in court  and pray to have the prisoner arraign de to make new upon the appeal and if so  then whether it be necessary for he to appear in not common with others  personal or whether he may do it per attornatum et per curian in case where a  appeal be commence below and afterward remove as in this case this necessary  that the prisoner shall be arraign de to make new upon the same bill of appeal  and not to exhibit a new bill against he here in custodian mark c and that the  appellant be not demandable at this time because by the certiorari he have no  day in court and therefore in such case the only course be for the prisoner to  sue out a writ of to know facias against the appellant recite the whole matter  and so to warn he to appear at a day certain to prosecute his appeal in this  court and then if the appellant shall make default Carthew on that day the  court upon demand may nonsuit he but not otherwise say per curian the  appellant may come in gratis if he will and prosecute his appeal without a  cognizant fa afterward hill Willi the prisoner be bring again to the bar it be  move that he may be bail because he have lie more than a year in custody and  the appellant refuse to come in gratis to prosecute his appeal but this be  oppose by the appellant and a warrant of attorney be produce from he and it be  move that it may be file and then the appellant will proceed per attornatus  but the court at that time will not give leave to file this warrant for they  be not satisfy whether the appellant can make his attorney or not before he  have once appear here in not common with others mask for afterward it be clear  he may make his attorney for the defendant can not wage battle in this appeal  because he be convict of homicide and this depend upon the construction of the  statute h then it be move in behalf of the appellant that Lisle before he  wasbailed on the conviction may give bail on the civil side to answer the  appellant say per curian he shall be bail on the Crownside to appear de die in  diem and that can be no inconveniency to the appellant for he may proceed  against he upon the appeal at any time and he be bail accord afterward die  fever Lisle appear at the bar again and then the solicitor general by the  procurement of Lisle move the court in behalf of the king that Lisle may be  demand what he have to sa why judgement shall not be award against he upon the  verdict above and have procure the ordinary to attend with his book to be  ready upon his pray the clergy but this be oppose by the appellant S counsel  for if clergy shall be allow he the appeal will be at a end because autrefoits  convict of homicide and clergy have be a good bar to a appeal and at another  day he be demand by the court ut above and he pray the benefit of clergy and  bad it legit ut clergyman cauteriza