case ex part BRUNKER Lord chancellor Talbot a writ of ne exeat royal power  ought not to be grant without a bill first file the master of the roll upon a  petition ex part grant a ne exeat royal power against I S against who the  plaintiff Brunker have recover a verdict at the sit after this last term upon  strong affidavit that the say I S between this and Michaelmas term then next  before which time the plaintiff can have no judgement threaten to go beyond  sea and this writ be grant though no bill have be file upon a precedent  produce of the Lord cowpers in peer William and now on motion to supersede  this writ and discharge the defendant peer William er p who have be take into  custody by virtue thereof it be urge in support of the order at the roll that  the writ of ne exeat royal power be in the register and at commonlaw and  though original a state writ yet now be make use of in aid of the subject to  help they to their just debt and be a writ at commonlaw it stand in no need of  the authority or interposition of this court Lord chancellor in all my  experience I never know this writ of ne exeat royal power grant or take out  without bill in equity first file it be true it be original a state writ but  for some time though not very long it have be make use of in aid of the  subject for the help they to justice but still as custom have allow this  latter use to be make of it it ought to go no further than can be warrant by  usage which always have be to have a bill first file the precedent cite in the  Lord cowpers time be but a single one and pass sub silence neither do it  appear that any use be make of that writ or that the party peer William  defendant be ever take upon it so that this alone be not sufficient to  overturn what have be the constant settle practice and there be the great  reason that this writ shall be take out and grant with caution as it deprive  the subject of their liberty neither ought it to be make use of where the  demand be entire at law for there the plaintiff have bail and he ought not to  have double bail both at law and in equity whereupon the writ be supersede and  the defendant discharge out of custody Reg lib a fol yet see the case of Lloyd  v cardy precedent in Chan where a ne exeat royal power be grant on affidavit  by the master of the roll sir John Trevor in the absence of the Lord keeper  wright though there be no bill in court whereon to ground the writ which  report of the case be warrant by the register book towards the latter end of  the reignof king James the first this writ be think proper to be grant not  only in respect of attempt prejudicial to the king and state in which case the  Lord chancellor grant it on application from any of the principal secretary  without cause show or upon such information as his lordship shall think of  weight but also in the case of interloper in trade great bankrupt in who  estate many subject may be interest in duel and other case that do concern  multitude of the king subject see the Lord Bacon ordinance No so hold by the  Lord king in the case of Pakeman v Cosby where because the plaintiff have  bring his action against the defendant and have bail the writ be discharge  last seal after Hilary term so anon atk ex part Duncombe dick Crosley v  Marriott dick though in a case of account a plaintiff be entitle to the writ  Jones v Samson yes hannay v to invent yes Blaydes v Calvert I W and see do  case ante vol as to this writ general