Brownlow plaintiff against cox and michil defendant Ro r more as to this case  of the assize at this time for stay of the suit sir Francis Bacon the king  attorneygeneral do present the court with a writ de non prosequend ring not  consulted Bulstrode er p coke chief justice these writ be usual and frequent  in the old book of law as in the first and second part of king e at this time  the attorneygeneral and the king solicitor come to the judge and the attorney  say unto the chief justice and to the rest of the judge that the king do greet  they well and as to this assize jure royal be a thing which concern the king  and his prerogative that they be not further to proceed in this and so he  deliver to they to this purpose this writ de non beyond prosequend ring not  consulted the which writ they receive and by their command it be read  afterward Brownloes counsel move the court to have a copy of the writ and time  to speak unto it this be a new precedent and this be grant by the court coke  such writ be not new but have be very usual and frequent in our old book as  before Bulstrode afterward at another time Harris and Hutton sergeant at law  do move the court as touch this writ of prerogative de non prosequend ring not  consulted and move the court for the plaintive to have proceed in this assize  this writ notwithstanding it be a good rule in law where the matter in  question do touch the king either in interest or in property if such a cause  be show then the cause be to stay until what time c the writ here contain two  patent the first be January James comprehend this matter S first that the king  out of his royal power by virtue of his prerogative regal have erect all  office for the writ of supersedeas because improvident c and in the c b this  be novella after the order of officer to be enrol and that sir John Michill  shall have the execution of this for his life and the fee appoint for the  execution of this c then sir Francis Bacon the attorneygeneral do pray the  sergeant for to spare his speech say that he do not thus interrupt he without  cause but he will show good cause wherefore he ought not to be hear this be a  very great case and do great concern the king in point of prerogative and that  he be better to lose his castle of Windsor then to lose this his privilege of  inhibit proceed by this writ de non prosequend ring not consulted and the aid  prayer of he I shall first observe the nature of this writ and other writ of  this nature be conditional S if the judgement be not c but this writ be not so  another writ there be of this nature and mingle this with a circumspectee to  put in motion this refer to the consideration of the court but this writ here  be none of they for this writ be not si thou to agree to be able but this be a  absolute writ inhibit they from proceed beyond ring not consulted and so this  writ be a novelty as it have be say but we will not bring in any novelty these  we will not maintain in this case you ought not to be hear against the king  but we de expect the direction of the court herein heretofore in Arden and  Darcyes case the like motion be offer to be make against such a writ of the  king as this be and it be one Harris then also who offer to make this motion  so that I think this be incident to this name but the court do then refuse it  as here I hope they now will do coke chief justice we which be judge ought to  hear the counsel of the party and this we be to do without any colour of  question the reason of this be because that his suit by this be to be stay and  this be in a legal course his counsel for he ought to be legal hear in  Elizabeth the Lord Glofields case the party be ken against arundel where the  like writ canle de owner queen rash non to follow and there the sergeant do  argue that this writ do not lie but there be no dispute at all whether they  may argue this or not this be to be so without any question for this be a  legal course and this writ also be ancient and legal coke curian we have read  and weigh all the book in this as r fol John Hunstones case e fol e fol h fol  dodderidge justice these thing happen in our book and this matter have be  diverse time debate before coke ill oath be for to serve the king and his  people here these be not to pray in aid No writ of this be ever as yet bring  but this be then dispute as touch the validity of the same writ the court all  agree herein clear and so by the rule of the court this case Bulstrode er p be  adjourn to another time and then to hear counsel on both side to argue the  same for and against this writ and the allowance or disallowance of the same  Bulstrode afterward S termin Trinit James b r this case be large and learned  argue by Harris sergeant Hutton sergeant Richardson sergeant who argue strong  against the writ and the allowance thereof and by Chibburn sergeant and by  Yelverton the king solicitor for the writ and the allowance thereof and a far  time give to sir Francis Bacon the king attorney general to argue for the  maintenance and allowance of the same before which time the attorney general  be ready to argue the matter be compose between the party and so end without  any further argument or opinion of the judge herein only so far after the end  of sergeant Chibburnes argument who then pray to have allowance of the writ by  the court as to this coke chief justice after the allowance of this writ we  can then proceed again without have a procedendo ad speech c a procedend ad  judgment and without these writ we can proceed and this be the law as touch  this writ and the allowance of it dodderidge justice agree herein that after  allowance of this writ we ought to have two writ of procedendoes before we can  proceed notam that after the end of Yelvertons argument who conclude pray  allowance of the writ sir Francis Bacon then say that this writ be as a  watchman to the king and as a centinel to give warning this case be end as  before without any judgement give therein by the court one way or other but  large and confident argument on both side