case Hambleton against justice Scroggs and other a sergeant at law may be sue  by original in any of the court in westminsterhall for his right to practice  be not confine to the common plea and his privilege only relate to inferior  court S C lev S keb a assault and battery be bring against the defendant in  the king bench to which one of they plead that he be a sergeant all law and so  ought to have his privilege to be sue by bill in the common plea and in no  other court to this plea the plaintiff demurrer and judgement be give in my  Lord chief justice hale time by the opinion of he and the whole court of king  bench first that a sergeant at law may be sue there and be not suable in the  court of common plea only second that in this action the defendant shall not  have his privilege because it be bring against he and another and afterward a  writ of error be bring upon this judgement returnable before the Lord  chancellor and chief justice modern of the king bench and common plea and the  error be argue before the two chief justice at sergeant inn in chancery lane  Mr holt for the plaintiff in the writ of error that a sergeant all law be to  be sue only in the court of common plea and not elsewhere because there be a  absolute necessity of his attendance there he be swear and no other person can  plead at that bar and therefore if he shall be sue in any other court it will  be a impediment to the business of that court where not only the officer but  their servant have privilege in the eleven year of Edward the four a yearbook  two Edward pl a there be some discourse about the privilege of sergeant at law  when it be hold that he be not to be sue in that court by bill but by original  but either way he be to have his privilege so the servant of a officer be not  to be sue by bill but he be still to have the privilege of the court and so  have sergeant Hedleys clerk in the reign of king Charles the first b cro car b  the sergeant receive a kind of induction to the bar and have a place assign  they and that they ought to have privilege the very word of the writ be  observable videlicet mention a sergeant at law ex duty lean forward in curian  ill and though it have be say and give as a answer to that case in cro car  that where the sergeant clerk be arrest in a inferior court as in that case he  be there he shall have privilege but not against the other great court in  Westminster modern er p hall this be a difference never yet take notice of in  any book nor do the writ warrant this distinction second he shall have his  privilege though he be join with another because the action be joint and  several and the one may be find guilty and the other acquit and it will be a  easy way to oust a man of his privilege if it may be do by join he with  another who have none Henry pl but the person with who the sergeant be join  may be sue in the common plea likewise so that he shall not hinder he from  have privilege who of right ought to have it Edward pl Offley contra as to the  first point the court of king bench agree that a sergeant all law shall always  have the privilege of the court of common plea against all inferior court but  not against the other court in westminsterhall for he may be sue in any of  they modern a sergeant be not like the common officer of the court for they be  to be attendant there and nowhere else but a sergeant at law be not confine to  that court alone he may be assign of counsel in any other court and do usual  put his hand to plead both in the king bench and the exchequer but a filazer c  barn c or attorney d fort salk d of that court can practice in his own name in  any other all case of privilege ought to be take strict and that which be cite  concern the privilege of a sergeant clerk be not like this because the arrest  be in a inferior court in the two Edward pl b the chief justice of the king  bench come to the common plea bar and tell a sergeant who he have assign for a  pauper that if he will not come into that court and plead for his client he  will forejudge he so that if he can be fetch out of the common plea and carry  to the king bench he be not confine to that court alone in the Henry nu  complaint be make that the subject of the king be not well serve in his court  the parliament thereupon order that one Martin and other shall take upon they  the dignity of sergeant all law so that it appear that their business lie in  other court as well as in that of the common plea as to the second point here  be a joint action for any thing that appear to the contrary and the plaintiff  may proceed against one in the king bench and therefore the other shall be  oust of his privilege if he have any in the common plea more Heil pl north  chief justice say that he always take it to be a uncontroverted point that a  sergeant at law shall be sue only in the court of common plea by bill he be  bind by oath to be there and when he bring a writ of privilege it be always  out of that court and no other curian advisare vult