Bulstrode barn plaintiff against carry and barker defendant enter mich James b  r rot a action upon the case for a escape Ro more stat of Elizabeth c of  bankrupt if a action upon the case for a escape the case appear to be this one  visor be indebt to the plaintiff and to diverse other and become a bankrupt  the plaintiff and the other to who he be indebt complain to the Lord  Chancellorr and procure from he a commission upon the statute of Elizabeth  capite touch bankrupt upon a trial in this case it pass for the plaintiff  Coventry move the court in arrest of judgement that the declaration here be  insufficient and that for diverse reason the commission here be mispleaded and  therefore by this commission the commissioner have no warrant to meddle with  the bankrupt or with his good the power of the Lord Chancellorr be not here  well plead which power of his in grant of such commission be only ministerial  he be to have his authority from tl e king Elizabeth dyer fol plea upon the  statute of h capite by which it be ordain that a commission to bear and  determine of piracy shall be award to the admiral and other to be name by the  Chancellorr the Lord keeper there be no Chancellorr may grant this commis sion  for that this be no judicial act but do by he as a officer and for the  necessity of justice also here in this case the statute be not that the  chancellor to have authority but only to name here it be plead that the  Chancellorr do give power and so this be mispleading but if this have be here  well plead yet a just cause ought to have be show for the commitment of the  party it be only show here that he do refuse to make answer unto certain  interrogatory but it be not show what the interrogatory be this do not appear  in the declaration it be also Bulstrode er p show that the commissioner commit  he until he shall conform himself and that he be in the custody of the gaoler  at Bristol suffer he to escape before the debt satisfy and it do not appear  that he be commit for this but only for his not conform of himself and so as  this declaration be he have no cause to have a action upon the case for this  escape the declaration be throughout insufficient coke as to the first  exception if it be so the declaration be not good for this be a regal  prerogative of the king to give such a power and the chancellor can the roll  be see and the same be devoted to power origination this be not good for the  Lord chancellor can do this but only the king and his power be derivative be  derive from the king but he have no such power to grant in this manner of  himself as be the Lord chancellor but the record have it in these word far S  that the Lord chancellor vigor to cause to stand juxta form to cause to stand  that at west monastery fecit commission quandan sub great seal geren c per the  same commission not general commissioner speech domini king nominavi ac  devoted to the dawn full power origination juxta form to cause to stand and so  this be so the same be to have a reasonable intendment that by the commission  thus to they grant they have authority juxta form to cause to stand and this  clear to Bulstrode be intend to be so by the king and so the declaration good  notwithstanding this exception take which be very colourable but consider all  the word together as they be in the declaration so the same be good and well  plead as to the other exception to the incertainty of the interrogatory this  be no good exception the declaration be good and he ought notto show therein  what the interrogatory be for this be also lie to be juxta form to cause to  stand and so good as to the other matter move S that he ouorbt to have show  that he be worth so much this be not to be show but be to be so intend as to  the last exception this be not material for that the loss of the plaintiff  grow by reason of the escape which entitle he to his action and it be show in  the declaration that he be sub custodian and then suffer to escape which be  the ground of the plaintiff adion the first objection here be most colourable  but it be here lie to be vigor to cause to stand this make it good also these  allegation in the declaration be so express but by way of inducement only unto  this action which be bring only for the escape and so to be recompense for the  damage by he thereby sustain but it have be the more formal plead to have  nominate and express that the king dedft power authority c but as it here be  be that the Lord Chancellorr juxta form to cause to stand devoted to power  authority c this plead be good and sufficient in substance the whole court  agree with he herein that the plaintiff here for this escape have just cause  or action be damnified thereby that the declaration be good the exception  thereunto well answer and so by the rule of the court judgement be give and so  enter for the plaintiff