coke a gilbert Littleton case hill Elizabeth in the starchamber exception out  of a general pardon of all offence c for which any suit by bill c at any time  within four year next before the last day of this present parliament be or  shall be commence or exhibit in the court of starchamber and now be or the  first day of this session of parliament shall be there depend the bill in the  starchamber be exhibit in hill term before the parliament and the process be  returnable in easter term which be after the parliament and it be resolve that  the bill shall within the true intendment of the exception be say depend Inst  hard between Gilbert Littleton Esq plaintiff and the Lord Dudley and other  defen coke report b er p daunt in the starchamber the case be such at the last  parliament which begin Feb Elizabeth in the general pardon be such exception  and also except out of this general pardon all offence c whereof or for the  which any suit by bill c at any time within four coke b year next before the  last day of this present parliament be or shall be commence or exhibit in the  court of starchamber and now be or the last day of this session of parliament  shall be there depend and the bill be exhibit by Gilbert Littleton term Hilar  before the parliament and process award returnable term pasch next follow  which be after the parliament and whether this suit shall be say depend before  the return of the process be the question and first it be object that the word  of the exception be suit by bill depend and it can be say suit till the  process be return it be observe that in the next precede exception concern  suit commence within eight year there the conclusion be depend or remain to be  prosecute which word or remain to be prosecute as it be say extend to bill not  depend sure when the process be not return but no such word be in this  exception and to prove that the bill be not depend before the process return  the defendant counsel resemble it to writ at the commonlaw where diverse book  be cite to prove that original writ be not in law depend Inst Cr Elizabeth hob  hut e a side postea b   a Edward keb h b b a before their return e a a writ be  bring as soon as it be seal but it be not depend until it be return Cr  Elizabeth Br Estrepment notam Edward b h a send for but it be answer and  resolve that there be a great difference between a original writ purchase out  of the chancery and returnable in the common plea or king bench for there  inasmuch as the original come out of another court the common plea or king  bench have not any record before the return thereof but in the case at bar the  bill be exhibit in the starchamber and process issue out of the same court and  be returnable in the same court and therefore the suit by bill shall be say  depend before the return or serve of the subpoena and it be say that suit by  bill depend and bill depend be all one for the bill be origin rei caput sect  res denominator a principaliori part and the attorneygeneral say that where a  original writ be purchase out of the chancery returnable in the common plea or  king bench in such case after the writ shall be return the writ shall be say  pen from the day of the side h b c testae of it and if the tenant alien before  the return and after the testae it shall be say a alienation pen the writ or  if the defendant purchase another writ before the return of the first writ it  shall be say purchase pen the first writ and it be say in h that where a writ  of covenant Cr Elizabeth Cr James d be purchase to levy a fine and before the  return dedimus power recite cum breve our men de convention to hang and yet  the writ of covenant then be not coke a return and so be the common experience  at this day vide e b if Br prohibition hut f n b g h Fitzherbert prohibition e  a quare hinder be deliver to the sheriff in the court of common plea to be  execute it be pen to this purpose that the plaintiff may have a prohibition  for suit for the same cause in the spiritual court and a man may purchase his  original writ and at the same time a writ of h a h a Br Estrepment f n b d e  Inst Com dig waste b f estrepement also the word of the exception be observe  know whereof any suit by bill be or shall be commence c and shall be depend  the last day of this parliament in which this word be be to be intend depend  Feb which be the first day of the parliament but shall be commence ought to be  of necessity after the say that day of Feb which be always out of term and  because it appear that the maker of the Act intend that the put in of the bill  only into the starchamber after the that day of Feb and before the say last  day shall be say depend and so it appear that the say word in the precede  branch sure depend or remain to be prosecute be all one in effect wherefore it  coke report a er p be conclude that in the case at bar the bill shall within  the true intendment of the say exception be say postea b a depend and so it be  resolve by the justice on a conference have between they and thereupon  sentence in the starchamber do roll Rep b proceed against the defendant in the  say bill