ball vers MANUCAPTORS OF russel SC salk in set out a recognizance of bail on  oyer the plaintiff ought to show in what term it be take a to know facias  against bail the writ set out a recovery against Russel at any time etian e t  de c et I f de c alias scilicet tern ino consecrated hilarii ultimo past in  eaden curian our men in person we at westmonasterium of loveliness et exorcise  pledge c that if judgement shall be against the defendant that the money  recover shall be levy of their land and chattel si to touch that the defendant  shall not pay it nee see prison marescalciae our men she occasion reddere  prediction yet the defendant debt is owed c not yet to loosen nee see prison  marescalli marescalciae our men thus far To give back prout c the defendant  pray oyer of the reco nizance and it be enter in haec word robertus ball  executor will et ultimae will caroli ball death to express grief c in a action  of debt for you a bind and the defendant by his attorney go for sale et make  practice of defending vim et in an unjust manner when c et super hoe in person  owner queen at westmonasterium go for sale e t de c et I f de c in not common  with others mask et to come pledge c for the defendant quod si to touch c debt  is owed et financial loss to the plaintiff too little to loosen or he himself  prison marescalli marescalciae owner queen in person self queen she occasion  non reddere c quo bed c the defendant plead that no capias uva I S sue out and  return against the principal the plaintiff reply and set out a capias and the  defendant demurrer several exception be insist on by Mr Pengelly first that  the plaintiff in his oyer ought to have set out what term the recognizance be  of that it may appear to be the same with that upon which the to know facias  be ground but as this be set out without any term it do not appear to be the  same but to this the chief justice say that this be a imperfect oyer not be  the whole record but then the defendant shall have insist upon want of oyer  and not have go on but it be no variance Lord Raymond for what be set out  agree well enough with the recognizance upon which the to know facias be  ground second that it appear by the capias set out in the replication that  there be but five day between the testae and return of it whereas every capias  sue out against the principal in order to charge the bail ought to have eight  day between the testae and return and Acc salk a ought to lie four day in the  sheriff office which the court agree but say that it be only a irregularity in  proceed and therefore the defendant shall have move the court to have they set  aside for the irregularity but in point of law the chief justice say process  in the court may be make returnable de die in diem especial process which go  into Middlesex three and which be the principal objection that the plaintiff  have not assign a sufficient breach by reason of the variance in the style of  the prison between the to know facias and the recognizance for the breach be  too large the word Marescalciae be use for more prison than the prison of the  king bench the prison of the palace court be call Mareschalcia hospitality  domini king and the keeper of it be call Mareschallus Mareschalciae  hospitality domini king   b these short catalog and mareschallus indeed  signify no more than a keeper and so be Spelman word mareschallus and there  the citation out of the red book of the exchequer make mention of the marshal  of the exchequer and there be so many marshal and Marshalsea prison  mareschalli Mareschalciae owner queen may as well be take for the marshal of  the Marshalsea of the household prison as the prison of the Queens bench for  that be never style Marescalcia owner queen or prison Marescalciae Marescalli  owner queen but always prison Maresalciae Marescalli owner queen in person  self queen as it be here in the recognizance or else marshal deal bank Le roy  as it be in f n b I and Edward c and if so then the breach be too large the  exception stick with the court some time and Mr Raymond speak to it for the  defendant and the last day of the term the court give judgement for the  plaintiff because it be a bail here prison Marescalli Marescalciae our men  must be intend the prison of the marshal of this court for the Court can take  any other bail Lord Raymond er p Powell justice say when this case be stir  before that all these Marshalsea be derive from the earl marshal and that he  have grant the inheritance of the office of marshal of this court out of he  Lord Raymond holt say that the marshal of the household be never style  Mareschallus Mareschalciae our men