case the king against erbury a person outlaw on a indictment for a libel find  at session and remove into the king bench may be bail upon show probable cause  of error although no writ of error be actual allow for in such case he need  not by will mary c assign error in person and the writ be ex debt is owed  justitic fort Mr erbury be apprehend by virtue of a warrant from the secretary  of state for be the author of a seditious libel be bail to appear in the court  of king bench the first day of easter term last and he appear accord the  attorneygeneral move that he may be commit because he be outlaw upon a  indictment at hicks hall for be the author of a seditious libel entitle the  clemency of the king of England and thereupon he be commit the indictment  together with the outlawry be remove hither by certiorari upon another day be  bring up by habeas corpus he move by his counsel to be bail upon statute will  mary c in order to prosecute a writ of error for the reversal of the outlawry  the attorneygeneral oppose this motion for that he be not entitle to so much  favour ex debt is owed justitic before he have bring a writ of error to  reverse the outlawry the defendant then produce some affidavit to show that he  have do all in his power to have a writ of error allow and that he have apply  to the secretary office for that purpose the attorneygeneral answer that if  the doctor have make any application to he he will have sign a fiat at any  time which he have neglect to do such neglect ought not to be any excuse to he  it be say S c fortescue that the defendant after have give notice to the  attorneygeneral have move in easter term for a writ of error and that the  attorneygeneral oppose the grant of it because in crown case it be not to be  allow without a sign manual from the king and former it be certain understand  that writ of error in all criminal case be not grantable ex debt is owed  justit but ex agreeableness king crawl v crawl vern rioter case vern but it be  agree in the three of queen whether that in misdemeanour it ought to be grant  as a matter of right Reg v paty salk where there be probable cause of error  burr and therefore even in misdemeanour it can now issue without the fiat of  the attorneygeneral who be to examine whether it be fight for delay or on  probable error and if there be the court of king bench will order he to grant  his fiat burr but in treason or felony if the error be ever so manifest the  defendant can have a writ of error without a sign manual for that purpose burr  a Pratt chief justice be of opinion that his outlawry be a confession of his  crime and equal to a conviction and therefore if he have bring a writ of error  the court may have refuse to bail he he deny it to be within the Act but powys  justice seem to think that it be within it Eyre justice at first take it not  to be within the Act but he afterward declare himself of opinion that it be  within the letter and meaning he say the general recital to the statute seem  to extend only to outlawry prosecute in the court of king bench but the title  of the Act be general for prevent malicious information in the court of king  bench and for the more easy reversal of outlawry in the same court and the  introduction to the particular clause of this Act be also general for the more  easy and speedy reversal of outlawry in the say court and so be the enact  clause that no person who shall be outlaw in the say court for any cause  matter or thing whatsoever treason and felony only except shall be compel to  come in person in or appear in person in the say court to reverse such  outlawry but may appear by attorney and reverse the same without bail in all  case except where special bail shall be order by the say court now without  question a outlawry at the session remove into this court by certiorari be a  outlawry in this court and consequent be within the letter of the Act and as  it be within the letter so it be within the reason of the law for there can be  no modern report er p reasonable difference between a outlawry original  prosecute in this court and a outlawry remove hither by certiorari beside by a  subsequent clause of the Act the sheriff who arrest the defendant on a capias  utlagatum may take a appearance or special bail where special bail be require  in the action and if the sheriff have power to bail the defendant in any case  without doubt this court have the like power and it will be very hard if it  shall be otherwise for this man ought not always to be imprison for a  misdemeanour or a contempt the outlawry be no more than a contempt of the law  and a mean to compel he to answer and as yet he be under modern report no  conviction and the bail he be to give be only to prosecute his writ of error  with effect fortescue justice be strong of the same opinion Pratt chief  justice then desire the counsel for the defendant to show some colourable  error to reverse this outlawry so that it may appear to the court it be not  for delay and to avoid justice the counsel reply that they intend to follow  the common practice as in case of this nature and that they will assign error  in fact which probable may be confess by the attorneygeneral upon give bail to  answer the trial of the merit upon this information and thereupon the  solicitor for the defendant exhibit a petition to the attorneygeneral for a  writ of error who sign a fiat in court and then his counsel say that they will  take out the writ the next sealday and that this be the last day of the term  it will be hard to continue he in custody all the vacation especial when it  appear to the court that the writ of error be prosecute for his discharge the  court the defendant not have bail ready in court may be bail at a judge  chamber show some error