case loffe against KELBRIDGE Hilary term James roll if a man be arrest upon  process out of a inferior court the sergeant may take bail for his appearance  ante roll ab cro Elizabeth cro car Cowp if judgement in a inferior court for a  defendant be reverse on error and judgement give for the plaintiff the  original bail continue liable post more Jones side stram Cowp to know facias  against the defendant as bail for one littler in a action bring in Lynn the  case be that in debt for seventy pound by the plaintiff against littler  process of capias issue against he direct to the sergeant of the mace there  who return to take in hand corpus and that the say littler secundum experience  villae prediction come upon ei freedom from care videlicet one hear who be  dead and the say Kelbridge ad comparend and if he be condemned to satisfy the  debt or to render himself to prison and it be so far proceed in the say court  that judgement be give for the defendant and thereupon writ of error bring and  the judgement reverse and now because littler do not pay the debt nor render  himself to prison this action be bring and it be thereupon demurrer and move  first this bail find before the sergeant although it be allege to be secundum  experience villae be not good for the bail be matter of record can be find  before any but the judge of the court but the bail for appearance only may be  take by the sergeant and of that opinion be the whole court and that for this  cause the bail be not Chargeable croak throw second it be allege that this  bail be discharge by the judgement be give for the principal in the inferior  court for the bail be if he be condemned in that action in the say court c and  here he be never condemned in the say court but be discharge and thereby the  bail be altogether discharge and although the judgement be reverse and the  principal make Chargeable yet that be only for he and do not make the bail who  be collateral thereto to be Chargeable say non allocatur for the court hold  when the judgement be reverse it be as if that judgement have never be give  and as if at the first the principal have be condemned in the inferior court  and the bail as well Chargeable thereby as if the first judgement have be give  for the plaintiff in the inferior court but for the first cause it be adjudge  against the plaintiff