alston versus Andrew the obligor and the obligee make the same person executor  Suff Peter Alston executor of Peter Alston bring a action of debt upon a  obligation of a hundred and twenty pound against William Andrew and Edward  Andrew and count that the defendant and one Francis a become oblige to the  testator c and that they do not pay it to the say testator in his life nor to  the now plaintiff and one Francis Andrew coexecutor with the plaintiff who be  summon and the plaintiff admit to prosecute alone with the same Francis c the  defendant demand oyer of the obligation which be enter in haec word and plead  that Francis a in the say write name after the make thereof make the say  Francis Andrew and barb a his executor and die and that thesaid Francis a  accept the burden of the testament and after the say Peter Alston the testator  make his will and constitute the plaintiff and the say Francis his executor  and die et boc a preparation be verify unde c whereupon the plaintiff demurrer  mich James rot garret Trugeon plaintiff against one Anthony meron and other  the administrator of Benjamin scrivin upon a single bill the defendant demand  oyer of the bill whereby it appear that one John Simcocks be oblige to the say  Trugeon joint and several with the say scrivin who bed hearing the defendant  say that the say Simcocks die having made no will and that the administration  of his good be grant to the now plaintiff who accept the burden of the  administration and administer the plaintiff demurrer and judgement against the  plaintiff e e light b e if the debtee make the debtor and other his executor  the debt be discharge croak wear down Plowd wear down cook lib foe accord mich  car banc king rot whether Dorchester executrix of whether row plaintiff  against William web in debt upon a obligation of five hundred pound the  defendant demand oyer whereby it appear that the defendant and one John  Dorchester be oblige joint and several in the say obligation croak the  defendant plead in bar that the say John Dorchester make the plaintiff his  executrix who prove the will and have good sufficient in her hand to pay the  say debt the plaintiff reply that before the death of the say whether row the  obligee she have full administer all the good of the say John Dorchester  demurrer and judgement for the plaintiff and in this case it be not show that  the say Francis and Peter or any of they prove the will of the say obligee or  that they administer his good or that they have any good of the obligor to  administer at the time of the death of the obligee as it ought to have be show  and the say Francis executor of the obligee and also of the obligor Hutton  refuse to be executor to the obligee and never administer and never meddle  with the good of the obligee and so the debt be not release in law as by the  say case and former judgement appear this case have be oft argue by sergeant  Hedley and of the other part by sergeant Hiteham and affirm that once  judgement be give for the defendant but it yet depend trin car liberty may not  be give to prisoner by force of a habeas corpus memorand upon petition exhibit  to the king by the prisoner of quality which be in execution in the fleet king  bench and Marshalsea to have liberty in the time of infection and for  preservation of their life to have liberty by writ of habeas corpus to go into  the country upon security give to the warden and marshal Hutton er p for their  return the king out of the great care of their safety refer their petition to  the Lord keeper Coventry and that he with the advice of the judge shall  consider by what way it may be do and the eighteenth day of June we attend the  Lord keeper at durhamhouse and there upon conference and consideration of a  former resolution which be at read in mich term last before the say Lord  keeper where be present all the judge beside my self that these abusive habeas  corpus be not lawful and that the warden and marshal be then call and warn  that they shall not suffer their prisoner to go into the country as they have  use to do by colour of such writ this which follow be subscribe we be of  opinion that the writ of habeas corpus be both ancient and legal but as the  writ do not so no rule can authorize the keeper of the prison to give liberty  to his prisoner by colour of such writ but the same be a abuse against law and  a escape in the keeper if he let the prisoner go by such writ we find that  neither in the twenty four year of Elizabeth when the term be adjourn to  Hertford nor in the that of Elizabeth n which year it be adjourn to Hertford  nor in the that of Elizabeth n which year it be adjourn to saint Alban nor in  James in which year the term be adjourn to Winchester nor in thefirst of king  Charles in which year it be adjourn to read in all which year there be great  and dangerous infection of the plague there be no such course to set prisoner  out of prison by habeas corpus but we find it a novelty begin of late year but  we think that if the danger of infection shall grow so great as it shall be  find necessary to provide for the safety of the prisoner who may at all time  provide for themselves by pay their debt and yield obedience Hutton to justice  then a course may be take that some certain house may be assign for the warden  of the fleet in some good town remote from the infection and the like for the  marshal of the king Beneb in some other town where they may remove such  prisoner as have be petitioner to his majesty and there keep they as prisoner  sub to shut up salv custodian as they shall be keep in their proper prison and  not to be as housekeeper in their own house and by this mean they will have  the like to avoid the infection as other subject have and not make the  infection a cause to abuse their creditor or delude the course of justice John  Branston humph davenport richard hutton William jonston george crook thomas  Trevor george vernon robert Berkeley Francis Crawley richard weston to sir  John Branston knight Lord chief justice of England my very good Lord I have  acquaint his majesty with your resolution and your brother about writ of  habeas corpus his majesty do exceed approve the same and have command I to let  you know that his majesty will not recede from that which you have certify and  pray you and the rest of my lord the judge to observe it constant accord to  that resolution under your hand your lordship assure though Coventry C S  Hampton court June Hutton mich car