case BUMPSTEDS case quod vide ante page justice of the peace can inquire try  and determine offence on one and the same day ante post S C Jones roll ab side  cro James Inst Inst Com dig hawk p c Bac ab where damage be give by statute to  the party grieve they can be recover on a indictment unless that mode be  express point out but must be sue for by action on the statute queen if Henry  c extend to extortion except upon arrest hawk p c this case be now move again  by Keeling junior and he insist upon for error that neither justice of peace  nor justice of oyer and terminer may inquire and take traverse and determine  indictment the same day but justice in eire and gaoldelivery may because there  be warning give long before of their come and the offender may know what  matter be determinable there and there be a precept for juror to come out of  all part of the county to try and determine offence before commit whereof the  prisoner man take cognizance and it be for the speedy delivery of the prisoner  and for this reason compare to the proceed in this court which be as the  general eire as assize where the proceed be for offence commit in the county  of Middlesex this court be as eire to proceed de die in diem and to award  venire facias returnable the next day or at another day after accord to their  appointment without regard of fifteen day betwixt the testae and return but if  any indictment be remove out of London or out of the session of the peace in  Middlesex by certiorari or out of any other county where the defendant be to  plead here to the issue the usual course be to award a venire facias and to  have fifteen day betwixt the testae and return a much strong in the session of  the peace or before justice of oyer and terminer and for this point vide Henry  inquest by hankford Edward Coron Henry pl in kelloway Staunforde all the court  be of this opinion that justice of peace may not inquire try and determine  civil offence in one and the same day for the party ought to have a convenient  time to provide for the trial the second error assign be that they award to  the one Triple damage videlicet where be take twenty shilling extorsive they  award to the party three pound and forty pound fine to the king and upon the  other indictment where it be find that he take six shilling eightpence  extorsive they award that be shall pay to the party for damage S d so a  quadruple value and twenty pound fine to the king which all the court clear  hold to be erroneous for although by colour of the statute of Henry c where  Triple damage be give to the party they may assess they yet it be here undue  and erroneous for they ought first to have inquire of the damage for  peradventure it may be more or less accord to the circumstance but they may  not assess themselves without enquiry by the jury for the jury ought to have  find the damage and then they may Triple they and for the other quadruple  damage it be without colour and out croak car of the statute and the  indictment be not contra form to cause to stand as it ought to have be if they  will proceed upon the statute also it be doubtful whether this statute extend  to extortion unless take upon arrest for the statute do not speak but of  arrest and extortion take upon they but the court resolve riot this point but  for the say two former error the judgement be reverse croak car er p