case clarke against elwick a witness to a bind of arbitration may under will c  be compel by rule of court to make a affidavit of its execution S c stram move  for a rule against a man to show cause why he shall not make a affidavit of  his name be subscribe to a arbitrationbond several affidavit be produce that  he have several time own his be a witness but refuse to make affidavit it be  urge in behalf of the motion that though it be general true that no man can be  compel to make a affidavit yet it must not hold true in the present case  because then the statute will c will be entire elude videlicet that all person  that agree to end their difference by a arbitration may agree to have this  their submission make a rule of any of the court of record and may insert this  their agreement in the submission or condition of the bind or promise and upon  produce a affidavit of such insert and upon read and fill such affidavit the  same may be enter of record in such court and a rule of court thereupon c  modern report the court first make a rule upon he to show cause why he shall  not make the affidavit desire and the next term videlicet Trinity they make  the rule absolute be unanimous of opinion that they have a power by rule of  court to compel such person as be witness to a award to make affidavit of  their be so and whereas it be object that there be no compulsory word in the  Act of parliament it be say that this be not necessary that the very nature of  the thing give the court a jurisdiction that the person by subscribe his name  as a witness have undertake to give evidence at a proper time and in a proper  manner and that here the Act of parliament have make it necessary for the  evidence to be give by affidavit the refuse to do it be a injury to the party  concern in a matter belong to the jurisdiction of this court a a rule be  accord make on the witness to make a affidavit of the execution of the bind S  c stram and the like rule be make by the court of common plea in easter term  Geo barn note vo edit a and as to the objection that the party have here make  and determine his election which the law give he either to proceed by action  upon the arbitrationbond or to make the award a rule of court it be answer  that the party may at pleasure resort to this new remedy give by the statute  and that though he shall even have get judgement upon the bind for perhaps a  attachment upon this rule of court be a more quick and effectual process than  sue out a execution upon a judgement on a writ issue out of another court and  returnable here the court may compel the proper officer to make a return  similiter the court may compel the make a affidavit in the present case