case the queen against sir jacob bank Knt if a indictment be remove by the  prosecutor into the king bench by certiorari out of London or Middlesex the  defendant must enter into a recognizance to try it the modern er p same term  or at the sit after but if remove out of any other county he be without day  and if he do not appear process shall issue till he be outlaw but if the  defendant remove a indictment he must enter into a recognizance pursuant to  will mary c SC ld ray SC salk SC Mod a indictment be find against he at the  quartersession of Berkshire for a assault upon Mr Culpeper in Windsor castle  the indictment be remove up by certiorari at the suit of the prosecutor both  he and the defendant take out process make up record and take warrant of nisi  prius to try it at the next assize after removal the prosecutor not think fit  to carry it on the defendant put in his record and be try and acquit and now a  new trial be move for by the prosecutor for that when a indictment be original  prefer here above or find below and remove up here by the prosecutor the  defendant can carry it down to trial until after a default in the prosecutor  nor even then without application to the court and leave bad it be so in the  case of a information who tam because as the book saysVide Leon a it in a  certain way concern the queen a strong then will it be in the case of a  indictment which altogether concern her modern to which it be answer that  there be a great difference between a indictment and a information for a  indictment be a charge by the oath of twelve man be much heavy and a person  ought to be allow all imaginable speed to clear himself of it and not be  continue under such a imputation until the prosecutor think fit to bring it to  a trial but a information be a bare suggestion and therefore be more easy rest  under another objection be make that such a course if tolerate will be of  great mischief for then the most profligate offender will get themselves  acquit by surprise or overhastening the trial without allow the queen  convenient time to manage her prosecution it be answer that there can be none  because in crown cause there can be nisi prius or tale without a warrant from  the attorneygeneral who will be sure to grant none if he find any such danger  and that such a thing may be at least by consent appear by the case of the  king v Jones keb a and the grant a nisi prius amount to a consent per curian  before the late statute of will mary c concern removal by certiorari if the  defendant bad remove a indictment from any county except London and Middlesex  he be without die out of court and only to be bring in upon process whereupon  he may have be outlaw but in that case the defendant may have come in  voluntary if he please but if the indictment have be remove from London or  Middlesex by the defendant there he must have enter into a recognizance to  carry it down to trial the same term or the sit after hawk p c ch S b and in  imitation of this practice in these two county the late Act be make whereby  the defendant upon certiorari bring by he to remove a indictment out of any  county in England must enter into a recognizance to carry it down and try it  at the next assize because of the great delay of justice occasion by the other  course but if the prosecutor do remove it up the defendant upon plead do not  enter into a recognizance to try it and that beget the question whether  notwithstanding be may immediate carry it down to trial and it be allow here  that this be remove up by the prosecutor before plea the defendant be out of  court and without die and may be bring in by process stand p c salk hawk p c  ch S c or sue to a outlawry or if he please may come in voluntary and that if  a indictment be find here the defendant upon plead shall give security to try  it et per totan curian after great consideration it be resolve first that in  civil action the defendant can carry down a cause to trial by modern er p  proviso until after default in the plaintiff lev dyer hawk p c ch S d except  in special case where the defendant be in some respect in the nature of a  plaintiff as in quare hinder in replevin and in prohibition to have a writ to  the bishop return or consultation second modern there can be a trial by  proviso in the king case because there can be no laches in the king three a  defendant may at the first instant by consent of the prosecutor carry his  cause to trial where the queen be party fourthly that all cause of the queen  in this court must be try at the bar if Mr attorney will not grant a warrant  of nisi prius five that that warrant in its nature be no more than a consent  that the cause may be try in the country but not that the defendant shall  carry it down irregular or contrary to the usual course six that if Mr  attorney grant a nisi prius by surprise and after show that to the court they  will supersede it seven which be the main point in this case that in all  indictment or information here or indictment remove hither by the prosecutor  for treason felony or any inferior offence the defendant have no other way to  hasten on his trial but by application to the court who upon bear the reason  of Mr attorney will as they see occasion either give he further time or fix he  a day peremptory for the trial or give the defendant leave to bring it on  himself and per totan curian a new trial be grant and the court direct it for  a rule hereafter that a defendant shall never carry a indictment remove hither  by the prosecutor to trial without leave of the court