case chapman case barratry be a offence at commonlaw a indictment for it be  good though it conclude against the statute ante justice of oyer and terminer  for the trial of a issue join before they may award a venire returnable the  same day on which the party be arraign ante roll ab cro Elizabeth side Inst  Inst   Bac ab hale hawk p c on a indictment for a finable offence the entry of  the judgement shall be quod to take in hand roll ab Jones dyer   cro James but  now by will mary c in trespass ejectment assault or false imprisonment no fine  or to take in hand pro fine shall be enter but the plaintiff in satisfaction  of it shall pay S d on the judgement which shall be allow he in cost see Mod  salk error by chapman to reverse a judgement against he upon a indictment of  be a common barrator where have traverse it in the county of Devon before the  justice of assize there and the indictment find and verdict against he and  judgement be give that he shall pay one hundred mark for a fine and be  imprison for two month and therefore in pity the first error assign be because  the indictment be that he be a common barrator contra form to visit statutor  which be not good for it be a offence at the commonlaw and there be not any  statute to punish it say non allocatur for so be the common course of  indictment and common barratry be a offence against diverse statute videlicet  maintenance and the like the second error because upon the indictment process  be award he appear gratis at the follow assize and plead not guilty and then a  venire facias be award returnable the same assize and be thereupon then try  and find guilty that this venire facias be misawarded to make it returnable at  the same assize where it ought to have be returnable at the next assize so as  there ought to have be fifteen day betwixt the testae of the writ and the day  of the return and not to have be make returnable the same day say non  allocatur for it be the common course throughout all England and as roll who  move it say that true it be when he be in the gaol such a trial may be the  same assize but not so when the party be at large and come in gratis but the  court say it be all one and the trial good as well in the one case as in the  other a and so it be here a good trial wherefore c three it be allege for  error because it be therefore in pity where it ought to have be therefore to  take in hand be upon indictment for a offence finable but it be thereto answer  by bear that the record be therefore To bring together gaolae be there present  to remain for two month so there needs not a croak car therefore to take in  hand but where he be absent for the therefore in pity be but surplusage  wherefore for this cause curian advisare vult a see roll ab where this be say  to be against all precedent and see hawk p c Bac ab croak car er p