case tyndal case a writ of certiorari lie from the king bench to the mayor and  jurats of any of the a indictment of felony see SC post SC roll Abr Inst cro  Elizabeth cro James palm Com dig hawk p c a certiorari to remove a indictment  from justice within the cinque port shall be direct immediate to they post  roll ab hawk p c a certiorari be award to the mayor of Hithe and the jurats  there be one of a Inst raym say vide hawk p c ch S contra during the term in  which it be impose see also vent salk croak car er p the cinque port to remove  a indictment of felony videlicet buggery against one Tyndal suppose to be  commit there the writ be not return upon pretence of a liberty or privilege  belong to the cinque port that the king writ out of any of his court shall not  be award to they but ought to be direct to the Lord warden of the cinque port  who ought to make the warrant to they to execute it and because the writ be  bring to they and no warrant from the warden they will not return it whereupon  a alias certiorari be award and deliver to the mayor and jurats in court upon  oath make that they say they will not return it and for that they imprison the  messenger who bring it in their common gaol and that one knight a jurat speak  contemptuous of the croak car writ be under green wax the seal of the court  say this be no time for green plum upon these contempt prove by several oath  ail attachment be pray against they and award Noy the king attorney be in  court now say that for this contempt he will exhibit a information for such  contempt against the king messenger who bring the king writ be contempt  against the king person and such contempt ought to be severe punish for it be  term to fight contra king et non to decide and be show a record in court  Edward roll where the bishop of Durham pretend he have such privilege that the  king writ ought not to run there and because one bring the king writ thither  imprison he and for this cause ail information be exhibit against he and the  offence prove it be adjudge he shall pay a fine to the king et quod to take in  hand and shall lose his liberty for his time and the entry in the roll be that  he shall lose his liberty because justice be quod in eastern quod make mistake  in eastern to punish and he show another precedent in Trinity term Edward  wonder roll or where in the common plea a prohibition be award to the bishop  of Norwich and he excommunicate the party who bring the writ and thereupon the  party bring his action on the case and declare all this matter and he be find  guilty it be adjudge that his temperality shall be seize until he absolve the  party and satisfy the king for that contempt and that the party shall recover  against he for damage ten thousand pound and upon that judgement the bishop  bring a writ of error in the king bench and this judgement be affirm and  thereupon the attorneygeneral move for the king that in this case a new writ  may be award and they to make a return thereupon as they shall be advice and  it be say although in civil plead they have such jurisdiction for their court  S ancient time whereof c and confirm by Act of parliament yet it can extend to  what they do as justice of peace which begin within time of memory and that  great Charta c and Art sup chart c be only that they shall have custom urge c  and that can be extend to matter of the crown with which they meddle as  commissioner of the peace or oyer and terminer which be all subject to the  jurisdiction of this court in Michaelmas term car a certiorari be pray to be  award to the Mayorand justice of Dover be within the cinque port to remove a  indictment of felony against one Ringden of Dover who be indict there of  buggery henden sergeant move that this shall be award and direct to the Lord  warden of the cinque port as other process be usual direct but upon debate all  the court agree that it shall be immediate direct to the justice before who  the indictment be for they hold plea of it as justice of the peace by virtue  of their commission and not by their ancient charter or prescription which be  award accord