Bulstrode austin plaintiff against monk defendant enter Termin pasch James b r  rot a to know facias more Poph Ro Rep cro James in a to know facias upon a  recognizance the case be this Austin recover in debt in this court against one  down who bring a writ of error to reverse this judgement in camera scaccarii  which be returnable of purifying last and do find bail accord to the statute  of James cap the defendant monk be his bail and bind in a recognizance that  down shall prosecute his writ of error with effect and to satisfy the debt and  damage if the judgement be affirm and that of purifying the to know facias be  bring against he upon the recognizance to know why he shall not have his  execution in regard that down do not prosecute his writ of error the defendant  to this plead that whereas the writ of error be returnable of purifying down  the principal of purifying go for sale hic in curian To give back see in eaden  curian in discharge of his bail per mandatum curiae To bring together  Mariscallo thus far remanet in the prison of the Marshalse in the execution  upon which plea the plaintiff demurrer in law it be urge by davenport for the  plaintiff that this render by the principal of his body in this case shall not  discharge the bail because he be bind to satisfy the debt and damage and the  intent of the statute of James be to give a certain remedy against the bail  and here the recognizance be forfeit for that the principal do not prosecute  his writ of error for the purchase of the writ of error be a delay of the  execution ab beginning because he do not prosecute the same Coventry for the  defendant if this be within the word of the statute of James yet it be not  within the intent of it for here the principal render himself in execution  before the return of the writ of error and so before any delay be by he and  also in this case the judgement be never affirm and therefore upon this  recognizance he be not to be charge the statute be make for the avoid of  unnecessary delay here the principal party render his body and it be not the  meaning of the statute to give a double satisfaction for one and the same  thing coke chief justice I think that this recognizance upon the statute of  James and a recognizance at the commonlaw in which the bail be enter be all  one in judgement of law the same be to pay the debt and satisfaction if the  judgement be affirm in h fol if the plaintiff in a writ of error at the  commonlaw be bail yet he may afterward render himself in execution so that  here in this case the Bulstrode er p principal render himself shall discharge  the bail of his recognizance upon the statute of James as well as it shall de  at the commonlaw Haughton justice to the contrary for upon this statute the  bail shall not be discharge by the principal render of himself for this be  never the meaning of the statute it be then further urge by davenport that  here by the plea of the defendant himself it appear that the principal do not  render himself to prison in execution for the plea be that the fever down the  principal go for sale hic in curian To give back see in eaden curian quod per  mandatum curiae To bring together to the Bulstrode Marshalse thus far remanet  in the Marshalse in execution and it be apparent that the say second day of  February be candlemasday and so non die assize towns and then he can not  render himself the same day and this appear so to the court judicial to this  it be answer that though he can render himself in court upon this day yet he  may well this day go to prison and so he may on this day well render himself  to prison and it be say further in the plea that he still remain in the  Marshalse it be then urge that it be express here plead that he do render  himself hic in curian quod per the same curian To bring together and so the  plea not good the whole court agree herein that the plea be not good coke he  do not in the plea here say quod To give back see prison send go for sale hic  in curian in eaden curian To give back see prison and this be here impossible  to be so for here ought to be a courtday or no render of himself can be in  eaden curian also it ought to be in eaden curian To give back see per the same  curian undertaking for the court ought to commit he and it be not sufficient  for he to render himself but he ought to be commit in execution per curian and  this to be so be here impossible because it appear to we that this second day  of February non to be die assize towns and therefore this be without any help  and if this commitment be have the same be as it be allege to be on the  sabbathday this clear be not good because this be no courtday quod ab  beginning non valet in dragging or pulling along time non to recover who mala  are begin in beginning vix good to thrust through exit Haughton agree with he  herein for if he be in prison yet if this be so without a render of himself  and a commitment by the court all be void and as it be here allege it be void  in law and therefore by the rule of the court for this default in plead  judgement be give for the plaintiff