case south and other bail for Jefferson at the suit of gryffith Hilary term  car roll a to know facias against bail can he have until a capias against the  principal be return non be invention post Jones roll ab Leon sand salk c Lut  pale yellow ex Com dig ld ray will Tidd bail can have error of the principal  judgement post error of a judgement in the common plea bring by the bail the  writ suppose that the error be in the principal judgement and also in the  judgement upon the to know facias against the bail et in reddition performance  superinde the error be assign in the execution against the bail that no capias  be award against the principal Jones say it be a question stir in the common  plea whether a execution may be in the common plea against the bail where no  capias issue against the principal Hobart chief justice be of opinion that it  may because the recognizance by the bail in the common plea differ from the  course of the bail in the king bench for there the recognizance be in a sum  certain that the principal shall render his body but all the other justice  there hold that it be all one in the common plea and in the king bench that a  capias against the principal ought to be take forth and return non be  invention otherwise no to know facias ought to be against the bail for if the  principal be take by the capias or that he render himself to prison upon the  judgement then no execution ought to be against the bail all the court here be  of the same opinion then it be move that this writ of error be ill because the  writ of error be bring by the bail for error in the principal judgement which  the bail can have and thereto the court agree that the bail can assign error  in the principal judgement nor can take advantage of any error therein and  they further hold that if the writ of error have be bring for error only croak  car er p in the principal judgement it have be clear ill but because the writ  of error suppose error in the principal judgement and also in the judgement  upon the to know facias against the bail as also in reddition performance  superinde Jones hold that the writ of error will lie for that part and shall  be void for the residue but Berkley and myself Brampston be absent be of  opinion that the writ be ill and shall abate in all because it be ground upon  the first judgement and also upon the judgement in to know facias and so  couple they together all be void but if the bail in their writ of error have  recite the first judgement croak car as of necessity they must make mention  thereof and the second judgement in the to know facias and allege error in  that judgement and in the execution thereof c it have be well enough