case Wilbraham against lownds trespass in the king bench for trespass commit  on land in the county palatine of Chester trespass quare enclosed space to  break in pieces in Cheshire and it be plead that this court ought not to take  conusance of it for that the defendant at the time of the suppose trespass and  bill exhibit be a inhabitant of the county palatine where the trespass be make  et to strive for jud if this court will take conusance to which there be a  demurrer in maintenance whereof it be say that the declaration be against he  in custodian mareschalli that his be in custody of the marshal be not  traversable no more than be the king creditor in a quo minus beside the  defendant be a inhabitant of the county palatine do not hinder his be a  inhabitant out of it for a man may be a inhabitant in several place at once  and in all appeal and indictment of murder the party be allege to be a  inhabitant in the place where the murder be commit holt chief justice as to  your case of quo minus it be traversable if the party come in due time to do  it and if one be a prisoner here against who one have a cause of action arise  within the county palatine so that his be a prisoner here binder that person  from proceed against he below sure the cause arise within the county palatine  shall not hinder we from have conusance of it here but that be where he be  first in custody of the marshal for cause and another or the same party have  another cause of action arise against he in the county palatine and if the  truth be so that the defendant be in custody of the marshal before for a cause  arise within our jurisdiction the defendant instead of demurrer ought to show  it in support of our jurisdiction but any plea of privilege be good to a  declaration against one in custodian mareschalli if he be bring wrongful there  as if a attorney of the common plea be arrest upon a lariat and be in custody  of the marshal for want of bail or suppose be put in bail it shall not hinder  he of plead his privilege because he modern report can plead till he put in  bail if he be not in actual custody and if we give judgement it must be for  the defendant modern report er p