case pinfold against kide the ecclesiastical court be the king court debt on a  bind with condition to make ready order church where on a special plead and  demurrer there be two question first whether the ecclesiastical court in  England ought to be hold in the king name and as to that Mr pollexfen urge a  hundred year usage and the opinion of all the judge in England in king James  time and cite Inst Rep second if such bind be good he cite Fitzherbert a that  they may take caution which be the same with bail security or pledge and in  Minshawes dictionary caution be put for security or pledge and they may take a  pledge dr Cozme say b that caution be take out of the civil law and the judge  be not bind to take the taking of precautions juratoria without some other  security as pledge or the like unless he that swear can give the other though  the book do not use the word shower KB surety but only taking of precautions  pignoratoria but he say afterward with surety surety mean obligation with  surety as in the writ de freedom from care peace they can take recognizance  but they may take bind and so do the court of admiralty take bind which they  call stipulation cro Elizabeth Henry bread v Evans Trin car the court of  admiralty may and do take bind in lieu of bail and shall not be prohibit  greenwood v baker godb the prohibit of bind for distribution be upon the  account of the matter or condition of they not for the form or bind itself all  court unless they have some way or mean of put justice in execution be in vain  if they deny this they must allow we some other way there be no more harm in  make these bind to the judge or officer than in bailbond to the sheriff Mr  Rotheram for the defendant he waive the first point and insist only that the  bind be void c the bind of caution ought to be in the king name it be a public  security the case Mr pollexfen urge of bailbond to the sheriff and gaoler be  but private security against escape here dr pinfold may release this bind and  if he die it will go to his executor and he cite the opinion of Fleming chief  justice in easter term in the nine year of James the first d and the case of  the bishop of Exeter v star in the court of king bench in Trinity term in the  twentyfifth year of Charles the second e where Lord hale and the rest of the  court adjudge such bind void rule that it ought to be in the king name  jefferies chief justice bind to sheriff be for the more ready compliance with  the method of justice and the practice for these hundred year in most of the  ecclesiastical court in England have be so they be the king court if they may  take a pledge they may meddle with a temporal thing and if they be trust with  a pledge why not with a bind and it will be strange to construe a bind void  for the sake of a condition which be legal judgement for the plaintiff