coke a clark case Trin Elizabeth in the common plea a mayor c can make a bylaw  inflict imprisonment and in a action for false imprisonment it be no plea that  the bylaw be make with the consent of the plaintiff and other burgess SC more  roll   b more Inst Cr argument bridge roll Abr in a action of false  imprisonment bring by clark against gape the defendant justify the  imprisonment because king e incorporate the town of saint Alban by the name of  mayor c and grant to they to make ordinance and show that the queen appoint  the term to be keep there and that they with the assent of the plaintiff and  other burgess do assess a sum on every inhabitant for the charge in erect the  court there and ordain that if any shall refuse to pay c that he shall be  imprison c and because the plaintiff be a burgess c refuse to pay c be as  mayor justify and it be adjudge no plea for this ordinance be against the  statute of great Charta cap nullus libre a human being imprisonetur which Act  have be confirm and establish above thirty time and the plaintiff assent can  alter the law in such case but it be resolve that they may have inflict a  reasonable penalty but not imprisonment which penalty they may limit to be  levy by distress lev or for which a action of debt lie before a and the  plaintiff have judgement a Lord Ellesmere in his observation on the report p  observe if there be such a judgement it be fit to have lie silent than to have  see light for the assessment be in advancement of the general justice of the  realm and the ordinance be in furtherance thereof the statute of great Charta  never mean to protect such obstinate person as shall refuse to set forward the  erection of the court of justice sir Orlando Bridgman CJ however seem to have  be of opinion that clark case be well decide he observe Hutchins v player  Bridgul in case of a bylaw or ordinance the difference be apparent between  imprisonment which be in pnam and be the end of the suit and imprisonment in  custodiam only and to bring the party to answer if a bylaw or ordinance be  make that upon do or omit such a act the party shall be imprison it be nought  for it be the end of the suit the party have no remedy to free himself from it  and therefore it can be do by a bylaw but where the bylaw be a pain or money  mulct for which debt will lie the imprisonment be only to bring he to answer  he may help himself if he will by pay it or put in bail till the suit be  determine if he lie in prison it be to be presume his own fault and in king v  corporation of Boston W Jones the court recognize the authority of clark case  Vid also wagoner v Fisk Brownl chamber v Wollaston style a coke report b er p