case BIDOLPH against veal capias make returnable the same day the summons be  returnable be error Writ of error from the court of Ely of a judgement in  trespass the record certify set forth a summons such a day returnable the same  day general and a return the same day of a summoner and thereupon a attachment  and a return the same day of a nil and then a capias returnable the same day  and thereupon the defendant bring in in custody declaration plea demurrer and  judgement writ of enquiry execute and return and judgement final all in a day  and this be insist for error that the summons be make returnable general such  a day the defendant have that whole day to appear and then it be erroneous to  compel his appearance by capias that day and that be agree to by the court for  though in county palatine and grand session of Wales they split day and hour  and perhaps they may do the like here yet have not do so videlicet make the  process returnable at such a hour of the day but general at such a day as here  it be erroneous to award a capias till the day be over for the capias be for  the contempt in not appear at the return of the summons and in contempt be can  not be till after the time of the return second it be resolve that the bare  appearance upon the capias be compulsory do not help this error because it be  what the defendant can not avoid three it be resolve the omit to take  advantage of it then but plead over cure it for he may have demand judgement  whether he ought to be put to answer upon the modern report capias the return  of the pone be not yet out fourthly it be resolve it be not necessary to have  fifteen day return of process in a franchise for the reason of they in the  court of Westminster be because that time be judge necessary for people to  come from the remote part to which the process of those court do extend which  do not hold in franchise five the judgement be reverse for this error  videlicet that the writ of error be execute the same day with the pone return  and so may be before any pone issue out and no appearance and plead can help  that jud reverset