case ex part Jephson sergeant at arm the nature of the sergeant at arm office  that he must return a non be invention before a sequestration can go this be a  petition by the sergeant at arm that in regard he be a ancient officer of the  court and by the ancient use of the court no process of sequestration can  issue but on a return of non be invention by the sergeant at arm yet by the  late practice which as it be not introduce above or year ago commit the party  to the warden of the fleet and award a sequestration on his return of non be  invention that may be alter and the ancient course restore for that otherwise  the sergeant at arm by this late method of practice be deprive of his fee and  a case be cite in in the time of Lord jefferies where a man that be commit to  the fleet for not perform a decree and after make his escape and get into  holland as appear by affidavit yet the court will not grant a sequestration  upon return of non be invention by the warden of the fleet but award a process  to the sergeant at arm to take he upon the return of non be invention and then  a sequestration to go precedent in chancery it be urge the late practice to  the contrary be a innovation and ought to be alter so where the defendant have  time give he to put in his answer upon enter his appearance with the register  which be a practice introduce about year ago and be for the expedition of the  suitor in shorten the process the course be on the expiration of the time to  move that he may answer in four day or stand commit upon which method of  proceed as it be allege no sequestration can issue till a return of a non be  invention by the sergeant at arm and not such a return by the warden of the  fleet that this commitment to the sergeant at arm be no great expense to the  suitor than when the commitment be immediate to the fleet that if he obey the  order while in custody of the sergeant at arm there be no far proceed against  he if he do net the sergeant at arm be the officer of this court that be to  send he to the fleet that this be his proper office to search and find out the  contemners of this court and the warden of the fleet who office it be to  attend at the fleet and take care of prisoner send thither be not to be  suppose to be absent from thence or to take they immediate into custody but as  they be bring to he by the proper officer that it be true in case of  contemptuous word or for a contempt in assault or strike any who shall serve  the process of this court the commitment be he precedent in chancery er p  mediate to the fleet but the reason of this be because the commitment in that  case be in nature of a final execution that no process of sequestration be to  go upon it but he be to answer the interrogatory and clear his contempt and  pay the cost which be the punishment he be to undergo and the only one in the  case and so for not bring write into court but that wherever a sequestration  be to go there must be first a order for commitment to the sergeant precedent  in chancery at arm and upon his return of non be invention then the  sequestration to issue and consequent the commitment immediate to the fleet  after which the order for enter his appearance with the register be not only  unnecessary but a burden to the suitor my Lord chancellor order the register  to look into precedent and to certify to he how the practice have go but say  that if the sergeant at arm be entitle by the ancient course to a fee by the  caption in these case that it can not be alter without a act of parliament  that though he approve very well of shorten the process of the court yet the  question be concern the divert of the process of the court whether it shall go  to the sergeant all arm or to the warden of the fleet fop the process be not  at all shorten by it but a wrong do to the sergeant at arm that in case of  enter a appearance with the register no wrong be do to any one more than  another that the course be former to grant a attachment then a proclamation  then a commission of rebellion then a sergeant at arm but that by the late  practice of enter his appearance with the register before any of those process  award or at any time after and before the last process for a commitment every  thing be admit to be right and he be suppose to be in court so as to stand  commit if he do not answer in four day after the time expire and the warden of  the fleet be in court insist that the enter his appearance with the register  prevent the necessity of any previous order for his commitment even to the  sergeant at arm but this be not clear agree but as to the other process  precedent to the commitment to a sergeant at arm it be clear agree to be cut  off by his enter his appearance and this my Lord say be no injury to any one  because none of the precede process issue at all and consequent can not issue  to a wrong person and say it will be the same too even in the case of the  sergeant at arm precedent in chancery if the course of the court shall be  certify to be that no process to he be necessary but that the commitment may  be immediate to the fleet on his not answer within the time after enter his  appearance with the register but whether that be the course or not be the  principal question and concern which my Lord will be attend with precedent it  be say in this case that the practice of grant sequestrations be very ancient  and the warden of the fleet say he have a table of fee as ancient as Elizabeth  which be the fee for each day proceed in the sequestration but it be agree by  the court that at first the sequestration be only to sequester the thing in  demand but that for some age pass it have be extend also to the good and  chattel of the party it be likewise say that by a to take in hand return by  the sheriff of the county the party be to be bring up and commit to the fleet  by order of the court if he do n t appear and answer the bill be to be take  pro acknowledged admitted fact and to bring he on a to take in hand return the  sheriff be to be amerce or a order to be make for a messenger to go to he  afterward Saturday that of may Geo the follow order be make ordo curiae ex  part servient ad Arma whereas the sergeant at arm attend the right honourable  the Lord high chancellor of great Britain on the that day of February last  prefer his humble petition to his lordship set forth that that the ancient  rule and practice of this court the sergeant at arm be entitle to take all  person into custody who stand in contempt to a commission of rebellion return  non be invention but that precedent in chancery the court have of late for  contemners not appear to be examine on account before the master of this court  not produce write and other contempt grant order of commitment without issue  forth the usual process against they and that the court of late frequent give  defendant further time to answer on enter their appearance with the register  and that thereupon for not answer at the time limit commitment have be grant  and the say several order of commitment precedent in chancery er p have be  execute by the warden of the fleet or else he have make return non be  invention hereupon sequestrations have be obtain contrary to the say ancient  rule and practice by which mean the process of this court be now rare carry on  by a sergeant at arm and he be thereby deprive of great part of his fee and  profit belong to his office and the say petition come to be hear before his  lordship on the that day of march last in presence of Mr solicitor general Mr  Lutwich and mead of counsel for the sergeant at arm and Mr Cowper and Mr  William of counsel for the warden of the fleet upon hear of the say petition  read and what be allege on either side big lordship order that precedent  relate to the matter aforesaid shall be lie before he and counsel again this  day attend he upon hear several precedent read and what be further allege on  either side declare that no sequestration can regular issue to sequester the  estate of any person who can be find but upon the return non be invention of  the sergeant at arm and do therefore order that from thenceforth where any  person be in contempt either for want of a appearance or answer or for not be  for contemptuous language yield obedience to any order of this court unless it  be for contemptuous language or the beat and abuse any person in the serve the  process of this court or other contempt of the like nature the sergeant at arm  attend this court precedent in chancery do apprehend and bring the contemner  to the bar of this court to answer such contempt but if the contemner can be  find then to return non be invention to the end a sequestration may regular  issue accord to the ancient rule and practice of this court and that process  do for the future issue accord and that it may be make a part of all order for  give time to answer or for do any other act upon the party enter his  appearance with the register that the party when he enter such appearance do  likewise consent that a sergeant at arm do go against he as upon a commission  of rebellion return non be invention in case of noncompliance and that this  order be hang up in the register and six clerk office of this court that all  person may take notice thereof and yield obedience to the same Edward  Goldsborough Dep register precedent in chancery de boundary S HILLARII in  curian porter