case thomas ashfield sen against king a judgement against a defendant not  proper in court at the time it be sign be erroneous cro Elizabeth more Poph  Tidds practice if the plaintiff do not declare against the principal within  two term after bail put in the bail will be exonerate and the principal on  fill common bail discharge Thomas Ashfield senior be arrest in London and sue  there in debt upon a obligation be remove by habeas corpus in the vacation  before Hilary term and put in bail one John warden king never declare upon  that bail but declare against Thomas Ashfield junior who be also bind in that  bind but no bail be file he recover a writ of error be thereof bring in the  exchequerchamber where this be assign for error and upon certificate so  certify it be now pray that this bail may be file for though Ashfield  junior Sed non allocatur for it appear upon the habeas corpus that it be take  for Thomas Ashfield senior and it can be alter then it be move that the  plaintiff may declare this term against Thomas Ashfield senior and it be  thereunto answer that it can not be for the course of the court be that none  shall declare against any by reason of a bill but within three term a after  the bail file and the course of the court be the law of the court therefore it  be refer to Mr broom the secondary to call all the clerk together and certify  what the course be in this point who certify the usage for twenty year and  more to be that no declaration shall be take upon any bail but within three  term after the bill file and that Lord Popham in his time and the court make a  express order accord for before his time the usage be often otherwise the  court here hold it to be a very good course and that it shall not be alter  wherefore because the plaintiff have not file a bill upon this bail in this  term which be the four term they appoint it shall be take off the file and  that the defendant shall not answer a see car saint c S will mary c salk croak  James er p