Barnardiston king b bishop and Stacey how far law proceed shall be say to be  proper put into English or not within the meaning of the statute of Geo in  debt upon a recognizance there be a special demurrer to the declaration and  two matter show for cause first that in this declaration which be in English  the plaintiff be say to bring his bill against the defendant be in custody of  the marshal of the king bench whereas the form of the Latin declaration use to  be in guard mark maresc in cur domini king in person Self ring second that it  be say he bring his bill general without say in proper person or by attorney  guardian or prochein any and Mr Cay now argue in support of these exception to  the second he say the authority of Roll s Abr be express that in the case of a  defendant it must be set out whether he appear in person or by attorney by  guardian or prochein any and he submit it there be equal reason it shall be so  in the case of a plaintiff to the first he do agree that in common speech the  marshal be call the marshal of the king bench but in plead the strictness of  the style of his office must be set out Mr Dennison argue on the other side he  say he do agree that where it be set out that the plaintiff bring his bill per  attornatum suum or per cut attornatum suum that be bad because the plaintiff  admit that he bring his bill by attorney and have set out that imperfect but  in the present case he apprehend that it shall be intend he bring it in proper  person and therefore submit it that that exception be answer to the other he  rely upon salk and and submit it that the style of the office of the marshal  be as legal describe by the name of the marshal of the king bench as by that  of the marshal of the Marshalsea and by the authority of those two case which  he cite if the style of his office have be set out by the name of the marshal  of the Marshalsea that will have be good he observe far that throughout the  statute of W this officer be call marshal of the king bench prison and  therefore submit it that that be at least as proper a description of his  office as the other however the court say that for the cause assign they be at  present incline to think that the declaration can not be maintain but order  the matter to stand over