Bulstrode pit plaintiff against WEBLY defendant a prohibition on statute of h  cap Cr in a prohibition pray upon the statute of h cap for be cite out of the  diocese contrary to the statute dodderidge justice there be diverse exception  in this statute the verity of the case appear to be this one be arrest by the  sergeant of the mace as he be come from church from the sermon upon this be  libel against he in the high Commission court they there allow the cause of  the arrest but for the contempt they do give he cost note that this be not  upon the Sunday Henry Yelverton move the court for a prohibition as to the  cost there assess croak justice to go Of persons to and from the church a man  be not to be arrest the statute of r cap provide against arrest in time of  divine service one be arrest come from church the party which do this be  excommunicate for the same Henry Yelverton if a constable a officer of the  king do arrest one upon a process to he direct and this for the king and the  arrest after evening prayer and for this he prefer a lible in the spiritual  court against he and they will there excommunicate he for this this be very  hard and not sufferable a prohibition be pray in this case upon the statute of  h cap the court demand whether they have know any prohibition former grant  upon a suggestion ground on this statute man secondary make answer that he  never know of any Henry Yelverton then make answer that they will not rely  upon the statute but will ground their surmise upon the fact it self be the  excommunication for this hereupon the court advice he to do so be their best  way croak justice the statute of r cap prohibit arrest in time of divine  service not to be to go nee Of persons on the Sunday Henry Yelverton this  statute prohibit arrest to be between party and party but this case here be  between the king and the party he be rrested for the king croak justice matter  of necessity may be do on the Sunday there former happen to be this case a man  be arrest on the Sunday for debt in London a rescous be make and in this  rescous a sergeant be kill this matter come afterward to be question Bulstrode  er p and resolve this arrest to be lawful and the fact in kill of the sergeant  to be murder afterward the counsel for the plaintiff in the prohibition do  relinquish their surmise upon the statute of h cap of his habitation within a  peculiar diocese and be sue out of this and do frame the suggestion in this  manner that pit have a warrant from a justice of peace and serve this after  divine service end upon Webly without any tumult at all he only show this unto  he and for this he libel against he before the high commissioner and for this  he be convent before they and upon this a prohibition pray this beinor in a  case concern the king the party be not to be punish for this the statute of e  cap and r cap prohibit arrest in time of divine service these statute be where  the matter be between one common person and another but not where the same  concern the king and a common person as in this case here it do here he have a  warrant from a justice of the peace and this form the king this concern the  crown he come to serve this and so do this arrest thus make be at the suit of  the king and for the peace and this be a temporal thing the court seem to be  clear of opinion that here as this case be there be just cause to grant a  prohibition but Bulstrode give a further time to be again move herein for  their judgement in the meantime the party agree between themselves and the  court not move again herein