case Elizabeth CLAXTONS case the be find in a disorderly house be not of  itself sufficient cause to bind the party to her good behaviour Elizabeth  Claxton be commit to the new prison by justice very there to remain till she  find security for her good behaviour for be take in a disorderly house a be  bring up by habeas corpus her counsel move for her discharge first because  that be take in a disorderly house be no reason to require surety of the good  behaviour for that any honest person may accidental be there and know nothing  of its be such a place quod to be concession second that in case it be cause  yet the commitment be to a illegal gaol videlicet the new prison three that in  case a woman be take in a disorderly house be reason to take her for a lewd  woman and so within the jurisdiction of a justice of peace by the Elizabeth c  yet the way be to send her to the house of correction but not to require  surety of the good behaviour of her holt chief justice it be not true to say  that every one that have not a visible way of live shall be liable to find  surety of the good behaviour indeed if one a see Mod ld ray brown c c b see  vent vern Chan case Peer wms Com dig chancery d a but see contra the case of  Bentley v cook cite term Rep Davis v Dinwoodi term Rep Anonymous stram William  v Johnston stram Kerslake v shepherd Espinasse dig hill v hill stram Barker v  Dixie b r h a see the statute of Edward c Inst hawk p c that edit S c holt ch  S modern report er p live extravagant and high who have no visible way of get  it may be reasonable to inquire how be life but if a man live in a reasonable  quiet manner it be hard to hold he to it but lewd and disorderly person may be  hold to the good behaviour or commit to gaol or they may be send to the house  of correction but what be it make a lewd person it be not be catch in a house  of bawdry or a disorderly house at a seasonable time and though a justice of  peace may be a judge of who be a lewd and disorderly person and therefore if  the commitment have say that it have appear to he that this person be such we  will have take his word for it yet when be assign the reason of his judgement  and we find that reason will not maintain it we be not to modern report regard  his judgement and as person of ill behaviour be to be punish so great care be  to be take of the innocent and be remand and bring up again at another day  several affidavit be read of her lewdness whereupon the court quash the  justice commitment and order a rule to be draw for her commitment to the  marshal thus because it appear to we that she be a lewd woman and a frequenter  of bawdyhouse therefore she be commit till she find surety of good behaviour  and holt chief justice quote Henry c that a constable may commit lewd woman  till they find surety and neighbour be bind to assist