case villiers sheriff of the county of Leicester against hastings Hilary term  James roll a declaration in debt for a certain sum on a bind give to a sheriff  be good although the condition be to answer in a plea of debt general f n b b  Plowd   Leon Savil cro Elizabeth lie Jones Mod vent fort stram Bac ab Cowp  Dongl to Rep previous to the car c the sheriff may take bail for appearance in  any sum he please Mod salk Yelv Com dig debt upon a obligation of one hundred  pound the condition be if George row appear in the common plea a die Paschae  in quindecem a day ad to answer thomae Allen in plea debt is owed quod tunc c  the defendant demand oyer of the obligation and condition which be enter in  haec word he plead the statute of Henry c and that upon a capias out of the  common plea to take the say George row ad to answer thomae Allen in plea debt  is owed of three hundred and twenty pound by virtue of the say writ the say  George row be arrest and imprison until he enter into the say bind so it be  not make accord to the statute and therefore void it be thereupon demurrer and  move that this bind be not warrant by the statute first because it be not  mention that he shall appear ad to answer in plea debt is owed nor be it  accord to the writ ad reddendum ei three hundred and twenty pound for in debt  is owed general be uncertain because it may be in a annuity or rational will  do you much good or c also the sum ought to be show accord to the writ that  the party may have cognizance to what purpose he be to answer say non  allocatur for the statute be intend only to repress extortion and fraud in  sheriff and do not prescribe any strict form of the bind but it ought to be  make to he only by the name of his office and ought to express the day and  place shall pay to the say William freeman in consideration of the say debt  long due and for his great cost in that part sustain the sum of twentytwo  pound the objection be that the award be for the benefit of one party only but  the court resolve that the award be as well of the one part as the other for  the one receive money and the other be discharge of his debt and of his  promise to pay it see   croak James er p of his appearance and these  circumstance be observe although it be variant in other circumstance it be not  material but be for the sheriff profit in oppression of the people the bind  itself be make void by the say statute wide mary dyer Elizabeth dyer croak  throw a second exception because the obligation be for a hundred pound be for  a appearance only whereas it have be adjudge that a obligation of forty pound  for a appearance be sufficient and shall excuse he in a action upon the case  for suffer one to escape be before take upon a mean process and therefore the  take of a great bind be extortious and void within the statute for if he shall  have such liberty he may take bind of a thousand pound and so oppress the  people say non allocatur for the statute do not restrain he to any sum or any  surety for he may take one or two or more surety accord to his discretion and  when it be only for the appearance of the party he may take what sum he please  to force the party to appear and although it have be adjudge that the take of  a bind of forty pound be sufficient to excuse he for a escape because by the  statute he be enforce to let he to bail yet non sequitur that he shall be  restrain from take a bind of a great sum a wherefore it be adjudge for the  plaintiff