castle for Bambridge and Corbet how far the court will bail a man in a appeal  of murder Bambridge have be indict for the murder of the plaintiff husband and  there upon be acquit at the old Baily upon this the plaintiff bring a appeal  against he by original and charge he with it while he be there in custody and  make Corbet a defendant with he in the action this be the day of the return of  the writ and Bambridge be now bring up by habeas corpus to which writ the  sheriff of London return that they take he in custody upon the appeal and  bring he here accord and to the writ of appeal they return that they have take  the defendant body and that they remain in their custody the defendant counsel  move now that the return to the writ of appeal may be file Barnardiston king b  er p and that the defendant may be bail for there be a material fault in the  writ the writ recite because maria castle an unmarried woman to make thou ax  de warcry his to follow per a b of such a place and t d of such a place now  the counsel say that they have a affidavit to produce from these very person  that they have neither of they give these pledge and therefore the sheriff  have no authority to take the defendant in custody they do allow that security  may be give to the custos narrow places in the name of the king before the  issue out of the writ and that will be sufficient warrant for he to issue it  forth equal as if the security be give to the sheriff but they say one way or  other real pledge must be give and there be two form of these writ which  evident show it one be because a to make our ax the other si a to make thou ax  but the counsel observe that the form of the present writ be in neither way  and therefore it be have too upon that account they say they have take these  same exception in the court of chancery and apply for a supersedeas upon this  very affidavit but the Lord chancellor tell they that to make may have a  future construction and relate to the sheriff and therefore they may take  advantage of this exception more proper upon the return but the court in the  first place say that they think the habeas corpus whole unnecessary for the  sheriff of London be bind to bring the defendant up to Westmin Barnardiston  king b star upon the return of the writ of appeal they say too that the  sheriff ought to have return prepare to have and not remanent in custodian and  for this contempt in not obey their writ make a rule for a attachment unless  they have both the defendant here upon it to morrow then as to the exception  to the writ they say the only thing require by the law be that pledge shall be  find and at present they be to take it for grant that pledge have be find  because they think the word to make can only have a preterperfect construction  and they say they never know that a fact suggest in a writ can be falsify upon  motion but however they say if pledge be not yet give they certain will permit  they to be give now nay even at any time before judgement and that  notwithstanding the present proceed be by original for they can see no  difference in this respect between its be by original and its be by bill  notwithstanding the counsel endeavour to make one the court accord refuse to  grant the motion upon this foundation the appellant be order to come forth in  person and have her appearance record the sheriff then amend their return and  bring Corbet into court too upon which both the defendant be bring to the bar  and there arraign in French the next day the appellant be call again and then  both defendant put in a plea of not guilty upon double stamp which be require  to be do before the court will receive it and the plea be read in French and  issue join in the same manner the defendant then pray a speedy trial but the  court say there must be fifteen day between the testae and return of the  venire and fifteen day between the testae and return of the habeas corpora as  the fact be lie in London and the proceed be by original and the appellant  counsel will not consent to have the original now quash and to proceed by bill  upon which the appellees pray that they may be bail in the mean time and their  counsel cite the case of Armstrong and Lisle salk and many other where the  like have be do but the court say that case by no mean come up to this for  there the defendant have be before convict upon a indictment and clergy allow  and that case they say be not within the benefit of the statute of Henry c so  that the appeal be absolute bar but however they think there be sufficient  foundation still to bail Bambridge because he have be already acquit upon a  indictment to the satisfaction of the judge who try he and where that be the  case they think this court ought to give that regard to the verdict of twelve  man as to dismiss he upon his find surety for his be amenable to they but  however they say there be no such favourable circumstance offer in respect of  Corbet and therefore as it stand indifferent whether he be guilty or not they  think this court ought not to bail he for their discretion ought not to be  influence by inclination or will but to be direct by former precedent and  resolution and they know of none where this court have go so far the question  then be how many bail be ne Barnardiston king b cessary for Bambridge to give  the court say that wherever a criminal proceed be original against a man on  the Crownside or remove up there by certiorari the Barnardiston king b er p  court always require four bail but wherever the proceed be on the civilside it  be otherwise and therefore they admit that if the appeal have be lodge at  either of the session in London that have intervene since the acquittal and be  remove up by certiorari they shall have require four person but then when the  bail offer to justify the court say that there be no bailpiece and therefore  they can not allow they though it be otherwise on the Crownside but a  bailpiece be immediate send for the court say it be their duty to examine into  the circumstance of the bail though they shall bind they corpus pro corpore  accord they insist that they shall both justify in apiece and though it be  object against one of they that he be already bind for Bambridge in a  recognizance of yet the court say as that be not break it ought to be consider  as no debt upon he upon this the bail enter into a recognizance body for body  but in no sum certain that Bambridge shall appear in person tomorrow air and  Corbet be commit to the marshal salk Mod