ARCHBOULD v burrell jurisdiction of chancery be maintain whereas the say  defendant come up upon choice case in chancery attachment of privilege at the  suit of the plaintiff be one of the clerk of master dr Carew one of the master  of this court and be this day accord to a former order in that behalf make  bring into this court by the warden of the fleet man to put in such bail as by  the ancient privilege of the court be require allege by master Serjent  Anderson and master Broughton be of this Council that where in her majesty  bench and other court at commonlaw the bail or mainpernours by bring in the  body of the party condemned be excuse the now plaintiff do not only require  four special mainpernours of the defendant where two only may suffice but will  also have they bind by recognizance simple to pay sum of money as he shall  recover in this suit without this disjunctive clause videlicet or to bring in  the body of the defendant and therefore desire the plaintiff may accept of two  mainpernours only to be bind either to pay such sum of money as shall be  recover in this suit against the defendant or else to yield the defendant body  to prison nevertheless for as much as they be show forth diverse and sundry  ancient precedent of bail take in like case as aforesaid as well of old time  as of late time whereby it general appear that four special surety for  mainpernours and the party also be bind to satisfy to the plaintiff both  damage and cost to be adjudge and to appear from day today donee until what  time c with which precedent the civil law as diverse of the master of the  court affirm do in that point concur videlicet that the bail and choice case  in chancery mainpernours be to pay the money receive and not to be excuse  thereof by the yield of the body condemned it be therefore order that accord  to the ancient custom and form for the infringe whereof no sufficient matter  can be show by the defendant council the say defendant shall be forthwith bind  himself in pound and four sufficient mainpernours in pound apiece by  recognizance to the plaintiff to satisfy unto he both such damage and cost  also as shall be adjudge unto he in this suit or action and to have the body  of the defendant in court and that he shall appear from day today while until  what time c as by the say bail or recognizance take in open court this present  day it may appear John Archbould plaintiff William Burrell defendant year  Elizabeth