case BAYNUM against BAYNUM January it be usual to discharge person commit for  want of surety on article of peace or supplicavit at the end of a year if  nothing new happen see clavering case p W ex part Grosvernor p W see king v  king post and note there No entry in l r defendant be under confinement on a  supplicavit at the complaint of his wife until he find security for his  behaviour himself in pound and two surety in pound each and have continue  there for want of surety during three year and for the last two year a close  prisoner move on the d instant to be discharge and precedent be direct to be  search it come on again this day and on his behalf it be say that it will  otherwise tend to perpetual imprisonment and several precedent be cite of  person charge with article of the peace in the king bench and commit be  discharge at the end of one year videlicet the king v girdler the king v bilby  note the court of king b have the power on article of the peace of require  bail for such time as they shall think necessary and be not confine to a  twelvemonth king v bow t r on the other side it be say the court will be  determine by the behaviour of the person complain of and the court can  sufficient judge of his inclination while he be under confinement and restrain  from do any harm a affidavit be read to show he be of the same turbulent  disposition that on Mr h serve he with the order of this court about two year  ago to show cause why he shall not be close confine he abuse and beat he  extreme a affidavit be also read that before his close confinement he make two  or three visit to his wife and once in particular beat and abuse her before  several person ambler Lord Hardwicke c security for good behaviour be require  on different foundation as supplicavit in this court or on article of the  peace in the king bench or by judgement of some court that inflict  imprisonment and the find security for good behaviour for a time afterward on  the two first the require surety ought not to tend to perpetual imprisonment  ambler er p in the case of a judgement it do unless the party find surety c  which be part of the judgement it be the rule of this court in case of  supplicavit and also of the king bench in case of article of the peace at the  end of a year if nothing new happen to discharge the party vide ex part king  in Ch Jan exception to this rule post it may happen he can find person to be  surety and be commit and then there can be that experience whether his temper  of mind be change but yet the rule be it shall not tend to perpetual  imprisonment and therefore there have be such case as be mention and the party  discharge at the end of the year on no new circumstance appear note the  defendant have be under confinement for three year for want of surety the  court lessen the security ex part sir Richard Grosvernor wms Fitzherbert the  present be a sort of mix ease it have not be such a absolute confinement as  those in the king bench because he be at first suffer to go out of prison  therefore I shall take the same method which Lord king do in mrs Edward case  and reduce the security to pound himself and the surety to pound each and on  give that security order he to be discharge as on the writ of supplicavit the  editor have not be able to meet with any entry in lib Reg of the order state  in the text to have be make in lib Reg a foe there be a entry of the order  upon the writ be grant as follow that Feb on the behalf of Eliza Baynham wife  of Thomas Baynham upon open the matter this day in court and upon produce  certain article of misdemeanour exhibit against the say Thomas Baynham her  husband and attest by the oath of Eliza Wilson and upon hear the same read it  be order that a special supplicavit do issue accord to the stat in that case  make and provide and the security to be take thereby as to the say Thomas  Baynham be to be in the sum of pound and he be to find a surety who be to give  security in the sum of pound in lib Reg a foe there be a entry bear date d  November which after state the order above give go on to say that the say e  Baynham have after apply to several of the justice of the peace of the city of  London in order to procure a warrant on the say writ of supplicavit so as to  oblige the say Thomas Baynham to find security or to have he commit accord to  the tenor of the say writ but that the justice have refuse to comply allege  that as the say Thomas Baynham be a prisoner in the fleet prison they have not  power so to do yet that as the say Thomas Baynham have the rule of the say  prison and also the day rule in term time the say Eliza Baynham apprehend  herself in the same danger of be murder hurt or damage by the say Thomas  Baynham as if he have not be a prisoner and therefore pray that the say Thomas  Baynham may be effectual charge in the fleet with the say supplicavit and keep  a close prisoner and deprive of the benefit of the rule in case he refuse to  comply with the tenor of the say writ which upon read the affidavit of Thomas  Strangaways and Eliza Baynham be order accord unless the say Thomas Baynham  have notice hereof shall on Thursday then next show to the court good cause  accord on that December follow the time for show cause have be from time to  time enlarge and no cause have be show the order of d November be make  absolute see lib Reg a foe