case garret against dandy in debt on a bottomry bind to pay money and perform  covenant the defendant be not bind to put in bail by the statute James c on a  writ of error on the judgement SC comb debt on a bottomry bind with a special  condition to pay three hundred pound with interest at the return of the ship  prudent in thirtysix month with thirtytwo pound a month for every month after  if not lose or cast away before and also to perform covenant and agreement in  a certain write or bill of bottomry make the same day the defendant crave oyer  and plead the statute of usury the plaintiff reply non corrupt to be agreatum  the defendant demurrer judgement for the plaintiff Writ of error be bring in  the exchequer Chamber Tremain sergeant move for liberty to take out execution  no bail be put in accord to the statute I oppose it and move for a supersedeas  a writ of error be bring and allow for that no bail be require by the law in  this case the statute of the queen do not reach to it for there it be only a  injunction on the chancery to take it the statute of and car c S do only make  that of James c perpetual and enlarge it in no case but after verdict and so  our case be out of that and within none but the James e in any action or bill  of debt upon any single bind for debt or obligation for payment of money only  or upon any action or bill of a the case be thus there be several partowners  of a ship and the major part of they agree to send her on a voyage to sea but  the rest disarm whereupon the great number accord to the common usage in such  case suggest in the admiralty court the disagreement of their partner and then  accord to their usage there they order certain person to appraise the ship who  accord set a value thereon and then the major part who agree to the voyage  enter into a recognizance wherein they bind themselves joint and several to  the disagree partner in a sum proportionable to their share accord to the  value set by the appraiser c which be usual do in that court to secure the  share in the ship of those who disagree to the voyage against all adventure  Parry one of the disagree partner take out a to know facias upon such a  recognizance enter into by knight and sentence be have against he in the  admiralty court from which he appeal to the king in chancery and a commission  of delegate be actual take out knight now move for a prohibition for that  since a admiralty court have no jurisdiction in this case all be do in person  non judge SC Carth b the report of this case in Carth and comb say that the  whole court be of opinion that the admiralty court have no jurisdiction in  this case the recognizance or stipulation on which the suit there be find be  do upon land and therefore that the prohibition be grant but see the case of  grave v hedge holt Lambert v Airetice viner Abr pl ld ray blacket v Ansley ld  ray Dimock v chandler stram Ouston v Hebden will contra see also Menetone v  Gibbons term Rep and smart v Wolff term Rep shower KB er p debt for rend or  upon any contract now we be within none of these it be not for payment of  money only but also for performance of covenant and for this there be express  authority as in Michaelmas term car in the king bench in the case of Callwood  v Ballard a Mr Coleman pray execution in debt upon a obligation to perform  covenant in a indenture performance plead breach assign in nonpayment of rend  verdict for the plaintiff and Coleman move that execution ought to go unless  the party put in bail and wile the king sergeant oppose it this rend come in  by the way of collateral breach and the action be not debt for rend or for  money only but for performance of covenant even in debt on the indenture if  the breach be on reservation of rend there must be bail but not in any  counterbond to save harmless or debt for a penalty in any article indent et  per curian execution stay without bail keb in the case of Vernett shower KB v  Debushe in Trinity term car in the king bench judgement in case on a bill of  exchange bail not require because the word of the statute be debt and it be  not to be enlarge but rather retrained a in mich term James in the case of  gilling v baker b a bind for performance of covenant debt upon a arbitrament  be hold to be out of the statute and debt for arrearage due upon account hold  not within it as be the principal case in Bulstrode in Trinity term there be a  action bring upon a bind with a condition to pay perform and keep all covenant  in a indenture the defendant plead performance and demurrer general and  judgement for the plaintiff and no breach assign for nonpayment of rend but  only a general demurrer because there be negative covenant in the indenture of  lease and on a writ of error it be hold in the court of common plea by north  chief justice Ellis Windham and Charlton justice that there need no bail this  be upon debate a note of it I have from Mr Goodall then clerk of the error who  note the case but not the name in easter term car in the king bench in the  case of the dean and chapter of Paul v capel the like rule c I have a copy of  the rule for a supersedeas on sir William wild motion for a writ of  supersedeas and restitution execution be take out for want of bail beside all  this the reason of the law be with we for the intent of the statute be to  require bail where the cause be plain as in case of payment of money only d  but in other matter as covenant there be more nicety in the law as to plead  and judgement may be bad against another upon point nice and difficult and  therefore such case be not mention but admit beside at the commonlaw a writ of  error be in its own nature a supersedeas and foreclose the hand of that court  where the original judgement be give by a removal of the record and therefore  this statute which be introductive of a new law ought not to be construe by  equity or extend further than the word do reach and it have always receive  such a interpretation as the case I have cite do evince the court take time to  consider of it and look into the case and afterward declare their opinion that  no bail be needful and give rule for a supersedeas which my client have accord