case Elizabeth hargrave against richard rogers debt lie on a recognizance of  bail and by the practice of the common plea where the action be remove by  habeas corpus bail shall be give before the action be depend in court ante in  remove a judgement to b r it be not necessary to say whether it be reverse or  affirm ante Cowp return of capias not material in cognizant fa ante surrender  debt for sixty pound for that he and John Woodbridge and William Roger in  Michaelmas term Elizabeth in the common plea et who the dawn manuceperunt et  who the dawn manucepit videlicet the say Williain Roger in one hundred and  twenty pound and the say Richard Roger and John Woodbridge in sixty pound that  the say William Roger within eight day post admonition Himself by the say  Elizabeth or her attorney give shall appear before the queen justice of the  common plea by himself or attorney upon a action of debt of sixty pound to be  sue by the say Elizabeth against the say William Roger before octab hilarii  next croak throw follow and there to answer and if he be condemned to satisfy  her the say debt and damage or to render himself to the fleet which sum of  sixty pound uterque manucaptorum recognovisse to be levy of his land and  chattel c and allege in fact that November Elizabeth she bring a writ of debt  of sixty pound out of the chancery against William Roger returnable in the  common plea octab Martini follow and that she give notice thereof to the say  William Roger November Elizabeth and that at octab Martini the say William  Roger appear and the sheriff return the writ serve and that she at the say day  declare against William Roger in the say action et in such a manner in eaden  curian process to be that judgement be give thereupon against William Roger  and a capias award against he and he do not render himself to the fleet nor  pay the condemnation nor show that the record and bail be remove into this  court by a writ of error unde action to grow progressively the defendant plead  quod non devoted to admonition juxta form et execution recognitionis the  plaintiff say quod devoted to admonition c and thereupon they be at issue and  it be find for the plaintiff it be now allege in arrest of judgement that this  mainprize or recognizance be not well take to have a mainprize before a action  brought But the court say it be the course to take such recognizance where the  cause be remove by habeas corpus and this court ought to take cognizance of  the course of the common plea second because it be allege that this record be  remove by a writ of error and it be not express whether it be reverse or  affirm say non allocatur for it be but a inducement to the action et non  refert how it come hither videlicet by mittimus out of the chancery which be  the usual and best course or otherwise for be here it suffice to ground a  action thereupon three because he do not show whether the capias be return or  not say non allocatur for the award of the capias be but ex gralia curiae and  not material whether it be awan ed or not fourthly it be allege he do not  render himself to the fleet whereas it ought to have be to the Marshalsea the  record be here say non allocatur for the render ought to have be in the court  where the judgement S wherefore it be adjudge for the plaintiff croak James er  p in the common plea