case penn case fishmonger may be indict for engross notwithstanding the  exception in Edward c and the indictment may be try at the same session of  gaol delivery it be find on issue join by the clerk of the peace justice of  gaoldelivery may order a jury to be return instanter for the trial of a  prisoner arraign before they post Keilw side hawk p c Bac Abr on indictment  the clerk of the peace shall join issue for the king and the entry of the  similiter in his name although it omit his office and authority be good cro  James Com dig case in crown law pen a fishmonger of London be indict at  Newgate session for that be ingross diverse kind of fish videlicet smell  whiting c she intention ad revendendum contra form to cause to stand unto this  he plead not guilty and the indictment be move hither by certiorari henden  sergeant move in arrest of judgement that by the express word of the croak car  er p Act of Edward c a fishmonger and butcher c be not say to be ingrossers  nor within the statute for engross if they buy only thing belong to their  trade for it be not the intent of the statute to restrain they it be necessary  and for the benefit of the subject that they shall buy such thing but the  court hold that although they be not within the statute for engross yet if  they regrate and sell at unreasonable prince they be express within it and he  be indict that he buy she intention dead revendendum contra form to cause to  stand and be find guilty croak car so it shall be intend that he ingross and  do not sell at reasonable prince and if he ingross and sell at reasonable  prince it ought to have be show to the jury upon the evidence as all the court  agree there be a proviso contain in the Act that one may take advantage by  give in evidence without formal plead thereof and forasmuch as he be find  guilty it shall be intend that he ingross contra form to cause to stand  wherefore rule be give that judgement shall be for the king against the  defendant unless other matter be show to the contrary upon the Monday follow  at which day Grimston move that the trial be ill because it be try at the same  session that he be indict which ought not to have be but to have have a venire  facias returnable at the next session and he rely upon Edward coroner say non  allocatur for it be the usual and common course to try it at the same time the  party be indict especial as this case be be at the gaoldelivery and the party  in prison vide Henry kelloway that trial before justice of gaoldelivery may be  the same day three he show that the entry be that the defendant plead not  guilty et de hoc ponil c et Johannes Michael who pro ring sequitur similiter c  and it do not appear by what authority he join that issue for the king  attorney or one that be in loco his ought to have join say non allocatur for  the say John Michael be the clerk of the peace in London and he be a officer  know to the say court where the indictment be take and it needs not to be so  mention in the record and the court here know it well enough wherefore it be  adjudge accord for the king