case ex part Goodwin Lord chancellor Aug a bankrupt have his certificate allow  and have slip his time of plead it at law to a debt precedent to the  bankruptcy be e a to be relieve in equity the petitioner Goodwin complain that  although he have in every thing conform to the statute make against bankrupt  and have his certificate allow yet Mr Arthur turner have take he in execution  and detain he in prison for a debt due before his bankruptcy and the case  appear to be that Mr turner have lend Mr dibble pound on bind and the  petitioner Nicholas Goodwin the scrivener be bind as his surety and Goodwin  have a judgement against dibble for pound promise Mr turner when he levy his  own debt he will pay Mr turner but fail so to do and dibble be also fail Mr  turner bring his action against Goodwin on his bind then a commission of  bankrupt issue against Goodwin June be the last day of Trinity term a rule be  give for enter up judgement and on June goodwin certificate be allow Mr turner  by the rule of the court of king bench be at liberty to enter his judgement  either of Trinity or Michaelmas term sign judgement as of Michaelmas term and  consequent this be a judgement subsequent to the certificate be not within the  Act of parliament Vernon chancery case er p the matter have be several time  argue at law and Goodwin can have no relief there and therefore now seek to be  relieve by petition to the Lord chancellor it be manifest the intention of the  law that all debt due before the bankruptcy shall be discharge it be say this  be a art and contrivance to evade the statute by enter Vernon chancery case  judgement as of Michaelmas term when judgement be pronounce in Trinity term  per cur a court of equity be not to alter the law the statute be bind in  equity as well as at law and if the judgement be good at law it can be set  aside in equity but it be agree that Goodwin may have plead his certificate  upon the roll and have prevent the judgement from be enter up and have neglect  so to do it be his own default Mr cook say the certificate discharge the  bankrupt from all debt both joint and separate that may have be prove under  the commission therefore it discharge a bankrupt from a debt accrueing before  the act of bankruptcy though judgement be not obtain till after the  certificate allow cook bank law Vol but it be presume he must mean if in such  case the certificate be duly plead as he cite the principal case among other  as a authority the case of Plackall v comb p wms also cite by he be different  from this and be at first determine by the master of the roll against the  bankrupt though afterward upon the circumstance of the case reverse by  Macclesfield Lord chancellor and in that case the proceed at law be on a  cognizant fac after certificate on a judgement obtain against the bankrupt  before the certificate and four year have elapse between the judgement and the  to know facias on the whole it appear that the principal case be pure a case  of mispleading and that the law on this point be at this day as lie down above  and in the case cite in the note to the anon case ub begin and a court of  equity be not to relieve either mispleading or where there be a neglect and  want of plea or no proper plea put in time and it be also agree that Goodwin  can not be relieve at law upon a audit a complaint this be a writ now almost  grow out of use since the court have be in the habit of grant summary relief  after judgement upon motion for the learning relate to it vide Tomlins James  law Dict title audit a complaint and the reference there because he have a  opportunity and may have plead his certificate before the judgement be enter  up and upon produce of some precedent where bankrupt have be relieve against  judgement obtain against they they do not come up to the case in question and  the petition be dismiss for Mr turner two case at law be cite Bailey versus  Robinson Trin Ann banc Reg judgement be enter against a bankrupt upon a  warrant of attorney and he take in execution during the time that his  certificate be refer to the judge and although it appear that the debt be  discharge by the statute of bankrupt yet the court will not discharge he but  put he to his audit a complaint and the case of Grumby versus smith h Ann Ban  Reg a man put in special bail to a action and the plaintiff have judgement  against the defendant by default the bail surrender the defendant it be move  to discharge the defendant because he have listen himself a soldier after the  bail put in and before the judgement but refuse per cur in the sheriff of  Middlesexs case raym the court say the Act pound and cap io work by way of a  supersedeas to any process to be issue against any person listen and that if  the sheriff shall arrest such a person he will be liable to a action for false  imprisonment Vernon chancery case de term S michaelis in curian porter