ccxxxi SAVACRES case a writ of error be bring by Savacre and the bishop of  Gloucester m and Elizabeth upon a judgement give in a quare hinder for the  queen and error assign a attachment be award against the defendant in the  quare hinder returnable Quind pasch at which Savacre appear and cast a essoin  and notwithstanding that a distringa be award against they both return Crast  Trin and the award the distringa be erroneous for the essoin be as a  appearance for to save c and therefore against he no distringa ought to have  be award and upon allege of diminution the record of the essoin be certify for  the same do not appear upon the plea roll the record be Self in misericord and  so both of the defendant be amerce for the default of appearance Quind pash  whereas Savacre be then essoigned and so no cause of amerciment of he coke the  original writ be here sue mic Elizabeth returnable Quind Hillar and then both  the Leonard er p defendant make default for which a attachment be award  returnable Pas and then Savacre appear and judgement be give quod Self to be  in misericord in which point the error be assign but I conceive that it be not  error for upon the attachment the party ought to put in surety for their  appearance and the say surety take upon they that the defendant and each of  they shall appear and if they or one of they make default the surety shall be  amerce and so here this judgement therefore Self in misericord shall refer to  the surety not to the party for the defendant shall not be amerce until the  end of the suit and but once only in one action which see book of entry where  there be but one defendant and therefore if the amerciment shall refer to the  defendant then it shall be therefore ipse not Self c and that be the reason  wherefore neither the queen nor a infant shall find pledge for no amerciament  shall be upon their default therefore in vain for they to find pledge c and if  the pledge be amerce where they ought not to be amerce by the law yet the  defendant shall not have error upon it for be be not the party grieve by that  amerciament and upon this reason it be that in a to know facias against the  bail if erroneous judgement be give against he the defendant in the action  shall not have a writ of error the award of the distress upon the roll against  both where the one of they only make default be not error especial as this  case be for though that one of they be essoigned until the day aforesaid yet  at the say day they make default and so the distress be well award against he  and although that the writ be ill award yet when they appear Cr Trinit at the  day of the return of the distress all mean default in the process be save and  so the misawarding of the distress by appearance afterward be supply as e the  law require that in a action ground upon the statute of praemunire e the  defendant have warning by two month yet if the defendant have not have such  warning appear the process be well enough so e where upon any Leonard process  the defendant appear although the day of appearance be not lawful yet the  party shall be put to answer and see many case there to the same purpose and  such be the opinion of the court in the principal case and as to the second  error that the judgement therefore Self in miseric shall be refer to the  surety only and not unto the party and that the defendant shall be but once  amerce in one action the same be true that be shall be but once amerce for one  default but if many default be the defendant shall be several amerce for every  default and it shall be unreasonable that the surety shall be amerce and that  the defendant who be as principal shall go free see the book of entry Self  pledge Himself in pity c ante mich Elizabeth in the king bench