case peters who tam against white on a suggestion of conformity after verdict  for the plaintiff on Elizabeth c the court will allow the defendant time to  enter the plea action of debt upon the statute of Elizabeth c for twenty pound  a month for not come to church verdict for the plaintiff the defendant upon a  suggestion of conformity pray leave and time to enter such plea on the roll  which after some debate be permit by the court say they may demurrer thereto  but they not put it in the plaintiff for who I be of counsel enter his  judgement thereupon they in the vacation time petition my Lord chancellor  finch for a hearing complaint and shower KB there be a fiat for that only  however they get a fiat and a supersedeas d   f latch g the case of the mayor  of Launceston roll Abr h see Com dig vo edit franchise f shower KB er p and I  move for the quash of it for that if upon examination in this court it appear  that the hearing complaint lie not this court may quash it without force the  other side to demurrer and so be it do in the case of tovey v adais Bulst  which case they cite on the other side that bail may be take as it be in that  case there debt be bring on a single bill and after judgement the defendant be  in execution bring his hearing complaint and upon a single averment of payment  make he be bail and the plaintiff come into court and move for some remedy for  that such plea against a single bill be not good et per curian the writ be  quash and the bail take off the file and the party be in court take again in  execution and a attachment grant against the attorney who prosecute it for  that no hearing complaint ought to be allow but in open court a the venire  facias can be returnable in any other court than where the judgement be  whereof the party complain nor can nor ought a supersedeas to go till the  party and plaintiff be allow in this court and bail put in here they have tack  a supersedeas to their venire facias in the case of baker v chew Bulst where  on a suggestion in chancery on a hearing complaint they obtain a supersedeas  as they do here this proceed be censure and a great doubt be make if the party  be in execution shall be thence discharge by such a supersedeas whether it  will not be a escape et per curian this supersedeas be certain irregular but  the question now be if we shall upon take bail stay execution as to that I  urge that before allowance of the writ the court do always examine whether it  lie or no and so be the book as be the case also of Cowley v lydiat Bulst the  end of put in bail be to answer the condemnation if they do not prosecute it  with effect and then it be when the matter allege be doubtful and a issue to  be try concern some fact but here we agree the fact so as they pretend but we  say that ought not to binder the plaintiff of his execution and in all the  case that I can find they shower KB first argue whether a hearing complaint do  lie upon the suggestion they make for their venire facias before its allowance  by the court b whereupon the court say why shall it not lie in this case to  that I urge that as for the king part it can be never avoid by a hearing  complaint they must plead it and as to the other they can have no advantage of  it any way it be after judgement now as to the king part he have no remedy but  by petition and so be it in the case of Shoyle who tam v dr foster Bulst then  as to the informer part it can lie because the conformity be lie to be before  judgement and he may have plead it before judgement and it be a rule that you  shall never have a hearing complaint upon any cause whereof you may have take  advantage by plea c before judgement et per curian that be a true and a good  rule but your judgement be of Michaelmas term though sign the last day and so  as to purchaser it bind but from that day by the statute car c of fraud and  perjury yet as to this purpose it shall relate to the first day of term and so  their conformity be within the rule see the that of November be subsequent to  the judgement then I urge another rule that there ought to be some deed under  hand and seal as defeasance release or the like to ground the hearing  complaint upon dolben justice say that be true too but here be a certificate  under hand and seal of the bishop which answer that rule then as to the merit  of the cause he come too late for now it be become res P  a the penalty be  attach and there be a debt due to the informer which his executor may take  advantage of if he shall die by Elizabeth c S but note he be not within that  statute for it be before judgement also there the word be arraignment and  trial which refer to a indictment only we be a action of debt and by James c S  he can be help for we be a action not a indictment we be bring on the  Elizabeth c and not on that statute as the word of this proviso require it  shall be for the word be so indict in such a Bulst Bulst b Bulst more c Mod  salk will shower KB er p manner and form as if this Act have never be make now  our action shower KB will have hold good if that Act of parliament have never  be make and there it be receive the sacrament so that he can never take  advantage of the clause in this Act unless he receive the sacrament which he  have not do also by James c S which be the large and most beneficial clause  for conformity and most insist upon of the other side in these word that if  any that be or shall be a recusant shall submit or conform he or herself and  become obedient to the law and ordinance of the church of England and repair  to the church and continue there during the time of divine service and sermon  accord to the true meaning of the statute in that behalf in the say late queen  time make and provide that then every such person for and during such time as  he or she shall continue in such conformity and obedience shall from  thenceforth be free and discharge of and from any the penalty and loss which  the same person may otherwise sustain or bear in respect or by reason of such  person recusancy this can help he for these reason first the word be plain  relative to former law and those law say before judgement second it seem  design to discharge a conform recusant from the incur penalty and no more  three it must be during sermon which his certificate reach not to and it will  be a absolute discouragement to all such suit if after the presenter have be  at so much charge as to bring it to a determination and prove that he have  forfeit a hundred pound for a offence and the court judge so to and yet upon a  strain construction he shall be strip of all the fruit of his action Mr  pollexfen pray time to speak thereto the court bid he move at pleasure but in  the mean while the defendant compound the matter and give my client sixty  pound and there it end