case near be case a convict who attainder be save by clergy can bring a writ  of error but he may move the indictment by certiorari and take exception in  the king bench raym hawk ld raym burr Bl Rep Bl Com vern in what manner the  caption of a indictment must allege the place at which it be take ante post  side keb I lev keb hawk strange dougl term Rep b r how the place where a  felony be do must he allege indictment of larceny must state that the property  be the good and chattel of c hale hawk Bac Abr Cas cro law William long be  indict at Norwich within the county of the city of Norwich of the felonious  steal of a piece of linen cloth and be thereof arraign and croak Elizabeth er  p plead not guilty and be find guilty and pray his clergy and be burn in the  hand upon information to the court that this indict of he be by practic and he  find guilty upon small evidence he obtain a certiorari to remove the whole  record into tl e c own office which be remove there be diverse exception to  the indictment to discharge the same for it be move that it may well have be  discharge by exception and there need not any writ of error to avoid it and he  can not have a writ of error as the case be because he be a clerk convict only  and not attaint for when he pray his clergy which be allow he there never be  any judgement afterward give and of that opinion be the whole court croak  Elizabeth the first exception be because the indictment be Sessio peace a  house queen tent at guildhall community predict c and community Norwich be in  the margin and it be not mention that it be a session hold for the county of  the city of Norwich and it may he that it be a session of the peace for the  county of Norfolk and then they ought not to inquire there of a fact within  the city second it be not allege that the guildhall be within the city say non  allocatur for it shall be intend to be within the city and it shall of  necessity be intend to be a session of the peace for the city only because  community Norwich be in the margin a second exception be because it be allege  qubd at Norwicum within the county of the city he felonious steal c and do not  show within what parish and ware of the city he do it c and it be allege as  the truth be that there be in that city twelve ware and twoandthirty parish c  vide Henry pl say non allocatur for the court take not any cognizance of such  parish and ware for it be but a surmise which they regard not and so be all  the precedent that the fact be allege at such a city without mention any  parish or ware a three exception because the indictment be qudd felonic steal  to be quandan peciampanni string cujusdam Antho Nixon prced draper ad  valentian c and do not say de good catallis cujusdam Anthonii Nixon as the  common form of the precedent be and therefore ill for a indictment ought to be  certain to every intent without any intendment to the contrary and here it may  be that this piece of linen be not the good and chattel of Anthony Nixon at  the time of his take of they but by he let out or deliver or pledge to another  and it ought to have be show who good catalla they be and it ought not to vary  from all other precedent and the court hold it to be a material exception for  the reason aforesaid and for that cause the indictment be discharge by the  whole court gawdy absentee and restitution award to the party for his good  seize for that cause