at the returnday of the habeas corpora the the sheriff do not return the writ  still if the jury and defendant appear and the plaintiff do not he shall be  call and nonsuit in c b if a jury appear at the day of the return of the  habeas corpora or dstringas and the defendant also and the plaintiff do not  appear nor any writ be return still the plaintiff may be call and if he do not  appear he shall be nonsuit for the party have a day by the roll and this by  all the Prothonotaries and Lennard chief clerk of the bench by common practice  but it be much doubt in b r h S c be repeal by Ph m c as far as relate to  trial for treason do within the realm dyer the opinion of the justice of both  bench be that the rebel from the north who be here in the tower and have  acknowledge their offence before three of the council shall not be indict and  try here out of the country accord to the statute h Ec for this be repeal as  to treason by p m e notwithstanding the opinion of Stamford in his book tfol a  but they may be indict in the country where the offence be commit and the  indictment remove into b r or before the justice of oyer and Terrriner in the  county of middle sex and if they plead not guilty the trial shall be by man of  the county where they be indict or by the freeholderq who live here and out of  the country as be do in the case of S and S in the time of queen mary in cur  Wardorum conveyance by the king tenant in chief in consideration of natural  affection to collateral relation be not within h c as conveyance to childrenq  child be the queen tenant by knightservice in captte in consideration of  natural lore and affection to his kindred and blood without any dyer a er p  money or any other recompense give dispose or assign by a act execute in his  lifetime all his land to and for the preferment of his uncle or of the child  of his brother or of any other his cousin lineal or collateral and afterward  die whether the queen in all or any of the aforesaid case shall have the  wardship a or primer seize as the case require or the three part of the same  land either by these word of the statute h c S preferment of his child payment  of his debt or otherwise at his mill and plecrsbre or by the meaning and  equity of the statute because that such affection and consideration excite  this gift as excite gift to child and in meeting of all the judge at sergeant  inn it be hold by Onslow attorney of the ware Wray and Barham the queen  sergeant Harper justice Welsh justice sander chief baron and dyer chief  justice of the bench that childrenq child and so on descend in a right line be  within the statute c and this by the word in the preamble S generator family  child and posterity And Dver also think that collateral cousin shall be in the  same predicament but Kayleway surveyor of the livery Carus Southcot Weston and  Whiddon justice contra in both point c and Catlin chief justice also but  sander chief baron only in one as above and in next Trinity in the lodging of  secretary Cecil master of the ware near the Savoy the case be argue for four  hour and a half and the opinion as above except Carus who change his opinion  and on the part of the queen this reason be add that it can be dyer understand  by any one that the intention of a man shall be more favourable and beneficial  to his collateral cousin who be of the remote blood than to one of his own  child or his wife who be near c also in the three article of the statute of  explanation h c it be declare and enact that the king tenant in chief hash and  by that act shall have authority to dispose c to any person or person except  body politic and corporate by will or write or act execute in his life two  part c omit the word to and for the advancement of the wife preferment of the  child paynertof the debt or otherwise wherefore c therefore note the  generality c and Cecil argue sensible to the same intent also note the meaning  of the law in frankmarriage which be as well with a cousin as with a daughter  of the donor for advancement see brook title testament pi e it be hold as law  by the chancellor and justice that although the gift execute in the life of  the donor be to a stranger of the entire land yet the king shall have the ware  or primerseisin of the three part accord to the opinion of dyer the writ of  privilege for officer of the court be with a positive sbpersedeas and no  procedendo lie if redress may he have in that to which defendant belong contra  where privilege be only on account of a suit depend in the superior court if  any officer clerk or attorney of any of the four ordinary court who ought to  be attendant on the court be arrest in London if a attorney of c b sue a  attorney of b r b shall not have privilege per car Trio Elizabeth c b mich  Elizabeth by Anderson if a attorney of c b be sue in London and a wardship and  primer seize with the other consequence of feudal tenure abolish by car c dyer  b er p or other place during the time of his attendance he shall have writ of  privilege with a positive s?cpersedleas therein and tell the plaintiff that he  may sue in the court where c if he please where he may have the remedy of his  suit as well as elsewhere in which case no procedeclo shall be award to the  inferior court otherwise be it where the party arrest have privilege by reason  of a suit depend in the superior court by he or against he and that be the  only cause of his privilege note the diversity by all the justice and  Prothonotares of both bench person commit treason of any sort may be outlaw  while beyond sea h c Edward c extend to all treason whatever note that diverse  person who be in the rebellion in the north this year flee to Scotland and be  still there it be ask as a question whether if they be indict thereof and  process of outlawry award and return against they be there resident or dwell  at the time of the outlawry pronounce the outlawry be good and sufficient in  law or erroneousj or not by the statute h c e c encore well thereof whether  they extend to treasonsgenerally S at commonlaw and declare by e saint I c or  only to the new treason create by the same act find by the opinion they shall  extend to all treason S by the word atty offender Q treason