case anonymous a officer may justify arrest a man by virtue of a capias issue  before summons out of a court in the county palatine of Durham describe as a  ancient court hold before the sheriff of the county and call the county court  c c for although the proceed be irregular yet the court have power to issue  the writ the officer be bind to execute it post sand stram ld ray false  imprisonment the defendant justify by virtue of a warrant out of a court  within the countypalatine of Durham the plaintiff demurrer the material part  of the plea be that there be a ancient court hold before the sheriff of the  county c call the modern countycourt which be accustom to be hold from fifteen  day to fifteen day and that there be a custom upon a writ of complaint be we  issue out of the countypalatine of Durham and deliver to the sheriff c that  upon the plaintiff affirm quandan complaint against such person or person  modern er p against who the complaint be we issue the sheriff use to make out  a writ in the nature of a capias ad to give satisfaction against he or they c  that such a writ of complaint be we issue ex Curid Cancellarice dunelm and be  deliver to the sheriff who thereupon make a precept to his bailiff to take the  plaintiff who thereupon be arrest which be the same imprisonment sergeant  Jones for the plaintiff take exception to this plea first the court be ill  plead to be hold before the sheriff for in a countycourt the sitors be the  judge a cro James a and though this court hold plea upon a complaint be we  which be the king writ yet that do not alter the nature of the court nor its  jurisdiction b gentleman case   b second the custom of hold this court de  quindecim a day in quindecim die be void be not only against great Charta c  but against the Edward c which enact that no countycourt c shall be long defer  than one month from court to court c any usage custom statute or law to the  contrary notwithstanding three he take these exception to the custom saint it  be absurd that if upon a complaint be we the party affirm quandan complaint  that then c for a complaint be we be a action upon the case and this quaedam  complaint may be in any other action though never so remote the plaint ought  to be in pursuance of the writ and so to have be plead dly as this custom be  lie it do not appear that the plaint ought to arise within the jurisdiction of  the court dly it be against the law that in any inferior court a capias shall  be award before summons c roll roll Mod ld ray c fourthly exception to the  declaration be that it do not appear whether this writ be purchase out of the  chancery of the city of Durham or of that of the county the word ex cur  cancellar dunelm be applicable to either five here be not a averment that the  cause of action do arise within the countypalatine it be say indeed that he be  indebt and do assume within the county but it be the contract and cause of the  debt that entitle the court modern there to the action six he say that he do  levare quandan complaint but do not say that it be super shorten de complaint  be we nor that it be in plea praedid nor make any application at all of the  plaint to the writ and then the plaint not appear to be warrant by the writ  and be for above forty shilling the proceed be in person non judge Severithly  the sheriff warrant be to arrest the party si invention to be in ballivd tu  and it do not appear that the bailiff have any bailiwick if the county be  divide into several division and each bailiff allot to a several division this  ought to have be show and that the place where this arrest be make be within  the bailiff proper division eighthly on the defendant own show the court be  not hold accord to the custom allege videlicet de quindeeim a day in  quindecirn die for the last court be say to have be hold the that of march and  the next after that on the that march turner for the defendant argue that the  imprisonment be lawful to the first exception be say that the court mention in  the bar be not a county court nor so plead it be plead as it be cur peremptory  or urgent call cur county and there be never any suitor know there to be judge  it be not to be examine accord to the rule of county court proper so call for  we plead it to be accord to the custom of the countypalatine of Durham which  be a exempt jurisdiction as for the second exception to its be hold de  quindecim a day in quindecim die the answer to the first exception answer this  also the judge of assize in writ of false judgement have allow this custom and  affirm judgement give in this court of which we have many precedent for the  three exception concern the validity of the custom to the first exception  against it he answer that a bar be good enough if it be to a common intent and  the common intent be that the quaedam complaint must be pursuant to the  complaint be we and in this case it be so the complaint be we and the precept  upon which the plaintiff be arrest be both in a action of the case upon a  promise and to the second that the cause of action be show to arise within the  jurisdiction for the modern er p promise which be the ground of this action be  say to have be make infra comitat Palatine to the three exception that in  inferior court it be illegal to award a copy before summons but this court be  in a countypalatine and such court be like to the court at Westminster and  have the same authority a Rowlandson v Simpson roll l sand a modern and the  custom of those court be good warrant for their proceed as the custom of the  king bench be for their issue latilats to the four be say it be a foreign  intendment to suppose a court of chancery in the city of Durham a court of  equity can be by grant and there be no prescription in the city of Durham to  hold plea in equity to the five he say the promise be lie to have be make  within the jurisdiction to the six ut above to the seven that this precept be  accord to the form of all their precept in like case to the eight that take  both day inclusive there be fifteen day but admit that there be some defect in  the proceed yet since that court can issue such a writ as this it be  sufficient to excuse the officer b the case of the Marshalsea   b to b b the  court this be not a countycourt but a court call the county court and it be  within a countypalatine and for both those reason not in the same degree with  other countycourt and though it be a countycourt it may by prescription be  hold before the sheriff as a courtbaron may by a special prescription be hold  in person seneschallo and so it have be adjudge in the case of armin v  Appletoft a cro James keb a there be no such special prescription as there  ought to be but a general prescription for a courtbaron and every courtbaron  must be prescribe for the countypalatine of Durham be not of late stand like  that of Lancaster but be immemorial and a custom there be of great authority  as to the objection against quandan complaint why may it not be as Allowable  for a man there to bring a complaint be we and declare in what plaint be will  as it be here to arrest a man and declare against he in any action but admit  the proceed irregular yet since the court can issue a capias that excuse the  officer in this action and judgement be give for the defendant nisi cazisa c  easter term the twentysixth of Charles the second in the common plea sir John  Vaughan chief justice sir Robert Atkins Knt sir Hugh Wyndham Knt sir William  Ellis Knt justice sir William Jones Knt attorneygeneral sir Francis winnington  Knt solicitor general