case austen against richard monk and Samuel crew easter term James roll bail  in error can surrender the principal in discharge of themselves for they be  bind to pay the debt ante roll Rep more Bulst Mod barn Bac ab in notorious  facts and ld raym stram to Rep to know facias upon a recognizance of four  hundred pound the condition whereof be whereas the plaintiff have recover  against Thomas brown in debt two hundred pound and eight pound fourteen  shilling for cost and the say Thomas brown a see James c car c car c a in SC  more it be say that it be resolve to be a good bar because the debt and duty  remain notwithstanding the writ of error bring and therefore that it do not  resemble the case of a bare possibility SC Bulst it be say that the party  perceive that it be clear the opinion of the whole court that the plea be good  the matter never be move again and SC roll Rep the court be of the same  opinion but adjournatur croak James er p have thereupon bring a writ of error  that if he prosecute it with effect a or if it be affirm and that the  reconusee pay the condemnation with the cost which shall be adjudge for the  delay of execution that then c the defendant plead that such a day after the  recognizance the say Thomas brown before the judgement affirm render himself  to the Marshalsea to be Chargeable for the execution and to discharge his  surety and there yet remain it be thereupon demurrer and without argument  adjudge for the plaintiff that it be not any plea for this manucaption be not  to render his body but to pay the debt adjudge which be ground upon the  statute of James c that for the avoid delay in execution the party who sue a  writ of error in debt shall pay the debt or find surety to pay the debt  otherwise there shall not be any stay of execution wherefore it be not  sufficient to render the body but he ought to pay the debt or his surety for  he and not to let he to bail and to render himself when he will croak throw  trinity term James in the king bench sir Edward coke Knt chief justice sir  John croak Knt sir John Doderidge Knt sir Robert Houghton Knt justice sir  Francis Bacon Knt attorney general sir Henry Yelverton Knt solicitor general