case Goodwin against whether west ante page on Elizabeth c for not appear on a  subpoena a note leave of the cause place and day with a shilling if accept be  necessary to support the action but if the plaintiff be not grieve by the  nonappearance of the witness he can recover Jones march Mod Bac Abr dougl a  witness who be serve with a subpoena and a shilling be bind to attend in a  action on the Elizabeth c against a witness for nonattendance the plaintiff  must show a damage for the want of the witness be testimony ante this case be  now move again by Charles Jones in arrest of judgement that the declaration be  not good first because be do not show that he leave the writ with the  defendant for the statute be if they be serve with process and it be not serve  of process when the writ be not leave although it be read unto the party and a  note leave of the cause place and day say non allocatur for Jones Berkley and  myself hold it to be a sufficient serve of the process within the intent of  the statute and accord to the usual course and practice for there may be two  three or four name of witness in one writ and so there be usual and he can  leave the writ with every one of they and it will be very Chargeable unto the  subject to have several writ for every witness the second exception because be  show that he pay to her twelvepence for her pain and promise to pay to her as  much more as she will require when she come to be a witness at Gloucester  which be not sufficient accord to the statute for the statute be that he shall  pay sufficient charge for her travel accord to the distance of the place and  the quality of the person so to be croak car pay and the witness be not bind  to accept his promise for the residue say non allocatur for when it be allege  that he pay to her twelvepence and promise to pay the residue when she come to  Gloucester and she accept thereof she be then bind to come for she have accept  of his promise for the residue otherwise she may have refuse and not tell he  she will accept of his promise the three exception because the plaintiff do  not show that he be endamage by her nonappearance videlicet that the verdict  pass against he or that he be enforce to be nonsuit or any other grievance for  so be the statute that the party grieve shall have his part of the ten pound  and his further damage tax by the justice before who c but Grimston for the  plaintiff answer that the action be bring only for the ten pound and not for  further damage it be well enough and the ten pound be due for her  nonappearance to the king and the party but all the justice hold that the  declaration be ill for this cause for there ought to be a party grieve by the  nonappearance otherwise there be no cause of forfeiture and so be the express  scope and word of the statute wherefore it be adjudge for the defendant absent  Brampston