case sir edward BETTISON vers savage upon a writ of enquiry execute after  judgement by default in prohibition plaintiff shall have his cost vin Abr  title cost b pl Com dig p Str andr fort a prohibition by the stat W c S in all  suit upon prohibition cost shall be allow to the plaintiff if he have  judgement after plea or demurrer be grant to the ecclesiastical court upon a  libel there against the plaintiff and some other justice of the peace in the  county of ken for a disturbance make by they in the parish church of  Chislehurst in the time of divine service upon a suggestion that the plaintiff  act as a justice of the peace in suppress a riot make by several person in the  say church for which the rioter be indict at the ken assize and find guilty  and after declare in prohibition the defendant quoad any proceed since writ of  prohibition deliver plead not guilty pro consult habend demurrer comens er p  and judgement be give for the plaintiff upon the demurrer and upon a writ of  enquiry for the damage in that issue the jury find d damage and it be now move  by sergeant Whitaker that the plaintiff may have his cost for when a plaintiff  in prohibition recover damage be shall also have cost roll cro car Jon S c if  issue be join whether the defendant have proceed since the prohibition grant  and a verdict be find for the plaintiff the plaintiff shall have damage show S  c a Jon ray comens SC vent SC it be resolve that the plaintiff in prohibition  shall have his cost where the judgement be by default and damage find  thereupon in Ireland and though it be say by the court that it be not usual  after judgement in prohibition to proceed to execute a writ of inquiry yet it  be admit that if a writ of inquiry be execute and the jury thereupon give  damage the plaintiff shall have his cost and it appear by the case in c b  pasch W m that where a writ of inquiry be execute after judgement by default  in prohibition that in such case the plaintiff shall have his damage and cost  lev and the court be of opinion that the plaintiff shall have his cost and a  writ of error be bring in the king bench and the judgement be affirm and  afterward a writ of error in parliament but there be no proceed thereupon upon  my persuasion that it be reasonable and agreeable to the authority in law that  the plaintiff shall have cost comens de boundary pasch geo I in c b