case smith case queen if the king bench have jurisdiction over the offence of  steal a heiress Mod Mod Mod Vaugh Mod stram brown Ch can mich term Geo hawk p  c mary smith and other be indict upon the Philip mary c in the county of  Middlesex before the justice of the king bench because they take and convey  away Frances the daughter of Scipio squire be under the age of sixteen year  unmarried and in the custody and under the government of her say father  without his consent et contra form speech to cause to stand and upon this mary  smith plead not guilty and be find guilty it be move in arrest of judgement  that the indictment in this court be not good be in person non judge because  the statute appoint that for this offence the party offend shall be punish by  two year imprisonment or shall pay such a fine as the star Chamber shall  appoint the word in the statute be that the counsel in the star Chamber and  the justice of assize by inquisition or indictment shall have power to hear  and determine c and the question be whether this may extend to justice of the  king bench to give they authority to inquire or only to justice of assize and  whether justice of the king bench be not justice of assize but of this the  court doubt because there be no justice of assize for the county of Middlesex  the second question be admit they may hear and determine whether they may  impose any fine or only give judgement for the imprisonment because the fine  be appoint to be assess in the star Chamber and in no other place quaere a  croak car case memorandum in regard of the increase of the pestilence in  London and the place adjoin the king accord to his proclamation former make  direct his writ of adjournment to the king bench common plea and the exchequer  to adjourn the term from octabis the number three to tres the number three and  upon the same day of odabis all the court sit until eleven of the clock in the  forenoon and hear motion concern matter in arrest of judgement and plead and  indictment and writ of error where it appear that the writ of error be bring  for delay of execution and no colour of error but no judgement in any demurrer  or matter in law upon special verdict unless it be in case which be move the  last term and rule give that if cause be not show the first or second day of  this term judgement shall be enter for the plaintiff or defendant as the case  require there upon motion although it be upon demurrer or special verdict no  cause be show to the contrary the court give judgement accord to the former  rule and so justice Hutton say they do in the common plea and afterward upon  the same day Brampston chief justice publish that whereas the prisoner of the  king bench and fleet have several time petition the king for avoid the danger  of the infection of the plague much increase that they who can give sufficient  security to the marshal or to the warden of the fleet to be true prisoner and  to return to prison at the day to they prescribe may go at large by habeas  corpus for that time as they pretend be the ancient course in former time upon  the like case all be justice and baron of the exchequer except Lord finch  chief justice of the common plea and baron Denham who be not in town be  assemble at the Lord keeper house to consult of this matter and what course be  to be take for the safeguard of the prisoner upon a it be determine that the  king bench have jurisdiction over this offence lev keb Mod side Mod hawk p c  croak car er p conference with the Lord keeper resolve that a habeas corpus be  a ancient and legal writ but under colour thereof the warden of the fleet and  marshal of the king bench ought not to stiff prisoner to go at large but that  such permission be a abuse of the say writ and a escape in the keeper of the  prison but for the safeguard of the prisoner who may if they will provide for  themselves by payment of their debt and be discharge the warden of the fleet  by rule or licence of the court to which they be subject and the marshal of  the king bench by rule from the king bench may keep their prisoner in any  other place in the country to be assign by the court to they a but there they  ought to be keep as prisoner sub salv et to shut up guard as they ought to be  in their proper prison and this resolution be deliver to the king under all  their hand and the king signify his pleasure that he very well approve thereof  and command that it shall be observe and it be remember that in primo caroli  when the term be at read such resolution be by all the justice and afterward  about eleven of the clock the same day the writ of adjournment be open and  open read and the term be adjourn until tres the number three croak car note  that neither chancery the exchequer Chamber nor the duchy court do sit all  this term