castle versus Bambridge and Corbet in appeal whether by writ or bill pledge  may be put in any time before judgement Bambridge have be indict and acquit of  the murder of Robert castle late husband of the plaintiff the plaintiff now  bring a writ of appeal against the defendant returnable on the first day of  this term in person ring by virtue of which Bambridge be take by the sheriff  of Middlesex and commit to Newgate as be also Corbet by the sheriff of London  and commit to the compter the writ of appeal run thus because the plaintiff to  make thou secur c per a b c now Bainbridge be bring into court by habeas  corpus on the first day of this term and the return set forth that he be  commit upon the appeal which it recite upon which the counsel for the  defendant Bambridge move for his discharge offer to make it appear that the  plaintiff do not give those person name in the writ as pledge to prosecute the  appeal and that as this writ be the give of the pledge must be take as a  condition precedent to be perform by the plaintiff before the sheriff can  attach the party for it must be take si to make thou secur and so be the  precedent Reg append   Ent Trem ent and raze for the party may either give  security to the king in chancery and then the writ be because our to make  secur or it may be leave to the sheriff and then the writ go out under that  condition and if it be otherwise the defendant be acquit upon the appeal can  have no re Fitzherbert Gibbon medy by W for if the sheriff be not bind to see  that do before the party attach or at least before the return of the writ then  it will do any time before judgement and then if the defendant shall be acquit  the plaintiff will never pray judgement and so the appellee can have no  benefit by the provision make by W in sir though Jones pledge be give in after  the appeal arraign but there it be by bill upon this the court call for the  writ but it be not return cur we can take no notice of this matter till the  sheriff have return his writ and both the defendant shall be bring into court  upon it we shall not know what to make of it have not it appear by the return  of the habeas corpus that there be such a writ and therefore we will now make  a peremptory rule upon the sheriff to return it by tomorrow the other  defendant be commit in London the sheriff of London can bring he by force of  this writ into this court now sit in Middlesex for if a man be arrest by the  process of this court in a foreign county the sheriff can bring he upon that  process into this court but a habeas corpus must go say per Raymond chief  justice this be general true but the sheriff of that county may well bring the  party by that process into this court upon the very day of the return of it  for the writ command it and the writ must be obey in every point upon this the  sheriff immediate return the writ and bring in the other defendant body and  now the court hold they can not quash the writ and discharge the defendant for  because to make in the writ must be understand of the time pass and then the  writ do suppose that pledge be actual give in which preclude we from examine  it in this manner for otherwise the allegation of writ issue out of other  court may be falsify here by parole evidence but even take it to refer to the  time to come then the plaintiff come in seasonable to put in pledge any time  before judgement and there be no difference in the reason and ground of the  law in this point between a appeal by bill and a appeal by writ per tot cur  notwithstanding the defendant counsel inform the court they Fitzherbert Gibbon  have apply in chancery to have the writ quash where my Lord chancellor be of  opinion that because to make refer to a future time and that therefore the  writ be not grant upon a false suggestion then the appellant on the motion of  her counsel come into court and declare she be the appellant and that she be  ready to prosecute her appeal which be ready to be FitzGibbon er p arraign the  court desire that shall be the next day as of this day because they be now go  to rise and so the defendant be at the bar the appeal be the next day rehearse  in French at the bar by the appellant counsel she be then in court in not  common with others mask to which the defendant immediate plead the general  issue which be order to be put in and file and repeat in French by the  appellees counsel to remove all scruple though it be doubt whether this last  be necessary upon a general plea plead then it be move to bail the appellees  their counsel insist the court have a discretion in those case to be exercise  upon occasion attend with favourable circumstance as that of the appellees be  one of they have be acquit upon full evidence to the satisfaction of the court  upon a indictment for this very fact cur that be the case it be but reasonable  Bambridge shall be admit to bail but as to the other defendant no such  circumstance appear in his favour and therefore we can admit he to bail note  in this case two be receive bail for Bainbridge to appear in tomorrow air such  de die in diem