clancey case what make a witness infamous and what not upon a debate in the  house of lord December relate to the bill for attaint sir John Fenwick of high  treason the opinion of all the judge then present videlicet holt chief justice  of the king bench Treby chief justice of the common plea ware chief baron of  the exchequer justice Turton justice Powell justice Samuel Eyre baron powys  and baron Blencow be ask whether Clancey have be convict of a high  misdemeanour of which the record be produce in actual give George porter  guinea and promise more to withdraw himself into France thereby to prevent his  further evidence against the Lord Aylesbury the Lord Montgomery and sir John  Fenwick for which he have judgement to stand in the pillory and do so stand  may be admit a witness either first to confront George porter in his evidence  before the house of lord second or to be admit a witness in any other case as  to the first we be all of opinion he can not it be utter improper to permit he  after his conviction to come and confront and give evidence against the very  person upon who evidence he be before convict by verdict and to purge himself  of that very crime of which he be so convict and as to the second we be all of  opinion except holt chief justice who do somewhat hesitate yet say upon  further consideration he may also agree that Clancey can never after be admit  a witness in any case for that fortescue he be become infamous not that mere  stand in the pillory or judgement so to stand do of itself make a man infamous  to such a degree as never after to be admit a witness though   light b do seem  to intimate as much for if a judge shall sentence a man to stand in the  pillory for a trespass a riot a libel or seditious word and he shall so stand  yet this will not make he infamous so as never to be admit a witness because  the crime in their own nature be not perfect infamous but rather exorbitant in  point of rashness and misbehaviour but be that have be convict of or stand in  the pillory for perjury or forgery be true infamous and so be this Clancey for  his crime be a base and clandestine endeavour to obstruct the public justice  of the kingdom not by discourse or argue with a witness or endeavour to  convince he with reason but by downright bribe and corrupt he with money which  no man will attempt but a base mean and infamous rascal and that to prevent  the discovery and punishment of certain criminal who have be conspire against  the public safety of the kingdom as porter have before upon his oath affirm  and this be a crime not mere of misbehaviour like a riot or libel but even of  corruption relate to evidence and testimony and it be against reason to admit  that man as a good witness who have be convict of bribe and corrupt of a  witness as such replevin bind replevin bind good and Allowable in law and  usual and common these bind call replevin bind be give to secure pledge of  both sort pledge to make a return and pledge to prosecute and bind be now in  lieu of pledge here be debt on a replevin bind bring by the sheriff and the  condition be to appear at the next countycourt and there to prosecute her  action with effect and to make return of the good and cattle if return shall  be adjudge by law and to indemnify the sheriff for grant the replevin and  deliver the cattle fortescue defendant plead that she do appear at the next  countycourt and prosecute there and no return there adjudge plaintiff reply  there be a to think over facias speech into this court but the defendant do  not prosecute in the common plea but a return adjudge against her fortescue er  p and that she have not return the good per tot cur this plea be nought for it  be not enough to prosecute in the countycourt but she must follow it and if a  return be adjudge in any court it be enough for the condition be to go to the  end of the cause Nichols versus Newman pasch Geo vide Carthew chapman versus  butcher case in point but not mention in case above and hold per cur to be a  lawful bind and such be the usual course now