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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75552	The arguments upon the writ of habeas corpus, in the Court of Kings Bench. Wherein, are learnedly discussed, not onely the severall branches of the said writ, but also many authorities as well of the common as statute law: and divers ancient and obscure records most amply and elaborately debated and cleared. Together, with the opinion of the court thereupon. Whereunto is annexed, the petition of Sir Iohn Elliot Knight, in behalf of the liberty of the subject.	Eliot, John, Sir, 1592-1632.; England and Wales. Court of King's Bench.	1649 (1649)	Wing A3649; Thomason E543_1; ESTC R204808	64,168	98

Court hath delivered the party but you shall see the contrary concluded in every Case that you have put where the cause of the commitment hath been expressed there the party hath been delivered by the Court if the Case so required but where there hath been no cause expressed they have ever been remaunded or if they have been delivered they have been delivered by the Kings direction or by the Lords of the Councell If this fall now in proof you see you have gathered fair conclusions out of the Records and that you may see that this is so I have brought the Records with me of your own propounding and I will goe through them from point to point and then judge your selves of the case It is not materiall whether I call for them in that order as you produced them or no and therefore I will take them as they are first or last in the Kings Reign They are in number many in the time of Henry the seventh Henry the eighth Queen Mary Queen Elizabeth and King James his time I will shew you Sir Thomas Monsons Case in 14 Iacobi which was in all our memories I will begin with Pasche in 8 H. 7. Roger Cherries Case you vouched it to this purpose That Cherry being committed by the Major of Windsor was brought hither by a Habeas Corpus and the Major he returns that he was committed Per mandatum domini Regis and that thereupon he was delivered but you shall find by the Record that he was committed by the Major at the suit of the King for felony for which he was afterwards indicted brought to a triall and then discharged Vide this Record in Master Seldens Argument in the Parliament 3 4 Caroli Regis and so all the rest after mentioned The next was 19 H. 7. Vrswicks Case and you say he was brought hither by the Warden of the Fleet who as you said returned that he was committed Per mandatum domini Regis and you said he was discharged but he was bailed upon the Lords Letter and brought hither to record his return for he was bound to appear here and then he was discharged but that was the cause of his bringing hither vide the Records as aforesaid The next was Hugh Pains Case in 21 H. 7. and that you urged thus you say that he was brought hither by a Habeas Corpus by the Warden of the Fleet who returned that he was committed by the Kings Councell and he was bailed Now we finde that he was committed by them for suspition of felony and that cause was declared and he was bailed so that you see there was a cause expressed Vide the Record aforesaid The next is 2 H. 8. Thomas Beckley and Robert Harrisons Case these you said were brought in hither by George Earle of Shrewsbury and Thomas Earle of Surrey and the Return was that they were committed by the command of Hen. 7. and that they were bailed but you shall finde that they were committed for suspition of felony and that Harrison was committed by Hen. 7. but it was for Homicide upon the Sea and so the cause is expressed and afterwards he was bailed The next was in 22 H. 8. John Parkers Case you urged it to this purpose That he was brought hither by a Habeas Corpus by the Sheriffs of London and they you said returned that he was committed Per speciale mandatum domini Regis nunciatum c. by Robert Peck c. the cause why you urged this was twofold first that he was committed by the Kings command and yet he was bailed secondly that he was committed Per mandatum domini Regis nunciat ' per such a one But you shall finde by the Record that he was committed for the security of peace and for suspition of felony and that was the cause for which he was bailed for he is bailable by Law when such a cause appears Vide the Record as afore Goe on to the next and that is Peter Mans Case in the 3 4 Philip and Mary you urged that to this purpose You say that he was brought by the Keeper of the Gatehouse and you say that he returned that he was committed by the command of the King and the Queens Councell and thereupon he was bailed but you shall finde that he was committed for suspition of felony and robbery and thereupon he was bailed The next is in the 4 5 Phil. Mar. Edward Newports Case you said that the Constable of the Tower brought him hither and returned that he was committed by the Councell of the King and the Queen and that he was bailed but you see the Records that he was committed for suspition of coyning which is bailable onely in this Court and therefore it was removed hither yet this I must tell you that it is true in one Record it appears not but as you have cited it but you may see how it is supplied by another Record and the cause and he was delivered by a Proclamation Vide both Records in Master Seldens Argument as aforesaid Doderidge He could not be delivered by Proclamation unlesse it was for a criminall cause Hide Chief Iustice Observe another thing in the Book he is brought hither by the speciall command of the Councell so that although it appears not in the Record yet if the King or Lords mean to have him tried for his life he is brought hither Then you cited Robert Constables case 9 Eliz. and you said he was brought hither by the Lieutenant of the Tower who returned that he was committed by the Lords of the Councell and thereupon he was bailed but you shall finde that he came hither to plead his pardon and he was pardoned Vide the Record as aforesaid Thomas Laurence Case in 9 Eliz. is the same with Constables for it appears that he was brought hither to plead his pardon and he was pardoned and that was the cause he was brought hither The next was in 21 Eliz. John Brownings case it is true he was committed by the Lords of the Councell and he was brought by a Habeas Corpus to the chamber of Sir Christopher Wray Chief Justice and he was there bailed The next was 33 Eliz. William Rogers and he you said was brought hither by the Keeper of the Gatehouse who returned that he was committed to him by the Lords of the Councell yet there was a cause expressed and that was for suspition of coining of money The next was in 39 Eliz. Lawrence Brown you say that he was brought hither by the Keeper of the Gate-house who returned that he was committed for divers causes moving the Lords of the Councell and thereupon he was delivered but the Record is that the Return also was for suspition of Treason and although the suspition of Treason appears not in one Record yet there is another for it Here you see cause of his commitment and that he was bailed but it was by the Kings command Vsque

prison or no I conceive that he ought not to be continued in prison admitting that the first commitment by the command of the King were lawfull yet when he hath continued in prison by such reasonable time as may be thought fit for that offence for which he is committed he ought to be brought to answer and not to continue still in prison without being brought to answer For it appears by the Books of our Laws that liberty is a thing so favoured by the Law that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must and therefore the Law will neither suffer the party Sheriffs or Judges to continue a man in prison by their power and their pleasure but doth speed the delivery of a man out of prison with as reasonable expedition as may be And upon this reason it is resolved in 1 2 El. Dyer 175. 8 Ed. 4. 13. That howsoever the Law alloweth that there may be no terme between the test of an originall Writ and the return of the same where there is only a summons and no imprisonment of the body yet it will not allow that there shall be a term between the test of a Writ of Capias and the return of the same where the body of a man is to be imprisoned insomuch that it will give no way that the party shall have no power to continue the body of a man imprisoned any longer time then needs must 39 E. 3. 7. 10 H. 7. 11. 6 E. 4. 69. 11. E. 4. 9. 48 E. 3. 1. 17 E. 3. 1 2 Hen. 7. Kellawaies Reports do all agree that if a Capias shall be awarded against a man for the apprehending of his body and the Sheriffe will return the Capias that is awarded against the party a non est inventus or that languidus est in prisona yet the Law will allow the party against whom it is awarded for the avoiding of his corporall penance and dures of imprisonment to appear gratis and for to answer For the Law will not allow the Sheriffe by his false return to keep one in prison longer then needs must 38 Ass pl. 22. Brooks imprisonment 100. saith That it was determined in Parliament that a man is not to be detained in prison after he hath made tender of his fine for his imprisonment therefore I desire your Lordship that Sir John Corbet may not be kept longer in durance but be discharged according to the Law The Lord Chief Justice his Speech Master Atturney you have heard many learned Arguments if you be provided to answer presently we will hear you but if you will have a longer day for that you are not provided to argue you may we will give it you Doderidge If you will you may see these presidents it may be you have not seen some of them and we must see them too Heath Atturney May it please your Lordship the Gentlemen that be of Councell with the Knights at the Barre they have said much and spoken very long for their Clients and to good purpose and pertinently It is a cause that carrieth with it a great deal of weight both towards the King and his Subjects also and I am not so hasty to put my self upon the main point of this cause when it is almost time for your Lordship to rise My Lord the Gentlemen have severally spoken and given and insisted upon severall reasons and they have cited many presidents I could say something of them at this present and that some of them have been mistaken and therefore I beseech your Lordship that I may have time to answer that I may not wrong the cause of the Kings part or slight the cause on the Subjects part But that which I desire to say now is that these Gentlemen have all of them gone in one form to divide the cause into two parts part 1 The first the form of the Return part 2 The second the matter of the Return For the form me thinks we may put an end to that now if your Lordship please that we may have no return to that another day but I may apply my self unto the matter of the Return To the form of the Return they have taken divers exceptions but they especially insisted upon two main heads First that the Return is not good because it is not an absolute Return I confesse the ground is well laid and the Major is good that if this Return be not positively the Return of the Warden of the Fleet himself but the relation of another it is no good Return therefore I need spend no time in that the ground being well laid but under your Lordships favour the Major proposition I deny we differ onely in that for I say that this Return is certain and that it is not the words of any man else but the express words of the Warden himself and that this is added ex abundanti to give satisfaction to the Court that he had order to make the Return therefore I desire your Lordship to cast your eyes upon the substance of the Return and distinguish it into parts The words are Detentus est in prisona sub custodia mea per speciale Mandatum domini Regis mihi significatum per Warrantum duorum Privati concilii dicti domini Regis c. If he had turned these words and said Detent ' est prout mihi significat ' per Warrantum duorum Privati concilii per speciale mandatum domini Regis then it might be taken to be the words of the Lords of the Councell but the first words being positive Detentus est per speciale mandatum domini Regis that is sufficient and the rest is surplusage and he doth not say prout mihi significut but mihi significat onely which is absolute and the resolution thereof resteth more in your Lordships expounding of the words then in putting any case upon them The second exception is taken to the form of the Return for that there is not the cause of the imprisonment returned but of the detaining alone My Lord I say no more to that but this No man is bound to answer more then that which is the contents of the Writ I know the Writ it may be to know specially the cause of the detaining or what the cause of the caption is onely and if the Officer make answer to that which is required of him in the Writ it is sufficient it may be there be presidents both ways I am sure there are detentions onely and there is no cause why the Officer should shew the time of his commitment but if the Prisoner shall desire it your Lordship may grant him a Writ to shew the cause both of his caption and detention also Thirdly they say that this Return is uncertain and that it is the Warrant of the Lords of the Councell and not of the King by which he is committed For that my

the statute of 28 Ed. 3. cap. 9. But before that statute this writ did lie in the speciall Case as is shewn in Brooks 9th Reports Powlters Case and the end of this writ was that the Subject might not be too long detained in prison as till the Justices of Eyre discharged them so that the Law intended not that a man should suffer perpetuall imprisonment for they were very carefull that men should not bee kept too long in prison which is also a Liberty of the Subject and my Lord that this Court hath bailed upon a suspition of high treason I will offer it to your Lordship when I shall shew you presidents in these cases of a commitment by the Privy Councell or by the King himself But before I offer these presidents unto your Lordship of which there be many I shall by your Lordships favour speak a little to the next exception and that is to the matter of the return which I finde to be per speciale mandatum domini Regis 8. and what is that it is by this writ there may be sundry commands by the King we finde a speciall command often in our Books as in the statute of Marlborough cap. 8. they were imprisoned Rediss shall not be delivered without the speciall command of our Lord the King and so in Bracton De Actionibus the last chapter where it appears that the King commandment for imprisonments is by speciall writ so by writ again men are to be delivered for in the case of Rediss ' or Post Rediss ' if it shall be removed by a Certiorare is by a speciall writ to deliver parties so that by this appears that by the Kings commandment to imprison and to deliver in those cases is understood this writ and so it may be in this case which wee have heard And this return here is a speciall Mandatum it may bee understood to be under some of the Kings Seals 42 Ass and ought to be delivered and will you make a difference betweene the Kings command under his seal and his command by word of mouth what difference there is I leave it to your Lordships judgement but if there be any it is the more materiall that it should be expressed what manner of command it was which doth not here appear and therefore it may be the Kings command by writ or his command under his seal or his command by word of mouth alone And if of an higher nature there is none of these commands then the other doubtlesse it is that by writ or under seal for they are of record and in these the person may be bailed and why not in this As to the legall forme admitting there were substances in the return yet there wants legall form for the writ of Habeas Corpus is the commandment of the King to the Keeper of the prisons and thereupon they are to make return both of the body and of the cause of the commitment and that cause is to appear of them who are the immediate Officers And if he doth it by signification from another that returne is defective in Law and therefore this return cannot be good for it must be from the Officer himself and if the cause returned by him be good it bindes the prisoners The warrant of the Lords was but a direction for him he might have made his return to have been expresly by the Kings commandment there was warrant for it I shall not need to put you cases of it for it is not enough that he returns that he was certified that the commitment was by the Kings command but he must of himself return this fact as it was done And now my Lord I shal offer to your Lordship presidents of divers kindes upon commitments by the Lords of the Privy Councell upon commitments by the speciall command of the King and upon commitments both by the King and the Lords together And howsoever I conceive which I submit to your Lordship that our case will not stand upon presidents but upon the fundamentall Laws and Statutes of this Realm and though the presidents look the one way or the other they are to be brought back unto the Lawes by which the Kingdome is governed In the first of Henry the eighth Rot. Parl. 9. one Harison was committed to the Marshalsey by the command of the King and being removed by Habeas Corpus into the Court the cause returned was that he was committed per mandatum Domini Regis and he was bailed In the fortieth of Elizabeth Thomas Wendon was committed to the Gatehouse by the commandment of the Queen and Lords of the Councell and being removed by an Habeas Corpus upon the generall return and he was bailed In 8 Jacobi one Caesar was committed by the Kings commandment and this being returned upon his Habeas Corpus upon the examination of this case it doth appear that it was over-ruled that the return should be amended or else the prisoner should be delivered The presidents concerning the commitment by the Lords of the Councel are in effect the same with these where the commitment is by the reason why the cause of the commitment should not be shewn holds in both cases and that is the necessity of suit and therefore Master Stamford makes the command of the King and that of the Lords of the Privy Councell to be both as one and to this purpose if they speak he speaks and if he speaks they speak The presidents that we can shew you how the Subject hath been delivered upon commitment by the Lords of the Councel as in the time of Henry the eight as in the times of Queen Elizabeth Queen Mary are infinite as in the ninth of Elizabeth Thomas Lawrence was committed to the Towre by the Lords of the Councell and bailed upon an Habeas Corpus In the 43 of Elizabeth Calvins case In the third of Elizabeth Vernons case These were committed for high treason and yet bailed for in all these cases there must be a conviction in due time or a deliverance by Law There be divers other presidents that might be shewn to your Lordship In 12 Iacobi Miles Renards In 12 Jacobi Rot. 155. Richard Beckwiths case In 4 Iacobi Sir Thomas Monson was committed for treason to the Towre of London and afterwards was brought hither and bailed and since our case stands upon this return and yet there is no sufficient cause in Law expressed in the return of the detaining this Gentleman and since these presidents doe warrant our proceedings my humble suit unto this Court is that the Gentleman Sir Iohn Henningham who hath petitioned his Majesty that he may have the benefit of the Law and his Majesty hath signified it It is his pleasure that justice according to the Law should be administred at all times in generall to all his Subjects and particularly to these Gentlemen which is their birth-right My humble suit to your Lordship is that these Gentlemen may have the

the first was Thomas Brown he was committed to the Marshalseys Per mandatum domini Regis aliis certis de causis and afterwards the Records say Dominus Rex quoad Chase relaxavit mandatum suum and he was bailed and the rest lay by it My Lords I will conclude I could be infinite in this case in presidents but enough is enough your Lordship knoweth the weight of presidents it is not enough to shew this was done but also to shew the reason why it was done I wil trouble your Lordship no longer but if any man shall doubt whether that or any part thereof be truly recited which hath been said touching the Records or Statutes I can say no more but that the statutes have been read and the Records are ready sorted out to be seen by your Lordship I shall conclude that I shall say in this case to answer the fear rather then the just ground of them that say that this may be a cause of great danger with the words of Bracton who spake not to flatter the present age lib. 1. chap. 8. in the end speaking of a writ for wrong done by the King to the Subject touching land he saith these words si judicium à Rege testatur cum breve non currat contra ipsum locus erat supplicationi quod factum suum corrigat emendet quod quidem si non fecerit satis sufficit ei ad poenam quod dominum expectet ultorem nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire My Lords I englished it not for I apply it not any man may make use of it as he pleaseth and so I conclude both for the point of Exception and matter of the Return which I referre to your Lordships judgement whether all in the Return but these words Per speciale mandatum domini Regis be not superfluous And for the matter whether these Gentlemen be bailable or not bailable I have shewed your Lordship that by the practise of all ages they are not bailable but have beene remaunded back And therefore I pray your Lordship that these Gentlemen may be remitted and left to goe the right way for their delivery which is by Petition to the King whether it be a Petition of right or of grace I know not it must be I am sure to the King from whom I do personally understand that these Gentlemen did never yet present any Petition to him that came to his knowledge Hide Chief Justice Master Atturney thus much we must say to you you have taken a great deal of pains you having had so short a time to consider of this case it is a case of very grear weight and expectation and we doe not intend that you shall expect long for our resolution for that these Gentlemen are in prison and desire no doubt to know where they must trust I hope we shall resolve according to the reason of former times and according to our consciences but this I must tell you as I did those that argued you must bring in your presidents for though wee have seen some of them yet some of them we have not seen therefore we desire that your servants or your selves doe attend and bring unto us after dinner those presidents you have mentioned on the Kings part for we intend to meet this afternoon and you shall have our opinions to morrow and I must tell you on the other side that this cause being of such weight Councell should be wary how they speak any thing to inveagle the Court. Touching such presidents as you urged in some of them we know there is something urged which makes not for you so you have omitted some materiall things to be shewn I speake it to this purpose not to prejudice the cause or to deliver my opinion which becomes me not but to shew that Counsellors should be carefull and this I dare say there is matter in some of the presidents themselves that leads to another case if they were intirely cited The Term grows away you shall not be long in expectation we will meet this afternoon and give you our opinions to morrow morning Master Noye We desire that Master Atturney may bring the presidents of 34 Elizabeth with him Master Atturney I will shew you any thing but my Lord I shal be bold to claim the priviledge of my place as the Kings Councell when the Kings Atturney hath spoken there ought to be no Arguments after that but if you aske to see any thing you shall have it Hide Chief Justice It is that we aim at the truth and right may appear and not satisfie the one or the other part but it is not desired to make use of it by way of reply but for satisfaction onely Serjeant Bramstone My Lord for the presidents I cited I did think they should have been brought and read in the Court that your Lordship might see them Hide Chiefe Iustice You shall need no Apology the Records and Presidents shall be brought to the Court and read openly for the Court will not wrong you and you shall see the difference between them and your relation of them nor you must not wrong us with your written verities On thursday the twenty eight of November Michaelis 3. Caroli Regis Hide Chief Justice Justice Doderidge Justice Jones and Justice Whitlock on the Bench Sir John Corbet Sir Walter Earle Sir John Henningham and Sir Edmund Hampden at the Bar. Hide Chief Iustice I am sure you here expect the resolution of the whole Court as accordingly yesterday we told you you should have This is a case of very great weight and great expectation and it had been fit we should have used more solemn arguments of it then now for the shortnesse of the time we can doe for you have been long in prison and it is fit you should know whereunto you should trust I am sure you expect Justice from hence and God forbid we should sit here but to doe Justice to all men according to our best skill and knowledge for it is our oaths and duties so to doe and I am sure there is nothing else expected of us We are sworn to maintain all the Prerogatives of the King that is one branch of our oath and we are likewise sworn to administer Justice equally to all people We cannot I tell you deliver in solemn arguments and give the judgements of every one of us touching this case as the weight thereof requireth but we have met together and we have duly and seriously considered of it and of all that which hath been spoken of on either side and we are grown to a resolution and my brothers have injoined me to del●ver to you the resolution of the whole Court and therefore though it bee delivered by my mouth it is the resolution of us all I hope I shall not mistake any thing of their intention in my delivery but if I doe they sit

Octabis Michaelis vide the Record I blame not you that are of Councell with these Gentlemen for urging this Record for this Cause is not expressed in your Record but that he was committed by command of the Councell onely but he was committed for suspition of felony with Sir Thomas Smith Vide the Record The next is in 40 Eliz. Edward Harecourts Case and Thomas Wendens Case I bring them together because they are both in one year in the 40 of Eliz. Edward Harecourt you say was committed to the Gatehouse by the Lords of the Councell and the Return was that he was committed by them Certis de causis ipsos moventibus ignotis and he was bailed Here is another in the same time committed to the same prison by the Lords in the Star-chamber it was Thomas Wendens case and he you say was committed by them Certis de causis as the other was and that he was bailed but you shall finde in the margin of the Roll Traditur in ball ' ex assensu Concilii dominae Reginae and that was the relation of the Queens Atturney so that you see how that president fits you The next are two more of the Gatehouse Beckwith and Reyner they you said were committed to the Gate-house brought their Habeas Corpus and the Keeper of the Gatehouse returned that they were committed by vertue of a Warrant from the Archibishop of Canterbury Henry Earl of Northampton Lord Warden of the Cinque Ports and others of the Privy Councell requiring the said Keeper to receive the said Beckwith and Reyner into his charge untill they should have further order from them in that behalf and you say they were bailed Vide the Record in Master Seldens aforesaid Now you shall see the direction to bail him he was bailed by the direction from the Lords of the Councell as appears by their Letter Vide as aforesaid Now we come to Caesars Case in 8 Jacobi you urged that to this purpose you say he was committed to the Marshalsey who upon a Habeas Corpus returned That he was committed Per speciale mandatum domini Regis and you say because the Return was so generall the rule of the Court was that it should be amended or else he should be discharged I will open to you what the reason of that rule was for that notice was taken that the Keeper of the Prison had used a false Return and had usurped the name of the King I know not how but the commitment was not by the Kings command and that was the cause that he had day given him to amend his Return but his body was remaunded to Prison as you shall see the Record Vide the Record c. The last president that you used was that of Sir Thomas Monson and that was so notorious and so late that I marvell that was offered at all it made me jealous of all the rest that was so notorious and now I have omitted none you brought me Vide the Record By this Record you may see that he was committed by divers Lords of the Councell and it was for the suspition of the death of Sir Thomas Overbury and it is notoriously known that he was brought hither to plead his pardon I will not tell you that you read all these presidents for you read none but urged them here before us but we required you to bring them to us and they were brought to us Master Corbet brought them all but one and that Master Noye brought it was in 22 H. 8. Parkers Case And one Master Holborn a man whose face I never saw before nor is he now in mine eye did yesterday bring us one president to this purpose and it was Sir John Brockets Case in 1 Jac. he was committed to the Gatehouse and upon a Habeas Corpus the Keeper returned that Commiss ' suit per Warrantum Dominorum de Privat ' Concilio cujus tenor sequitur in haec verba viz. To the Keeper of the Gatehouse c. vide Master Seldens presidents but see upon what ground he was bailed it was a speciall command of the Lords of the Councell Vide the Record These are all the Records and presidents that you ministred unto us in your Argument and that were delivered unto us for I have dealt faithfully with you and now you have seen them in the Cases I would have any man judge of the conclusion which you made the last day That when a man is committed and the case not known but it is certified to be by the Kings speciall commandment and the Habeas Corpus is procured by your selves and speeded by the King that we can discharge or bail them Then the presidents are all against you every one of them and what shall guide our judgements since there is nothing alledged in this case but presidents that if no cause of the commitment be expressed it is to be presumed to be for matter of State which we cannot take notice of you see we finde none no not one that hath been delivered by bail in the like cases but by the hand of the King or his direction If we should cease here you see you have shewn nothing to satisfie us and we know that you that be of their Councell will satisfie your Clients therein But you shall see that we have taken a little pains in this Case and we will shew you some presidents on the other side and I beleeve there be five hundreth of this nature that may be cited to this purpose I shall go retrograde and go backwards in citing the years of the presidents that I shall mention I will begin with 7 H. 8. Edward Page he was brought hither by the Steward of the Marshalseys who returned that he was committed Per mandatum domini Regis and he was remitted so that he was not delivered upon this generall Return but he was remaunded The next was 12 H. 7. there you shall see a president where one was committed his name was Thomas Yow he was committed for felony and also Per mandatum domini Regis and the Kings Atturney came hither and released the Kings command and thereupon he was bailed Master Noye It is all one with Parkers Case Chief Iustice Hide No for here were two causes of the commitment Hubbert was then the Kings Atturney and he signified in open Court that he was discharged by the Kings command and Postea traditur in ball ' pro suspicione feloniae The next was Humphrey Booths 9 H. 7. Rot. 14. you shall finde it much to that purpose as the other was before he was imprisoned for an outlawry and by the commandment of the King also and after that the release of the Kings commandment was certified to the chief Justice he was thereupon discharged Vide the Record The next is 7 H. 7. Thomas Brown Iohn Rawlings and Robert Sherman and others were committed Per mandatum domini Regis and for felony outlawry and other causes as appears by