Proceedings upon Indictments.
BUt if he be taken upon trespass, &c: or any Fe∣lony, for which he is baileable, and shall give bond ot recognizance for his appearances at such time as in the recognizance is limitted, he shall go at large till he come to his triall, which shall be at the pleasure of the Court, for entring of which bail he payes.—
But if the party indicted for any offence, doth not come and appear gratis; the Court awards first a Venire facias, and after that a Dist ingas, which may be renewed as often as the Court pleaseth, if the person offending have any visible estate by which he may be distrained; but if the Sheriff re∣turn that he hath nothing by which he can be di∣strained, then doth the Court award a Capias alias, and Pluries, untill the party be outlawed, by which he forfeits all his goods; all which process bear Teste under the name of the Chiefe Iustice, and when there is none, then under the Teste of the eldest Iudge of that Court.
In like manner, if a man be indicted at the ge∣nerall Sessions of the Peace, or at any privie Ses∣sions, and do not appear gratis; the Court there will award process to bring him in to answer: first a Venire facias, and then a Distringas; and in case there be no distress to be taken, then an alias and Pluries, untill the party be outlawed, as aforesaid, which Writs are now in the name of the Keepers of the Liberty of England, but the Teste is under