CCCVIII. Brereton and Auser's Case. Hill. 31 Eliz. In the Kings Bench.
JOhn Brereton of the Inner-Temple, brought a Writ of Error against Auser, to Reverse an Outlawry; And the Case was, That the said Auser had caused the said Brereton to be endicted, upon the Statute of Magna Charta, and divers other Statutes; For that, Whereas the said Auser had sued the said Brereton in a Bill of Debt in the Court of Request against the said Brereton; and by the said Suit procured the said Brereton to be imprisoned; Vpon which Endictment, Brereton was Outlawed; And Error was assigned in the Outlawry, because whereas the Endictment was taken in Middlesex, the Exigent upon it was in London; whereas it ought to issue out of Middlesex; but the proclamations issued in the County whereof he was named Nuper; and that was pe∣remptory, for if he make default upon that Process, he shall encur the danger of a Praemunirè: And for that cause, the Outlawry was reversed. Also, the party was discharged of the Endictment; for this Suit in the Court of Requests, as it appeareth upon the En∣dictment, was before Iudgment in the Bill of Debt.