The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

LXVII. Mich. 15 Eliz. In the Common Pleas.

THe Case was, That an Information was exhibited into the Court of Common Pleas, for the Queen and the party, upon a Penal Law; And a Subpoena issued forth against two: one of them was served with the Writ, and the other not; and now, a new Subpoena was prayed against him who was not served: And Dyer, Iustice, conferred with his Companions and the Prothono∣tary, and demanded of them, If the Plaintiff might Exhibit an Information in this Court? Who answered, That he might; for this is a Court of Record, and the Statute Law limiteth, That it may be exhibited in any of the Queens Courts of Record. Then he demanded of them, If a Subpoena lay out of this place? And Whetley, Prothonotary, said, That it did. Dyer said, It is a strange thing to have an Attachment at the first day. Manwood said, In this Court it is the common usage, upon an Audita Que∣rela, to award a Venire facias against the Conusee. Dyer, said to the Prothonotaries, Advise with your selves against the morrow, What Process hath been used to issue forth upon the Presidents of Information which have been before this time, If a Subpoena shall be awarded. And afterwards it was said by Gawdy, who moved for it, That he might have a Subpoena upon this matter.