&c.  &c.
»  This


Habeas  Corpus  and  Returns  thereto.
This   cafe  is  reported  ^  Keble,  764,  799,  811,  -who  fays  «  •  P.  /^zb.
procedendo  was  denied  by  the  court,  ivho  judged  it  iinreafon-

able  for  a  man   to    be  disjravchifed  for    ivords,    and  that

the     aldermen    Jliould    be    judges     in     their     oivn   caje  ;

find  that    they  could   not   commit  for   any    contempt  out   of

court,  according  to  Cro.    El.    78,  Simmons  againji  Siveet  ;

and  689    Dean\  cafe,    and   Moor  247.    PL    389.       The

Serjeant   in  his   notes  fays,  that   after  jt'Veral  motions  for

a.  procedendo,  the  coje  was  referred  and  agreed,  and  then

a  procedendo   was  granted,    no  defence    beiiig  made ;    this

ivfls  Trinity,  ^Oth  Charles  id.
This  cafe  it  alfo  reported  2  Levinz,  200.
Habeas  Corpus  for  Smartfoote.
CHARLES  the  2d  &c.   to  th'e  mayor,  aldermen  and  fherifFs
of     London,    greeting :     We    command    you,    as  we  have  Writ  of
often    times    commanded    you,     that    the     body  of  Fran-  pluries  ha-
cis  Smartfoote  in  our  prifon   under  your  cuftody  detained,  ''eas  corpus
as  it  is  faid,  together  with  the  day  and  caufe  of  his   caption  |"'^IJ^"^  ^"
and  detention,  by  whatfoever  name  the   faid   Francis  may  g^    alder-
be    called    in    the   fame,     you    have     before  us     at    Weit-  men  and
minder  on  the   Saturday  next  after  the  oftave  of  the  bleff-  fherifi";  of
ed  Virgin  Mary,   next  enfuing,  to  fubmit  to  and  receive  all  London,
and  fingular  thofe  things  which  our   court  concerning  him  ^^["^g^R^
then    and  there  Ihall  ordain  in  this  behalf,  and  this  in  no    *
wife  omit  under  the   pain  of  20I.  and  have  there  then  this
writ.     Witnefs  R,  Rainsford,  at  Weftminfter,  the  9th  day  of
February,  in  the  30th  year  of  our  reign.
