Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	law_n	plaintiff_n	2,005	5	10.1186	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86253	The law of conveyances, shewing the natures, kinds, and effects, of all manner of assurances, with the manner of their several executions and operations. Also directions to sue out and prosecute all manner of writs, of extent, elegit, and judiciall writs upon statutes, recognizances, judgments, &c. A warrant to summon a court of survey: and the articles to be given in charge, and inquired of in that court. With an exposition of divers obscure words and termes of law, used in ancient records, &c. And also plaine decimall tables, whereby may be found the true values of lands, leases, and estates, in possession, or reversion. With a concordance of years, &c. / By John Herne Gent.	Herne, John, fl. 1660.	1655 (1655)	Wing H1570; Thomason E1597_2	165,473	258

because that by a Release of Demands all the meanes and remedies and the causes of them which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest to the thing it self But note although that a Release of all Demands be of so great extent yet that extendeth not to such Writs by which nothing is demanded neither in fact nor in Law by doing onely to releive the Plaintiff by way of discharge and not by way of demand A Release of all Demands is not a bar in a Writ of Error to reverse an Outlawry By a release of all demands Rent-seck all Actions mixt Warranty which is a Covenant reall and all other Covenants reall and personall Estovers all manner of Commons Profits apprender Conditions before they be broken or performed or afterwards Annuities Recognizances Statutes Obligations and Contracts c. are released and discharged If a man by Dead covenant to make a house or to make an Estate and before the Covenant broken the Covenantee release to him all Actions Suits and Quarrels that is no discharge of the Covenant because that at the time of the Release nothing was due nor was it any debt or duty or any cause of Action in esse but in this case of all Covenants is a good discharge of the Covenant before it be broken A Release of all duties extendeth to all things due which is certaine and therefore dischargeth Judgments in personall Actions and Executions also If the Plaintiff after Judgments release all Demands the execution is discharged By a Release of all Quarrels all Causes of Actions are released although no Action be then depending Coke 10. pars fol. 51. 38 H. 8 Release 6 H. 7. 15. 19 H 6. 3. 4. 40 E. 3. 22. 5 Eliz. Dyer 217. By a Release of all Suites the execution is released If a man be in Execution If a man make a Lease for ten years the remainder for twenty years he in remainder releaseth all his right to the Lessee he shall have an estate for thirty years for one Chattell cannot drown in another and yeares cannot be consumed in years Cokes Littleton 260. b. Co. 6. pars fo 47. a Release of all Debts or Duties he is to be discharged of the Execution because the Debt or Duty is discharged If Judgment be given in an Action of Debt and the body of the Defendant is taken in execution by Capias ad satisfaciendum and afterwards the Plaintiff releaseth the Judgment by that the body shall be discharged of the execution In an Action of Debt brought by Hoe in the Kings Bench If a rent be behind for twenty years and the Lord do make an Acquittance for the last that is due all the rest are presumed to be paid And the Law will admit no proof against this presumption Cokes Littleton fol. 373. Phelix Marshall was baile for the Defendant and afterwards before any Judgment given the Plaintiff released to Pehlix all Actions Duties and Demands and after Judgment was given against the Defendant and upon a default of the Defendant Scire facias went out against Phelix Marshall who pleaded the said generall Release upon which plea the Plaintiff demurred And it was adjudged that this Release shall not bar the Plaintiff for the words of the baile are conditionall viz. Si contigeret predictum defendentem debit dam. ill prefat quer minime solvere aut se prisonae Mareshalss ea occasione non reddere c. So that it may not be by the said Baile any certaine duty untill Judgment be given for before that none may know to what summ the Debt and Damages will amount to he which is baile for the Defendant is not bound in any certaine summ at the first but his Recognizance being generall shall be reduced to a certainty by the Judgment and not before The effect of a speciall bail given in the Kings Bench. The Condition c. That where the above named H. C. and one R. H. in their proper persons have undertaken so the above bounden C F. by a Recognizance or Mainprise taken and knowledged before the Justices of the Kings Bench at Westminster that if it happen the said C. F. to be condemned in any Action at the suit of T. B. Esquire that then the said R. H. and H. D. did grant all Costs and Damages and Executions which should be judged to the said T. B. in that behalf should be levied to the use of the said T. B. of the Lands and Chattels of the said R. H. and H. C. if so it be that the said C. F. do not pay the same Damages himself to the said T. B. or restore and yeild himself againe by meanes thereof to the Prison of the Marshall of the Marshalsey if the said C. F. his Heires c. and every of them at all times hereafter from time to time do well and truly acquit discharge or save harmlesse the said H. C. and R. H. their Heires c. and every of them against the said T. B. his c of and for the breach and forfeiture of the said Recognizance and Mainprise and of and for the execution of the said Action whereupon the same Recognizance and Mainprise was so taken and knowledged and also of for and upon all other Bonds Obligations and Recognizances wherein the said H. C. standeth bound to any other person or persons for and in the behalf of the said C. F. that then c. Cases in Law of divers and sundry manners and matters I. A. by Indenture bearing date the third of May Livery and seisin void but if in this case Livery be made by the Lessor himself at the day that this Lease in futuro is to commence then the Lease is good but if by Attorney then void vide plus de hoc fol. 50. fol. 51. leaseth a Messuage to B. to have to the said B. from the Feast of the Annunciation of our Lady then next coming for the terme of his life and Livery is executed the tenth of March following the Livery in this case is void because every Livery ought to vest the Freehold in him to whome the Livery is made at the time of the Livery and this Grant did not commence untill the Annunciation following so that the livery could not bring a possession before the terme was to begin and where there is no Estate present whereunto the livery may be annexed nor whereunto it may unite in the mean time then such livery is void Plowden fol. 156. An estate of Frank-tenement at the Common Law may not commence in futuro A Frank-tenement be it in possession reversion or remainder may not be limited to commence at a day to come but ought to take effect forthwith in possession reversion or remainder as if a man make a lease for life to begin at Mich. next that is void so if a man make a lease for life to have from the date

cap. 18. and 33. H. 8. cap. 39. Debitor of the King possessed of a Lease selleth it bona fide This bindeth the King for it is but a Chattel Co. 8. 172. Note that the King shall levie the summe for which any is chargeable unto him not only against the party himselfe scil of his body his lands and goods in his own hands but in the hands of his Heires Assignes Executors or Administrators and if he hath no Executors or Administrators then in the hands of the possessors of the goods of the dead What Lands and goods shall be extended or taken by the Sheriff in Execution upon Statute c. in case of a common person NOte that upon Statute Merchant or Staple all the Fee-simple Lands which the said Connusor had at the time of the said Statute acknowledged or at any time after shall be liable to the said Statute into whose hands they shal ever come afterwards by alienation Feoffement or otherwise Stat. de mercator 13 E. 1. 27 E. 3. cap. 9. 23 H. 8. Co. 3. 12. But if the Debitor die the body of his heire shall not be taken but his Fee simple lands which descendeth to him from the Connusor shall be taken in form aforesaid if he be of full age or when he commeth to full age untill the debt be levied Statut. de mercator And so was the common Law before that in debt against the heir the Plaintiff shall have all the Land which discendeth to the heir in execution and yet he shall not have then execution of any part of the land against the father himselfe Note that it hath been holden that the heir shall not be charged where the Executors have assets Fitz. Executors 25. Br. Debt 237. 17 E. 4. 13. Plow 439. 440. But at this day the law seemeth otherwise scil that it is at the election of the Creditor to sue the heir or Executors when both have assets 4 E. 4. 25. 22 H. 6. 4. 10 H. 7. 8. Doct. Stud. 153. Dier 204. Plowden 439. 440. Also it seemeth that if the heire doth not confesse the action and shew the certainty of the assets which he hath by discent but plead nothing by discent or is condemned by default that there the Plaintiff shall have execution of his other lands or of his goods or of his body by cap. ad satisfac Plow 440. Note that Fee-simple lands of the heire which he hath by discent the day of the Writ purchased or after shall be liable but otherwise if he hath aliened before the Writ purchased unlesse it be by covin Co. 5. 60. Possession in law discendeth upon the heir shall charge him So where he enters upon a condition Br. assetts 8. Reversion upon an estate for life discends upon the heire that shall charge him Br. Assets 12. 19. A reversion shall be put in execution and the judgment shall be cum acciderit and in the meane time of the rent Di. 373. Fitz. Assetts 237. Note in debt a man shall have execution of no land but of that which the Defendant hath the day of the judgement given 2. H. 4. Fitz. Executors 24. If a man sue a Statute Merchant of parcell of the Lands in name of all the Lands he shall not have other execution afterwards Fitz. Execution 13. 4. If I have but one Acre by discent I shall be charged with 1000 l. by obligation made by my father by Belk 40 E. 15. Fitz. Execution 32 vide quaere For it seemeth that the heire may confesse what he hath by dscent and demand judgement whether of more then of the value therof he ought to be charged Lands intailed are liable but during the life of the Connusor as if tenant in taile be bound in a Satute or Recognizance the land taile shall be bound during his life but it is not bound against the issue in taile Br. Recog 7. yet if the issue in taile enfeoffe a stranger now execution shall be against the Feoffee 19 E. 3. Fitz receipt 112. But if Tenant in taile acknowledge a Statute or Recognizance and after alien the lands in the hands of the Feoffee or alienee shall be subvert to this Statute or Recognizance Co. 1. 62. and 2. 52. 8 H. 7. 89. Copy hold Lands are not liable nor shall bee extended upon a Statute or Recognizance Lease or Terme for life shall be extended Lease for tearme of yeares and all other goods and Chattels of the Connusor or Debitor are liable and shall be extended ss such which the Connusor c. hath in his owne possession and to his own use at the time of the execution sued or awarded But sale of Chattels bona-fide after judgement and before execution awarded is good but not after execution awarded as appeareth in 2 H. 4. fo 14. per curiam Yet by Babington 7 H. 6. Br. execution 116. if a man be condemned in debt or bound in a Statute the goods which he hath the day of the judgment or knowledge of the Recognisance shall be bound to the execution in whose hands soever they shall come quod non fuit negatum Co. 7. 39. a every execution in judgement of law hath relation and retrospect to the judgment But a fraudulent conveyance or gift of Lands or goods shall not advoid any execution vide le statutes 50 E. 3. ca. 6. 1 R. 2. ca. 9. 2 R. 2. Stat. 2. ca. 3. 3 H. 7. ca. 4. 13 Eliz. ca. 5. 7 les liures 43 E. 3. fol. 3. Dier 295. Co. 3. 81. 82. 83. Lands in ancient demesne are liable to the Statute vide Fitz. Execution 118. and retorne 109. contra Lands or goods holden joyntly by the Connusor with a stranger and the connusor is condemned in damages and dieth before execution those lands or goods comming to the stranger by survivor are not extendable Br. execution 126. 148. 13 H. 7. 22. a. Lands of a wife are extendable during the coverture by debt of the husband 15 H. 7. fo 14. Rent may be delivered in execution Fitz. avowry 237 Exec. 63. Rent extent by release of the party may be extended Co. 7. ●8 39. As if a man hath judgement to recover debt or damages by that the rent which he hath of any estate of Frank-tenement is liable to it and therefore although that after judgment that be released yet that may be extended But a man shall never have a thing extended upon an execution except that he may grant and assigne the same thing by Shelly 28 H. 8. fo 7. So the profits of an Office or other thing which may not be granted or assigned over shall not be extended Dier fo 7. Goods demised pawned or pledged may not be taken in execution for his debt that demised or pawned them during or terme that they are s● demised or pawned 22 E. 4. fo 10. 34 H. 8 Br. pledges 28. As as if a man bona fide lease his Sheep or Oxen for years or if he

deliver his goods in pledge after shal be condemned in personall actions there such Sheep or goods shall not be taken and put in execution untill the lease be determined or the money paid for the pledge Br. distresse 75. So it seemeth of Goods which are distrained for just cause as for rent amercement damage feasant such like and are impounded they are now in custodialegis as long as they are so they may not be taken in execution Br. pledges 28. If the Connusor enfeoffe the King that land is discharged from execution Fitz. 266. so all other lands of the King are exempted from distresses and executions Plowden 242. b. If many men be severally seised of lands and they all severally joyne in one recognizance Satute Merchant or Statute staple in this case the connusee may not extend the land of any of the Connusors onely but all the Connusors ought equally to be charged the one of them alone shall not beare all the burthen because they are all in equall degree and in executions which concerne the realty and charge of the land the Sheriff may not doe execution of the Land of the one alone Co. 3. 13. a 14. When the Connusor hath aliened part of his land yet the Connusor himselfe at the Will of the Connusee may be solely charged because he himselfe is the person which was the debtor and which was bound and therefore he and his lands may be solely charged Co. 3. 14. Br. suite 10 12. And as to a purchasor of lands although their said Lands after the judgement recognisance or Statute be subject to the execution yet such purchasors have greater priviledges given to them by the law then the Connusor himselfe or his heires have So that if land of a purchasor be onely extended for the entire debt such purchasor shall have contribution against all the others of the purchasors and against the connusor or his heir but note that by this word contribution it is not to be understood that the others shall give or allow to him any thing by way of contribution but ought to be intended that the purchasor or party which hath his lands onely extended for all may by Audita querela or scire facias as the case requireth defeate the execution and therby shall be restored to all the meane profits and drive the Connusee to sue execution of all the land so that in this manner every one shall be contributory that is the land of every ter-tenant shall be equally extended co 3. 14. But if the Connusor enfeoffee the connuse of parcell of the land and a stranger of another parcell and reserve parcell in his hands now the connusee shall not have execution against the stranger or any other Feoffee for all shall be extinct against the Feoffees but yet against the connusor the connusee shall have execution of parcell which remaineth in his hands If connusor of Statute Merchant or statute Staple be taken and die in Execution yet the connusee shall have execution of his lands and goods co 5. 86. 87. Fitz. 246. b. If the connusor upon a Statute c. be taken in execution and escape yet his goods and lands upon the same statute may be extended for the escape and the action which the Plantiff had against the Sheriff for the escape is not satisfaction for the debts co 5. 86. By the statute of 3. Jacobi cap. 8. no execution shall be stayed or delayed by Writ of Error or superseded for reversing of any judgement in any action of Debt except the party which sued such Writ of error with two sufficient sureties be first bound to the party for whom such judgement is given to prosecute the said Writ of error with effect and to pay all the debt damages and costs c. if the judgement be affirmed and also costs and damages for such delay And therefore if a man be condemned in any court and his body put in execution and after he procures a Writ of corpus cum causa or certiorari to be directed to the Sheriff to remove his body there the Sheriff upon the said Writ ought to return the truth scil that his prisoner is condemned by judgement given against him upon which the Prisoner shall be forthwith remanded to prison there to remaine untill he hath satisfied the Plantiff 2 H. 5. cap. 2. Fitz. 151. e. If a statute be acknowledged to 2. and the one of them after purchase lands of the connusor then it seemeth that the said statute hath lost his force against both see the Register 147. If execution be sued of the body and of the land and after the connusor enfeoffeth the connusee of the Land or surrender parcell descended to him in all these cases the body shall be discharged for by discharge of part of the thing in Execution all is discharged Plow 72. b When the extent upon a Statute is satisfied and ran out by efluxion of time the Connusor may enter againe Co. 4. 67. But when the extent is satisfied by casuall profit the Connusor must have a Scire facias ibid. Defeasance to a Statue made after execution is good and defeateth aswell the Statute as the execution thereupon Co. 6. 13. But note where the Statute of Actor Burnell is that if the Prisors of the goods of the Connusor prize them too high in favour of the Debitor and to the dammage of the Creditor the things so prized shall be delivered to the Prisors by the same price and they to yield the Credtior his debt these Statutes are penall and extend not to any other Writs of execution but upon the Statute Merchant or Staple or recognizance and therefore upon a Writ of Elegit or other Writ of execution upon judgement if the extenders or prisors praise the lands or goods too high the Plantiff scil the Creditor hath no remedy Benl 4. P. and M. Note that when the lands or goods are delivered to the extenders they forthwith shall answer to the Creditor his debt by the words of the Statute and yet they shall not pay the money untill the daies assessed and limited in the extent Plow 205. b. If the Debitor complaine that his goods or lands were sold or delivered to the Connusee at too low a rate yet he hath no remedy Stat of Actor Bur. for in such cases the Debitor may pay the money and recover his lands and good 15 H. 7. 15. The creditor may well refuse to accept because the Sheriff will not deliver but parcell of the lands of the Connusor for if he accept it he shall be concluded to demand all afterward Fitz h. execution 84. 88. Execution upon a Recognizance REcognizance is an obligation of record acknowledged in any Court of Record or before any Judge or other Officer having authority to take it as before the Judges of the Kings Bench or of commons Pleas the Barons of the exchequer the masters of Chancery the Justices of Peace

such lease or terme yet false recitall notwithstanding if the Sheriff sell also all the interest that the Debitor hath in the said land that sale is good Also the Sherriff need not to mention any certainty of a terme in his returne of Fieri facias but generally quod fieri fecit de bon catall c. Note that it is at the election of the Sheriff to extend or to sell a lease or terme as long as it remaineth in the hands of the Debitor scil the Sheriff at his election may sell that quite or he may extend and deliver it to the Connusee at a certaine yearely value as of Frank-tenement and there the Connusee to whom the terme is delivered hath a property which is uncertain and the Lessee or connusor himselfe hath another propetty so that upon the payment of the debt or upon the debt received of the revenew of that by the connusee the connusor shall have his terme Plow 5. 24 Co. 8. 171. Note there a diversitie between the sale by the Sheriff of a terme and an extent of a terme and that upon sale of a terme by the Sheriff the partie hath no remedie to have his terme againe if any remain after the debt satisfied as it seemeth Execution upon Capias ad satisfaciendum NOte upon a Capias ad satisfaciendum although the Defendant be not found the Plantiff may not have another execution 20. E. 2. and this capias ad satisfaciendum is onely against the body which the Sheriff must be sure to keep safe or else perhaps pay the debt himselfe and therefore if the Sheriff shall take a upon a Capias ad satisfaciendum to him directed or shall have any prisoner to him committed for debt upon any execution and he after shall let the Prisoner goe at liberty before the debt be satisfied the Creditor may either have his action of debt against the Sheriff and shall recover his debt or the Creditor may have his action of the case against the Sheriff 22 H. 7. 23 Fitz. 93. a. c. And if the Prisoner doe escape of his owne wrong against the Will of the Officer although he escape and get out of sight or into another County where the Sheriff or Officer hath no authority yet if fresh suite be made and he be taken again upon the fresh suite he shall be said to be still in execution Co. 3. 52. And if the Prisoner do escape against the will and without the consent of the Sheriff or his Officer may then the Sheriff or his Officer take him again where or whensoever hee can find him by vertue of the same Writ before the returne thereof yea though it be in another County And if that the prisoner which so escaped be followed with fresh suite and taken again before an action be brought by the Plantiff against the Sherriff for the escape it shall be adjudged no escape Co 3. 44. 52. And if the Plantiff hath brought his action against the Sheriff for the escape before he hath taken the prisoner againe Or if upon the escape the Sherriff or his Officers did not make fresh suit after the Prisoner yet in both these cases if the escape were against the will of the Officer the Sheriff may take such prisoner again and keep his body in custody untill the prisoner hath made his agreement with the Sheriff or otherwise the Sheriff may have his action upon the case against such prisoner for such his wrongfull escape if the prisoner that so escaped be able to make him satisfaction And the prisoner in these cases shall not be relieved because the escape was of his owne wrong and without the consent of the Sheriff or Officer co 3. 52. If the connusor of a Statute Merchant or Staple is taken and dies in execution yet the connusee shall have the execution of his goods and lands Co. 5. 87. Connusor upon a Statute is taken and escape yet his goods and lands upon the same statute may be extended For although by the law unica tantum fiat executio yet that is to be understood of an execution with satisfaction Where 2. men are condemned in debt and the one is taken and dieth in execution yet the other may lawfully be taken in execution co 5 86. So if two be bound joyntly and severally in one Obligation and the one is sued condemned and taken in execution yet the other also may be sued and taken in execution untill the Plantiff be satisfied in deed of his intire debt co 5. 86. If a man hath judgement in an action of debt and after the judgement outlawes the Defendant there if the Defendant be taken by Capias utlegat at the suite of the King he shall be in execution for the Plantiff if he will co 5 88. Also in all cases when the Plantiff may have a cap. ad satisfaciendum and the defendant is taken by cap. pro fine there the Defendant is in execution forthwith if the Plantiff will without any prayer of the partie co ibidem And in such cases if the Sheriff suffer such prisoner to goe at large it seemeth to be an escape and that thereby the Sheriff is subject to pay the Plantiff his debt Fitz. 121. p. By the law those which are in execution ought not to goe at liberty within the prison much lesse abroad though with their keeper but such prisoner ought to be keept in arcta salva custodia yea the Sheriff may keep such as are in execution in Gives and Fetters to the intent that they may the sooner pay and satisfie their creditors 13 E. 1. cap. 11. 2 R. 2. cap. 12. co 3. 44 Plow 360. a Where the Sheriff hath one in execution for debt an Habeas Corpus commeth to him to have the body in the Kings Bench at a certain day and he carrieth his prisoner to London to an Inne c. and the Prisoner of his owne head goeth at large and after commeth againe to the Sheriff so as the Sheriff at the day of the returne of the Habeas corpus doth deliver the body in court this was adjudged to be no escape for that the commandement of the Writ is performed scil to have the body in court at such a day and in such case the Sheriff may go and take what way or place he shall think to be most sure and safe for himselfe and to carry his prisoner co 3. 44. It was adjudged if one being in execution no commandement although of the K. himselfe without Writ is sufficient Warrant to discharge the Keeper c. and so by the same reason shall not discharge the Sheriff But note that inasmuch as escapes are so penall to Sheriffs Bayliffs of Liberties and Goalers the Judges of the Law have alwaies made a favourable construction as much as the law will permit in favour of the Sheriffs Bayliffs of Liberties and Goalers who are Officers and Ministers of Justice co 3. 44. Note if

a man recover debt or damages against against another he may chuse to have a cap. or elegit but if he take the Capias he shal not have the Elegit afterwards nec e converso 15 H. 7. 15. Fieri facias THis Writ of Fieri facias is onely against the goods scil Leases for yeares or moveables goods as Cattel Corne House-hold-stuffe Money Plate Apparrell and this Writ ought also to be sued within the yeare after the judgement Co. 3. 12. In the execution of a Fieri facias it is the surer course for the Sheriff either to keep the goods untill the parties be agreed or else to take good security of the Plantiff to defend and save him harmeless and to stay the returning of his Writs untill he may be well advised what to doe therein But if he take a bond of the Plantiff it is questionable whether it be good or no in law and not within the compasse of the Statute of 23 H. 6. ca. 10. to be taken colore Officii But the safest and surest course for the Sheriff or Officer is not to take in execution or not to meddle at all with any such goods as shall not not plainly appear to them to be the proper goods of the Defendant for it seemeth that the Officer is bound at his perill to take knowledge whose the goods are or at lest that they be the proper goods of the defendant Note that after the Fieri facias a man may have the Elegit but not e contra because the Elegit is of a higher nature then the fieri facias Upon a fieri facias the Sheriff may sell a Lease or terme of yeares and upon a fieri facias the Sheriff ought to sell to levy the debt Co. 5. 90. Co. 8. 171. Upon a fieri facias if the Sheriff sell the goods and after the judgement is reversed in a Writ of Error yet the defendant shall not have restitution of his goods but the value of them for what they were sold and those which so buy such goods of the Sheriff may lawfully enjoy them for the Sheriff which made the sale had lawfull authority to sell and by the sale the Vendee hath absolute property in the goods and if the sale of the Sheriff by force of the Fieri facias shall be avoided by subsequent reversall of the judgement then no man will buy and by consequence no execution shal be done Co. 5. 90. and 8. 96. and 143. Levari facias THis Levari facias is onely to be executed upon the profits of the Lands and upon the goods or the Sheriff may hereupon take the rents payable by the tenants in execution for the debt and bring them in Court but he cannot seise the land and deliver that to the party by this VVrit Plow 441. a. and this ought to be sued within the yeare after the day of payment to be made by the recognizance or after the judgement for after the yeare the Connusee or Plantiff is now by the Statute of Westminster 2. cap. 45. to have a scire facias whereby the Sheriff is commanded that he give knowledge to the Defendant that he appeare in the Chancery at a certaine day there to shew what he can say why he should not pay the debt or dammages and if he come not at the day or doe come and can say nothing why execution ought not to be done then the Sheriff shall be commanded to do execution Fitz. 266. c. And if the Sheriff upon the Levari facias shall returne that he hath levied part of the sum scil 20 l. part thereof which he hath delivered to the party now upon this returne the party which ought to have the money may have a sicut alias Levari facias directed to the Sheriff to levy the residue of the sum Fitz. 265. h. Summons SUmmons is a Writ to the Sheriff to cite or warne one to appeare at a certaine day and the Summons must be made by or in the presence of two or three Summoners and these summonitors ought by law to be liberi legales homines as it seemeth In Summons in reall actions the Summoners in the presence of the Pernors or Veiors ought to summon the tenant first to keep his day of the returne and to name that in certainty to answer c. Secondly they ought to name the name of the demandant and Lastly they ought to name the Land in demand co 6. 54. This word Pernor seemeth to signifie the Pernor of the profits of the land or the Occupier or Farmer therof And this Veior to signifie such as are sent by the Court to take view of the place in question for the better decision of the right Minshaw Note that the Defendant ought alwaies to be summoned 15. daies at the least before the day of the returne of the Writ 28 E. 1. cap. 15. Fitz. 177. Note when the Tenant appeares by the summons he may not take advantage after to say that he was not well summoned and so if he bee essoined for all that affirmeth the Summons 46 E. 3. Br. Summons 22. Note also if the Sheriff shall summon him which hath no land to or by his person and shall returne him summoned it is good And in Actions of annuity Covenant or the like Summons is the process hath he land or not and where a man hath no land where he may be summoned there the Sheriff may summon him by his person 33 H. 6. 4. H. 7. 7. In a Writ of right of Advowson the Sheriff may summon the Defendant in the Church Br. returne 101. 11 H. 6. In a quaere impedit the Sheriff may summon the Defendant in the Church IX H. 6. and so by advise it was done inter Lancelotum episcopum Eliens and the Author of this book Anno 16. Jacobi regis In a Praecipe against 4. the Sheriff cannot summon the one but that is a summons to all 3 E. 4. Br. Summons 10. In a Praecipe there ought to be two summoners for if there be but one and the Tenant maketh default and loseth by default he shall have a Writ of disceit against the Sheriff Plow 393. Note that the Tenant may wage his law of non summons and yet a corporation recluse and decrepit may not do their Law but their summons shall be tryed by the country 33 H. 6. fo 8. Thel 334. Quaere Attachment ATtachement cannot bee by land nor by Chattel reall as a lease for yeares 7 H. 6. 27 H. 6. neither may a Table dormant or any other thing fastened unto the free-hold be attached 21 H. 7. fo 26. but an Attachment must be made by mooveables which may be forfeited by outlary and which shall be forfeited by the default of the party if he appeare not Br. 1. 4 In debt trespasse or the like a man ought not to attach the Defendant by his horse whereupon he rides where he hath other goods whereby he may be attached