CCCLXXVIII Penruddock and Newmans case execution return of the sheriff  surrender in a ejection strong the plaintiff declare upon a lease make by the  Lord Morley and upon not guilty plead this special matter be find that William  Lord Mountegle seize of the manor of d whereof c become bind in a statute in  such a sum to a who die the executor of a sue execution against the say lord  upon the to stretch out facias a freedom issue forth upon which the say manor  be Leonard deliver to the say executor but be not return it be further find  that the say executor be so possess of the say manor the say lord command a  court baron to be hold there which be hold accord by the sufferance of the  executor and the say executor be also present at which time the executor in  the presence of the say lord say these word videlicet we have nothing to do  with this manor and upon this verdict two thing be move if because the  liberate be not return the execution be good and as to that diverse book be  cite h e and it be say that there be a difference betwixt a liberate and a  capias ad to give satisfaction and a become facias for these writ be  conditional ita quod habeas corpus c ita quod habeas denarius hic in curian h  h but contrary in the writ of liberate to have facias seisinam for in such  writ there be not such clause and therefore if such writ be not return the  execution do by virtue of they be good enough and see h if the sheriff by  force of a elegit deliver to the party the moiety of the land of the defendant  and do not return the writ if now the plaintiff will bring a action of debt de  to make new the defendant may plead in bar the execution aforesaid although  the writ of execution be not return and Vet the execution be not upon the  record and see the case there put by hankford and it be not like to the case  of partition make by the sheriff the same ought to be return because that  after the return thereof a new and secondary judgement be to be give I quod  distribution prediction of Firmum to make firm to stay in continuous of Firmum  to make firm in continuous to hold see the book of entry and Egerton solicitor  cite a case late adjudge betwixt the earl of Leicester and the widow Tanfield  that such execution without return be good enough another matter be move admit  that here be a good execution if now the executor be in possession of the say  manor by force of that execution and permit and suffer the conusor to hold a  court there in the manorhouse and say in his presence the word aforesaid if  the same do amount to a surrender by the executor to the say conusor or not  and Wray chief justice say that here upon this matter be not any surrender for  here the word be not address to the say conusor who be capable of a surrender  nor to any person certain and it be not like to the case of e chamberlain  assize where tenant for life say to he in the reversion that his will be that  he enter the same be a good surrender for there be a person certain who can  take it but contrary in this case for here it be but a general speech it be  adjourn Len   pasch Elizabeth in the common plead