alford against EGLISFIELD if a servant make a bill acknowledge the purchase of  good for his master use and bind himself to pay but do not seal the bill debt  will not lie against he but case on the assumpsit note by the opinion of the  justice of the bench that if a purveyor factor or servant make a contract for  his sovereign or master for fat beast for a certain sum of money and make a  bill of receipt for the beast to the use and behoof of the sovereign or master  and beside by the same bill bind himself to payment at a day certain but do  not seal the bill this be not such a contract as shall charge the purveyor or  servant by writ of debt count upon a buy but a action on the case will serve  on this occasion upon a assumpsit and this between Alford and Eglisfield see  of the undertake of the master for the debt of the servant c east Elizabeth  fol pl post and of the undertake to warrant a term of year m fol Goodbaylies  case mich James b r if a servant by express word do not bind himself to  payment if it come to the use of his master he be not Chargeable at all and  the servant ought to plead that it come to the use of his master the lord by  chivalry release to his tenant render a hawk this new reservation be void and  tenure by fealty continue Chuds case in the court of ware in the county of  Suffolk date of the deed in the time of h the lord by knightservice by a deed  bear date the h S the son of king John note of a date give to a deed at that  day give grant release and confirm to the tenant and his heir his service in  fee of Chelle which he hold of he by the service of one knight fee to have and  to hold to he and his heir of the say lord and his heir free quiet and in  inheritance for ever render thereof yearly to he and his heir one hawk at the  Feast of saint Peter ad vincula with a warranty of the service for the service  aforesaid whether the entire tenure be extinct by this deed or not quaere and  it seem by the better opinion that it shall not but that socage tenure be  reserve and no other service shall be do except fealty and the new reservation  of the hawk be void because the land be not give by the deed and the estate of  the tenant continue judgement reverse for want of plaintiff warrant of  attorney though the writ of error and judgement be both in the same term in b  r the archbishop of a recover in a action of debt by bill of Middles against  one in the custody of the marshal by confession of the action and a writ of  execution be award upon it and upon a capias ad to give satisfaction it be  return to take in hand corpus wherefore he be commit to the Marshalsea in  execution dyer a er p and bring a writ of error in b r and all this be dyer do  in this term and the error be in this that there be no warrant of attorney for  the plaintiff enter and therefore by the opinion of the justice of both bench  the judgement be reverse although it be strenuous pray for the plaintiff that  the justice will super the plaintiff to enter a warrant of attorney because  all be do in one and the same term and the record rest yet in their breast c  see otherwise in c b ante pro to ward off if plaintiff in his writ of error do  not prosecute his writ the term that the record be remove or if the record be  not remove on the same day that be limit by the writ of error then a warrant  of attorney ought to be enter by the court and the judgement shall not be  defeat