Bulstrode Higgens plaintiff against SOMMERLAND defendant in a to know facias  Cr Ro in a to know facias the case appear to be this a judgement be have in a  action of debt against Sommerland and Montgomery his bail take in execution  the debt be the bail pay part of the debt be unable to satisfy the whole judge  mean upon payment of this the dettee hic begin make a release unto he of the  whole debt judgement and execution and acknowledge full satisfaction unto he  of the whole judgement and this to be in full satisfaction and discharge of  the whole afterward the bail die Higgens sue execution again upon the first  judgement against Sommerland the principal debtor and sue out a to know facias  against he upon the first judgement after the death of the bail and after the  release and acquittance and satisfaction by he acknowledge unto the bail of  the be all the whole debt and so have the principal in execution again the  court be make acquaint with this and with these proceed say that in this case  the principal have no remedy by the law to help himself but by a hearing  complaint the release thus make to the bail be no way at all available unto he  yet the court in their discretion in this case of so very great extremity will  not put the party to his hearing complaint but in favour of he and for his  speedy remedy in this his case be so full of equity they grant a attachment  against Higgens the dettee and so upon his appearance to know the certainty of  the whole matter afterward on another day this matter be move again and the  court then leave Higgens the dettee either to appear in court gratis if he  will or the attachment to issue out against he be afterward do appear gratis  and yet notwithstanding that his release be under his hand and seal and he a  man literate yet he do not stick to say that he be very great deceive in this  and say that he do never intend this release to be a full discharge of the  whole judgement but only of which he have receive Henry Yelverton for  Sommerland urge against Higgens that when he have once take the bail in  execution he can never after this have execution against the principal for any  insufficiency of the bail be thus take in execution dodderidge justice he can  have execution for a moiety against the bail resort to the principal for the  other moiety for if he take the bail once execution by this by the law the  principal be for ever discharge for it be at the first in his own election to  have execution against which of they he please George croak if there be two  bail he have execution for the moiety against one of they he may here  afterward resort to the other and have execution against he for the other  moiety Henry Yelverton agree this to be so and so it be likewise if there be  two principal for here they be Bulstrode er p in one and the same course and  degree the whole court agree in this that if the bail be once take in  execution he shall never after this have execution for any part against the  principal and so if he once have the principal in execution he shall never  after resort gain unto the bail if the principal be insufficient to discharge  the debt in this case here he sue out a to know facias against the principal  after the death of the bail and after his release to he and satisfaction by he  acknowledge to the bail of the be the whole debt and so by this mean have take  the principal again in execution the whole court be clear of opinion that  these proceed be very have and undue and so do in contempt of the court but  Higgens the party upon the motion to he by the court do assent torelease unto  Somnierland the principal all the whole judgement and whole to Bulstrode  discharge he of and from this execution note that upon the plea of Higgens  that the release be write but not read unto he the Courtthen demand whether he  be a man illiterate to plead this but it appear that he be not note that upon  this man secondary do say that as this case be the law be so clear and the  common practice here have be always so that if a man have a judgement against  one in debt and take the bail in execution for it that he by this have now  lose his first election which he have of take out execution against the one or  the other and that be can afterward resort unto the principal by a to know  facias to be sue out against he for the insufficiency of the bail be can  resort from the one to the other to have a plenary satisfaction of his  judgement quod notam