case Jennings against harley a promise to pay the debt and cost which the  plaintiff have recover by default against a three person if that three person  do not in consideration that the plaintiff will forbear to execute a capias  utlagatum will support a assumpsit yely Cowp assumpsit whereas one Basset be  indebt unto he in and that he bring debt and have judgement to recover and  thereupon sue a capias ad to give satisfaction and a exigent and the say  Basset be thereupon outlaw and that he intend to sue a capias utlagatum that  the defendant in consideration the plaintiff will forbear to proceed upon the  capias utlagalum which he have sue out usque ad boundary Paschce proxime  sequent assume that if Basset do not pay the debt that he will payit a and  allege in fact a nonperformance of the promise the defendant plead non  assumpsit and find against he after verdict it be move by Bacon in arrest of  judgement that the action lie not for this consideration be against law and  also void because this process isat the queen suit and not at the party gawdy  Fenner and Yelverton hold that the consideration be good for it be the party  suit as well as the queen for croak Elizabeth the party be the mean to entitle  the and n thereto and the party have the special carriage thereof and if the  sheriff suffer the party arrest upon such a she pias ullagatum to escape it be  a escape against the plaintiff as it be adjudge in shaw v Cutteries Popham e  contra for the suit be mere now the queen suit and a mean whereby the party  may have his execution for as the queen be entitle thereto by the party so  after the outlawry the party be thereto by the queen and that issue for the  contempt to the queen and if the party will not take it the queen attorney may  sue it out and the queen be not of right bind to satisfy the party out of the  good which be seize by this writ although she do it out of grace many time but  a petition of right lie not in such case and although the plaintiff have  advantage thereof in regard of the party who be take thereby to be in  execution which be the reason that he may have debt upon the escape yet he can  stay the execution of this writ so the consideration be void but  notwithstanding the other judge give rule that if other matter be not show  before such a day judgement shall he enter for the plaintiff and that the  defendant may bring his writ of error and no cause be afterward show c