atkins case anon first seal after Hilary term February after the plaintiff at  law have obtain judgement against p and a award of execution on the to know  facias to revive a judgement p obtain a injunction on the common term of give  a release of error and afterward bring a writ of error in the exchequer  chamber this it be a breach of the order and a contempt of the court the  marquis of powis after the plaintiff at law have obtain judgement against he  and a award of execution upon the to know facias to revive the judgement  obtain a injunction in this court upon the common term of give a release of  error my Lord powis have bring a writ of error in the exchequerchamber upon  the to know facias and the defendant in error have plead the release of error  give by the plaintiff in error and have likewise move in this court against  Lord powis for a contempt in disobey the order of the court for release of  error the question be whether the release of error shall be confine to the  original judgement or whether it shall be extend to error in the award of  execution on the to know facias Lord chancellor I be of opinion that if it  have be give immediate after judgement enter and before the to know facias be  take out the word in the common form of release of error relate to time pass  as have do and suffer must be confine to such action or judgement as be  already accrue and bring a writ of error upon a award of execution on a to  know facias to revive that judgement will not be a breach of the order and a  contempt of the court but in the present case as the release of error be after  the award of execution on the to know facias there be word in the release as  warrant process c that will extend to make it a release of error upon the  award of execution in the case in I Mod lord hale be of opinion a writ of  error will lie in the exchequerchamber of a judgement on a to know facias  ground upon a judgement in one of the action mention in Elizabeth c because it  be in effect piece or parcel atkins er p of one of the action therein mention  but in the case of hartop versus holt Mod the court be of opinion the design  of this act of parliament be to give a writ of error upon the merit of the  case but here the right be determine and the writ of error be bring u on the  atkins award of execution so that the exchequerchamber have no authority after  they have affirm the first judgement therefore the writ of error be no  supersedeas vide Loyd v skutt dougl in consideration of this release be so  long ago as I will not consider the breach of the order as a contempt of the  court but direct that the marquis of powis proceed on the writ of error shall  be stay