case BENNUS against GUYLDLEY Trinity term James roll a action on the case in  nature of deceit will not lie for sue on a judgement after a release but the  party sue ought to plead the release by hearing quaerela roll Abr Bl Rep  covenant must be bring and not assumpsit where the undertake be by deed  trespass and not case lie for arrest a man without warrant a plaintiff need  not show more of a deed than be necessary to support his action action upon  the case whereas the defendant recover against he seven pound ten shilling for  cost and damage and upon that judgement the plaintiff pay to he seven pound  and the defendant make he a release of that judgement and by his deed  covenantee that he will withdraw all process of execution for that debt that  the defendant intend unjust to vex he against his release and against his  promise in the say write the June James sue a capias ad to give satisfaction  against the plaintiff for his debt returnable in Trinity term follow which he  deliver to the sheriff to execute who by force thereof afterward videlicet the  July James arrest and detain he in prison until he pay the seven pound ten  shilling to his damage c the defendant demand oyer of the deed which be enter  in haec word a see will c S Bac Abr and web v Dirile Bac Abr croak James er p  wherein be the clause of release and covenant to withdraw the process of  execution and also another covenant which be not mention videlicet to  acknowledge satisfaction upon the plaintiff cost upon request the defendant  plead hereto that the sheriff do not arrest he by his appointment this plea be  vicious the plaintiff demurrer and upon argument the defendant do not maintain  his plea but take exception to the declaration croak throw first that he ought  not to sue this action in nature of a deceit as it be plead for sue forth  execution against his own release but he ought to have relieve himself by a  hearing complaint second that he ought to have have a action upon the case  upon the promise to withdraw process of execution and if he have extend yet  air assumpsit lie not thereupon because it be by deed and so he ought to have  a action of covenant and not a assumpsit And of that opinion be the whole  court as to that point three it be object that it appear by the plaintiff own  show that he be not grieve by this process of execution for it be show that  the sheriff arrest he upon the July which be a long time after the return of  the writ so it be do without warrant and be false imprisonment in the sheriff  who take he by colour of that process and for that cause principal this  declaration be hold by all the court to be ill fourthly it be object that the  declaration be not good because he declare upon a deed and recite but parcel  whereas he ought to show the whole deed say non allocator for he mention as  much as serve for his purpose in this action and the residue show do not alter  it wherefore for the first and three exception it be adjudge for the defendant