Bulstrode Cowley plaintiff against LYDEOT defendant enter Trin James b r rot  cro Ro Rep Ro Abr a hearing complaint godb in a hearing complaint the case  appdared to be this one Bates and Cowley be joint bind in a recognizance unto  Lydeot who upon this have a judgement give for he in the c b against they both  upon which judgement he have a execution by a elegit against Bates and  afterward take the body of Cowley in b r in execution also for the same debt  and this after he have execution deliver unto he upon the elegit and the land  extend deliver unto he to hold the same until what time c and the good also  for satisfaction of the say judgement and upon all this matter show Cowley  bring here his hearing complaint pray to have allowance of it and to be  discharge note that the court allow of the hearing complaint for that it  appear by all the book that after a elegit take out and execute the party  shall not afterward resort to take the body in execution also here in this  case in the c b upon his judgement he have execution by elegit against the  land of Bates and here in b r he take the body of Cowley also in execution and  in prison upon the same Bulstrode er p judgement and for the same debt and for  this cause the court allow of the hearing complaint accord to his prayer for  the point of discharge the court give further time for the argument thereof  and so without any more say in this case at this time the same be by the court  adjourn to a further time for the argument thereof and the opinion of the  court therein afterward S term pasch James b r this case be move again unto  the court coke chief justice it appear by h fol Hillaries case if one do take  the body of the party this be not a plenary execution but only ad performance  and in e fol a good case to this purpose in debt against three or four by  several precipes upon one obligation every one of they bind in the whole they  come and plead and the plaintiff have judgement give for he it be there say by  Copley the prothonotary that the entry of the judgement in this case shall be  that the plaintiff to have recovery svan against the defendant and against the  two other which be bind with he by their obligation versus utrumq the dawn  quod to have performance versus predict the defendant versus utrumq the dawn  and so be may sue execution against each of they several Blumfields case coke  pars fol the entry be quod only fiat execution so much but this be to be  intend such a execution which be a satisfaction a execution by elegit be the  high execution in its nature that be and the sheriff by this be to deliver  center point land the execution be entire and not to be divide mark dyer fol  plea a extent upon a elegit be to be by inquisition per Sacramentum dvodecim  estimable of man infinitum in jure to disapprove if a execution he have which  be void he shall here have another execution but if a execution be once well  execute and be lawful and good and afterward the land deliver to he in  execution be evict from he he shall never have execution again by e fol b if a  man have a execution by elegit he can afterward waive this when up I on a  judgement the body of the party be take in execution this be not in  satisfaction but only ad to give satisfaction and the statute of h cap of  ReextentS upon a lawful execution this statute do not extend unto this case  now here in question only fiat execution this be to be understand with  satisfaction if a man take a execution by a elegits and be afterward evict out  of these Bulstrode land thus take in execution the next day clear he shall not  have another execution notam that afterward at another time though crew argue  against the hearing complaint here they two be joint and several bind several  judgement give against they and that in several court and for this several  execution he may well have so he have here the land of one of they in  execution be may also very well take the body of the other as he have so do  here by a capias ad to give satisfaction and this good and warrantable it  appear by e fol h fol touch execution that they ought to be effectual and real  here in this case the proceed against one upon the judgement be by a elegit  and by this the land deliver to he in execution but yet this be to be no such  impediment unto he but that be may well also have a capias ad to give  satisfaction against the other and this appear to be so by h fol h fol in  Dupledges case h fol e fol b and e Fitzherbert title execution plea and in and  Elizabeth between palmer and Humphrey it be adjudge that the capias ad to give  satisfaction be but as a pledge and though he have a capias against the one  yet he may well have a elegit against the other but in case where it be  against one and the same party if he have once elect one kind of execution he  shall not here afterward resort unto another execution but the party here be  several and therefore if he take a capias against one of they be may also have  a elegit against the other and if so if he have a elegit against one of they  wherefore then shall he not have a capias also against the other the same  reason be for both coke pars f Blumfields case may be object against this that  such a execution as be here by elegit be valuable satisfactory and a final  execution whereas a execution by a capias ad to give satisfaction be not final  but his body be to be take to the intent and purpose that he may satisfy the  party his imprisonment be not absolute but the same be to be until what time  be do satisfy the party George croak argue for the hearing complaint and for  the discharge of Cowley the party by the elegit the land can be deliver in  part of the execution but it must be for the whole execution and in  satisfaction and here be have take and accept of this execution by a elegit  Bulstrode er p therefore the other party be of terwards take by he by a capias  ad to give satisfaction for the same debt he ought therefore to be discharge  it be true that after a elegit a man may have a capias but upon such a elegit  a nothing ought first to be return as appear in l e fol brook title execution  plea and though by the book it appear that after a elegit choose by the party  for his execution and a nothing return that upon the prayer of the party a  capias ad to give satisfaction be grant by two judge of the b r in the absence  of Markham chief justice and be afterward move before he and other justice of  the c b and by the better opinion of they all hold that a capias ad to give  satisfaction do not lie aft the elegit and therefore a supersedeas be there  grant the entry be that such a one go for sale elegit exectitionem svan de  center point c but after the elegit return once serve and execute no capias ad  to give satisfaction be afterward to be grant and so be the difference agree  in all the book the reason appear plain if two be bind the entry be quod only  stat execution but this be to be intend of a execution with satisfaction and  this appear to be so by h fol a b if three be bind in a obligation each of  they in the whole he have a judgement to recover against one of they afterward  be sue the other this recovery be no bar because he be not by this satisfy of  the duty and with this agree h brook case fol plea that the take of the body  of one be a good execution but no satisfaction only execution cum satisfaction  here be return the elegit servedi and execute and his acceptance of this  execution and therefore he can have a capias ad to give satisfaction against  the other the reason of the commonlaw in this be very good if a execution by a  eleait be once execute and the land be afterward deliver in execution be evict  from the party the party here shall not have a new elegit because he have  Bulstrode the land once extend and this in full satisfaction the which as it  be say in Blumfields case cook pars be a end of the suit if he take a lease of  land of one of they in satisfaction of the debt be can afterward resort unto  another remedy as appear by e fol and Blumfields case if one have a execution  against one by a elegit by this there be now a end of the suit coke pars fol  in sir William herberts case at the commonlaw the body of a man be not to be  take in execution for debt but his good and chattel also he which be take by a  capias be to pay the whole debt or no part of it if therefore the debt be a d  be have have of one of they he shall not take the body of the other for the  residue upon the former reason because he be to pay all of two or no part of  it here in this case he have good deliver to he by the elegit and have land  also in lease for a certain time therefore he be not to resort unto the other  by a capias ad to give satisfaction and so pray a allowance of the hearing  complaint and a discharge of Cowley the party from the execution coke chief  justice without all question as this case here be Cowley who have bring this  hearing complaint ought by this to be relieve and discharge out of prison from  this execution so undue a d unjust take out against he a elegit be to be  entred of record the entry be in this manner S elegit Himself become  performance de omnibus good catallis c and a wise attorney will not enter this  before it be return and serve Elizabeth dyer fol and touch this a capias be  not to be enter before be have execution e the best case in the law for this h  fol Hillaries case the party be to have only performance this be to be intend  with satisfaction if be be to have only performance when he have this against  one he shall not resort unto the other where two be bind pro toto in solid  figure one be bind to pay so much when he have execution and satisfaction this  be sufficient he have the body only ad penalty to make but not in satisfaction  it be a final execution for one to have the money in his purse but what  difficulty be there in this case he be satisfy by the elegit he have good here  to he deliver for part of his debt and for the residue he have here center  point terr t until what time the debt levy and although this be here executory  yet be have present a good interest in he and if after execution here be  happen to be evict of part of the land he shall not have here any new  execution for that this be out of the statute law of the statute of h cap and  so this still remain as a case at the commonlaw if one have a execution by  elegits part of the land be evict he shall not have another execution because  infinitum in jure reprobator No reextent to he have though he lose the land by  the act of God Bulstrode er p here he be in several court he take the body in  execution ad to give satisfaction this be so do against the law because he be  satisfy before by the elegit which he have in satisfaction here the execution  be executory in law yet he have a present interest in he and such a interest  it be as shall go unto his executor he may here have plead this and so have  show the action and judgement give in the c b as it be object and if he may  have plead this and omit the same he shall not have a hearing complaint in  answer to this objection he can not here plead this for that James the suit be  in the c b and James the suit in the b r and James the elegit take out if he  can have plead this here he ought then to have show this matter and so have  demand of the court judgement si action but if he may have plead this and omit  the same plead another matter in which judgement be give against he then he  shall never have a hearing complaint for this but the case be not so here he  have just cause of relief by this his hearing complaint and be so unjust take  in execution and imprison he ought to be free and discharge out of prison  croak justice a elegit h re nomen to have secundum nomen ita be a execution  with satisfaction and a plenary execution here be and therefore he be not by  law to resort to the body of the other by a capias ad to give satisfaction and  so the take Bulstrode of he by this be undue and illegal but if all the land  deliver in execution be evict or if he against who the first judgement be give  after execution upon the elegit have reverse this by a writ of error in these  particular case peradventure the other party be take by a capias shall have no  benefit by such a hearing complaint but otherwise it be where the first  execution remain integran but when there be a total eviction or reversal by a  writ of error of the first judgement then this may be some motive to bar the  other from any benefit by a hearing complaint as thereby to be discharge be  take by a capias ad to give satisfaction but there be no such reason here in  this principal case but that he have just cause to have this hearing complaint  for his relief be unjust take and imprison by a capias ad to give satisfaction  and therefore for the matter by he set forth in this hearing complaint he  ought to be discharge of this his imprisonment dodderidge justice there be no  great difficulty in this case diverse book and authority there be in point but  they be all one in reason two be bind to another joint and several he may lie  this upon the one or on the other or upon both of they joint as by one joint  action but otherwise it be where by several action as against one of they in  one court and against the other in another court but he ought not to have two  satisfaction for one the same debt but one satisfactory plenary execution  ought to suffice the party but both suit shall stand and be in force until the  party have a entire satisfaction against one of they and this appear to be so  by the book of h brook case fol plea as in case of a debt where two be bind  for which one of they be sue in the c b and the other in this court both be to  be imprison until the debt be pay afterward one of they pay this debt the  other shall then have a hearing complaint to be discharge the principal case  here be all one with this and if it be in one court or in diverse this will  make no difference at all the party ought to have but one satisfactory  execution and here he have so in the court of c b by the execution upon the  elegit and a satisfactory benefit be the only benefit of which the other shall  have advantage for his be discharge of his imprisonment be take by the capias  ad to give satisfaction a capias be a begin execution but not the fruit and  effect of law it appear by h fol a plenary execution which be payment this be  the fruit and effect of law and with this agree e also after a execution by a  elegit if the land be afterward evict or the judgement reverse by a writ of  error this shall make no alteration in the case for this shall be adjudge the  folly of the party to elect to have such a manner of execution by the which he  have no profit but where the party can not have execution as coke pars f in  Blumfields case where the party take imprison die in prison there the take of  the other be lawful and he shall not here have a hearing complaint because  there be no satisfaction by the death of birn that die in prison and it appear  by h fol that the body be take be but as a pledge thereby to compel and  enforce the party to pay the debt and so this appear by the writ so eviction  or reversal by writ of error shall make no alteration in the case Bulstrode er  p if it be so but there be no such matter here but that this remain a very  clear and plain case that the plaintiff here in the hearing complaint ought to  be discharge out of prison Haughton justice the doubt here arise upon  consideration of the difference of execution here a capias ad to give  satisfaction be no satisfaction the same be only ad to give satisfaction but  not in satisfaction and the execution by a capias be no execution the doubt  here only arise touch the nature of a execution by a elegit and as to this he  which have a execution by a elegits have by this such a present interest in he  as that be may well grant this over unto another the reason upon the statute  of h S cap that if this land be evict he shall have no remedy by way of a  reextent because be have once have a plenary execution no apportionment can be  here without all question and so the difference will appear to be very  manifest between a execution by Bulstrode elegit by which he have a term whole  in he to grant or to assign over and the which be a satisfactory execution in  it self and another execution which be not so and so the capias here issue out  unjust and therefore the plaintiff in this hearing complaint be take and  imprison by the capias ought to be discharge coke chief justice allow the  judgement in this court to be for discharge of the party take by the capias  and after the first party bring a writ of error and reverse the first  judgement upon which the elegit be have he shall never after charge that party  who be before discharge here by the judgement of this court because it be his  error to take the body in execution where he ought not so to have do and he be  once discharge by this court shall not be again take in execution for the same  matter if a action of debt be bring against a sheriff for a escape and be have  his body in execution afterward he have the money due pay unto he and in his  purse and then the original judgement be reverse by a writ of error the party  by this shall not be restore to his money again because that this be a thing  execute d and so the court all agree to relieve the plaintiff in this hearing  complaint and to free and discharge he out of prison unjust and illegal take  and imprison for the same debt after a satisfactory execution before have by a  elegit against the other that be bind for the same debt and therefore the rule  of the court be that Cowley the party plaintiff in this hearing complaint  shall be discharge quod exoneretur de execution judgment predict and this by  the rule of the court so enter accord and it appear by the book where this  matter concern execution to be take be debate as by h fol and the party shall  not be enforce to take the body for his execution by of the book of assize  plea where the body be take in execution for debt the plaintiff there shall  not have a elegit nor a become facias for that the take of the body at his  suit and prayer be a full execution and if he die or escape he shall not have  another execution l e fol the plaintiff upon his judgement pray a elegit a  nothing return and so pray and have a capias but there by Markham chi f  justice of the b r and the chief justice and other judge of the c b he ought  not to have a capias after a elegit for that this be the high execution that  can be in the law and the entry be quod go for sale elegit executioner svan de  center point c and so be it cite to be adjudge mich e and so by Newton in h  fol but upon a nothing return be may have a elegits but no become facias after  a elegit e fol a capias after a elegit give by statute do not restrain a  execution at the commonlaw e fol a capias after a become facias where the  sheriff return a nothing upon the become facias and so by the due perusal of  these book and of the judge argument before the several kind of execution may  the better be understand by all