coke a LILLINGSTONS case mich James in the common bench see Aspden v Seddon ex  d in re herbage rend Greenwich Ch a and his wife and b and his wife be seize  of the rectory of l in fee and mich Elizabeth levy a fine thereof to c and d  and the heir of c who grant and render a rentcharge of per annum out of the  say rectory to the say a for his life to begin after the death of his wife  with a proviso that the rend shall not extend to charge the person of c and d  but only the rectory and render the say rectory to a and his wife during the  life of the wife remainder to b and his wife in tail remainder to b in fee  octr Elizabeth a acknowledge a recognizance in nature of a statute staple to e  Aug the wife of a die b and coke report b er p his wife enter into the say  rectory and be thereof seize in tail remainder to b in fee a that bee  Elizabeth release to b and his heir the say rend e bee Elizabeth sue a  certiorari to the clerk of the statute c and the say recognizance be certify  and e sue out a extent by which the say rend be extend and liberate deliver to  e e for arrear of the say rend during six year and a half bring debt against b  who all that time be tenant of the land and aver the life of a and it be  resolved I that as against e the say rend be not extinct by the release of a  that a action of debt do not lie so long as the rend endure that although  there be a express proviso that the person shall not be charge in a writ of  annuity yet after the annuity or rend determine the person of the terretenant  shall be charge in debt for the arrearage if a man grant a rentcharge for life  and the rend be arrere and the grantor feoff a and the rend be behind in his  time and afterward a feoff b and the rend be behind in his time and afterward  the grantee die his executor shall have a action of debt against each of they  for the rend behind in his time S C Leon John Duncomb bring a action of debt  against Thomas lillingston which begin in the common plea pasch James rot for  and declare that one faustin Dixwell and mary his wife and the say Thomas  lillingston and mary his wife be seize of the rectory of lillingston in the  county of Bedford in fee and mich Elizabeth thereof levy a fine to Papworth  and chamber and the heir of Papworth who grant and render a rentcharge of out  of the say rectory to the say faustin for his life to begin after the death of  mary his wife the rend yearly to be pay at the feast of saint Michael the  Archangel and the annunciation proviso always quod predict permission predict  one year old To give back non aliqualit see to stretch out ad onerand personas  dict Papworth et chamber send only ad onerand dict rectorian totd vitti Self  Faustini and render the say rectory to faustin and mary during the life of  mary the remainder to Thomas lillingston and mary his wife in tail the  remainder to the right heir of lillingston October Elizabeth the say faustin  before sir Christopher Wray chief justice acknowledge a recognizance of in the  nature of a statute staple accord to the statute of h to Duncomb now plaintiff  Aug Elizabeth mary the wife of faustin die after who death lillingston and  mary his wife enter into the say rectory and be thereof seize in tail the  remainder in fee to lillingston the say faustin April Elizabeth by his deed  release to the say lillingston and his heir the say rend of per annum the  plaintiff April Elizabeth sue out of the chancery a certiorari to the clerk of  the statute c whereupon the say recognizance in the nature of a statute be  certify and sue forth a extent by which the say rend be extend and upon  liberate deliver to the plaintiff the plaintiff for six year and a half end at  the Feast of saint Michael the Archangel a James bring a action of debt  against lillingston who all that time be tenant of the land and aver the life  of faustin and upon all this case two question be move whether this rend of  per annum be coke b extinct by the say release have such essence as to the  plaintiff the conusee that it may be extend and deliver to the plaintiff admit  that it may be extend and deliver to the plaintiff whether the plaintiff as  this case be can maintain a action of debt as to the first it be object that  this recognizance be in the nature of a statute staple and the statute of e c  to which the statute of h c refer give power to the mayor of the staple to  take recognizance of debt c and that on certificate of such recognizance into  the chancery a writ be send to arrest the body of the debtor without let they  to mainprize and to seize their land and tenement good and chattel and that  the writ be return into the chancery with the certificate of the value of the  say land and tenement good and chattel and that thereon execution be make from  time to time in the same manner as be contain in the statute merchant upon  which word it be argue that rend extinct before execution sue be not within  the say word know to seize the land and tenement of the say debtor for at the  time of the execution sue the debtor have not the rend but it be utter extinct  and go by the say release the writ of extent be to extend coke report a er p  in all respects land et catalla Self Faustini et in manus dict recently Regin  seisiri to make ut she prfat John to set free to make and forasmuch as the  rend be extinct before the say writ of extent it be not in be or to be extend  or take into the king hand or to be deliver to the plaintiff it will be  against reason that the freehold of the rend be extinct the plaintiff shall  have execution of it and thereby to have but a chattel and the opinion of the  Phil and mark a die p post b a dyer foe be cite where the opinion be that a  rend extinct can be extend c to which it be answer and resolve that to some  purpose by the commonlaw a rend extinct shall be say in be b Leon Inst a Jones  roll hob b as to a stranger and therefore if the husband seize of a rend in  fee release the rend to the tenant of the land and afterward the husband die  now the wife shall be c   a   light a   b   a b c endow of this rend so  extinct and shall have a writ of dower the word of which writ be prcipe a quod  just reddal b tertian parten balance return and the writ of dower unde nothing  to have be prcipe a quod just To give back b c the pure milk of reason dotm  svan queen ei to touch de book property quod to be c and she shall have grand  cape or a petit cape as her case require to seize the rend into the king hand  for quoad to strive for it be in be although in truth the rend be extinct and  see in the Lord Abergavennys case foe d   a d in the six part of my report  many case where a thing extinct shall be say in be e Jones e for the benefit  of a stranger it be observe that the say Act of f   a f h cap by force of  which the say recognizance in the case at bar be take for the execution refer  to the statute staple and statute merchant sure the say Act of e refer to  statute merchant coke a de a a   a a e the word of which statute be and when  the land of the debtor be deliver to the merchant he shall have seize of all  the land that be in the hand of the debtor the day of the recognizance make in  who hand soever that they come afterward by feoff or otherwise then present by  the recognizance acknowledge the rend be bind and shall be extend by the  express purview of the statute in who hand soever it shall come and no more  than the release of faustin shall hurt after execution have by the conusee no  more shall it before execution for the rend be liable to execution present by  the recognizance acknowledge so if a man have judgement to recover debt or  damage the rend which he have of any estate of freehold be thereby liable to  it and therefore although after judgement be release it the plaintiff shall  have execution of a moiety by elegits which be give by the statute of west or  c the word of which statute be freely ei center point terr debtor which by  construction of law be of all which he have at the time of the judgement give  or at any time after and in cheny case     light see cro James Elizabeth n the  court of ware it be resolve that where he in reversion do feoff lessee for  year to the use of other that although the lease will be surrender and extinct  by the commonlaw yet by the save b more a and winch bendl ante b a raym b of  the statute of h of use the term of the feoff be save also in the same court  Elizabeth n one Iseds case it be resolve that where the lord do feoff the  copyholder to the use of other that the copyhold estate by the save of the say  Act be preserve so in case at bar by the Act de mercatoribus all the land  which include all hereditament extendible which the debtor have at the day of  the recognizance acknowledge shall be deliver which Act dothpreserve the rend  to be in be as to the execution of the conusee and the case in c Fitzherbert  mortm c e b and d   a d f n b be if lord and tenant abbot be and the lord  release to the abbot his signiory it be mortmain by the stat coke report b er  p de religious devotee and the lord paramount shall have it by force of the  say Act and yet the word of the Act be dominus fee in such a manner avoid  shall have it and by the release it be extinct and yet as to the lord  paramount it be by construction of the Act in in be and he shall have it it  will be bare that the conusor by his own act shall bar the conusee who be a  stranger to the release of his execution of the rend which perhaps be a chief  cause of take if the say recognizance to have execution of it and it be more  reason to relieve the conusee in who no fault or laches be than the  terretenant who ought not to be misconusant of such charge of record every  execution have in judgement of law relation and retrospect to the e   b b   a  e judgement as appear in shelly case in the first part of my report a the  position in the text must be understand of freehold land c for at commonlaw a  sale good fide of chattel be good after judgement though not after execution  award fleetwood case Rep by stat car c S judgement as against purchaser for  valuable consideration of land c be to be consider as judgement only from the  time they be sign in the manner prescribe by S ad IV S the day of the month  and year of the enrolment of recognizance shall be set down in the margin of  the recognizance roll and no recognizance shall bind any land tenement or  hereditament in the hand of a purchaser good fide and for valuable  consideration but from the time of such enrolment the enrolment here mean be  that direct by Elizabeth c by W c judgement be to be docket and no judgement  not docket as direct by the Act shall affect any land or tenement as to  purchaser or mortgagee or have any preference against heir executor or  administrator in their administration of their ancestor testator or intestate  estate to give effect to judgement statute or recognizance as against  purchaser and mortgagee of land in Middlesex and Yorkshire they must be  register Ann c S except only such as shall be enter into in the name and upon  the proper account of his majesty by stat car c S no writ of become facias or  other writ of execution shall bind the property of the good against which such  writ of execution be sue forth but from the time that such writ shall be  deliver to the sheriff c to be execute in the construction of which it have be  hold that the statute extend to protect purchaser only though the word seem  general and that therefore the good be still bind from the day of the sign the  judgement and the testae of the writ against the party himself and all other  person note Wheatle v lane sand f the meaning of the expression that the good  be bind be not that the property in they be alter but that the defendant from  the time that they be bind can dispose of they except in market overt so as to  prevent their be take in execution pain v draw east for the case upon these  statute Vid Bac ab execution Tidds practice that Edward et seq note to Herbert  case   b a and the say case of dower and the grand cape and petit cape  thereupon and the statute de mercatoribus which bind all the land of the  conusor coke b that he have the day of recognizance acknowledge in who hand  soever it shall come give a full and sufficient answer to all the say  objection and the opinion of a sergeant obiter in a Ant a die pl a and Ph and  mark be utter deny as to the second point it be resolve by the whole court  that the action of debt b roll b lie not so long as the extent endure for so  long have the rend continuance although the freehold thereof be determine b  Vid note a Ognells case   a b and all that as to this point which be resolve  in Ognels case in the four part of my report fol be affirm to be good law and  h a that if the lord grant his seignory for year the grantee during the year  shall not have a action of debt and it be also resolve that although there be  a express c   b c proviso that the person shall not be charge in a writ of  annuity yet in such case after the annuity or rend determine the person of the  terretenant shall be charge in debt for the arrearage because the annuity be  determine and he have no other remedy as it be hold in coke report a er p  Ognels case and Elizabeth dyer d   light b   b d there cite it be also resolve  that if a man grant a rend charge for life out of his land and the rend be  behind and the grantor feoff a and the rend be behind in his time and  afterward a feoff b and the rend be behind in his time and afterward the  grantee die his executor shall have a action of debt against each of they for  the rend a   b   light b a behind in his time for b   a   b a   light a Inst  cart keb Plowd   b e b who perceive just to discern by sense debet et onus as  it be also hold in Ognels case