boydens case Boyden executor of Boyden bring a to know facias to execute  judgement give against butler for the testator which be direct to the sheriff  upon nothing to have return testatum a to know fac be direct to the sheriff of  S who return Ployden terretenant of the manor which butler be seize of at the  time of the judgement Ployden appear and demand oyer of the to know fac and of  the return and plead that long time before a b and c be seize of the manor in  fee and before the first return make a feoff to the use of one Francis Boyden  for life who make a lease to the defendant for year and because that Francis  Boyden aforesaid be not return terretenant demand judgement of the writ  aforesaid Branston say that the conclusion here to the writ be nought for a  writ shall never be abate where we can have a better the matter here be the  return of the sheriff that Mr Ployden be terretenant to which he make no  answer but by argument and in all case where a hetley special non tenure be  plead it be use to be a traverse upon which issue may be take e h but in our  case no issue be take and here all the matter allege may be find c for the  matter although general non tenure be no plea yet a special non tenure may be  plead h r in real hetley er p action non tenure of a franktenement be good but  here a chattel be only in question that he may plead non tenure of  franktenement where the lessee shall be conclude and bind but here Edward  Boyden be not bind crawly say that the plea be good and for the matter the  difference be between the general and the special non tenure the general non  tenure be no plea but in a praecipe quod To give back as it be but a special  non tenure be a good plea in a to know facias nomina praecipe h non tenure  Statham to know fac the plaintiff in a to know fac do not demand land but  execution Yelverton in holland and lees case in the king bench this point it  be adjudge that the writ shall abate Richardson this writ be a judicial writ  and by that plea a better writ give you for where before it be against the  terretenants general he may have now a particular to know fac against Francis  Boyden and both way be good either to demand judgement of the writ or  judgement of the court if execution ought to be against he quod concession per  totan curian and agree also by the prothonotories that a special to know  facias may issue against Francis Boyden