Apsle against boy in the common plead in a to know facias TO execute a fine  upon a grant and render intrat trin car rot the case upon the plead be this a  fine upon a grant and render be levy in the time of e upon which afterward a  to know facias be bring and judgement give and a writ of seize award but not  execute afterward a fine sur conusans de law come Ceo c with proclamation be  levy and five year pass and now another to know facias be bring to execute the  first fine to which the fine sur conusance de law come Ceo be plead so as the  only question be whether the fine with proclamation shall bar the to know  facias or not sergeant Gotbold for the plaintiff it shall not bar and his  first reason be because not execute Rep and Rep if a seize at the commonlaw  before the statute of nonclaim have levy a fine or suffer judgement in a writ  of right until execution sue they be no bar and a fine at commonlaw be of the  same force as it be now and if in those case no bar at commonlaw until  execution that prove that this interest by the fine upon grant and render be  not such a interest as can bar another fine before execution beside this  judgement by the to know facias be a judgement by statute and judgement can be  avoid but by error or attaint further a to know facias be not a action within  the statute of h and therefore can be a bar e e execution upon to know to make  return without another plea and it be not like to a judgement for there the  party may enter but not here beside it shall be no bar because it be executory  only and in custodian law and that which be commit to the guard of the law the  march report law do reserve it as it be say in the that Rep b and he compare  it to the case there put and a fine can fix upon a thing executory and the  estate ought to be turn to a right to be bind by a fine as it be resolve in  the Rep a Rep a Com and the estate of he by the first fine upon grant and  render be not turn to a right by the second fine last the statute of h be a  general law and in the affirmative and therefore shall not take away the  statute of west which give the to know facias and in proof of that he cite h  Rep and h dyer I agree the case which have be adjudge that a fine will bar a  writ of error but that be to reverse a judgement which be execute but here the  judgement be not execute and therefore can be bar by the fine wherefore be  pray judgement for the plaintiff note that it be say by the judge that here be  no avoid of the fine but it shall stand in force but yet notwithstanding it  may be bar and they all say that he who have judgement upon the to know facias  upon the first fine may have enter and they strong incline that the to know  facias be bar by the fine and do not differ from the case of a writ of error  but they deliver no opinion