case LXXXII h Perkins Fitzherbert abbot r my repertory lib a abbot the abbot I  acknowledge a statute or recognizance this shall bind his successor for the  convent can be make party to either of they and a chattel only be divest by  the execution of a recognizance or statute a abbot can disclaim for that will  divest the fee out of his convent and it be not warrant by any statute upon a  recognizance acknowledge by the abbot I a to know facias issue against he he  be depose and r be choose abbot before the return of the to know facias in  this case r can appear to this to know facias for he have no prejudice he be  no party and judgement in this case against abbot I can prejudice abbot r  where r be Jenkins abbot at the time of the return of the to know facias but  in this case a special to know facias lie against r by all the judgesof  England upon a capias against a the sheriff return he sick so that be can have  his body at the day without the danger of his death upon affidavit that a be  grow well a duces tecum subpoena of a certain sum of money shall be award to  the sheriff to have his body in court at a certain day in debt trespass or  other personal action against a upon the summons or attachment the sheriff  return non be invention nothing to have in his bailiwick at the day of this  return a can appear but upon a capias award against he to imprison his body or  upon a process upon which issue be to be lose or land to be lose or his life  bring into danger he may appear although such a return as above be make by the  sheriff for he have a day in court by the roll and his nonappearance will be  of great prejudice to he upon the summons in a praecipe quod To give back the  sheriff return that the tenant be dead upon averment that the tenant be alive  the demandant shall have a alias summone upon a indictment of felony against a  the sheriff return a outlaw a may aver against this return that he surrender  himself at the exigent in a appeal against a for the death of a man the  sheriff return that the writ come too late to he a may appear and plead  notwithstanding this return see my repertory title averment fiscus do freedom  vita are in lege favourabilia