austen against baker and other attaint will lie against the executor of the  person who recover by the false verdict by the equity of h c in attaint two of  the petit jury challenge the array which be try against they other challenge  the poll must show cause immediate attaint bring by Austen against baker and  other as executor of the will of sir John baker knight upon a false oath and  judgement give in the exchequer ire a Ho inn there bring by the say sir I b as  lessee for a term of year and farmer to the queen against the say Austen and  the writ suppose that the executor hold the land c and now the grand jury  appear and the petit jury also and also the executor dyer and exception be  move by the defendant that this attain which be bring upon the statute of h c  be not maintainable against any other than he who recover and this be sir I b  for the word of the statute be accord and attaint be penal and shall be take  strict and yet by the opinion of the court it be well attaint do not lie upon  suit by bill Trin e rot ex lib Mr Nov wide e b per knevet and since the  practice of set aside verdict and grant new trial this writ of attain have  become obsolete Bac Com burr dyer a er p enough against the executor for this  statute be make in favour of the subject namely for the qualification of the  rigorous and terrible judgement of the commonlaw in attaint and these word  videlicet against the party that have judgement to recover be not of substance  but superfluous because the action of attain run for the thing that be lose  against he who have it in whosoever hand it shall come c wherefore c and the  plaintiff assign the false oath and the petit jury plead the general issue and  the executor plead a accord between the plaintiff and the testator after  judgement concern all the right and interest in this land c make in London in  the parish of saint faith c to which the plaintiff demurrer and pen this plea  undiscussed the jury be to be charge upon the other issue by the statute  aforesaid note this and two of the petit jury challenge the array and by the  triors the array be affirm and then the residue of the petit jury challenge  the poll of the first juror and do not show cause immediate because they be  not party to the challenge of the array and the court hold that they ought to  show cause immediate as well as the two other because they will have take the  advantage if the array have be quash and by the same reason the disadvantage  if c and yet in trespass against two in east h fol which be cite by Harper  sergeant it be do otherwise which note well and afterward the matter be put in  arbitration c and the plaintiff execute a release to the defendant and also to  the petit jury which be plead pubis darrein continuance in arrest of the  attaint and be receive and the plaintiff acknowledge his write and deed