coke b HIGGENSS case mich James in the common plea see Brunsden v Humphrey QBD  so long as a judgement recover in action of debt upon a bind remain in force  the obligee can have a new action on the same bind if one have a liberty by  prescription take letter patent thereof the matter of record merge the  prescription if a man have a annuity by deed or prescription and bring big  writ of annuity and have judgement so long as this judgement remain in force  he shall never have a writ of annuity but a cognizant fa on that judgement if  recovery be in debt on bind in the county court by justice the plaintiff may  have a action of debt on the bind in a court of record one bind be it of  record or not can merge another bind if a man bring a action of debt on a bind  and be bar by judgement so long as the judgement remain in force he shall not  have a new action in debt by Randal and his wife executrix of Themilthorp  against Higgens on a bind make to the testator the defendant plead that the  testator in vita svan in curian de banc hic recuperavi debt is owed predictum  ac S pro financial loss without allege any execution quod indeed record  recovery be remove extra bancum per br de wandering in person ring ibidem  remanet too little reversatum seu annihilate and thereupon it be demurrer and  it be object that if a man recover debt on a bind or rend on a lease for year  it be at the plaintiff election to sue execution on that judgement or to have  a new action and that for diverse reason by the judgement the deed or rend be  not change but continue a deed and a rend notwithstanding the judgement as if  a man be indebt in a roll Br Det h b Fitzherbert bar h b dyer pl pl a  arrearage on account and take a bind for the payment of they yet he may have a  action on the one or the other as it be agree in h and mich James rot in this  court in debt by Richard b Cr car post b roll light Rep Inst b   Lutw e b  Branthwait against sir William Cornwalleys the young on a bind for payment of  money the defendant plead in bar quod to express grief post they loosing money  and before the purchase of the writ do accept of a statutestaple for the same  debt and in full satisfaction of the bind on which the plaintiff demurrer and  it be adjudge for the plaintiff for although he have take a statute for the  same debt which be a matter of record and of a high nature than the bind be  yet the good do remain in coke report a er p force and it be in the plaintiff  election to take his action or remedy on the one or the other it be object  that it will be against reason to compel the plaintiff to sue execution on the  first judgement for perhaps the plaintiff know that the first judgement be  coke a erroneous or that he have recover by false oath in which case the  judgement be reversable by error or attaint and therefore if he shall sue  execution it will be in vain for he ought to restore when the judgement be  reverse all that which he have receive it be object if in debt on a bind the  defendant deny his deed and it be find his deed in that case the c   light b    b   b palm side c deed shall be deliver to the plaintiff and the reason be to  the end that he may have a new action if he will but if it be find not his  deed the deed ought always to remain in court till the plaintiff have reverse  the judgement vide r a b if two be bind in a bind joint and several and the  obligee recover against one of they on this bind the nature of the bind be not  so change by this recovery but he may on the same bind have a action against  the other but it be resolve that as long as the d roll Rep Yelv Cr James Cr  Elizabeth Doct pl Owen latch more d judgement remain in force he can have a  new action upon the same bind for as he who have a debt by simple e roll Br  Det Br contract f n b b obligate Det Fitzherbert bar h a dyer pl b n c e a b h  Br contract Dall e contract and take a bind for the same debt or any part of  it the contract be determine h b I h b e b a so when a man have a debt on a  bind and by ordinary course of law have judgement thereon the contract by  specialty which be of a inferior nature be by f h b Cr car e b dyer pl e b Cr  James hard f judgement of law change into a matter of record which be of a  high nature if he who recover may have a new action and a new judgement he may  have infinite action and infinite judgement to the perpetual vexation and  charge of the defendant g   b   Inst Bulst hob g infinitum in jure reprobator  on every judgement the defendant shall be h postea a   a   Inst e a e b h  amerce and if he be a duke marquis earl viscount or baron he shall be amerce  to one hundred shilling and so the defendant may be infinite amerce on one and  the same obligation which will be mischievous a   a Bulst godb Hardr   a a  interest reipublic ut fit Finis a strife and if a man have a liberty by  prescription and take letter patent thereof the matter of record drown the  prescription which be the inferior as it be hold in h Br b palm b prescription  vide h a b b e b h h h c and if a man have a annuity by deed or prescription  and bring his writ of annuity and have judgement so long as this c Doct pl    light c judgement do remain in force he shall never have a writ of annuity  although it be a annuity of inheritance but a know fac on that judgement  because the matter of the specialty or prescription be by the judgement alter  into a thing of a high nature vide h b d Doct pl d judgement in a action of  forgery of a false deed be a good bar in another action on the same forgery  but if e Doct pl e recovery be in debt on a bind in the county by justice  there notwithstanding such judgement the plaintiff may have a action of debt  on the bind in a court of record for the county court be not of record and  therefore the bind be not change into anything of a high nature coke b but so  long as such judgement remain in force the plaintiff shall not have another  action by justice in the same court for the infinite vexation of the party as  have be say coke report a er p and as to the say case of f Ant b roll light  Rep Cr car f Branthwait it be agree to be good law for a stat g Bridgm g  staple or bind in the nature thereof be but a bind record and one bind be it  of record or not of record h h b roll Br contract Br Det Br obligate h a light  Rep Cr car brown hob Cr James Cr Elizabeth more style Mod Rep   b a   b h can  merge another also a bind and bind in the nature of a statute staple be two  distinct liens make by assent of the party without process of law whereof the  one have no dependency on the other a Vid dark v Mitchell east one of three  joint covenantors give a bill of exchange for part of a debt secure by the  covenant on which bill judgement be recover hold such judgement to be no bar  of a action of covenant against the three such bill though state to have be  give for the payment and in satisfaction of the debt not be aver to have be  accept as satisfaction nor to have produce it in fact and by Lord Ellenborough  I have always understand the principle of transit in remember judge to relate  only to the particular cause of action in which judgement be recover operate  as a change of remedy from its be of a high nature than before but a judgement  recover in any form of action be still but a security for the original cause  of action until it be make productive in satisfaction to the party and  therefore till then it can operate to change any other collateral concurrent  remedy which the party may have a but in a action bring on a bind the suit be  ground on the bind as a building upon a foundation and the plaintiff have  judgement to recover the debt due by the bind so that by judicial proceed and  act in law the debt due by the bind be transform and metamorphose into a  matter of record and judgement in a court of record be of a high nature price  than a statute staple statute merchant or any recognizance acknowledge by  assent of the party without judicial proceed and as to the objection which be  make that perhaps the recovery be erroneous to that it be answer that that be  the plaintiff fault and although it be erroneous yet so long as it remain in  force it ought to be execute and when it be reverse then the obligee be  restore to his new action on the bind and it be true that in old book after  judgement give in a action of debt on a bind the bind shall be I e cancel  damned b Vid note c to Wymarks case ante   b b because the duty be change into  another nature and that be the true reason of the old book and not the reason  which brook suppose in abridge the case of h faits that otherwise the obligee  may again recover thereupon and therewith agree e a h b I h b e c and the  court have consideration of the book in e where Edward Devon bring a action of  debt on a bind of against Richard scot who plead that before the mayor and  bailiff of NewcastleuponTine the plaintiff by plaint on the same bind recover  and have execution and there because the defendant do not procure the bind to  be damned the plaintiff have judgement to recover again notwithstanding the  former judgement and execution and there share say to the defendant see now  the deed be damned but the court say that that judgement be give because it be  the defendant folly that the deed be not damned on the former judgement for in  the time of e r and h it be hold that when a man do recover on a bind that the  bind as have be say shall be damned wherein the content and quietness of man  in old time ought to be observe that when judgement be give against they by  course of law coke a they be satisfy therewith without pry with eagle eye into  matter of form or the manner of proceed or of the trial or insufficiency of  the plead c to the intent to find error to force the party to a new suit and  himself to a new charge and vexation but since man become more contentious and  not satisfy with any trial or judgement but writ of error and attaint which in  old time be rare and especial writ of error be so frequent as of more late  time they be the judge coke report b er p think it dangerous to cancel the  deed either where the plaintiff recover or where he be bar by judgement for in  both case the judgement may be reverse by error or attaint and therefore the  reason or cause of the say judgement in e be now change and there be not any  question but judgement and execution upon a bind be a good bar in a new action  thereupon and therefore the say book of e be not to be urge against this  judgement also the court say that if a man bring a action of debt on a bind  and be bar by judgement so long as the judgement stand in force he can have a  new action acquire ration when he have judgement in a action on the same bind  so long as the judgement stand in force he shall not have a new action and as  to the case which have be object that where two be bind joint and several and  the obligee have judgement against one of they that yet he may sue the other  it be well agree for against he the nature of the bind be not change for  notwithstanding the judgement he may plead that it be not his deed and  afterward in the case at bar judgement be give against the plaintiff and the  doubt in e b a where this matter be very well debate on both side well resolve