case hartop against holt if a writ of error in the exchequer Chamber be bring  on a judgement in debt obtain in the king bench and after judgement affirm a  to know facias to have execution be sue out a writ of error will not lie in  the exchequer Chamber upon a award of execution on a judgement on this to know  facias for the Elizabeth c intend only a writ of error on the merit of a case  S c salk S c comb S c holt S c Mod S c ld ray S c ld ray the plaintiff have  judgement in a action of debt in this court a writ of error be bring in the  exchequer Chamber and the judgement affirm afterward a to know facias be bring  quare performance non and ail award of execution thereupon then a writ of  error be bring tam in reddition judgment quare in act of assignment  performance c which be allow by the clerk of the error pen which writ the  plaintiff take out execution and now a motion be make to set it aside because  it be sue forth when there be a writ of error depend which be a supersedeas  modern the question be whether a writ of error will lie in the exchequer  Chamber upon a award of ail execution of a judgement upon a to know facias now  after a affirmance of the first judgement it be admit that the statute give a  writ of error upon judgement in seven action only of which a to know facias be  none but it be for execution of a judgement in ail action of debt it be within  the meaning and equity of the Act Nevil v south cro car roll Abr a which be to  relieve as well against a erroneous execution as a erroneous judgement for  that may be affirm and yet the execution reversedCro car b this be the opinion  of my Lord hale Mod c and the reason by he give be that a judgement in a to  know facias ground upon one of those action mention in the statute be in  effect a part of the first suit and they have cognizance of the original  action have also cognizance of all the dependency but the plaintiff shall not  be judge whether this writ of error be well bring or not it be prima fancy a  good supersedeas to his action and he must not undertake to determine the  validity thereof after it be allow therefore he ought not to take out  execution without leave of the court or without plead it in abatement or  demurrer on the contrary it be say that a to know facias be a judicial writ  and the award of execution upon it be not such a judgement upon which a writ  of error will lie in the exchequer Chamber it be not a judgement upon any of  the seven cause of action mention in the statute and therefore such a writ of  error have be disallow upon a judgement in temptation to sin magnatumCro car  Strafford v Needham side dougl d and likewise upon a judgement on the statute  of usury Whitton v Preston side see vent e for take more than six pound for  the loan of one hundred but it have be allow upon the statute of tithe for  that give a action of debt afterward in Michaelmas term the court give  judgement videlicet the design of the Act of parliament Elizabeth c f be to  give a writ of error upon the merit of the case crow v Maddock andr Q but here  the right be determine and the writ of error be bring upon the award of  execution so that the exchequer Chamber have no authority after they have  affirm the first judgement therefore the writ of error be no supersedeas  modern er p