CCCCLIX marsh case error by executor to reverse a attainder of the testator  marsh executor of one Nicholson bring a writ of error to reverse a outlawry in  felony have against his testator the error assign be plain but it be move that  this writ of error will not lie gawdy the action will well lie for by this  suit the plaintiff intend to reverse and so undo the outlawry for which cause  this matter ought not to be object against he for the executor may have this  action as well as the heir Fenner justice where the principal reverse the  attainder the same shall extend to the accessary in assize against tenant and  seize each of they may have a writ of error and the reversal by the one shall  make void the record to both and be needs not any garnishment for by  intendment the king be to have all his good and the king be always presume  present in this court quod totan curian to go away and therefore there needs  not any garnishment by to know facias but Wray say we use in such case to call  the attorneygeneral of the king to know if he can say any thing wherefore the  outlawry shall not be reverse Leonard the error assign be that the exigent  issue forth into London and the sheriff return that he have proclaim the party  de come in come until what time c where he ought say de Hustingo in Hustingum  and that be hold by the court clear to be error and afterward at another day  it be move by coke that a man attaint of felony can not make executor for he  be dead in law and as Bracton say solus Deus compose haeredes a human being  nominate executor and therefore the heir only shall have a writ of error also  a executor can have a writ of error but only upon a judgement give in a  personal action but this attainder be a thing of a high nature as where a  woman poison her husband the heir shall not have a appeal for murder be change  into treason and that offence be a thing of a high nature so this attainder be  of a high nature than in the personalty also it relay be mischievous to the  heir for the executor may forthwith bring and pursue his writ of error by  which the judgement shall be affirm and so the right of the heir shall be bind  also when error be bring to reverse a outlawry of felony a to know facias  ought to be sue against the lord mediate and immediate which can be here at  the suit of the executor also it be find by inquest of the coroner that the  testator fugue fecit so that thereby if he have be acquit be shall lose his  good and then the executor have not any reason to bring this writ of error but  see h error that executor shall have a writ of error of a outlawry pronounce  against their testator and if it be reverse they shall have restitution of the  good of the testator but it do not Leonard er p appear there that it be upon a  indictment of felony Altham as well the executor as the heir be a person able  for to sue a writ of error in such case as e where a false oath be give  against one in assize and die the heir shall have a attaint for the land and  the executor in respect of the damage Popham attorneygeneral this outlawry be  a real judgement therefore the executor can have error upon it Wray it be good  that this case be consider for it may be mischievous for thereby the executor  shall avoid the attainder against the king and the lord Fenner that can be  without a to know facias gawdy the executor shall have this action and as to  that which have be object that the party attaint can make executor r the same  be no reason for the executor do pretend that their testator be not lawful  outlaw and so by this suit they do endeavour to take away that disability and  therefore it ought not to be object against the executor and if the case here  be that the testator have not land but only good there be no reason but that  the executor shall have a writ of error otherwise the good of the testator  shall be lose and it be clear hold by Wray chief justice that the executor may  have and pursue this writ of error the outlawry of the testator  notwithstanding and afterward the outlawry be reverse accord Owen Rep cro trin  Elizabeth in the king bench