Statutes.
25. E. 3. cap 19. A Creditor shall haue an action and iudgement against the kings debtor, notwithstanding such a protection. But not execution, vnlesse he take vpon him to pay the king, & then he shall haue iudge∣ment and execution of both debts, as well of that due to the King as to himselfe.
He may also by a writ called Warrantia diei, rehearsing that one which should ap∣peare * 1.1 in proper person, whether it bee the plaintife or defendant, is in his seruice, wil that for one day no default be recorded vp∣on him. So as if the tenant in a praecipe quod reddat make default at the grand Cape, or petit cape: yet before Iudgement vpon that default, the King by his writ may make that it shal not hurt him. And this standeth with reason, because euery man is bound to serue the King in his affaires. Neither is it material whether he be in the Kings seruice or not, when the King certifieth that he is: for it seemeth by the words of the writ, that the King by his prerogatiue may for one day warrant his default. And this writ can∣not be granted but by the king himselfe.