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Of this nature are two speciall writs by the Kings prerogatiue. Capias pro fine Regis, and capias vtlagatum.
Capias pro fine Regis, when the partie is * 1.1 adiudged to pay a fine vnto the King.
Capias vtlagatum, to take one outlawed, * 1.2 which is a kind of Iudgement and deter∣mination of the originall writ as appeared before.
These are the Iudiciall writs within the yeare and day.
A scire facias which lyeth after the yeare and the day, is to warne the defendant vp∣on * 1.3 recouerie in reall actions, for in personal actions debt onely lay after the yeare, which is a new originall, till Westm̄ 2. cap. 45. gaue a scire facias, to shew cause why the Plaintife should not haue execution. Ther∣fore here the defendant may plead matters * 1.4 growing after iudgement rendred to oust the other of his execution, as outlawry, &c. or a release of all actions, for in as much as he may plead vpon this scire facias, it may well be called an action, though it be but a writ of execution. But notwithstanding that a man which recouereth debt or da∣mages, release to the defendant all actions, yet he may lawfully sue execution by a fieri * 1.5 facias, Capias ad satisfaciendum, &c. for these cannot be called actions. Here vpon a Nihil returned, execution shall bee presently a∣gainst the parties to the iudgement. But not (b) 1.6 against Executors, or Administra∣tors, nor in a scire facias vpon a (c) 1.7 Recog∣nisance * 1.8 or (d) 1.9 Charter of pardon, vpon an outlawrie, or such like, or to (e) 1.10 repeale a patent, for in all these cases two Nihils must be first returned. And therefore a scire facias sicut alias shall go forth. And the (f) 1.11 Solem∣nities of sōmons, attachment, essoyne, view of land, &c. lie not in this writ.
1. H. 7. 20.
Old. N B. 168.
Old N. B. 163. 27. Eli Coo. 12. in Sir Will. Harb. ••.
Lit. 116.
8. E. 4. 15. 1. El. Dy. 16••. 19. H. 8. 6. 22. H. 6. 41. 2. H. 7. 3. 24. H 8. Br. per∣emptorie 63.
1. Eliz. ibid.
1. El. ibid.
(a) 1. Eliz ibid.
1 Eli ibid. 2. El. Dy. 172 8. E. 4▪ ibid.
26. H. 8. •• Dy. 198.
The Stat. West. 2 cap. 46. doth so recite it.