Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Hickman against Sir William Fish.

HIckman had judgement for 600. l. and 10. l. damages against Sir William Fish, and he acknowledged satisfaction for 410. l. of the said debt, and da∣mages;

and after there was an agreement between them, that if Sir William did not pay the residue by such a day, that then it should be lawful for Hickman to take out execution against the said Fish, without suing of any scire facias, though it was after the year; and afterwards the money not being paid, Hickman sued forth a Capias ad satisfaciendum against Sir William Fish, directed to the She∣riff of Bedfordshire for 210. l. and now upon a habeas Corpus, Sir William Fish was brought to the bar, and Serjeant Crawley moved for a supersedeas for him, because the writ emanavit improvide &c. and by the Court it is a cause to dis∣charge him of the execution, for the Capias ought to have issued for 200. l. only, and he ought to have sued a scire facias, though this was after the year, because the Proces was not continued, but they said withall, it was in their discretion, whe∣ther they will grant a supersedeas, for they may put the Defendant to his writ of error.

It was ruled, that if an action of debt was brought, and the venire facias to trie the issue is in placito debiti, and so is the habeas Corpus, and the Pannel; but in the Iury Roll of the nisi prius, at the latter end of the jurata there it is placito transgressionis; and agreed in this case this is amendable, or in this case it is good without amendment.