D E 
ties who perfonally gave the credit, againft the other who 
perfonally incurred the debt, or againft his heirs, it' they 
are bound to the payment ; as by the obligee againft the 
obligor, the landlord againft the tenant, &c. But, if it 
be brought by or againft an executor for a debt due to or 
from the teftator; this, not being his own debt, fhall be 
filed for in the detinet only. F. N. B. 119. So alfo if the 
aCtion be for goods, for corn, or an horfe, the writ fhall 
be in the dclinct only ; for nothing but a fum of money, 
for which I, or my anceftors in my name, have perfonally 
contracted, is properly confidered as my debt. And in¬ 
deed a writ of debt in the detinet only, for goods and chat¬ 
tels, is neither more nor lefs, than a mere writ of detinue ; 
and is followed by the very fame judgment. 3 Comm. 1 36. 
In debt, if it be demanded by original, the procefs is 
fummons, attachment, and diftrefs ; and upon a default 
of fufticiency, on a nihil returned, procefs to the out¬ 
lawry, &c. And the judgment in debt, where the de¬ 
mand is in the debet & detinet, is to recover the debt, da¬ 
mages and cofts of fait; and tire defendant in mifericorjia. 
1 Shep. Air. 523. Where the plaintiff in debt declares 
on forne fpecialty, or contract for a fum of money, it 
mu ft be certainly demanded, and no other; and the de¬ 
mand cannot be of a lelfer fum, but it mull be (hewn 
how the remainder was fatisfied: hut in an aCtion upon 
a ftatute, that gives a certain fum for the penalty, though 
lefs be recovered than the plaintiff lays, it will be good. 
Cro. Jac. 498. If aCtion of debt is brought on a fpecialty, 
bill, -bond, leafe, &c. the feveral writings muft be well 
confidered by which the plaintiff warrants his aCtion, 
and the fum due is to be rightly fet forth ; and, if it be 
debt for rent, the time of commencement, and ending, 
&c. In debt on ftngle bill or upon judgment, the de¬ 
fendant may plead payment, before the action brought, 
in bar; and pending an aCtion, on bond, &c. the defend¬ 
ant may bring in principal, intereft, and cofts; and the 
court fhall give judgment to difeharge the defendant. 4 
& 5 Anne, c. 16. If the aCtion be brought for money, it 
muft be in the debet & detinet; but if goods or chattels, it 
muft be in the detinet only. 50 Edw. III. 16. If an exe¬ 
cutor brings debt for any thing in right of his teftator, 
it muft be’ in the detinet only. Moor566. If an executor 
brings an aCtion upon an obligation made to the teftator, 
where the day of payment incurred after the death of 
the teftator, yet the writ fhall be in the detinet, only, for 
lie brings the aCtion as executor. So if a man binds him- 
felf to the teftator to pay him one hundred pounds*, when 
fuch a thing fhall happen; if it happens after the death 
of the teftator, yet the writ by the executor ihall be in 
the detinet only. 20 Hen. VI. 6. 1 Rol.'Abr.' 602. 
If in an account an executor recovers a debt due to 
liis teftator, in artion for the arrearages thereupon, the 
■writ (hall be in the detinet only, for though the action is 
converted into a debt by the account, yet it is the fame 
thing which was received in the life of the teftator. Cro. 
F.liz. 326. If the executor fells the goods of the teftator 
for a certain fum, he fhall have aCtion for this in the de¬ 
bet & detinet. 1 Rol. Abr. 602. If an executor having lands 
by an extent upon a ftatute made to the teftator, and 
naming himlelf executor, by deed leafes them for three 
years, rendering rent, &c. if an aCtion is afterwards 
brought by him for his rent, it muft be in the debet & de- 
tinet, becaufe it is founded upon his own contract. Lane 
80. Cro. Jac. 685. So an executor, being leffee for years 
of a reCtory in the right of the teftator, may have aCtion 
upon 2Edw. VI. c. 13, for not fetting out tithes in the 
debet & detinet, becaufe founded upon a wrong in his own 
time, and by the ftatute it is given to the party grieved. 
Cro. Jac. 545. Alfo aCtion againft an executor lhall be 
in the detinet only, for he is chargeable no farther than he 
has-aflets. 11 Hen. IV. 16. 
In an aCtion againft an execiitor for rent, incurred in 
the life of the teftator, the writ (hall be in the detinet 
only. 11 Hen. VI. 36. But if an aCtion be brought againft 
an executor fur the arrearages of a rent, referved upon 
a leafe for years, and incurred after the death of the tel- 
¥ol, V. No. 302. 
B T. 03? 
tator, the writ (hall be in the debet & detinet, becaufe the 
executor is charged of his own pofteflion. Moor 566. 1 
Brown/. 56. And the declaration is agitinft him as af- 
(ignee, not as executor. If an aCtion is brought againft 
baron and feme, upon an obligation entered into by the 
feme before marriage, it (hall be in the debet & detinet ; for 
by the marriage all the perfonal goods and power of dif- 
pofing of the real eftate are by law given the hufband, 
which lie has to his own ufe, and not as executors, who 
have them only to the ufe of another. 3 Leon. 206. So 
if an aCtion is brought upon a bond againft the heir of 
the obligor, it lhall be in the debet & detinet, becaufe he 
hath the alfets in his own right. 5 Co. 36. 
If a man accepts an obligation for a debt due by fimple 
contract, this extinguifhes the contract, but the accept¬ 
ance of an obligation, for a debt due by another obliga¬ 
tion, is no bar of the firft obligation. 13Cfen.IV. c. 1. 
i. e. if between the fame parties. See the article Bond. 
In debt upon an obligation, the defendant cannot plead 
nil debet, but muft deny the deed by pleading non ejl faElum 
for the feal of the party, continuing, it muft be dilfolved 
eo ligamine quo ligatwn ejl. Liard. 332. But if the debt be 
due by fimple contract, then he may plead nil debet, for 
it does not appear that there is any debt continuing, 
Llob. 21 S. In debt for rent, if it be by deed, the proper- 
plea is non ejl faElum ; but if it be without deed, the de¬ 
fendant may plead non demifit, nothing in arrear, or that 
he never entered. 2I1JI.. 651. In debt for the arrears,of 
an annuity granted for life, nil debet is no good plea, for 
the aCtion is merely founded upon the deed, for without 
it no. action can be maintained, and though by the death 
of the grantee the nature of the action is changed, the 
annuity being determined ; yet this proves not but that 
the aCtion is founded upon the deed. Keilw. 147. Butin 
debt for the arrears of a rent-charge, by will devifed to 
the plaintiff’s wife for life, againft the adminiftrator of 
the occupier of the land, nil detinet is a good plea, for 
the will is no deed, nor wants any delivery; adjudged, 
and faid the aCtion was not lo much grounded upon the 
will itfelf as upon the ftatute, by which men are enabled 
by will, to difpofe of their lands and rents iffuing out 
thereof. Hard. 322. Indebt upon 2 & 3 Edw. VI. c. 13, 
for not fetting forth tithes, not guilty, or nil debet, are 
good iffues. 2 Injl. 651. becaufe by the aCtion the defend¬ 
ant is charged with a tort, and if he is not guilty of the 
tort, he does not owe the debt. In debt upon a contract, 
the defendant cannot plead the contraCt was fora lefs 
fum, or otherwife than the plaintiff - has declared, and 
traverfe the contract in the declaration laid, but may 
wage his law. Moor. 49. 
Debt to the King.— Under the term debitum, all 
things due to the king are comprehended ; as all rents, 
fines, iffues, and amercements, and other duties received 
or levied by the ftieriff; for debt in the larger fenfe fig- 
nifies whatever any man owes. The king’s debt is to be 
fatisfied before that of a fubjeCt, and until his debt be 
paid, he may proteCt the debtor from the arreft of others. 
And by 33 Hen. III. c. 39, all obligations made to the 
■king fhall have the fame force as a ftatute-ftaple. 1 Lujl, 
130. But by 25 Edw. III. ft. 5. c. 19, notwithftanding 
the king’s protection, creditors may proceed to judgment 
agajnft their debtors, with a ccjfet cxecutio till the king’s 
debts be paid. Lands, See. of the king’s debtor and ac¬ 
countant may be fold as well after his death as in his 
life-time; but if the accountant or debtor to the king 
had a quietus during his life, his heir (hall be difeharged 
of the debt. 27. Eliz. c.3. A perfon being in debt to 
the king, purchafes a leale to him and his wife, and dies : 
the term in the wife’s hands is liable to the debt. 2 B,ol. 
Abr. 157. Though it is faid if he purchafe lands to him 
and his wife for life, and to tK'eir heirs, fuch lands, in 
the hands of the wife, are not extendible after the huf- 
band’s death, for the king’s debt. Dyer 255. 
If a tenant in tail becomes indebted to the king, by 
receipt of the king’s money, or otherwife, unlefsit be by 
judgment, recognifance, obligation, or other fpecialty 
7 Z originally 
