L. Fr. Fetters; irons. Kelham. (that is, to obtain by a levy and sale of them,) the amount specified in the writ, and that he have it in court on the return day. 3 Bl. Com. 417. 3 Steph. Com. 649. 2 Tidd's Pract. 993, 998. **The name of this important writ is derived from its two emphatic words, as distinguished in the form given infra. Co. Litt. 290 b. 3 Bl. Com. 417. It is supposed by Mr. Reeves to have obtained both its name and existence from the words of the statute of Westminster 2, chap. 18; quod vicecomes fieri faciat de terris et catallis. 2 Reeves' Hist. Eng. Law, 187. The general opinion, however, has been that it was a common law execution. Id. ibid. note. 2 Tidd's Pr. 998. In modern English practice, the fi. fa. issues against goods and chattels only, and it seems to be supposed in the books that the ancient writ was restricted in the same way. See Fleta, lib. 2, c. 62, § 8. But the forms in the Register are all de terris et catallis, thus: Rex vic. salutem: Præcipimus tibi quod de terris et catallis T. de S. in balliva tua, FIERI FACIAS decem libras, et illas habeas coram justitiariis nostris apud W. in octavis Sancti Hilarii, ad reddendum T. de B. quæ ei in cadem curia nostra adjudicatæ fuerunt, pro damnis ipsius quæ habuit occasione cujusdam transgressionis, &c. Et habeas ibi tunc hoc breve. Teste, &c. Reg. Jud. 18 b. See Bract. fol. 312 b. In American practice, the fi. fa. is usually directed to be executed in the first instance against the goods and chattels of the party named, and failing those, against his real estate.