The Act of Assembly, expresly directs that the process, to be issued against a freeholder, shall be a Summons. Upon the writ which has issued in this case, the Defendant must be arrested before his appearance can be accepted; and it might hereafter be doubted, under our Act of Assembly, whether in submitting, even upon those terms, to the Capias, he has not forfeited his privilege to be sued by a Summons.
The rule made absolute.