ccclxiv bind and bail case bind bring a to know facias against bail  administrator of one t b upon a recovery against the intestate in a action of  debt the defendant plead before the say judgement give the testator  acknowledge a statutestaple to one b and that the same be not pay in the  lifetime of the intestate nor ever after and that they have not good of the  intestate in their hand above to pay the say statute upon which it be demurrer  in law crook argue that the bar be not good for here no execution upon the  statute be plead and then the judgement and the statute be thing of as high  nature that of which execution be first sue shall be first satisfy and if this  action have be bring upon the obligation the plea have not be good for  although that Brian say e that recognizance shall be pay by executor before  obligation yet that be to be intend when a to know facias be to be sue upon it  otherwise not see e Fitzherbert title execution in a to know facias upon a  judgement in debt give against the testator enquiry be what good the executor  have at the day of the garnishment and he say it be move Elizabeth by Anderson  in this court in debt upon a obligation against a executor the defendant plead  that the testator be indebt to one a and that they have not more than to  satisfy the same and it be hold no plea unless they have plead further that a  to know facias be sue forth upon the same but Wray say that be not law and  there be a difference when the judgement be give against the testator himself  and where against the executor for where judgement be give against the  executor the judgement which be first give shall be first execute but if two  judgement be give against the testator he who first sue execution against the  executor shall be first satisfy because they be thing of a equal nature and  before suit it be in the election of the executor to pay which of they he  please see e as if two man have tally out of the exchequer be who first offer  his to the officer shall be first satisfy for before that it be in the  election of the officer which of they he will pay and a judgement be a high  record than a statute for the statute be not a record but debt is owed  recollection recognitum and therefore h if the release enrol be lose the  enrolment of it be not of any effect and pasch Elizabeth our very case be move  in the court Leonard of common plea in a to know facias upon a judgement give  against the testator the executor plead that the testator have acknowledge  statute before not satisfy ultra which c and it be hold no plea for a statute  be but a private and poquetrecord as they then call it and Elizabeth between  cony and Barkham the same plea be plead and hold to be no plea also if this  plea shall be allow great mischief will follow for then no debt shall be  satisfy by executor for it may be that the statute be make for performance of  covenant which covenant peradventure shall never be break and afterward  judgement be give for the plaintiff Len roll mich Elizabeth in the king bench