CHARNOCY against Currey ADMINSRATOR OFALLEN debt against administrator in debt  upon a obligation against the defendant as administrator as above he plead  judgement have against he in a action of debt and over that have not to  satisfy to which plaintiff reply that this judgement be for penalty and the  condition be for a lesser sum and that the plaintiff in the first action have  accept his due debt and have promise to acknowledge satisfaction of the  judgement at the request of the defendant and at his charge and the  administrator which be the defendant do make that request upon Brownlow  goldsborough fraud and covin to avoid the plaintiff action upon which the  defendant have demurrer and so confess the matter of the plea but foster seem  that the plaintiff ought to aver that the plaintiff in the first action have  offer to acknowledge satisfaction and that otherwise he shall be put to his  action upon the case but coke and Warburton intend that the replication be  very good without such averment for it shall be intend that the plaintiff will  perform his promise but further this demurrer which be only for part be also  for another part a issue join for the other part which be to be try by the  country and which shall be try of the issue or of the demurrer be the question  and it be agree by they all that the issue or demurrer shall be first at the  discretion of the court see h Edward Commission be grant to the Council in  Wales of which the precedent vicepresident or chief justice to be one and the  question be if they may make a deputy and it be agree that delegate power can  not be delegate but they ripight make a officer to take a account in any such  act Brownlow goldsborough er p note that a caveat be enter with a bishop that  he shall not admit any without give notice that the adlhihion this  notwithstanding be good but if he admit one which have no right he be a  disturber but otherwise the caveat do nothing but only to make the bishop  careful what person be admit foster justice seem that if the ordinary now  after the statute of h grant administration to one which be next of blood that  be can repeal it but coke chief justice seem the contrary and that be incur  the penalty of the statute only and if a administration be grant to one which  be next of blood upon which the first administrator bring a action of debt and  hang that upon suggestion that the first administration be void another  administration be grant and it seem that this second administration grant upon  this suggestion shall be repeal from the first though it be general and  without any recital of it but if the second be declare by sentence to be void  from the beginning then the first remain good action upon the case be bring  for these word that be thou baste kill I S and it seem that the action aoth  not lie for a man may kill another in execution and as minister of justice or  in war in which thing kill be justifiable Brownlow goldsborough michaelmas  James in the common bench