Barnardiston king b full and Josling within what time a judgement upon a  warrant of attorney must be enter up it have be move on behalf of Mr Josling  as executor that a judgement give upon a warrant of attorney by his testatrix  may be set aside for its be enter up after the party death upon a reference of  this irregularity to the master he report the fact to be that the attorney  have deliver he the non sum shape the that of April last the testatrix die the  that and that he sign the judgement the d all which be do in easter term last  and now the question be whether this judgement be regular or not Mr fazakerly  argue for the defendant and insist that by the same reason as this judgement  will be good which be sign two day after the party die this judgement will  have be good though sign at the end of the vacation and he submit it that this  may be of dangerous consequence to executor for by payment of debt due by bind  or simple contract immediate upon the death of the testator which the  respective creditor Barnardiston king b er p will have a right at that time to  have pay they any executor may be subject to a devastavit and to prevent  mischief of this nature he say that clause in the statute of fraud and perjury  be make which provide that judgement shall have no relation but to the time of  the sign if that be so he say he submit it the present judgement be clear bad  all authority he observe in their own nature determine by the death of the  party they be and must be revocable at any time during the life of the party  and death be of it self a constant revocation to which purpose he apply a case  out of Ven and another out of salk but the court declare their opinion to be  that all judgement continue to have relation since the statute as to the party  themselves and their representative in the same manner as they do before the  Act as to every body else and therefore the inconvenience of a devastavit be  not to be regard then as to what be observe upon authority in general they say  be not applicable to the present case of a warrant of attorney to confess a  judgement these they observe be authority couple with a interest and therefore  not to be compare in reason to naked power for which reason the chief justice  say he think the party himself can not revoke it and that therefore the death  of the party will not be so far a revocation in law but that the judgement may  be well enter up upon it at any time before the next precedent term and to  this purpose the court rely the case of oat and uvoodward salk as be in point  however the court say they will not give their final opinion upon this matter  now but in the mean time make a rule upon the sheriff to deliver over to the  defendant the good he have take in execution on a judgement of the penalty of  a bind upon the defendant bring into court what money the master shall appoint  vide post