ccxv Hawkins and LAWSE case debt Administration Hawkins bring a action of debt  against Lawse executor of one a for rend reserve upon a lease for year make to  the testator the defendant plead full administer and upon the evidence it  appear that the say a make the defendant his executor and Leonard that be do  meddle with the possession of diverse good of the testator and so administer  and afterward refuse in court and that the Administration be afterward commit  to one b and that the inventory of the good of the testator come to one  thousand pound and it be give in evidence for the defendant that be himself  have pay certain debt and that diverse person have recover against the  administrator diverse sum of money amount to one thousand pound ultra and it  be move if that evidence do maintain the issue for the defendant because that  the defendant have plead plene adminstravit which imply a Administration by  himself and now upon the evidence it appear that the great part of the good of  the testator be administer by the administrator periam if that administrator  who in truth be but a stranger pay any debt with the good of the testator  without commandment of the executor the same be not a Administration and the  executor can give such matter in evidence to prove his plea of full administer  draw sergeant if a executor of his own wrong meddle with the good of the  testator and afterward the administrator meddle with the residue and  administer they in debt against the executor who plead full administer if he  can prove that he himself have administer part and the administrator the  residue the same be good evidence to maintain his issue periam it may be so  there but here in our case the defendant be the very executor and he have  administer in which case afterward he can refuse and so the Administration be  not well commit and be grant without cause and be to who the Administration be  commit be a mere stranger and what he do be without warrant and therefore it  be no Administration to prove the issue and then the whole matter by direction  of the court be find by special verdict and by periam in this case a action  may be bring either against the executor of his own wrong or the administrator  but not against both of they joint see h by Yelverton and portington periam if  the testator mortgage a lease for year and die and Leonard er p the executor  redeem it with their own money the say lease shall be asset in their hand for  so much as the same be worth above the sum which they have pay for the  redemption of it cro cro trin Elizabeth in the common plead