case HEREBLOCK against read a executor or administrator ought to pay a debt  due by judgement before a debt upon a statute or recognizance of a old date  but if the good be take on a statute he may plead that he have not aliquan  alian good proeter ante post roll ab   Ent yely vern   a   Leon side Vaugh  salk ld raym Bac ab go vent Peer will Cas tem Tal dougl term Rep demurrer the  case be that Hereblock have recover in debt in the common plea a writ of error  be bring and while it be depend he acknowledge statute and die Administration  be commit to the defendant who bring new writ of error and while it be depend  execution be sue upon the statute and afterward the judgement affirm in a  scirefacias upon that judgement the defendant plead all this matter and that  at the day of this to know facias bring he have not alian good than those good  deliver to the conusee thereupon the plaintiff demurrer Tanfield for the  plaintiff move that this be not any plea for the matter thereof for the  judgement be first and the administrator have conusance thereof as he have by  bring the writ of error it ought to be first satisfy and although the good be  take in execution upon the statute yet the defendant although he can not have  plead it because he have not day to plead may have remedy for it by hearing  complaint and so help himself and the first judgement be always to he first  satisfy as Henry pl Elizabeth due and dyer the plea also be not good for the  form for he plead a extent of the good croak Elizabeth and deliver to the  conusee and he do not say per sacrament c as it ought to he as dyer S he plead  also that he have not aliquan alian good prceter c which be repugnant to the  plea after that the sheriff have take all the good so he have not any good at  all vide for this Edward pl Henry pl wherefore c but against that it be move  that this plea be good for the matter for both be debt upon record although  the one he puisne to the other for as a puisne obligation may he pay before a  eigne so it be of record in Elizabeth Truxston v Veri they it be rule that a  statute shall he pay before a obligation for it be a debt of record and here  he can not have time to disturb the execution and therefore it be not reason  but that he shall he help by plead it here and it shall not he say to be a  devastavit when there be not any fault in he and although it be say that he  may have a hearing complaint to help he that be but a small remedy that he  shall answer of his own proper good and he put to seek his remedy against a  stranger who peradventure be not able to satisfy he which will he mischievous  to a executor wherefore c Fenner hold the plea to be good for although where  two judgement be against a testator the executor ought first to satisfy the  first judgement for it may be plead in bar against the other yet it be not so  for a statute for the execution thereof be against the executor without answer  and therefore it be not any devastavit in he in regard he can not have prevent  it and a hearing complaint lie not because the conusee have not do any act to  discharge the execution wherefore c Popham hold that a hearing complaint lie  because the statute happen not to he put in execution against the  administrator and if he will not sue it it be his own default and he shall he  charge and it be clear that the execution upon the judgement ought to be  before the execution upon the statute and there be not any default in the  plaintiff and he have not otherwise any remedy and if he will not help himself  when he may it be reason he shall he prejudice as touch the exception of per  sacrament estimable Popham gawdy and Fenner hold the plea to he ill but as to  the matter gawdy speak not et adjournatur a a this case at sergeant inn be  move several time but in mich term Elizabeth upon conference with the judge  the plea be hold to be good and judgement give for the defendant post croak  Elizabeth er p