CCCCLXIV bind and bail case judgement upon a bind where satisfy before a  statute cony and Barhams case bind bring a to know facias against bail  administrator of one t b upon a recovery have against the intestate in action  of debt the defendant plead that before he say judgement give the testator do  acknowledge a statute staple to one c and that the son be not pay in the life  of the testator nor after and that they have not in their hand any good of the  intestate beyond what will satisfy the say statute upon which there be a  demurrer in law and coke argue that the bar be not good for here be not plead  any execution upon the statute and then the judgement the statute be of thing  of as high nature that of which execution be sue shall be first serve and if  this action have be bring upon a bind the plea have not be good for although  that Brian say e that recognizance shall be pay by executor before bind yet  that it be to beintended when a to know facias be to be sue upon it otherwise  not and h in a to know facias upon a judgement full administer at the day of  the writ bring be a good plea by which it appear that if the executor have pay  the debt upon the obligation before the writ bring it have be good see e  executor in a to know facias upon a judgement in debt give against the  testator enquiry shall be what good the executor have the day of the to know  facias and he say it be move by Anderson Elizabeth n this court in debt  Leonard upon a bind against executor the defendant plead that the testator be  indebt by judgement to a and that they have not more than to satisfy the same  and it be hold no plea if not that he plead further that a to know facias be  sue upon it Wray say the same 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 executor the judgement which be give  before 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 equal nature and before suit it be in the  election of the executor which of they he will pay see e as if two man have  tally out of the exchequer he which first offer his tally to the officer shall  be fir t pay but before that it be in the choice of the officer which of they  shall be first satisfy and therefore h if the lease enrol be lose the  enrolment be not of any effect and pasch Elizabeth our very case be move in  the common plea in a to know facias upon a judgement give against the testator  the executor plead that the testator have acknowledge a statute before not  satisfy ultra who c and it be hold no plea for a statute be but a private and  pocket record as they call it and Elizabeth betwixt cony and Barham the same  plea be plead and hold no plea also if this plea shall be allow great mischief  will follow for then no debt shall be satisfy by the executor for it may be  that the statute be make for performance of covenant which covenant perhaps  shall never be break and afterward judgement be give for the plaintiff Len  roll trin Elizabeth in the king bench