case Snelling against Norton by the custom of London debt lie against executor  and administrator for a simple contract of their testator or intestate and a  plaintiff can be nonsuit after the court have give their opinion on the point  of law   b post Edward pl Priv land Edward pl b sand   a Edward pl b   Noy cro  car more Inst Com dig Bac Abr Bac Abr debt against he as administrator to one  Norton upon a obligation the defendant show the custom of London to he that if  a contract he make by a citizen to pay money to another citizen and he who  make the contract die that his executor or administrator shall he Chargeable  therewith as if it be upon a obligation and show further how the intestate be  indebt upon a contract to one a who have recover against he and that he have  riens ouster en say mains c and it be thereupon demurrer Glanville move that  this custom be not good for first it be against law that a executor or  administrator shall he charge upon a simple contract second it be against law  that a stranger shall he bar of his debt upon specialty by reason of a debt  upon a simple contract wherefore c Daniel contra the custom be always to bind  the executor or administrator to pay debt upon contract and custom in London  be confirm by parliament and be now as strong as a statute and therefore in  London they prescrihe to give a this case be revive upon a new action and  adjudge for the plaintiff pos croak Elizabeth er p land in mortmain which be  against statute law and there be not any custom but that it deprive a d be  against the commonlaw in some point and this custom be reasonable for a debt  upon a contract be as well due as a debt upon at obligation and therefore  there be as great reason for the payment of the one as of the other although  the law have give a great prerogative videlicet a priority of pay the one  rather than to the other and although it may seem hard to have allow this  custom in this court if it have be original plead here yet when the custom  have be execute against the administrator by the law of the city whereto he be  subject it will he mischievous unto he to he disallow it here for thena he  shall he twice charge without remedy and this difference be take in Edward  Owen justice the custom be reasonable for the executor in conscience be bind  to pay debt upon a contract as well as upon specialty and such a matter be  about four year since in this court but not adjudge and of that opinion be the  other justice especial as this case be be execute against he who be liable and  Chargeable to the custom of London and afterward in mich pound Elizabeth t be  move again and another exception take for that the custom can be to bind the  administrator because he hegins to he Chargeable by the statute of Edward c  and no action lie against he at the commonlaw croak Elizabeth but it be deny  per totan curian for a administrator be Chargeable and to he sue at the  commonlaw but he may not sue and the statute be but in affirmance of the  commonlaw a and they be sue as executor at the commonlaw and so it be Edward  covenant and the case of Elizabeth that a action lie not against the mat the  comrnon law be not law in this point the plaintiff will then have be nonsuit  send non to be able forasmuch as two of the justice have deliver their opinion  no more than after a verdict wherefore it be adjudge for the defendant croak  Elizabeth michaelmas term pound Elizabeth in the queen bench sir John Popham  Knt chief justice sir Francis gawdy Knt John Clench Esq Edward Fenner Esq  justice sir Edward coke Knt attorneygeneral sir Thomas Fleming Knt solicitor  general