coke b harrison case hill Elizabeth rot in the common plea a debt by bind  shall be satisfy before a statute to perform covenant which covenant be not  break judgement recover in the king court shall be pay before bind in the  nature of a statutestaple or merchant and before recognizance SC jenk cent  vide the entry   Ent nu Robert green bring a action of debt on a bind of  against William Harrison administrator of the good and chattel of Thomas  Sidney the defendant plead that the intestate be bind in a bind in the nature  of a statute staple beyond which he have no good c the plaintiff reply that  there be indenture of defeasance make to perform covenant in certain indenture  which be all perform hitherto upon which the defendant demurrer and it be  adjudge that the plaintiff shall recover for a debt due by bind shall be pay  before a statute make to perform covenant when none of they then be nor  perhaps ever will be break but be thing in contingency and in going to be and  therefore such possibility which peradventure may never happen shall not bar  present and due debt by bind or other specialty nor shall it at least in  equity bar simple contract debt Hawkins v day ambler in simmons v bolland  Meriv where a executor claim to retain out of the residue certain part of the  property to protect himself against a future contingent demand in respect of  covenant enter into by the testator for payment of rend and repair of a estate  hold by he under lease from a corporation though there be no exist breach of  covenant nor arrear of rend in respect of which he be liable on a bill by the  residuary legatee for the property so retain the court order that the fund in  question shall be make over to the plaintiff on his give a sufficient  indemnity to the executor the term of such indemnity to be settle by the  master in Lord Egmont v Vernon that July ms where on a bill by a residuary  legatee against the executor it appear that the testator have grant lease  under power which be allege not to be conformable to they with covenant for  quiet enjoyment under which his personal estate may be liable in case of  eviction of the tenant but no claim have be make by they Lord Gifford m r  decree payment without a indemnity in a prior case under the duke of  queensberry will where claim have be make by the tenant the Lord chancellor  Eldon direct so much of the personal estate to be retain as in the opinion of  the master will answer such claim ms a and if such statute to perform covenant  shall bar other of their due debt little or no debt will be pay et notam bene  that it be adjudge in the king bench by Popham chief justice and the whole  court hill Elizabeth that if a man recover debt by judgement in the king court  this judgement shall be pay before bind in the nature of a   b a c Brownl Yelv  a statute staple or merchant for judgement give in the king court be high than  such statute which be private record and portable by the conusee in his Rep Q  a h a pocket but judgement coke report a er p give in the king court on  ordinary and judicial proceed which remain in the custody of a swear officer  be record which be prefer in law before such statute and the law presume quod  judgment To give back in reluctant and such judgement shall be pay before  recognizance acknowledge by the assent of the party in any of the king court  which may be acknowledge in a private manner and it be not material whether  the judgement or recognizance or statute be first but be the judgement first  coke a or last it ought to be first satisfy and so it be hold by the whole  court of common plea between Swinb   b b Pemberton and Bartram pasch Elizabeth  rot which see before in the end of the saddler case in the four part of my  report