CHAPAIAN plaintiff against jane barnaby defendant a action upon the case for a  promise in a action upon the case for a promise bring against jane Barnaby  executrix to her husband upon non assumpsit plead a verdict be find for the  plaintiff and upon a motion in arrest of judgement the case appear to be this  the plaintiff have sell certain wine to the husband of the defendant which  money be not pay and the plaintiff have a purpose to sue the defendant for his  money after the death of her husband she acknowledge the debt and in  consideration that the plaintiff will forbear her until such a time she then  promise to pay he the same that the plaintiff do accord forbear her the same  time and for not payment accord to her promise the action be bring and a  verdict for the plaintiff it be move in arrest of judgement that this debt do  grow due upon the contract of the husband and that she be his executrix make  the promise to pay upon forbearance for a time which be not good to charge her  coke chief justice the plaintive have here lie in facto that he have forbear  her long this be personal and actionable and by this her assumpsit she have  make her self liable to be charge it be the common case that if a executor  make a promise to pay the debt of the testator upon forbearance he shall be  charge in a action upon the case for his promise if be do not perform it and  this be very clear it be diverse time say by Wray chief justice that if a  executor as before do promise to pay the debt of his testator that this be  clear a good assumpsit and shall bind he to the performance thereof and that  it be not needful as it have be now object to prove that he have asset for if  he have not yet this his promise be good and his have of asset be not material  and he shall here be charge by his promise though he have no benefit at all  thereby as if one say to such a schoolmaster teach such a one and I will give  you so much Bulstrode for your pain this be a good promise and shall bind he  though he have no benefit at all by it so if one do say to a mason build such  a house and I will pay you so much money for it this be good for the matter  considerable in such action upon the case for promise make be not whether the  party which do thus assume have or be to have any benefit thereby but only  whether the other of who the promise be thus make have any manner of prejudice  by it and the promise make upon this be the only ground of the action here in  this principal case it be aver in facto that be have forbear her accord to the  agreement and that as yet she have not pay the same accord to her promise the  whole court clear of opinion that the plaintiff have just cause of action that  the declaration be good and so the rule of the court be quod judgment to go  into pro querent notam by cook chief justice a bishop be only to fall timber  for building for fuel and for his other necessary occasion and there be no  bishopric but the same be of the foundation of the king the wood of the  bishopric be call the dower of the church and these be always careful to be  preserve and if be fall and destroy this upon a motion to we make here of this  we will grant a prohibition and to this purpose there be a great case which  concern the bishop of Duresm who have diverse coalmines and will have cut down  his timber tree for the maintenance and uphold of his work and upon motion in  parliament concern this for the king order be there make that the judge here  shall grant a prohibition for the king and we will here revive this again for  there a prohibition be so grant and so upon the like motion trade unto we in  the like case we will also for the king grant a prohibition by the statute of  e if a bishop cut down timber tree for any cause unless it be for necessary  reparation as if he sell the same unto a stranger we will grant a prohibition  and to this purpose I have see a good record in e where complaint be make in  parliament of the bishop of Duresm as before for cut of timber tree for his  coalmines and there agree that in such a case Bulstrode er p a prohibition do  lie and upon motion make a prohibition be then grant by the judge of this  court and the reason there give because that this timber be the dower of the  church and so it shall be also in the case of a dean and chapter in which case  upon this ground we will grant prohibition the whole court agree with he  herein