arnold versus DICHTON assumpsit in a action upon the case and non assumpsit  plead it be find for the plaintiff and Noy move in arrest of judgement that  there be no consideration to maintain this action the case be thus Arnold have  marry the daughter of the defendant testator the testator promise to give he l  and meat and drink for a year and a featherbed and bolster and afterward the  testator in consideration that the plaintiff will forbear to sue he all his  life for it promise that he shall have as good a portion at his death as any  of his child and the plaintiff declare that Popham he give to one though p one  of his two son l and that he leave he at the time of his death but l but when  he give to though p the l appear not peradventure it may be in his life time  and this promise do not extend to that which he have give before as if a man  be bind to keep a goal and that no prisoner shall escape this only extend to a  future keep and future escape and not to other escape which be before true it  be that sometime the law will alter the sense as in the case of h where a man  be bind that his feoff c and at another day Doderidge say that the first  promise be but a inducement to the second and the defendant have plead non  assumpsit to the last promise and then come the plaintiff and show that he  give such a one l and do not show when this be give and this may be before the  promise and therefore I conceive the declaration be not good Jones agree that  the declaration be not good for admit that in this case he have give to all  his child but one great portion before the say promise and have give a small  portion to one after the promise the plaintiff now shall have but accord to  the say promise and it be allege here that he give to such a one l which may  be before the promise and therefore the breach not well lie Whitlock contra  and that the plaintiff shall have accord to the best gift in this case whether  it be before or after the promise and that upon the intention of the promise  for the intention be that the plaintiff shall have as good a marriage portion  with his daughter as any other of his child shall have but by Doderidge this  construction can be make without offer violence to the word for then dart  shall be for to hand over and for any thing which appear he have a portion  before and this be but a superaddition Jones put this case I be bind to feoff  I S of so much land as I will feoff I d this extend not to a feoff which I  have make to I d before but only to a feoff which I shall make to he afterward  which be not deny by Whitlock and it be adjourn Popham er p the same term in  the same court