chancery report bishop con bishop car f the bill be to have a award decree and  perform it be voluntary refer to Mr justice crook by the party plaintiff and  defendant to end the difference between they who make his award and the bill  also charge the defendant to make a discovery of the breach of the say award  the defendant insist that the say award be mere voluntary and extrajudicial  and make without the direction of this court and that both party do rely upon  their bind mutual give for the performance of the say award and as to the bind  enter into for the performance of the award and the pretend breach thereof the  defendant insist it be put in suit by the plaintiff at law and that the  defendant be not bind by law to answer upon oath any such matter against  himself as may ten any evidence to bring he within the penalty of the say bind  now as concern the say award forasmuch as the plaintiff have perform the same  his lordship declare it be a proper suit in this court to compel the defendant  to perform it you his part although the say award be not make original by any  direction of this court chancery report the defendant insist that the part of  the say award be chief insist upon in the say bill which do bar the defendant  be tenant in tail from that power which the law give he the bill charge that  sir Thomas bishop father of the plaintiff and defendant be seize to he and his  heir male with the fee expectant of diverse land in Henfield and the plaintiff  conceive he have be seize of the land in Henfield convey the same to the  defendant and his heir male of his body have the fee in himself and there be a  deed of gift make of the testator good at Henfield unto the defendant in trust  for the testator wife the mother of the plaintiff and defendant and after her  decease in trust for the defendant that difference arise about the say estate  tail Mr justice crook award the defendant to enjoy a former estatetail settle  upon he and the heir male of his body by the say testator and the plaintiff to  confirm the say estatetail at the charge of the defendant and that the  defendant shall do no Act to debar or discontinue the say estatetail or the  remainder of the plaintiff without the plaintiff consent except it be for a  jointure for his wife chancery report his lordship to this part of the award  declare it be absolute against the constant course of this court to decree a  perpetuity or give any relief in that case and as to that point hold the  defendant demurrer to be good but as to the perform the say award this court  order the defendant to answer and overrule the demurrer and as touch the bind  for the performance of the award his lordship see no colour that the defendant  shall discover any thing against himself whereby to charge himself with the  penalty of the bind