case berry against PENRING a submission to the arbitration of four person so  as the award be make at such a time by the four or by any three of they create  a divide authority and a award by any three of they be good SC roll Rep SC  more SC Bulst roll ab Yelv vent keb dyer Bac ab a award of all matter except  such a bind which shall stand in force be final debt upon a obligation the  condition be to stand to the arbitrament and order of four such person name  their croak throw name of all action c so as the same award be make and  deliver up in write under the hand and seal of the four or any three of they  the defendant plead no one to make arbitration the plaintiff show that three  of they make a arbitrament under their hand and seal and show what and assign  for breach the not pay of a certain sum of money which they arbitrate to be  pay a see ante and post croak James er p the defendant thereupon demurrer  pretend this arbitrament to be void because it be not make by all the four  arbitrator for the arbitrative authority be give to they all four and not to  three of they and the word so as the same be make and deliver under the hand  and seal of they or any three of they do not alter the authority but that they  all ought to make it nor be it good if it be under the seal of three of they  the court at first incline to that opinion but after several argument at the  bar they all seriatim deliver their opinion that the arbitrament be good for  every part of the condition be weigh the intent appear that it shall be  sufficient if three of they make it and although the word at the first be to  they four joint yet that be sufficient disjoin afterward by the word so as the  same be make and deliver by any three of they which expound that the  submission be to be the act of four or three of they and a authority may be  well divide but a interest can and they much rely upon a former judgement in  this court betwixt sallow and carling a whereupon it be adjudge for the  plaintiff afterward a writ of error be bring upon this judgement in the  exchequerchamber and the error assign in matter of law for the cause before  mentioned But all the justice and baron agree that the arbitrament be good  enough for the so as explain sufficient the submission to all or to three of  they and that disjoin all the authority another exception be take in the  arbitrament that it be not final for they arbitrate that all suit and action  shall cease and all matter shall be determine except concern such a bind which  be award to stand in his force so it be object that they have not make a end  of all matter and therefore the arbitrament not good but all the justice and  baron hold it to be well enough for they make a award concern that videlicet  that it shall stand in force and shall be satisfy which be a sufficient  declaration of their purpose concern all controversy and no disclaimer to  meddle with any wherefore the judgement be affirm