case bawd versus amhurst Eq Abr pl S c Chan Rep S c pale yellow Chan ante post  Vid Lord hardwick observation upon this case atk on a marriage treaty the  intend husband and the young lady father go to a counsellor chamber to have in  consideration of the portion the father propose to give a settlement draw  minute of the agreement be take down in write by the counsel and give by he to  his clerk to be draw up in form the next day the father die and the day follow  the marriage be solemnized this agreement notwithstanding these preparation  hold to be within the statute of fraud and perjury on the plaintiff  application in way of marriage to his new wife the defendant sister her father  propose to give her a portion of pound and the plaintiff propose to precedent  in chancery er p settle on her by way of jointure a rend charge of pound per  and and in order thereunto the plaintiff and the young lady father go to Mr  Minshulls chamber in the temple who be to draw the settlement as counsel for  the lady and Mr Minshull hear the proposal on both side take down minute or  head thereof in write and the same day give they to his clerk to draw article  accord to the substance thereof the next day the young lady father be take ill  sudden and die in about two hour after the next morning the plaintiff  intermarry and now bring this bill to compel a specific execution of the  marriage agreement and to have the portion pay the defendant plead the statute  of fraud and perjury and on argue that plea the benefit thereof be save to the  hear it be now argue by Mr Cooper and Mr Vernon for the plaintiff that this be  such a agreement as a court of equity may well carry into execution that the  statute do not require all agreement to be sign by the party themselves but if  they be sign by precedent in chancery any one lawful authorize thereto it be  sufficient that here Mr Minshull have authority and direction from both party  to draw the article that he take down these minute or head from the party own  mouth and reduce they into write and that therefore this can not be look upon  as a parole agreement or any danger of perjury since there be a write of it  nor can there be any variety of evidence concern it for the same reason that  in the case of mascall and cook vern S c in this court where only a draught of  a marriage settlement be prepare and before it be ingross the party intermarry  and the father be present and give the wedding dinner he be afterward decree  to pay the marriage portion though the agreement be never sign by either party  that in several case though there be nothing of the agreement reduce into  write yet it have be decree to a execution in this court ante as if a man by  his answer confess the agreement as charge in the bill he can avoid it by  insist it be never reduce into write because when he himself confess it there  can be no danger of perjury or contrariety of evidence no more can there be in  this case when there be a write or memorandum of the substance but it be argue  on the other side and decree to be no such agreement as this court can carry  into execution and my Lord chancellor say he have be always tender in lie open  that wise and just provision the parliament have make that the act have not  only direct such agreement to be in write as if that alone be sufficient but  go further and direct they to be sign by the party themselves or some other  lawful authorize by they for that purpose that to obviate the pretence of such  and such case be out of the mischief of the statute the parliament have in  general word comprehend all and direct that all agreement shall be in write  and sign by the party that he know no case where a precedent in chancery  agreement though it be all write with the party own hand have be hold  sufficient unless it have be likewise sign by the party and say that the party  not sign it be a evidence that he do not think it complete that he have leave  it to a after consideration and may afterward make alteration or addition in  it and therefore unless it be either sign by he or something equivalent do to  show that he look upon it as complete and perfect he think such write by the  party himself be not sufficient to bind he within that statute and cite the  case of mallet and Halfpenny Eq Abr pl S c vern S c where the defendant on a  treaty of marriage for his daughter with the plaintiff sign a write comprise  the term of the agreement and afterward design to elude the force thereof and  get lose from his agreement order his daughter to put on a good humour and get  the plaintiff to deliver up that write and then to marry he which she accord  do and the defendant stand at the corner of a street to see they go to be  marry and afterward force the plaintiff to bring his bill in this court to be  relieve and my Lord chancellor say he remember very well that this cause be  hear before the master of the roll and the plaintiff have a decree but he say  this be on the point of fraud which be prove in the cause and Halfpenny walk  backward and forward in the court and bid the master of the roll observe the  statute which he humorous say I do I do and in the principal case it be decree  to be no agreement which this court can carry into execution be only  preparatory head which be afterward to be draw into form and may then receive  several alteration or addition or the agreement entire break off upon some  further enquiry or information of the party circumstance precedent in chancery  er p but note it seem to be agree both by the court and counsel that if the  marriage have be have upon the foot of this write and the father have be privy  precedent in chancery and consent to it that he shall afterward have be oblige  to execute his part thereof