Barnardiston king b bird and fillip how far the court will give liberty to  withdraw a plea how far the court give liberty to plead double on rule to show  cause why the defendant shall not have liberty to withdraw his plea and  likewise to plead double Mr reeves say that the case be that a action of  covenant be bring to recover the penalty contain in certain article of  agreement relate to PutneyBridge the purport of which article among other  thing be that if the defendant shall happen to be appoint by the commissioner  to build the bridge the plaintiff shall have a share in it now the declaration  charge that the defendant be appoint to build it by the commissioner but that  he have not let the plaintiff have a share in it to this the defendant plead  nil debet and upon that the plaintiff demurrer and give a rule for join in  demurrer which will have be out before the end of the last vacation but the  defendant do join in demurrer in time and the first day of this term motion be  make that the record may be a concilium notwithstanding this the defendant  obtain the same day this rule for show cause which he hope accord to the state  of this case there be no foundation for sergeant chapel on the other side say  that if the defendant have not join in demurrer it will have be beyond all  question clear that the rule for show cause have be proper so that the joinder  in demurrer be the only thing which make the difficulty and as to that he say  the defendant be under a necessity of do it otherwise judgement will have be  sign against he he do agree it may be say possible that the defendant shall  have take out a summons at a judge chamber to have get the time enlarge for  sign judgement but he observe that all the judge of this court be at that time  out of town and therefore that objection be sufficient answer then as to the  record be make a concilium he say Mr reeves have agree that this rule be make  the same day and the court will not inquire which motion be make first the  chief justice and the rest of the court declare themselves to be of the same  opinion and accord the rule be make absolute N B the plead be that there be no  such covenant in the article and likewise that the commissioner do not appoint  the defendant Barnardiston king b er p