CHAMPUES case Ounson make his will give to though Champues son of jeremi  Champues also to other child of jeremi a piece to be pay at their several  marriage or age of year and after will that his executor shall enter into bind  to the several parent to pay the several legacy to the several child at the  age of year or their marriage and his executor after his death give a  obligation to Jeremy ChamPues to pay the to Thomas at his full age or marriage  but in the spiritual court afterward upon libel it be order that be pay the  legacy present Thomas be under age of tender year and for that henden move for  a prohibition Richardson although the suit for a legacy be proper in the  spiritual court yet if there be a obligation give for the payment of it it be  now turn to a duty in the commonlaw and then it be not tryable there this be  one reason why a prohibition shall be grant second another reason be because  that they sentence the payment of the legacy against the will and against law  and the obligation here will not alter the case for it be give to another  person not to the legatee and then the legatee notwithstanding the obligation  may sue in the spiritual court but by Richardson it be all one for here the  will order the obligation to be make which Hutton change opinion and Harvey  agree for now because the obligation be give if the sentence shall be give the  party be liable to the obligation also to perform that and by Richardson it  seem that the clause in the will of the obligation to be enter into by the  executor to pay at the marriage or year of age the several legacy c extend to  the first legacy of to Thomas although it be couple to the last legacy which  shall be by a new hetley er p and several item and by that clause the  intention of the testator appear that the which be give general and no time of  payment name it shall not be pay until marriage or year of age and a  prohibition be command to be grant note it be say by Richardson chief justice  if a man have a way over the land of another for his cattle and upon the way  he scare his cattle so that they run out of the way upon the land of the owner  and the party who drive the cattle fresh pursue they c that in trespass he who  have the way may plead this special matter in justification