case page versus neal eoden die in person justice Charleton Eq can ab pl S c  whether demurrer proper to scandalous matter suggest in a bill the bill be to  be relieve against a bind of the testator suggest that it be enter into  without any consideration it be only for that the testator have unlawful keep  company with the defendant and have a bastard by her to that part of the bill  the defendant demurrer as be a matter scandalous and that it ought not to be  answer unto vide clark v periam atk Whaley v Norton post and case cite in not  there it be insist for the plaintiff that a demurrer be not the proper way to  be relieve for scandal but that it be proper to refer the bill for scandal and  to have it expunge but it be answer that the defendant may proceed either the  one way or the other and this be a way proper enough by the course of the  court if this demurrer shall not be allow every woman may be bring to swear  whether such a man do not lie with her but on the other hand it be insist that  if this demurrer shall be allow then though the matter which they call  scandalous be true and it be in truth the only consideration of the bind yet  then they can not be receive to prove it but sir Jo Churchill who be not  counsel in the cause inform the judge that the course of the court in such a  Vernon chancery case case be not to put the defendant to answer the scandalous  matter but to strike out the word demurrer and leave the plaintiff at liberty  to prove it though it be doubt if the plaintiff prove the suggestion of his  bill in the principal case it will not at all have avail he the order appear  by the register book to be that the word demurrer be strike out and that the  plaintiff do proceed on the answer already put in and not upon the matter that  be demurrer to without cost Reg lib b fol vide Franco v Bolton Ves which be a  bill after verdict upon a bind against obligor to have it deliver up charge  the consideration to have be a agreement by the defendant to cohabit with  plaintiff as his wife and that she have live in a state of adultery and  incontinence with various person and pray a discovery and demurrer to the  whole bill allow