case TRESWALLER against KEYNE easter term James roll the person to who a  promise be make may discharge it by parole if no breach have occur cro car  Leon side Mod Mod lev ray Com dig to Rep if a plea in confession and avoidance  of the declaration state under a scilicet that the new matter arise previous  to the time lie in the declaration it be erroneous assumpsit whereas the  defendant that April James in consideration the plaintiff will travel with he  from b in the county of Devon to London to help he to search for the will of  William Stacy that he will pay to he four pound for his pain and journey and  allege in fact that he the plaintiff afterward croak James er p scilicet that  April James at the defendant request travel with he from b aforesaid to London  and help he to search for the say will and find it and that the defendant have  not pay to he the four pound per quod c the defendant plead and confess the  promise and that after the promise and before that the plaintiff have make any  preparation for his journey or make any search for the will videlicet that  April James it be accord and agree betwixt they that the plaintiff shall  forbear his journey to London and to assist he in the say search and that the  defendant shall be discharge from the payment of the four pound and that  accord he then and there discharge the plaintiff of his journey and search  upon this plea the plaintiff demurrer and now this term it be move that the  plea be not good because where a promise begin upon consideration it can be  discharge by word only without some other consideration second this agreement  be allege to be before any preparation for the journey videlicet that April  whereas the journey be allege to be perform and execute that April James which  be the day before and at the defendant own request croak throw but it be move  for the defendant that the scilicet that April James be void and to allege the  precise day be not material but it suffice that it be before the preparation  to the journey say non allocatur for the court hold that the day of the  journey be allege to be that April and he allege the agreement to be that  April James it be not to any purpose unless he have traverse that he have take  the journey before but if he have take traverse it may peradventure have be  good Houghton hold that a promise may very well be discharge by word without  any consideration but for the other reason it be adjudge for the plaintiff