case Goodwin against whether west Hilary term car roll debt upon Elizabeth c S  for not appear to a subpoena post Jones cro Elizabeth ld raym Str black Rep b  r h Bac ab dougl in recite a statute a variance of in aliquan curian instead  of in some senate be not material in a action for not appear to a subpoena it  need not be aver that the shilling be sufficient for the charge dougl debt for  ten pound on the Elizabeth c whereas the plaintiff have a suit in the common  plea against one Turburlack in a action for word wherein he show that he be a  suitor to the say whether west the now defendant to have marry her she be a  woman of a good estate and that the then defendant to defame he and deprive he  of his hope of the say marriage say of the plaintiff he have have a bastard by  one a S whereby he be great disparage and lose the say marriage to which the  then defendant plead not guilty and thereupon a nisi prius be award to be try  at Gloucester the oneandtwenty of July follow he sue a writ of subpoena out of  the common plea direct to the say whether west to testify in the say cause at  the say assize before the justice of nisi prius upon the say oneandtwenty of  July and that the seventeenth day of July Decimus quarto caroli be show it to  the say whether west the now defendant and leave a note with her of the day  and place of appearance and deliver to her twelvepence towards her expense and  charge and promise to her if she will come at the say day and place to testify  c he will give her so much more pro expenditure et load nest as she will  reasonable require which sum of twelvepence she accept and that she do not  come ad to make a witness although she be require whereby the action pass  against he whereupon he demand accord to the statute ten pound and his further  damage by the court to be tax upon non debet plead it be find for the  plaintiff Charles Jones now move in arrest of judgement first that the statute  be misrecited for the statute be if suit be commence in some senate and he  recite it in to some place curian so it vary say non allocatur for it be all  one in intendment second because be do not aver that the say twelvepence be  sufficient otherwise she be not to stir out of her door croak car Brampston  chief justice be of that opinion because she be not compellable to come upon  promise without charge deliver Jones doubt thereof but Berkley and myself hold  it to be good when she accept the twelvepence and she do not say she will have  more for her expense croak car er p three that load be no word for charge say  non allocatur for be join with expense it show that it be intend pro misis a  croak car hilary term car in the king bench sir John Brampston Knt chief  justice sir William Jones Knt sir George croak Knt sir Robert Berkley Knt  justice sir John bank Knt attorney general sir Edward Littleton Knt solicitor  general