case hussey against jacob declaration on a bill of exchange against the  acceptor on the custom of merchant S c salk S c ray Ent London to wit William  Hussey complain of Alexander Jacob in custody of the marshal of the Marshalsea  of the lord the king be before the king himself for that to wit that whereas  the city of London in this kingdom of England be and from time whereof the  memory of man be not to the contrary have be a ancient city and also whereas  the town of Hereford in this kingdom of England be and for all the time  abovesaid have be a ancient town and also whereas there be have and exist and  for all the time abovesaid there be have and have be a certain ancient and  laudable custom use and approve among merchant and other person use commerce  reside in Hereford aforesaid and merchant and other person use commerce dwell  in London aforesaid that be to say that if any merchant or other modern er p  person reside in Hereford aforesaid shall make any bill of exchange accord to  the custom of merchant and direct the same bill of exchange to another person  use commerce dwell in London aforesaid and by the same bill request the same  merchant or other person use commerce reside in London aforesaid in such bill  of exchange name to who the same bill of exchange shall be so direct to pay  any sum of money in such bill of exchange mention to any other merchant or  other person in the same bill of exchange at any time in such bill of exchange  specify and that if such merchant or other person dwell at London aforesaid to  who any such bill of exchange have be so direct have modern accept such bill  of exchange to he so direct as aforesaid accord to the custom of merchant as  well such merchant or other person to who such bill of exchange have be so  direct have be Chargeable by such acceptance and for all the time aforesaid  have be accustom to be Chargeable to pay such sum of money in such bill of  exchange mention to such merchant or other person in such bill of exchange  name at the day or time in such bill of exchange appoint for the payment  thereof accord to the tenor and effect of such bill of exchange and whereas  the right honourable the Lord chandois on the first day of October in the year  of our Lord be at Hereford aforesaid and use commerce that be to say at London  aforesaid in the parish of the bless mary of the arch in the ware of cheap  make his first bill of exchange bear date the same day and year and direct the  same bill of exchange to the aforesaid Alexander Jacob then reside and dwell  and use commerce at London aforesaid in the parish and ware aforesaid and by  the same bill of exchange the aforesaid Lord chandois request the aforesaid  Alexander Jacob to pay within a month after sight of his first bill of  exchange the sum of one hundred and twenty piece of gold call guinea to the  aforesaid William Hussey by the name of captain Hussey the aforesaid Lord  chandois and William Hussey then and there use commerce and the say William  afterward on the that day of the same month of October in the year abovesaid  at London aforesaid in the parish and ware aforesaid do show the say bill of  exchange to he the say Alexander and then and there request the say Alexander  to accept the say bill of exchange and to pay to he the say William the say  one hundred and twenty piece of gold call guinea accord to the tenor of the  bill aforesaid and thereupon the say Alexander then and there upon sight  thereof accept the say bill of exchange accord to the custom of merchant  aforesaid by reason of which say acceptance of the say bill of exchange and by  reason of the premise be the say Alexander accord to the custom aforesaid so  use and approve as aforesaid become Chargeable to pay to the aforesaid William  the say one hundred and twenty piece of gold in the say bill of exchange  mention accord to the form and effect of the say bill and the aforesaid  Alexander afterward to wit the day and year last mention at London aforesaid  at the parish and ware aforesaid in consideration of the premise aforesaid  assume upon himself and to the say William then and there faithful promise  that he the say Alexander the say one hundred and twenty modern piece of gold  call guinea in the say bill of exchange mention will well and faithful pay and  satisfy to the say William accord to the form and effect of the say bill of  exchange and also whereas the aforesaid Alexander afterward on the first day  of December in the year of our Lord at London aforesaid in the parish and ware  aforesaid be indebt to the say William in other one hundred and twenty piece  of gold call guinea of the value of one hundred and thirtytwo pound of lawful  money of England for so much money by he the say William for the say Alexander  at the special instance and request of he the say Alexander before that time  pay lie out and disburse and be thereof so indebt the aforesaid Alexander in  consideration thereof assume upon himself and to the say William then and  there faithful promise that he the say Alexander will well and faithful pay  and satisfy to he the say William the say one hundred and twenty piece of gold  call guinea of the value of the one hundred and thirtytwo pound last mention  when he shall be thereunto request and also whereas the say Alexander  afterward to wit on the say first day of December in the year last abovesaid  at London aforesaid in the parish and ware aforesaid be indebt to the say  William in other one hundred and thirtytwo pound of lawful modern er p money  of England for so much money by the say William to the say Alexander at the  special instance and request of he the say Alexander before that time lend and  advance and be so indebt the say Alexander in consideration thereof assume  upon himself and to the say William then and there faithful promise that he  the say Alexander will well and faithful pay and satisfy to the say William  the say one hundred and thirtytwo pound last mention when he shall thereunto  be require and also whereas the say Alexander afterward to wit on the say  first day of December in the year last abovesaid at London aforesaid in the  parish and ware aforesaid be indebt to the say William in other one hundred  and twenty piece of gold call guinea of the value of one hundred and thirtytwo  pound of like lawful money of England for the like sum of money by the say  Alexander for the say William and to the use of he the say William before that  time have and receive and be thereof so indebt the say Alexander in  consideration thereof assume upon himself and to the say William then and  there faithful promise that he the say Alexander will well and faithful pay  and satisfy to the say William the say one hundred and twenty piece of gold  call guinea last mention when he shall be thereto request nevertheless the say  Alexander not at all regard his say several promise and undertake in form  aforesaid make but contrive and fraudulent intend crafty and subtle to deceive  and defraud the say William in this behalf have not pay to the say William the  say one hundred and twenty piece of gold call guinea in the say first promise  abovementioned at a month after sight of the say bill of exchange  abovementioned or the say several sum of money in the say second three and  four promise although to pay the say several sum of money in the say second  three and four promise abovementioned to he the say William the say Alexander  afterward to wit on the ten day of April in the year of our Lord and often  afterward at London aforesaid in the parish and ware aforesaid be request by  the say modern William but have hitherto whole refuse and yet do refuse to pay  the same to he whereupon the say William say that he be injure and have damage  to the value of four hundred pound and thereupon he bring suit c and now here  at this day to wit Friday next after the morrow of the holy Trinity in this  same term until which day the say Alexander have leave to imparl to the say  bill and then to answer before the lord the king at Westminster come as well  the say William by his say attorney as the say Alexander by Vincent skynes his  attorney and the say Alexander defend the force and injury when c and as to  the second three and four promise and undertake in the say declaration  abovementioned the say Alexander say that he do not assume upon himself in  manner and form as the say William above complain against he and of this he  put himself upon the country and the say William thereof likewise and as to  the say first promise and undertake in the say declaration abovementioned the  say Alexander say that he by virtue of the say bill of exchange in the first  promise and undertake abovementioned by he as aforesaid make ought not to be  charge because protest that the say Lord chandois at the same time of make the  say bill of exchange or at any time afterward be not a person use commerce  protest also that the say William at the say time of make the say bill of  exchange be not a person use commerce as the say William by his say  declaration above suppose nevertheless the say Alexander for plea say that  after the twentyninth day of September in the year of our Lord and before the  make the say bill of exchange to wit on the twentyfirst day of October in the  year of our Lord abovesaid at London aforesaid in the parish and ware  aforesaid the say Lord chandois and William play between themselves with dice  at a certain game call hazard and that the say Lord chandois then and there at  that game at one time and at one meeting lose to the say William the  abovementioned sum of one hundred and twenty piece of gold call guinea and  that for secure the payment of the say one hundred and twenty piece of gold  lose by he the say Lord chandois to the say William as aforesaid he the say  Lord chandois afterward to wit on the say twentyfirst day of October in the  year of our Lord abovesaid at the parish and ware aforesaid direct his first  bill of exchange to the say Alexander and by the same bill of exchange the say  Lord chandois request he the say Alexander to pay at a month after sight of  the say bill of exchange the say sum of one hundred modern er p and twenty  piece of gold call guinea to the say William and afterward to wit on the say  twentyeighth day of October in the year last abovesaid upon sight of the say  first bill of exchange he the say Alexander at London aforesaid in the parish  and ware aforesaid accept the say bill of exchange for the payment of the say  one hundred and twenty piece of gold and assume upon modern himself as the say  William by the declaration aforesaid above have suppose by reason of which  premise and by force of the statute in that case make and provide the say  first bill of exchange by he the say Alexander as aforesaid accept and the  acceptance thereof and the promise and undertake of he the say Alexander by he  the say Alexander as aforesaid make become and be and now be void and of no  force in law and this he be ready to verify wherefore he pray judgement if he  by virtue of the bill of exchange aforesaid by the aforesaid Lord chandois  against the form of the statute aforesaid as aforesaid give and make and by he  the say Alexander in form aforesaid accept ought to be charge c and the say  William say that he by anything by the say Alexander above in plead allege as  to the first promise and undertake aforesaid ought not to be bar from have his  say action thereof against he the say Alexander because he say that the plea  aforesaid by the say Alexander in manner and form aforesaid above plead and  the matter in the same contain be not sufficient in law to preclude he the say  William from have his say action thereof against the say Alexander to which  say plea he the say William have no necessity nor be he bind by the law of the  land in any manner to answer and this he be ready to verify wherefore for want  of a sufficient answer in this behalf he the say William pray judgement and  his damage by occasion of the nonperformance of the say first promise and  undertake to be adjudge to he c and for cause of demurrer in law in this  behalf accord to the form of the statute in that ease make and provide he the  say William show and to the court here demonstrate these cause follow that be  to say that the plea aforesaid amount only to the general issue and also be  double perplex uncertain and want form and also be no answer to the  declaration aforesaid and the say Alexander say that the plea aforesaid by he  the say Alexander as to the first promise and undertake in manner and form  aforesaid above plead and the matter in the same contain be good and  sufficient in law to bar he the say William from have his say action thereof  against he the say Alexander which say plea and the matter in the same contain  he the say Alexander be ready to verify and prove as the court c and because  the say William have not answer to that plea nor hitherto in any manner deny  it he the say Alexander as before pray judgement and that the say William may  be bar from have his say action thereof against he the say Alexander as to the  say first promise and undertake c bat because the court of the say lord the  king now here be not yet advice of their judgement to be give of and upon the  premise day thereupon be give to the party aforesaid before the lord the king  at Westminster until next after to hear their judgement of and concern the  premise for that the court of the say lord the king be not yet c and as well  to try the issue aforesaid between the party aforesaid above join by the  country to be try as to inquire what damage the say William Hussey have  sustain by occasion of the premise aforesaid whereupon the party aforesaid  have put themselves upon the judgement of the court if judgement thereupon  shall happen to modern be give for the say William against the say Alexander  Jacob let a jury thereupon come before the lord the king at Westminster at the  say day and who neither c to take cognizance c because as well c the same day  be give to the party aforesaid there c