Barnardiston burton and MALOON march the bill set forth that in mary Burton  become a widow and be seize at that time of a real estate of inheritance of  above pound per Ann that Richard Maloon at that time pay his address to her  and actual engage to marry her but that his father live in Ireland and under  pretence that he may the soon be reconcile to the match that Edmund his  brother persuade her to sell a estate and to lie out pound part of the money  in the purchase of a place in the Chirographers office for the benefit of  Richard for his life and that she accord do so that after this the father of  Richard come from Ireland to Scarborough and that Richard go to he under  assurance of endeavour to gain his consent but that Barnardiston er p he  return with his father to Ireland and there marry another lady and that he  never return to England again the bill charge that John the young brother be  in the same combination that he go to Ireland in and never return since and  that Edmund go in August last in order to settle there thereupon the present  bill be bring by mary Burton against Richard Edmund and John in order to have  a satisfaction for the injury that be do her Hacket who be her solicitor make  a affidavit that he very believe the three several defendant retire into  Ireland in order to avoid be serve with the process of this court and  thereupon he obtain a order at the roll upon a petition find upon the statute  of Geo that the bill may be take pro acknowledged admitted fact John only  appear to this bill Barnardiston on the last day of petition a application be  make to the court pray that this order may be set aside that application be  ground upon several affidavit set forth that the defendant do not retire into  Ireland for the sake of avoid the process of this court but mere for other  reason when that application be make the court think it be proper that the  defendant shall make affidavit in answer to the substance of the charge in the  bill in order to show that they do not go into Ireland to avoid the process of  the court at the same time they give liberty to the plaintiff to produce  affidavit in support of the charge in the bill but make it part of the order  that those affidavit shall be file within a week time this matter now come on  again and Edmund make a affidavit whereby he full deny the whole charge of the  bill with regard to himself John deny it likewise some little doubt remain as  to Richard denial however he express swear that he never make her the least  promise of marriage in order to contradict he in this fact the plaintiff offer  to produce letter writ by himself wherein such promise of marriage be express  contain and affidavit be produce to show that those letter be writ with his  own hand but those affidavit be not swear within the time mention in the last  order upon which it be object that they can not be read on the other hand it  be desire that the matter may stand far over in case the defendant shall not  admit the letter to be read and it be say that this court be not tie up to  form as the court of law be Barnardiston but Lord chancellor be of opinion  that as the plaintiff have neglect to verify by affidavit the fact of the  letter be Writ by Richard within the time mention in the former order that she  ought to be preclude from do it on this motion and this be the establish rule  of the court and with regard to the direction that the court ought to give in  the present case his lordship say that there be nothing of difficulty in it  except with regard to John who have enter his appearance it have be often hold  that appearance salve error in process and this be so determine by three judge  against one even in a appeal of murder in the case of Withrington and Charlton  and the question will be whether the court ought to set aside his appearance  or not and if the appearance have be only irregular his lordship say he shall  have be of opinion that the appearance of John will have salve the error in  the process but in the present case his lordship opinion be that the order  which be make at the roll be obtain by contrivance and male practice and it be  never determine that a appearance will salve a defect of that sort now with  regard to Hacket there have be such a contrivance and male practice proceed  from he in the present case for Hacket have swear that he be inform and  believe that the defendant withdraw themselves in order to avoid the process  of this court but have not swear by who he receive this information and be it  once allow that it shall be sufficient to make a affidavit in such a general  manner as be do in the present case the Act will be of the most dangerous  consequence that be possible it appear too that Hacket have swear this  affidavit without any real foundation the consequence Barnardiston of these  thing be that the appearance of John must be set aside and Hacket must be  commit with regard to all the defendant the order that have be obtain at the  roll must be set aside and so his lordship be please to decree accord  Barnardiston er p case determine at the seal before easter term