ccxxxv lee and MADDOXES case covenant countermand request William lee bring a  writ of covenant against Richard Maddox Isabel his wife and declare that one  errington the first husband of the say Isabel be indebt to the plaintiff in  and that one Georgy Ashley be also indebt to the say errington in the like sum  of and also that the say errington make and constitute the say Isabel his  executrix and die and afterward the say Isabel by indenture dumb self sola to  be recite that whereas her say late husband be indebt Leonard er p to the  plaintiff in the sum aforesaid and whereas the say George Ashley be also  indebt unto her say late husband in the like sum now for the better  satisfaction of the plaintiff for his say debt she appoint and constitute the  plaintiff atturnatum suum irrevocable ad to strive for to lift up recuperand  recipient ad use suum proprium in nomin speech isabellae de speech Georgio the  say twenty pound and the say Isabel covenant quod self ad requis dict quer de  tempore in time animate manu to hold however all men sectan Leonard to cut how  well quas speech to express grief commensaret to follow in nomin speech  isabellae against the say George to the use of the plaintiff non existend  nonsuit voluntary or make any discontinuance release revocation England  countermand without the assent of the plaintiff and declare further that the  plaintiff have bring a suit against the say George for the say debt and show  all in certain and that the say Isabel depend the say suit have take to  husband the defendant without the assent of the plaintiff and if by this  marriage the say suit be countermand be the question and first it seem to the  court that the declaration be insufficient because there be not any request  surmise in the declaration for the word of the covenant be quod self ad  requisitionem c so as it seem to the justice that the plaintiff ought to have  notify to Isabel that he have commence such suit otherwise the action will not  lie and also the court be of opinion that here be not any countermand for by  the take of the husband the writ be not abate but only abateable and therefore  the plaintiff ought to have show that by the take of the husband the writ by  judgement be abate otherwise it be not any countermand and then no cause of  action roll mich Elizabeth in the common plead