coke a William BANESS case hill James in b r rot be it remember that  heretofore that be to say in the term of saint Michael last pass before the  lord the king at Westminster come William bane by Thomas Ferrer his attorney  and bring here into court before the say lord the king then there his certain  bill against Edward pain and mary his wife in custody of the marshal c of a  plea of trespass upon the case and there be pledge of prosecute to wit John do  and Richard roe which bill follow in these word sacred scripture William bane  complain of Edward pain and mary his wife be in the custody of the marshal of  the Marshalsea of the lord the king before the king himself for that that be  to say that whereas one William Havert the late husband of the say mary in his  life time that be to say on the saint day of march in the that year of the  reign of the Lord James now king of England c at London that be to say in the  parish of the bless mary of the arch in the ware of Cheap London be indebt to  the say William bane in of lawful money of England for diverse sum of money to  he the say William Havert by the aforesaid William bane deliver to loan and  lend and the say William Havert be so indebt coke b afterward that be to say  the that day of April in the that year of the reign of the lord the now king  of England c in the parish and ware aforesaid lie sick at London earnest  require the say mary then his wife to pay the say William bane after the death  of the say William Havert the say and then and there the say William Havert  make his testament and last will and make and constitute the say mary  executrix of his say last will and then there die after who death the say mary  take upon her the burden of the execution of the testament aforesaid and  whereas the aforesaid mary after the death of the say William Havert by virtue  of the last will aforesaid be possess of the interest of a term for diverse  year then and yet to come of and in certain garden and a bowlingalley situate  and be in Moorfield that be to say in the parish of saint Leonard Shoreditch  in the county of Middlesex and the say mary when she be single after her say  husband death perceive that the aforesaid William bane intend to trouble and  sue her the say mary for the say because that she the say mary the say to the  say William bane after the death of the aforesaid William Havert her husband  decease have not pay she the say mary while she be single afterward that be to  say on the that day of June in the say that year of the reign of the lord the  now king aforesaid at London aforesaid in the parish and ware aforesaid in  consideration that the say William bane at the instance and special request of  the say mary shall not trouble or sue the say mary for the say but will  forbear the payment thereof until the next quarter that be to say until the  Feast of saint Michael the Archangel then next follow do assume on herself and  to the say William bane then and there faithful promise that she the say mary  the aforesaid to the say William bane then at that next quarter that be to say  at the Feast of saint Michael the Archangel then next follow the promise  aforesaid in the that year aforesaid well and true will pay and content or  otherwise the say mary then and there will assign and set over to the say  William bane for his security in that behalf for the payment of the aforesaid  all the interest of the term of year which she the say f Doct pl post a g Acc  Powell v Graham taunt S C b more dowse v Cox coke report a er p mary then have  to come of and in the garden coke a and bowlingalley aforesaid if the say mary  the say to the say William Ban S accord to her assumption and promise  aforesaid shall not pay and the say William bane in fact say that he the say  William bane give faith to the promise and undertake of the say mary do not  trouble or sue the say mary for the say but do forbear to demand the payment  thereof from the time of the promise aforesaid until the say next quarter  videlicet the Feast of saint Michael the Archangel next follow the promise  aforesaid in the that year aforesaid and the say William bane further say that  after the promise aforesaid in form aforesaid that be to say on the that day  of Noy in the that year aforesaid at London aforesaid in the parish and ware  aforesaid the say mary take to husband the aforesaid Edward pain yet the  aforesaid mary while she be single or the say Edward and mary after the  marriage between they solemnized the undertake and promise of the say mary  while she be single little regard but contrive and fraudulent intend the say W  bane of the aforesaid crafty and subtle to deceive and defraud the say the say  mary neither while she herself be single to the say W bane at the aforesaid  next quarter that be to say at the Feast of saint Michael the Archangel next  follow the promise aforesaid in the that year aforesaid accord to the promise  and undertake aforesaid in his behalf pay or any way for the same content or  otherwise then and there at that feast assign to the say wm bane all the  interest of the term of year which she the say mary then have to come of and  in the garden and bowlingalley aforesaid nor the say Edward and mary after the  marriage betwixt they celebrate at any time after hitherto the aforesaid to  the say William bane accord to the promise and undertake of the say mary  aforesaid have hitherto pay or any way for the same have content he or all the  interest aforesaid of the term of year of the say Edward and mary of and in  the garden and bowlingalley aforesaid accord to the promise and undertake of  the say mary to the say W bane for his security in that behalf hitherto have  assign although to do this the say mary while she be single and the say Edward  and mary after the marriage betwixt they celebrate that be to say on the last  day of September in the that year of the reign of the say lord the king of  England that now be at London aforesaid in the parish and ware aforesaid often  be require by the say William bane by which the say William bane all the gain  commodity and profit which he with the aforesaid in buy sell and lawful  bargain can have have or gain if the say mary her promise and undertake  aforesaid in form aforesaid have perform utter coke b lose whereupon the say  William bane say that he be injure and have damage to the value of and  therefore be bring suit c and now at this day that be to say Wednesday next  after eight day of saint Hilary in this same term until which day the say  Edward and mary have licence to the bill aforesaid to imparl and then to  answer c before the lord the king at Westminster come as well the aforesaid  William bane by his attorney aforesaid as the say Edward and mary by Isham  novel their attorney and the say Edward and mary defend the force and injury  when c and say that the say mary do not take upon her in manner and form as  the aforesaid William bane above against they have declare and of this they  put themselves upon the country and the aforesaid William bane likewise c  therefore a jury thereof be to come before the lord the king at Westminster  upon Monday next after day of saint Hilary and who neither c to recognize c  because as well c the same day be give to the party aforesaid here c afterward  the process be continue between the party aforesaid of the plea aforesaid by  juror thereof between they beingrespited before the lord the king at  Westminster until Tuesday next after eight day of the purification of the  bless mary then next follow unless the lord the king belove and faithful  Thomas Fleming Knt chief justice of the lord the king assign to bold plead in  the court of the say lord the king before the king himself first upon Monday  next after the aforesaid eight day of the purification of the bless mary at  the guildhall London by form of the statute c shall come for default of juror  c at which day before the lord the king at Westminster come the aforesaid  William bane by his attorney aforesaid and the aforesaid chief justice before  who c send here his coke report a er p record before he have in these word  afterward at the day and place within contain before the lord the king belove  and faithful Thomas Fleming Knt chief justice within write associate to  himself William price accord to the form of the statute come as well the  within name William bane as the within write Edward pain and mary his wife by  their atorneys within contain and the juror of the jury whereof within mention  be make likewise come and to speak the truth of the matter within contain be  elect try and swear say upon their oath that the within name mary take upon  herself in manner and form as the within write William bane within against  they have declare and they assess the damage of the say William by occasion of  not perform the promise and undertake within write beside the charge and cost  by he about his suit in this behalf expend to and for his charge and cost to S  and d therefore it be consider coke a that the aforesaid William bane do  recover against the say Edward pain and mary his wife the damage aforesaid in  form aforesaid assess as also S d for his charge and cost aforesaid to the say  William by the court of the say lord the king here with his assent of increase  adjudge which damage in the whole do amount to and the say Edward pain and  mary his wife in mercy c