anonymous pasch will by a profert hic in curian the deed be in court per holt  chief justice when a deed be plead with a profert hic in curian the very deed  itself be by intendment of law immediate in the possession of the court and  therefore when oyer be crave it be of the court and not of the party after  oyer be crave the deed be become parcel of the record and the court must judge  upon the whole the demand of oyer be a kind of plea and may be counterpleaded  when a deed be not in court no oyer can be grant therefore when oyer be pray  it be always intend that the deed be in court and the word ei to bring  together in htee word c be the act of the court in debt against a  administrator upon a bind of his intestate the defendant demand oyer of the  bind and condition ei to bring together the condition be for performance of  covenant in a indenture make between the plaintiff and the intestate then the  defendant pray oyer of the indenture mention in the condition though it be not  in court ei to bring together and then he plead and the plaintiff demurrer so  that the indenture be not in court it shall have be produce by the defendant  Salkeld er p under the hand and seal of the plaintiff and where it be make and  the substance thereof that if it shall be misrecited or a wrong deed set forth  the plaintiff may plead non be factum now in this case he can plead that plea  because the defendant have not allege that it be the Salkeld plaintiff deed  and for that reason he can crave oyer of it and get it true enter if it shall  be misrecited but adjudge that upon a general demurrer it shall be intend to  be the true indenture and that it be in court and that if the defendant have  endeavour to trick the plaintiff he may have complain to the court in debt  upon bind condition for performance of covenant in a indenture the defendant  crave oyer of the condition and plead that he have the indenture in court and  that there be no covenant therein to be perform et hoe c the plaintiff pray  oyer of the indenture which be enter in hc word and it appear that there be  several covenant therein to be perform he demurrer the defendant plea and  adjudge good for upon oyer of the indenture it be make part of the defendant  plea so that it appear judicial to the court that he do plead a false plea and  aver against the truth of what appear by the indenture therefore the plaintiff  needs not show any matter of fact in his replication to maintain his action  but it be more proper for he to demurrer adjudge that where a choose in action  be create by a deed the destruction of such deed be the destruction of the  duty itself as in case of a bind bill c but it be not so where a estate or  interest be create by a deed debt upon bind the defendant plead that he  deliver it as a escrow et hoe a preparation be verify and upon a demurrer to  this plea it be adjudge ill because he ought to show to who he deliver it and  then to conclude et such non be factum for this plea amount to a special non  be factum and the plaintiff can reply that he deliver it as his deed and  traverse that he deliver it as a escrow