BEAYNE against beal trial when to be as the party agree and when as the law  direct viner ab Bac ab debt on a bill Obligatory whereby the defendant oblige  himself to the plaintiff in to be pay to he if he the defendant do not deliver  to the plaintiff a piece of plate which the plaintiff be treasurer at a  horserace have deliver to the defendant on a supposal that the defendant horse  call cripple bad win it if within three month after the date of the bill it  appear before the Lord Brudenel and other in the bill name that cripple be not  the proper horse of the defendant for one month before the race or that the  say horse have run any race before and the plaintiff aver that within three  month after the date of the bill it sufficient appear before the Lord Brudenel  c by three credible witness videlicet a b and c examine by the Lord Brudenel c  that the say horse call cripple be not the proper horse of the defendant and  so have the Lord Brudenel c declare and as far as they can have order the  defendant to deliver the plate to the plaintiff which he have refuse to do  whereby a action accrue for the the defendant plead that the horse call levinz  cripple be his proper horse at the time of and a month before the race the  plaintiff reply protestand that it be not the proper horse of the defendant  for plea say that within three month after the date of the bill it sufficient  appear before the Lord Bruderiel c that cripple be not the proper horse of the  defendant and this they have declare as aforesaid hoc c the defendant rejoin  that cripple be his proper horse and that it do not sufficient appear c within  the three month c that the say horse be not the proper levinz er p horse of  the defendant et de hoc to put down see super palriam whereupon the plaintiff  demurrer special for that the rejoinder be a departure from the bar and now  upon argument it be resolve by all the judge that the plea in bar be  insufficient and do not answer the declaration for when the party have  particular agree in what manner it shall be make to appear and before what  person the matter shall be so determine and not by trial on a action or  otherwise as it shall have be if the condition have be general I e to make it  appear the rejoinder be a departure from the bar and if the last part of the  rejoinder by the omission of the word before the Loi Brudenel c this have not  be sufficient for the appear general be not the point in question but the  appear before the Lord Brudenel c and that be exclusive of other appearings  wherefore judgement be give for the plaintiff