coke b HIGGINBOTTOMS case pasch Elizabeth in the king bench covenant to make  further assurance as by counsel of the covenantee on request make shall be  advice the counsellor shall give his counsel to the covenantee and the  covenantee must give notice thereof to the covenantor SC cro Elizabeth more  John Stafford Esq bring a action on the case which begin in the king bench  hill Elizabeth rot Gloucester against Ralph Higginbottom parson of  LittletonuponSevern because the defendant upon good consideration mention in  the declaration do promise that he will make a good and lawful estate and  assurance in law of the rectory of Littleton aforesaid to the plaintiff  discharge of all former bargain sale c make by the defendant during the joint  life of the plaintiff and defendant as by counsel learned of the plaintiff on  request make shall be advice and allege that one Maurice tovey be of the  plaintiff learned counsel and give his advice to the plaintiff that the  defendant shall make coke a a lease by indenture to the plaintiff of the say  rectory with the appurtenance to have to he during their joint life c and the  plaintiff give notice to the defendant of the say advice and request he to  perform it which the defendant do deny to do c the defendant plead non  assumpsit and it be find for the plaintiff and it be move in arrest of  judgement that this advice of the plaintiff counsel ought to be give immediate  by the counsellor himself to the defendant and not to the plaintiff and he to  give notice as above and the defendant counsel do rely strong on the book of h  for there it be hold by all the justice that the counsel ought to be give to  he who ought to make the estate and not to he with who he be of counsel and  they insist much on the word of the book but on consideration of the book and  on the residue of the say case afterward in the same year fol b it appear  plain and so it be resolve that the intent of the judge be not that the  counsel can not be give or signify to the party who shall make the estate but  only to the covenantor because it be matter whereof by intendment he who shall  make the estate without notice give can not have knowledge and it be resolve  that it will be more proper that the counsellor shall give his counsel to he  with who he be of counsel and he to give notice thereof to he who shall make  the estate and although he have two or three of his counsel yet none of they  may give advice to he who be to make the estate without request for  peradventure he will not use their advice in such case and it be reason that  the counsel be give to the party with who he be of counsel for peradventure he  may mislike it and will not have it notify it be less mischievous for if the  party himself notify other advice to he who shall make the estate than the  counsellor give if the covenantor know it he may refuse if he do not know it  and the counsel notify it accord to his covenant or agreement if he perform it  he be excuse and if it be not accord to his covenant or agreement he may  refuse it coke report b er p and so no mischief to the party but if the  counsellor shall give advice to he who shall make the estate he may be  ignorant whether he be his counsel or not and afterward judgement be give for  the plaintiff for the cause before allege vide e h a pound h b the proper and  regular course be to have a case state and the opinion of counsel write at the  foot of it and to produce the case and opinion to the party Vid Com dig Cond h  hear v Wadham I east a