case knight against Rushworth Hilary term Elizabeth in the Commony plea a  promise to pay the bind of a three person in consideratin of the obligee go  before a magistrate and depose upon oath that it be right read over to the  obligor be sufficient to maintain a asumpsit ante cro James Mod side raym keb  assumpsit the case be that one mary Rushworth have enter into a bind of l to  the plaintiff and after give all her good to the defendant to pay her debt the  defendant croak Elizabeth pretend that this bind be read to the say mary  Rushworth as a obligation of l only and so void assume to the plaintiff that  if he and two witness will to lay before the mayor of Lincoln that the  obligation be read to mary Rushworth as a obligation of l that he will pay it  whereupon the plaintiff with two other come before the mayor of Lincoln and  there depose upon a book accord and hereupon bring this action whereto it be  demurrer Yelverton for the defendant move that this action lie not for there  be not any consideration beside this oath which be unlawful and therefore void  hear it be not material whether the consideratin be for the plaintiff benefit  for if it be any charge or trouble to the defendant it suffice as in Albany  case and he conceive the oath to be lawful enough he be before the mayor not  only by his authority but before he also as a witness and Henry and n b r be  that if a feme swear that she will not sue a who in vita the oath be not  unlawful and she may be sue pro lsione trust in this case in the Spititual  court but because the matter be mere temporal the temporal court will grant a  prohibition which allow that the oath be lawful Anderson the travail of come  before the mayor be a very good consideration and true the oath be not illegal  be take before he and the smallness of a consideration be not material if  there be any and the case cite of Henry prove that the oath be not illegal for  the spiritual court ought not to meddle therewith be temporal but if a woman  swear to marry such a one and she be sue in court Christian pro lsione trust  the suit be lawful and no prohibitin lie in that case and if one take a oath  before arbitrator in the country voluntary which have no authority to take a  oath it have be punish in the starchamber be false for its falsity Walmsley  accord for oath be in two manner videlicet by compusion as before judge who  have authority to take a oath or voluntary by consent of the party which be  also lawful as Edward the condition of a obligation be to prove such a thing  before I S it be not to be doubt but that there it may well be by oath before  I S and the oath be take croak Elizabeth er p voluntary and without compulsion  be lawful enough and whereas it be object that the word be to lay before the  mayor be a word incertain for to lay be to lie down but it be hold certain  enough for to depose or lie down be in truth synonimas et tantamount Heaumond  and Owen doubt herein at first but afterward they agree with their companion  that the consideration be sufficient and lawful wherefore it be adjudgedfor  the plaintiff