case BOISLOE against baily the defendant may plead the award of a collateral  thing in satisfaction without aver that the award be perform SC salk SC holt  trespass for assault battery and wound the defendant as to the way et arms  plead not guilty and as to the residue of the trespass plead a submission to a  award of all controversy and set forth a award make videlicet that the  defendant shall provide two fowl at his mansionhouse in OldBedlam in London to  be eat by the plaintiff and his friend on Wednesday or Thursday in such a week  in satisfaction of the say trespass and aver that on Thursday in the say week  be do provide two fowl at his mansionhouse aforesaid c but that the plaintiff  nor his friend do not come to this it be reply that Wednesday be the day  appoint for the fowl and a traverse that it be Wednesday or Thursday to this  there be a rejoinder and demurrer it be urge that the bare award in this case  be not a good bar without a execution of it because it be of a collateral  thing of which the plaintiff can not have a action and for this be quote Keilw  for a accord without a satisfactory consideration can be good and if we have  no remedy for what be award it be in the power of the defendant whether he  will satisfy we or riot a accord and tender and refusal be not a good bar see  the yearbooks Edward e Edward pl   a and the reason be because a action will  not lie upon the accord for the plaintiffSee the yearbook Edward pl roll Abr  style b to the first exception it be answer by hall sergeant that indeed the  old book do bold that a award of a collateral matter in satisfaction of damage  be not a good plea in bar without allege performance because as be then hold  no remedy lie upon the award but that reason fall for though it be true that  no remedy lie upon the award itself for it yet a assumpsit lie upon the  submission which be a promise of performance and to that opinion holt chief  justice do very strong incline for he say it have be often hold of late day  that the submission mutual be a actual mutual promise of performance see ld  ray ld ray kid on award c and if this have be upon a bind award a collateral  matter it modern er p have be a good award because the party have remedy upon  the bind of submission and if there be remedy for the thing award it need not  be aver execute a second exception be that the trespass declare on be quare  way ei arms c and there be no consideration or submission of the way et arms  and so this award can not be a bar to the declaration hall sergeant contra as  to the not submit the way et arms it concern the queen and can be submit by  the party a three exception that it be at the election of the defendant to  provide the fowl on Wednesday or Thursday he ought to give the plaintiff  notice on which of the day he will provide they and the time of the day on  which he will have they ready for otherwise if the plaintiff come on Wednesday  to his house with his friend the defendant may say he shall not provide the  fowl until next day and if the plaintiff do not come on Wednesday the  defendant may say he provide they the day before hall sergeant answer that the  give of notice be not necessary for the defendant by the award have the  advantage of a election give he a four exception be that in this case it be  not enough to say that he have provide the fowl but that he shall have tender  they for the word of the award be provide and give c hall sergeant this  objection videlicet the want of plead a tender fall to the ground if the  answer to the first objection be good a five exception modern be that there be  no venue lie where the fowl be provide it be only lie to be at the defendant  house in old bedlam in London and in London the venue ought to be lie in the  ware which be like a hundred or in a parish at least which be in the nature of  a will in another county hall sergeant as to this objection answer that the  not lie a venue be help by verdict to which holt chief justice say that the  want of a venue be only Curable by such plea as admit the fact for the which  it be necessary to lie a venue as if debt be upon a bind and no venue lie  where the bind be make on demurrer to it it will be ill but if the defendant  plead a release whereby the bind be admit that help the declaration but in  this case by reason of the frivolousness of the action the court give no  judgement but wish they to compromise the matter