case askew against Hollingworth a statute merchant differ from a statute  staple in have the seal of the conusor as well as that of the king the conusee  may therefore waive the execution by statute and sue the conusor as upon a  obligation at commonlaw more gold pl side sand Com dig Com dig Bac Abr Peer  will the case be now move again a to he such h askew W askew and John a ante  post croak Elizabeth er p fitzwilliam be bind to Hollingworth in by such word  to bind up our ad loosing proedictam si defecerim de solution prcedicU tune to  run super our who our men penalty to cause to stand stapul c Hollingworth  thereupon bring debt against h askew only who demand oyer thereof and it be  enter in hce word c the defendant plead that it be intend to he only a statute  and because it be not seal in such manner as it ought to he with a seal of two  part it be a void statute whereupon he demand judgement whether he shall sue  it as a obligation it be thereupon demurrer and adjudge against the defendant  in the common plea and error thereof bring and two error only assign first  that it be void as a statute it be not any obligation and so a action of debt  ies not upon it second if it he a obligation it be joint enter by three and  therefore he can sue the one without the other Godfrey contra for the first  error although it he void as a statute yet it be a good obligation for there  he word therein obligator and every statute be deliver to the party as Edward  account S and a indictment which find a thing as felony which be not so be  void for the felony but be a good indictment for the trespass as Henry and  Edward be vide ante second although three he name in the deed vet it appear  not that they all ensealed it therefore the action bring against one of they  be well enough and so be Henry pl gawdy it be good as a obligation because it  never be any statute as to the second error he pound the judgement to he  erroneous for that cause for the word of the obligation be joint and be a  joint bind the one shall not he sue without the other and although the party  admit thereof yet the obligation be enter upon record so as it appear unto we  that the action be misconceive we ought to abate it and so be Elizabeth dyer  Fenner it can be a obligation for a deed ought to be accord to the intent of  the party and here it be never intend by the party to have it deliver as a  obligation but be acknowledge as a statute and that appear by the mayor seal  put thereto and the word therein and here be not any allegation of the  delivery thereof and although in debt upon a bind the deli ery hereof need not  he precise allege for it shall he intend vet be here allege to he acknowledge  as a statute which needs not any delivery there ought to be a express delivery  allege thereof in debt bring thereupon as upon a obligation if it he to he  take as a obligation otherwise it never shall he so intend and to the second  error he conceive it to he a error apparent for the reason before allege  Popham debt lie upon a statute as upon a record or as upon a obligation  although it never be deliver for it be upon croak Elizabeth record that it be  deliver and the party be estopped to say the contrary but here it be a void  statute so it be you not any record to estop he and therefore it be good if it  have not any delivery but the defendant may well have plead nient son fait and  give this matter in evidence but he hatl implicit admit thereof by his bar  that it be a delivery and therefore he have now pass it as to the second error  it appear not whether the other two do seal it or not nor whether they he now  live or not otherwise the action be well maintainable against the one only  which ought to be show on the other part and prima fancy it may be good  against the one Clench absent adjournatur afterward in Hilary term Elizabeth t  be move again and resolve notwithstanding these exception that the judgement  shall he affirm