child plaintiff against Horden defendant a action upon the case for a promise  in a action upon the case for a promise the case appear to be this there be  some differenje between the plaintiff and the defendant touch the quantity of  the rend to be pay by the defendant to the plaintiff the defendant say that if  I S will say and affirm that the rend reserve upon the lease be he do then  promise and assume for to double this to the plaintiff I S do affirm the rend  to be the plaintiff demand payment of double the sum accord to the promise  which the defendant refuse to pay upon this refusal the plaintiff bring his  action and upon non assumpsit plead a verdict be give for the plaintiff henden  move for the defendant in arrest of judgement that the declaration be not good  because that no notice be therein lie to be give of this unto the defendant it  be only lie in the declaration that I S affirmavi the rend reserve to be  without any notice at all express or imply give of this to the defendant as he  ought to have do and as be requisite to have be do here in this case because  there be no time certain set down like unto barrow case Elizabeth dyer fol  plea where money be to be pay or tender at a place for the alter of a use no  day be limit for the same notice ought to be give to the party to be there to  receive the same this to be so because no time be limit but indefinite here  that which be to be do Bulstrode touch the affirmation of the rend what the  same be be to be do by a stranger S by I S and this be also with a penalty to  double a rend if he affirm it to be and therefore notice ought to have be give  unto he of this James Teddy plaintiff against Benstead defendant where one do  assume to pay unto the plaintiff if be marry such a one he ought here to have  notice of this to he give before payment as in that case it be hold Yelverton  No notice be to be give in such a case of a payment of money upon a marriage  have as it have be here adjudge if I S marry such a one his kinswoman promise  to give he no notice be to be give of the marriage and so also it be if one  promise to give to one when he do marry no notice be to be give of this  otherwise if the payment be to be with a penalty there notice to be give here  he be only to double his rend cum ind require Haughton justice this here be a  imply notice there will be a difference where the thing be to be do private to  the plaintiff himself there notice be to be iven of it but if it be to be do  by a stranger there you which have undertake this at your peril you ought to  do it without any notice give to you of the same here the defendant be by the  plaintiff request to pay this money accord to his promise which to do be  refuse upon which refusal the plaintiff here have just cause of action against  the defendant without any notice to be give to he of what I S have affirm as  touch the rend the defendant have undertake to pay the same and he be as privy  to the act to be do by I S a stranger as the plaintiff himself be and  therefore no notice of this be to be give the difference be where the thing be  to be do private by the plaintiff himself as tender of money by he there  notice of this ought to be give otherwise where it be to be do by a strong  there the defendant at his peril ought to take notice of it croak justice if a  man be bind to I S to feoff he at such a day he ought to be then and there  ready upon the land to have the same make unto he otherwise it be if he be  bind to I S to feoff a stranger at such a day for here be have take it upon he  to have he there at that time dodderidge justice if a man be bind to pay such  a judgement as another have against I here he be bind to take notice of it be  in case of a bind and so be e f and e fol and h f a but the doubt here in this  case be be in the case of a promise to pay money upon a act to be do by a  stranger for that he may do this in secret of which the other can take any  notice Bulstrode er p but in this principal case the court be clear of opinion  that the declaration be good without any notice lie to be give to the  defendant of what I S have affirm as touch the rend that the same be and  therefore notwithstanding this exception take in arrest of judgement for want  of notice express in the declaration to be give by the rule of the court  unless better cause show judgement to be give for the Waintiff this case be  afterward move again coke chief justice every special case have this special  reason the exception be here well take accord to the record but without any  scruple at all the declaration notwithstanding any thing which have be object  to the contrary be good and sufficient without any notice therein lie to be  give by the plaintiff to the defendant of that which I S have affirm as touch  the rend and this do very much differ from Francis case pars f if a man be  bind to perform the order of I S no notice be to be give of this unless there  be a special provision for notice to be give but he at his peril be bind be to  take notice of this because he have undertake upon himself to perform it and  where such a undertaker be to do and perform a thing there he be to do and  perform the same accord to his undertake without any notice to he give thereof  so it be if one be bind to pay so much as he shall be find to be behind in  arrearage of rend no notice be here to be give he of this in Francis case  there great prejudice shall follow if no notice shall be give be in case of  inheritance and none shall lose his inheritance without notice oven of the  thing to be do by he if one do bargain and sell a manor the copyholder shall  not forfeit their copy hold without notice give to they but Bulstrode a  distress and a avowry may well be without any notice give here in this  principal case the same be in lieu of a arbitration and no notice be to be  give of this because he have undertake upon himself to do and perform this S  that if I S shall affi m the rend to be that then he will double this and he  do assume and promise to do this this he be b his promise and undertake to do  and perform without any notice to he give that I S have affirm the rend to be  Haughton justice agree herein that the declaration here be good without any  notice therein lie to be give unto the defendant that I S have affirm the rend  to be dodderidge justice in case of notice this difference be to be observe to  one who be ignorant of the thing to be do by he there notice be to be give to  he of the same but if a man undertake to do the thing there he also undertake  to do and perform all the circumstance incident to the do of the same and that  without any notice to he give of the same as if a man be bind to pay unto I S  when he arrive at London he ought then at his peril to pay this to he and that  without any notice to he give of his arrival there he ought here to take  notice of this himself because he have bind himself to pay it this appear by e  fol where one be bind to pay the be rage that I S shall be find in a account  before auditor assign he ought here to pay this without any notice to he give  thereof he be to take notice of this at his peril so it be where a man be bind  to pay and discharge such a judgement for where one do undertake upon he to do  and perform such a act there he ought to take notice of all matter necessary  thereunto and therefore for this cause in this principal case no notice be to  be give because he have undertake to do it so the declaration here be good  without express of any notice therein to be give by the plaintiff to the  defendant croak justice as touch the point of notice and where the same be to  be give and where not the difference will be where the thing to be do have  reference to a three person and where to the party himself who be to have  benefit by the not do thereof there notice be to be give unto he because he be  cooperarius coke chief justice the difference be where the act to be do be to  be do to a mere stranger who have no interest and where to the party himself  the book of h which be a lead case for the point of notice and e if a man be  bind to I S to feoff I d if he refuse the same the obligation be forfeit for  when he name one to who the feoff be to be make by this he have undertake for  he that he shall accept of the feoff otherwise if it be to feoff the party  himself to who he be bind and he refuse to take it it be a true rule word to  tie man in this principal case clear no notice ought to be give by the  plaintiff to the defendant but he be to take notice of what shall be affirm by  I S and he affirm the rend Bulstrode er p to be the defendant ought to double  the same accord to his promise and undertake and he refuse to pay this be  demand the plaintiff for this have good cause of action his declaration be  good without express of any notice to be give of this by the plaintiff to the  defendant and so by the rule of the court judgement be give and so enter  without ulteriori motion for the plaintiff