berry plaintiff against very defendant enter mich James b r rot Ro cro James  more Ro Abr debt upon a award in a action of debt for the nonperformance of a  award the case appear to be this the defendant be bind in a bind of l to stand  to the arbitrament of four man of all action c ita quod the say arbitrament be  so make and deliver in write under the hand and seal of these four or of any  three of they three of these arbitrator make the award between the party and  deliver the same under their hand and seal of these three a action of debt  Bulstrode bring upon this bind for not performance of the award make to this  the defendant plead in bar that the arbitrator make no ware and so no breach  the plaintiff reply and show the submission as before and also show that three  of the arbitrator do make a award and do deliver the same under their hand and  seal the which the defendant have not perform unde action acrevit to this  replication the defendant demurrer in law so that the only point insist upon  be whether this award here so make by three of the arbitrator and deliver  under their hand and seal be a award well pursue the submission or not the  court upon the first move of this be of opinion that this award be to be make  by four but the same may be give up by any three of they coke chief justice  three of they may subscribe but not make this award clear four be to make the  award or else the same be not good dodderidge justice first the submission be  to four and refer to their power to arbitrate so as the same award of the say  arbitrator be make by four or by any three of they give under their hand and  seal the whole court at this time upon the first move of this seem to be  strong of opinion that this award upon this submission ought to be make by all  four of the arbitrator but the same may be well signify by three of they  otherwise there shall be a apparent repugnancy coke all the matter rest upon  this part make we will see the book and be better advice dodderidge make ought  to be refer to the four and the signify of this award to these four or to any  three of they and so without say any more at this time curian advisare vult  afterward S termin mich James b r this case be move again and urge for the  plaintiff that this award be good and that by the word four or three may make  the award coke four be to make the award ita quod the say award this be to be  the say award make by four accord to the submission Haughton justice by any  four or three of they to be make indent and deliver under their hand and seal  whether this refer to four or three ita quod the say arbitrament c here it may  be in such a case well distribute to four or to three but not so in this  principal case where the reference be unto four and this way the whole court  seem to incline coke all the point and difficulty rest here upon this word  make this shall be by four and to be deliver under the hand and seal of four  or three dodderidge four to make this award and three to put their hand to it  and so by this sense all the word stand well together coke there be here a  clear repugnancy in these word dodderidge but this repugnancy with this  construction shall be make good coke yet there be a repugnancy here it be  clear that four ought to make the award yet his meaning peradventure be that  three may make the award as well as four but we be not now to judge upon his  meaning so as the same award be Bulstrode er p make by four and put in write  by three the one may be a ploughman or may have other business so that he can  stay the write of it where it be leave general to be do the common people call  the make of it the write of the same so four may and ought to make it but  three may write and subscribe it the submission here be to four ita quod the  say award c this to be of the four naturan non compose narrow passage nec ars  compose narrow passage ita quod the say award and judgement and this to be by  four George croak for the plaintiff inform the court of a direct precedent  adjudge contrary to this they seem to hold which be termin pasch James b r  Bulstrode rot between Girling and sallow in debt upon a award the submission  be to four ita quod the say arbitrator or any three or two of they de make  their award of the premise in write under their hand and seal three of they  make the award and this award adjudge to be well make but a writ of error be  bring and the judgement reverse because it be not show that this award so by  they make be under their hand and it be urge that arbitrimentum be arbitration  good man and therefore the same be to have a favourable sense and construction  to be make of it coke I will be advice of this precedent cite to be adjudge in  point and I will see and peruse the same and so for this time it be adjourn  over with a curian beyond advisare vult afterward S termin pasch James b r  this matter be move again and long argue S by Sidnam for the defendant against  the award and by Whitlock for the plaintiff that the award be well make be by  three of the arbitrator and the same well pursue the submission the authority  here give to the arbitrator be potestas alternative the same be to four or to  three of they and in the nature of a commission be potestas refer to e fol b  touch arbitrator a good case show of what thing they be to arbitrate and where  it be say that a arbitrator be a private judge make by the party and as touch  power they be of three sort S l first ordinary power create by the law  delegate power by commission and three arbitrary power by the party Elizabeth  dyer fol it be there say that incident S l the matter of the controversy the  submission to the arbitrator the party to the submission the arbitrator  themselves and the make of their award or every award consist of two part S l  the matter of the award and the manner or form of the award so as the say  award this have reference to the matter but not to the manner of the award and  a arbitrament ought always to have a benign and a favourable construction the  same be accord to its definition judgment good man secundum level ground good  and therefore to be construe favourable and here it be so as the same award by  they or by any three of they be make and give up this power of make be  material and this by these word be give to they four or to any three of they  and that by the force of this ita quod which be conditional public speaking  coactivam coactar precedentium denotar manner coke chief justice if repugnancy  be here as in the case of interest this be to be look into and to be weigh I  will look upon the precedent cite dodderidge justice without all question the  meaning of the party here be that this award may be make by they four to who  the submission be or to any three of they it be one thing to make a award and  another thing to make this in write and to deliver this up Haughton justice  the precedent show expound the authority the court seem now to be clear of  opinion that the meaning here be of the party that these four or any three of  they may make the award Bulstrode er p coke I de as yet somewhat doubt of this  case because here be but a authority Bulstrode and no interest and no such  repugnancy shall be material in case of authority as in case of interest to  make a thing void and so this case be again adjourn for the court to be better  advice herein afterward at another time this case be move again and argue by  all the four judge l Haughton justice recite the case as before in this case  judgement ought to be give for the plaintiff the point here only be this  whether by this submission three have power to they give as well as four to  make the award this power they have and this award thus make by three of the  arbitrator be a good award and to prove this it rest upon the construction of  the bind the first part of the condition be for the performance of the award  of four if he have stay there and say no more then they all four be to have  make the award but he proceed further with a ita quod the say award by they or  by any three of they be make and if this ita quod shall give any construction  to the premise be the sole question now to be discuss and as to this the ita  quod here have enlarge their authority give unto they by the first word and  also this ita quod have here explain three thing S first who ought to be the  arbitrator second in what manner their arbitrament be to be make three the  time before which the award ought to be make and all this stand well together  and may well be make parcel of the first part of the condition and may also  well explain this show thereby what shall precede and this be the nature of a  ita quod which may either restrain or enlarge the premise and this sense do  well accord with the rule of the law for that ex precedentibus consequence  optima fit erection here in this case he be not bind to perform the  arbitrament of four but with a ita quod that this be make by they four or by  any three of they of the say arbitrator or any three of they the same  arbitrament of four or any three of they these be the word of the condition  and if this award be make by three yet by these word it shall be the same  arbitrament and so this be a good explanation of the former word and that this  shall be so may be prove by many case Assisar plea land be give to b and to  his heir for ever if he have heir of his body and if he have none this to  revert again to the first donor here the ita quod do restrain the premise so  this larticle si sometime do express sometime it do expound abridge and  explain h fol land give to baron and feme heir the dawn other heir of the  husband si speech heir of the baron and feme shall die without issue this as  in our case there speech heir take for heir of the body the same construction  as here so here in this case these word make for the plaintiff here it be name  the say arbitrament notwithstanding it be make by three and so this exposition  make all the word to stand well together and to agree with the rule of law r  fol by Hussey Fairfax and Catesby justice in the exchequer Chamber if three  and another man submit themselves to the award of one of all debt and demand  between they who have power by this to make a award of all matter which the  three have against the four joint or of every matter which every of the three  have against the other if he award that one of the three shall give something  to the four person and that the other two shall be quit and where he find that  the four person owe to one of the three S the which he award to be pay unto he  and that he owe nothing to the other two and do therefore award that he shall  be quit against they this be a good award and this be a good case if a award  be make for any of the three it be sufficient for here this be in case of a  arbitrament the which be by intendment of law to make peace Bulstrode and to  put a perfect end to matter of controversy in question and therefore in  maintenance of such award a reasonable construction be to be make of they and  so it be in the case of r fol and to make this more evident it appear coke  pars fol in Hungates case that a arbitrament be to be take accord to the true  meaning of the party notwithstanding the word of this de enforce it other  Bulstrode er p wise and so it shall be here in this case where the award make  by three be a good award pursue the submission and so ought to have be perform  by the defendant for not performance of which award the plaintiff here have  just cause of action and so judgement ought to be give for he dodderidge  justice agree herein that judgement ought to be give for the plaintiff by the  condition of the bind he be to stand to the award of four ita quod the same  award of the say arbitrator or any three of they be make and give in write  before such a day these word at first de seem to have a show of contradiction  in they and to carry this exposition so as the same to be make by four and not  to be make by three but the difficulty be not great if you will consider the  context of these word no speech be of a arbitrament to be make until they come  to these word S by four or by three as touch arbitriments these ground be to  be observe if there be any contradiction in the word thereof so that the one  part can stand with the other the first part shall stand and the other be  reject but if the latter be but a explanation of the former there both part  shall stand in h fol it be there say that arbitrator be judge here they have  only a authority and therefore the same ought to have a favourable exposition  good be judge light to take apart Bracton and this which be the cause of  justice be not to be make the cause of injustice so here in this case this  which be the cause of peace be not to be make the cause of suit and contention  Arbitrimentum be good man arbitration as to the word here they be to have such  a exposition which may lawful stand with the act do by they and with the word  also in Plowdens commentary in Throgmorton and Tracyes case the intent of the  party be to be take if there be no absurdity therein so here in this case as  to the word here in this case ita always quod first four be elect the  obligation to stand to heir award afterward there come a modification S ita  quod the same award what award be this not of all four but so as the same  thing comprimitted unto they the same award have reference here to the thing  to they submit not to the person to which the submission be this come in  afterward where he speak of that which be to be do and this to be by four or  three of they and so the sense of these word be S so as the same award of the  thing comprimitted be make by four or by three of they the same award of the  say arbitrator concern the premise be make if it be demand by who this to be  the answer be by they four or by any three of they and so by such construction  these word be plain expound and if you will ill the part of this together it  will then be manifest that by these word here three have as good power to make  this award as four have and this ita quod do modify their power first to they  give and here by this he do explain himself in what manner he will be bind and  this be evident by this construction that the same award do not include the  person but the thing submit a award be call arbitration good to live and the  same be not to be take strict but large in the point of submission accord to  the intent of the party submit and accord to the power give unto they and this  appear to be so by r fol before remember and by h and e fol Bulstrode h fol  the submission be of a matter between he and another singular by this they may  make a award for matter between he and another which he have in the right of  his wife and so by this the same shall be take large and this after the award  make the reason of this be because a award be to make a end of difference and  contention and to settle peace between the party and for this cause we ought  not to uphold such award make if by any mean we can by the rule of law e fol  two submit themselves to the award of another who do award that the one shall  deliver up the other the testament of his testator in a action of debt bring  the defendant plead that he have deliver unto he litter Bulstrode er p forger  of wills and there adjudge that by this he have well perform the award for in  effect all be one h a award be make for one to feoff I S who come unto he and  require he to feoff I n and he to the use of he and his heir the which he do  accord by this he have perform the award have pursue his intent but not the  word and yet this be a good performance so that in case of award and the  performance of they the intent be to be observe and so it be here in this case  and no contradiction so that this award here make by three be a good award and  the same ought to have be perform which be not do the plaintiff have good  cause of action the replication here be good no cause of demurrer and so  judgement ought to be give for the plaintiff croak justice in this case  judgement be to be give for the plaintiff animus man be anima scribe I will in  this case follow the intent and see whether the same be against the word or  repugnant to they or whether the word will bear a double construction and then  ex precedentibus consequence optima exhibition we be not to make such a  exposition as that one part shall overthrow the other I will not in this case  distinguish between authority and interest the one to survive the other not  ninian fineness of texture ninian curiosity in jure to disapprove who to hang  in litter to hang in made from bark case may be instance to prove that grant  be to be take accord to the intent of the party here the award be to be make  by they or by any three of they in this and in all other such case who bene  interrogate bene to cause to know ita quod the same award Elizabeth dyer this  be to be refer ad remember the same award of the same thing be make by the say  arbitrator or by any three of they and so take the word in such a manner here  and there be no contradiction at all also such award be always to be take in  mild sensum ut res to greater extent to be strong how to pass away in this  case here be a good award make and be not perform the plaintiff have good  cause of action and so judgement ought here to be give for the plaintiff coke  chief justice the word here be so as the same award c the question be whether  this be joint or several and whether there be any repugnancy in these word or  not prima fancy there seem to be here some kind of contrariety in these word  but yet upon a more strict and perfect view there be none and in this it be  like unto a optic glass this arbitrament here be good well make and pursue the  submission in this case I agree in omnibus with the rest that have argue and  that for these reason l because it be the office of every interpreter in all  case as well divine as humane to find the true intent and meaning of the party  if by any way this may be and when this be once find out then he ought so to  marshal the business that he swerve not from the rule of law and here the  intent be very apparent that four or three be to make this award so that this  intent be plain and perspicuous the bishop of Norwiches case here be this he  make a lease of all the demesne of his manor to one Derrick in e and further  of Norhelmes grant unto he the keep of the park what be the office of a judge  here to gather the intent Bulstrode of the party it be adjudge here in this  case that the park the son thereof do not pass but the custody of the park  only there the first word de carry all his demesne and the son of the park  also but the subsequent word de limit in what manner he intend this to be and  de also qualify his grant so here in this case the submission be to four  arbitrator ita quod this explain his meaning to this purpose be the case hill  Elizabeth in de c b rot between carter and Ringstead the case of Odiham  remember pars fol in doctor Bonhams case construction there of all the word  there be general word which pass all his land but the word subsequent do well  explain the former and so it shall be here in this case a second reason ground  upon the difference between a authority and a interest in case of a interest  it can hardly be sever or divide Bracton nothing tam agreed be physical  scientist justice how will domini willing remember svan in other transfer raft  to have here we be in case of a authority to this purpose there be a case  Trinit h rot Benlose sir Thomas Longford be seize of the manor of Langford do  grant unto one fulgeam and to another the next advowson habendum the dawn the  dawn uni jointly Bulstrode er p separately resolve that this grant be not good  because a interest can be divide and with this agree Elizabeth dyer fol plea a  three reason because we be here in case of a authority be in case of  arbitrament in which these thing be to be observe S l first the party submit  second the thing submitted and three the person to who and in all these a  favourable construction be to be have l the person submit as r fol t e fol  Harringtons case if three on the one side submit themselves to the award of c  if there be a joint interest this be to be respect and also the interest of  the person mich Elizabeth Beckwiths case e brook title covenant plea as they  be not to sever a interest so not to sever a covenant as there hold the person  to attend upon the interest on the covenantees side not to be sever and so in  case of arbitriments in the thing submit by the rule of law if they be joint S  of all action real and personal a award make of one only be good by the law h  fol be against this but it be so resolve pars fol in Basepoles case if a  submission be make of three several matter a award make of any one of they be  good and so be Elizabeth dyer fol the difference be if they submit three  several matter so as of all of they a award be make there the award be to be  make of all and if make but of one the same be not good but if these word be  want S so as of all c there the law will make thing joint to be several and  there if the award be make of any one of they this shall be good and to this  purpose be h fol h fol l Q Elizabeth dyer fol but in this case here it be not  so the reason why arbitriments ought to have so great favour be this when  after a submission between I and another and I have make he satisfaction  accord to the award if after this so do he will trouble I and urge I to plead  to he for this vexation there be a special writ in the register fol l call  breve de arbitration fanctam in which damage be to be recover for the vexation  and it be good that some one will bring this writ the reason why award be to  be favour because expedit republic ut sit Finis a strife Bulstrode in e the  day of a award be call the day of love and Herl there say here it be how good  how pleasant be to dwell brother in One and he there say that he remember he  be at one of those day here in this case all the part of the deed de take  effect at one and the same time by the delivery so as the same award by they  or any three of they be make all these word be to take effect together this  award here be to be make by four or by three nothing be here to be reject if  these word S the same have be omit no question have there then be in this case  but this monosyllable same I will not reject but expound it same this to be of  the matter submit to they S of the premise be make by they or by any three of  they Obj it have be object for what cause ought this to be so this award be to  be make by the say arbitrator resp in answer to this same be not here to be  take the same which idem numero but for idem nature and this be prove by e j f  e f Assisar plea and Littleton title rend f plea if one have a rentcharge and  purchase parcel of the land charge by which all the rend be extinct if the  other grant unto he that he and his heir shall distrain near To give back the  same adjudge that this shall be the like rend S To give back comparison and  with this agree e f l the same take for the same in substance viscerina  exhibition who to gnaw viper textus so as it alter the construction of law  here in this case the word which before be joint by this ita quod be now make  several as to the case which have be cite between Girling and swallow this  come not unto our case there the same have reference only to the person as to  the make of arbitriments this have always be ill rule the one to make  Bulstrode er p a release present to the other and the other to make a covenant  or a bill Obligatory for the payment of the money to be pay by he by the award  of the arbitrator as to the plead here the award be that John very be to pay l  if he have nothing award to be do to he the award then be not good also two  bind to another maii to stand to the award of of all difference suit and  action then depend they may be depend maii but not in April and a arbitrament  shall never be aid by a averment as appear by h fol and e fol a good case but  ill report also the plead of the award here be that all action and cause of  action shall cease this be good but it have be better to have say that he  shall go quit touch the action Obj it have be object that he ought to have  allege a breach of the award or no cause of action the award be to pay the  money at or before I such a day the other say that he do not pay it super c  resp yet this be good for if he do not pay it before the day he do not pay it  super diem so that the award here be good and the plead be also good and so  judgement ought to be give for the plaintiff and accord the rule of the court  be quod judgment to go into pro querent