case Whaley versus Norton Al Cited in hill v Spencer Amb refer to Ayerst v  Jenkins l r Eq novembris in court master of the roll Eq can ab pl bill to be  relieve against a bind to pay pound to a woman who the plaintiff keep as a  mistress relief deny the bill be to be relieve against a bind and judgement  defeazanced for the payment of pound to the defendant and the bill charge that  whereas the security recite pound to have be lend and pay by the defendant to  the plaintiff that in truth the money be never real lend or pay the defendant  by answer confess that the pound be not lend or pay by her and that it be  never mean or intend so to be and that it be the mistake of the scrivener in  make the security after that manner for that the pound thereby intend to be  secure be the free gift of the plaintiff unto the defendant the truth of the  case be that the defendant be for some time keep by the plaintiff and this  pound be give her upon that account but of that no notice be take in the bill  and the counsel for the defendant insist that it be a free gift no equity can  relieve against it and cite the case of Bourman and Uphill which be this very  case in point and the equity lie in the bill the same to wit that it purport  to be a security for money lend whereas no money be real lend or pay and the  court will not relieve in that case though the gift be upon the like account  and the case of peacock and Mainklin be also cite the master of the roll say  that there will be a difference in these case between a contract execute and  executory and that this court will extend relief as to thing Vernon chancery  case executory which if do it may be may stand but as this case be he see no  ground to relieve the plaintiff nothing appear to he but it be a free and  voluntary gift without any thing of turpis shrinking so where a bind give by a  to his housekeeper for secret service bainham v man post vol but such a bind  shall be postpone to simple contract debt but pay before legacy Jones v powell  case Eq can ab Cray v rook can tempt Talbot so any voluntary bind though good  against executor shall be postpone to simple contract debt Lechmere v earl of  Carlisle p wms et vide marchioness of Annandale v Harris p wms et vide as to a  bill file in such a case by a executor Matthew v Hanbury post vol see further  as to bind of this nature Franco v Bolton Ves grey v Mathias Ves Gilham v lock  Ves hunt v Mansell dow matthews v Le mad Binnington v Wallis b a Knee v more S  S S S b c nom nigh v Moseley and in case it have be so yet we know that Adam  be punish though tempt by eve because he will be tempt but if it have be  charge in the bill so it be sufficient to put in issue a general charge of  lewdness under which particular evidence may be give clarke v periam atk  Robinson v Cox after Trin term there cite Wheeler v trotter swan n that the  defendant be a common strumpet and she common deal and practice after that  sort and use to draw in young gentleman in such case he think it reasonable  the court shall relieve and the plaintiff have in this cause prove as much but  the defendant counsel oppose the read to that matter by reason it be not  charge in the bill nor in issue in the cause so they pray liberty to amend  their bill and to charge that special matter pay the cost of that day and of  the deposition take in the cause and it seem to be a pretty general rule that  a party can examine to any thing which be not put in issue in the cause Sidney  v Sidney p wms clarke v Turton Ves black v Marnell ba be vide yet the case of  Hodgson v Thornton adjudge hill where the defendant on present the plaintiff  to a live take a bind from he to resign and afterward put it in suit and  recover and levy pound and the plaintiff bill be for relief the defendant do  not by answer pretend any misbehaviour in the plaintiff yet examine to several  instance of misbehaviour and then it be urge that these deposition can not be  read because the subject matter of they be not in issue and the Lord keeper be  at first of that opinion but afterward allow they to be read and find his  decree on they Eq can ab pl Vernon chancery case er p