abatement of debt cheston bring a assumpsit against d king and declare that  where I S be indebt to he in the defendant in consideration that the plaintiff  will abate parcel of the say debt and also will give day to the say I S until  Michaelmas then next follow for payment of the say residue that the next day  after she the say defendant will become bind to the now party for the payment  of the say at the say Feast of saint Michael and the plaintiff in facto say  that he have abate parcel of the say and yet the defendant do not become bind  for the payment of the say residue per quod action accredit the defendant  plead in bar that after the say day give and before Michaelmas sure tali die  the plaintiff enter a plaint in London for the debt aforesaid of and then  cause the say S to be arrest and demand judgement si action Tanfield the  declaration Gouldsborough er p be sufficient for you have declare that you  have abate part of the debt but you have not show how that be defaulted and  therefore not good for we may take issue upon that if we will and if a man be  bind in a obligation to discharge I of certain rend it be no plea for he to  say that he bath I discharge without show how for that that I may take issue  upon that also to the second matter the plaintiff ought not only to give day  of payment but also to forbear to molest I S until the day be come cook to  Gouldsborough report the contrary and as to the first point it seem that the  discharge ought to be upon the enter into bind for if a man make a contract  for and after enter into bind for parcel of that all the contract be go as  appear per h and as to the second point I think the promise be break by the  defendant for that be do not enter into bind the next day after the assumption  make gawdy I doubt whether the declaration be good or not for it seem to I  that the plaintiff ought to hue how be have defaulked the part of the l for it  may not be intend a defaulking in law but of a defaulking indeed and for that  it be not like the case cite in h but the plaintiff ought to do a act himself  and Elizabeth a man be bind to allow ratify and confirm a term for year and it  be not lea t save at he have that confirm but he ought to show how recourse  every confirmation must be by deed but if the declaration be good then  perchance the bar will not be good and howbeit that Mr attorney have say that  there be a breach for not enter into bind yet the plaintiff may not sue if he  have not perform his promise Fenner it will be hard to make the declaration  good for when one promise to defaulk his debt this shall be intend a lawful  discharge which can be otherwise than by write and per e account if of man be  bind to acknowledge a statute and be do acknowledge the same but yet keep the  same in his own hand this be no performance and as to the second point when  one promise in consideration of one thin to do a another there ought to be  performance of the first as if a man be bind to make a new pale as Edward  pound Edward be have the old pale for his labour there if the old pale be take  from he be be not bind to make the I new pale Popham I be of the same opinion