coke a MERIEL TRESHAMS case pasch James in the common plea in debt against a  administratix she plead a debt due to the king by recognizance and several  other recognizance and that she have full administer and that she have c no  good and chattel of the intestate in her hand to be administer except to the  value of the say debt to the king and of the say recognizance and aver that  all the recognizance be yet in force and that she have no good and chattel of  the intestate in her hand to be administer except good and chattel which be  not sufficient to satisfy the say recognizance the plaintiff reply as to one  of the recognizance that it be make for security of a less sum and that such  sum have be pay and receive in full satisfaction and as to another that it be  make to secure the performance of certain covenant and that none of they be  break and as to the other that they have be pay by the intestate and that they  be keep in force by covin and with intent to defraud the plaintiff of their  debt and that the defendant have in her hand good and chattel c upon demurrer  judgement be give for the plaintiff and resolve the defendant plea be  repugnant in itself in first aver that she have good and chattel c to the  value of the say recognizance and afterward that she have good and chattel c  which be not sufficient to satisfy they a executor or administrator ought to  plead that he have not good and chattel except to the value of the say debt or  if he have not asset to satisfy the debt of record then that he have not good  and chattel c except to the value of a sum certain c but not except good and  chattel not exceed or which be not sufficient to satisfy the say debt the  general plead in the replication be sufficient without specify the day of  payment or that the lesser sum be pay before or upon the day of payment the  general allegation of fraud be sufficient without allege that the conusee  offer and be ready to release or acknowledge satisfaction if the plea in bar  be insufficient in matter and the writ and declaration good and the  replication superfluous without any matter which impugn or destroy the action  the plaintiff shall have judgement S C Brownl Vid the entry   Ent pl Helen  Brokesby and whether Vaux administrator of Henry Vaux Esq bring a action of  debt against Meriel Tresham administratrix of sir Thomas Tresham knight on a  bind of make by the say sir Thomas to the say Henry Vaux maii year Elizabeth  which plea begin Trin James rot the defendant a plead that the say sir Thomas  Tresham and Francis his son Julii year Reg Elizabeth before the baron of the  exchequer pro justoetvero debt is owed recognover see to withhold dict  recently Regin c solvendo in holiday consecrated mich archangel next follow  and that the say sir Thomas and Francis his son Julii year Reg James  acknowledge a recognizance in the nature of a statute before the Lord Anderson  chief justice of the bench to John Brudnel in to be pay at the Feast of saint  James next follow pro justice yes debt is owed and that the say sir Thomas and  Francis his son c December and royal power dict recently Regin Elizabeth  acknowledge another recognizance in the nature of a statute staple before the  say chief justice to John more alderman of London in l solvendo eiden johan  pro justice yes debt is owed solvendo in holiday time of birth dom tuncproxim  sequen and that the say sir Thomas September year Elizabeth ring before the  say chief justice acknowledge another recognizance in the nature of a statute  staple to whether Offeley in l pro justice yes debt is owed solvendo in  holiday natal dom neighbor sequen and another recognizance of the like nature  coke b December year Reg James to John Ireland in l pro justice yes debt is  owed a bridge coke report a er p solvendo in holiday time of birth dom tunc  neighbor sequen and plead that she have full administer quod self no one to  have good seu catalla queen to be eusdem Thom Tresham tempore death sum in  shades of dead nest administrant nec to have die impetrationis short catalog  primitive prd nec unquan postea prterquam good catalla ad valentian of the say  debt to the king and of every of the say recognizance and aver that all the  say recognizance remain yet in force quod no one alian sive more to have good  catalla queen fuer prd Thom Tresham tempore death sum in shades of dead nest  administrand prterquam good catalla queen nonsufficiunt ad satisfiaciend prd  separatia debt is owed the same dom king nunc Johan Bruadel jouan more Ann  Offley johan Ireland de the dawn debit say in addition to ac queen the same  debit obligate onerabilia to step out c and the defendant a aver that neither  the say sir Thomas in his lifetime nor the say administratrix after his death  have pay the say debt c the plaintiff reply and say that as to the say  recognizance of to the say John Brudnell that the say recognizance be make pro  freedom from care loosing l c and that the defendant after the death of the  say sir Thomas pay to the say John Brudnell the say of the principal debt in  full discharge of the say recognizance of which the say John Brudnel in full  discharge of the say recognizance of there then b receive and as to the say  acknowledge to the say I more that the say recognizance be make pro freedom  from care performationis quarundum c convention in a certain indenture  tripartite genen that December year diet recently Regin exparte Self though  observand performand custodiend which be all perform and none of they break  and as to the say recognizance of l to whether Offeley that the say sir Thomas  in his lifetime have pay the say to the say whether c and as to the say  acknowledge to John Ireland that the say sir Thomas have also pay they to the  say I Ireland c whoever it be separales recognitiones prd c such ut prfertur  separatin recognitae per fraud d covinam Self Meriell et she intention ad Self  helenam annam Vaux de debt is owed his prd defraudand too little unload et non  cancella thus far remanet a and further the plaintiff say that the say Meriel  the day of the writ bring know fever James ring have diverse good and chattle  which be of the say sir Thomas the day of his death in her hand to be  administer to satisfy coke a the plaintiff debt prterquam good et catalla ad  valent prd l prd nup Regin formless prd recognize c upon which the defendant e  demurrer in law and the case be argue by the defendant and plaintiff counsel  at the bar in several term and thedefendants counsel conceive that the  replication be insufficient as well for the manner as for the matter concern  the manner for four reason because the plaintiff in their replication have  allege that the say recognizance of to the say John Brudnel make be pro  freedom from care loosing l c and so have take a bare averment against the  recognizance which be matter of record for sir Thomas by the say recognizance  acknowledge himself to be indebt to the say I Brudnel in l to be pay such a  day and the plaintiff have allege that it be make for surety of the payment of  l but the plaintiff ought to have show that there be a defeazance make by deed  for the payment of l c for a recognizance may be defeat by deed in write but  not by bare agreement the like roll a Brownl Swinb b bridge c bridge jenk cent  Cr James Cr Elizabeth more roll roll Rep Swinb Bulst Leon Goldsb d Brownl sand  more Jones a the plaintiff be allow to reply to every judgement or other debt  or payment plead or to some or one of they omit the rest without be guilty of  duplicity Turnors case ante   mason v Stratton Mod Jeffries v do you I lev  Ashton v Sherman Lord raym SC salk Carth Mod holt Trethewy v ackland sand but  it be say to be the better way to answer only such judgement as the plaintiff  know to be obtain by fraud Vid sergeant williams note Handcockes v proud sand  b e bridge coke report b er p exception be take because they have allege that  the say recognizance to the say I more be make pro securit performat quarund  convention c if such general plead shall be admit yet it ought to have be show  when the be to be pay but now it do not appear whether he pay it at the day  before the day or after the day for a replication ought to contain convenient  a certainty so that it may appear to the court that the plaintiff have cause  of action where they allege that the recognizance to the say I more be make  for perform of covenant and that none of the covenant be break they ought to  have traverse S that it be not acknowledge b provero et justice debt is owed  for that be express allege by the defendant in the bar as to the matter the  defendant counsel conceive the replication insufficient for two reason because  although I Brudnel have accept in satisfaction of the statute of yet in law  the statute remain in force and he may sue execution against the defendant  upon it when he will and therefore if she shall pay debt by specialty before  this debt of record the defendant man be charge by a c devastavit and thereby  not only her own land and good but her body also will be subject to execution  upon the say recognizance of and it be say that this case at bar differ from d  Turnors case report by I in the eight part of my report fol for there billet  who have the judgement not only accept l in full be satisfied et exonerationem  of the judgement of et to bring before et thus far offer ad relaxand etcetera  well ad conoscend satisfaction in cur c and that the defendant deceptive et  she intention ad defraudand et decipiend prd edwardum turnor c de justice debt  is owed his cogn penalty c distutit thus far full c but in the case at bar it  do not appear that the say John Brudnel ever offer either to release or  acknowledge satisfaction c for then default have be in the defendant as it be  in Turnors case but coke b in this case such default do not appear to be in  the defendant the plaintiff in their replication aver that the say  recognizance remain not discharge by covin of the defendant c to the intent to  defraud the plaintiff of their debt and she alone can commit covin for covin  ought to be betwixt two and therewith agree h a b where in debt by the prior  of d against Hugh Lacy the defendant plead foreign attachment in London at his  own suit the plaintiff will have aver that the plaint which be affirm by the  say Hugh against the prior be to make the prior lose his debt and the Prisot  chief justice say as to the covin a it seem here that it be not to the purpose  for the say Hugh can affirm the say plaint by covin of himself alone for covin  ought to be betwixt two c and in PC in Talboises case b it be hold that covin  accord to the true definition of it be a secret assent determine in the heart  of two or more man to the prejudice of another and afterward the case be argue  in pasch James Reg by the justice and judgement be give for the plaintiff and  in this case these point be unanimous resolve that the defendant bar be  repugnant in itself for first the defendant plead quod self plene to manage in  all respects good catalla queen fuer prd Thom tempore death sum quod self no  one to have good et catalla queen fuer ejusd Thomce tempore death sum in  shades of dead nest administrant nec to have die impetrationis short catalog  primitive prd b prterquam good et catalla ad valentian of the debt to the king  and the several debt by the say several recognizance by which she confess that  she have sufficient in her hand to satisfy they and afterward she plead quod  self no one alian sive more to have good seu a   light a b Cr James Brownl c  more Cr Elizabeth Brownl hob Nov Brownl gold godb Leon Leon roll side sand  sand Cr car cart vent vent Allen style Yelv Cr James Jones d Jones a Br  collusion b roll Swinb see Carthew coke report a er p chattel queen fuer prd  Thom tempt death sum in shades of dead nest administrant prterquam  bonaetcatalla queen non to put under ad satisfaciend prd separatia debt is  owed which be mere and ex a diameter repugnant to that which she have confess  before it be resolve that if she have only plead quod self non to have nec die  impetration original pace to have aliquan good et catalla and fuer prd though  Tresham tempore death sum prterquam bonaetcatalla non attingent ad  saltsfaciend debt is owed prd or queen non to put under ad salisfaciend debt  is owed prd or a plea to such effect that such plea have be c insufficient for  the executor or administrator either ought to plead as the defendant do in  this case know that she have not good or chattel c prterquam good et catalla  ad valentian debit prd and so confess that she have sufficient to satisfy they  or if the truth be that she have not asset to satisfy the debt of record then  to confess how much she have scilicet that she have not good and chattel c  prterquam good a catalla ad valentian of a d sum certain b non ultra queen the  same debt is owed obligate onerabilia existent but she ought not to say  prterquam good catalla non excedent or queen non to put under ad satisfaciend  debt is owed predicta for the uncertainty coke a for to that the plaintiff can  reply whereupon a certain issue may be take for if the truth of the case be  that she have asset to satisfy all the debt of record but a penny or a  halfpenny or other small sum such plea will be true and a executor or  administrator be privy and represent the person of the testator or intestate  and by intendment of law have notice of the certainty and certain value of  good and therefore he ought in that case to plead certain as be aforesaid as  well as the heir when be plead detainment of charter in a writ of dower he  ought to show the a certainty because he be privy or otherwise it will be in  the case at bar to bar poor creditor a usual attempt in these day of their  true and just debt and therefore such innovation in plead tend to so dangerous  a consequence be utter condemned One voice per totan curian it be resolve that  such b general plead know that such recognizance be make pro true solution c  or pro performatione assembly c because the creditor who be whole a stranger  to it and have no mean in law to know the particular certainty be good enough  vide blow Com a b in croker case and h a b c and although they do not c  specify the certain day of payment nor that the lesser sum be pay before or  upon the day of payment yet the plead be good in this case for admit that the  payment be after the day of payment yet when the say John Brudnel accept the  lesser sum in full exonerationem of the say recognizance of this be a good  ground for the plaintiff to aver that by fraud of the defendant and to the  intent to defraud the plaintiff of their debt the recognizance be not  discharge nor cancel the which the defendant have now confess by her demurrer  but she may have take issue upon it and leave it to trial of the country upon  the evidence declare the truth of the case it be resolve that although they  have not allege special matter as in Turnors case know that the conusee d  offer and be ready to release or acknowledge c roll Swinb d side Doct pl Cr  James Vaugh b the omission of state a certain sum be mere form and the sum if  state be neither material nor traversable for if a executor plead a judgement  obtain against he for a hundred pound and that he have not good except to the  value of a hundred shilling and the plaintiff prove that he have yet he gain  nothing for the substance of the plea be that the executor have not above what  will satisfy the judgement and consequent the omission be but form and can be  take advantage of upon a general demurrer Parker v atfield salk moon v Andrews  hob Vid sergeant William note Handcock v proud sand a die pl Br dower h a b e  a before a Perk sect Plowd a b h a Fitzherbert dower godb   light b Doct pl b  brown bridge Plowd b Jones donc pl raym c donc pl d   b a coke report b er p  satisfaction yet it be resolve that the e general allegation of fraud in the  case at bar be sufficient as it be resolve in Talboises case that general  averment of covin be good because covin be so secret whereof by intendment  another man can have knowledge and if of the special manner of covin which as  it be there hold ex way termini ought to be betwixt two by intendment of law a  stranger coke b can have knowledge a strong in the case of fraud which may be  in the heart of one only for if one by deed make a fraudulent gift of his good  to diverse who know not of it it be fraud only in he who make it and so it be  adjudge in Turnors case that fraud may be in one or of one part only and for  as much as the replication be good as to the debt of l to John Brudnel and the  defendant have confess in her bar that she have asset to satisfy all the  recognizance for this reason the plaintiff shall recover their debt of l due  by the say bind and although of itself and ex way termini f covina ought to be  betwixt two yet when it be couple with fraud which may be commit by one only  the court shall adjudge upon the matter and not upon the strict etymology of  the word and if the addition of covin be in vain then the court ought to  adjudge upon the word S fraud which may be commit by one et generally dumb g  quality a word to stretch toward feeling veritalis to send away and the chief  justice say quod scope in caption law to be finger God for the defendant bar  be altogether insufficient for the defendant have aver that sir Thomas have  not pay the debt due by the say recognizance in his life nor his administrator  after his decease but a have not aver that Francis who be joint bind with he  in all the recognizance have not pay they whereby the bar be insufficient and  if the bar be b insufficient in matter and the writ and declaration good and  the replication superfluous without any matter which impugn or destroy the  action the plaintiff shall have judgement as it have be oftentimes rule and  adjudge quod to be concession per tot cur and afterward judgement be give and  enter for the plaintiff and execution award accord vide the three c point in  Turnors case a good judgement in these day where executor and administrator  contend by fraud and subtle and cunning plead and device to bar creditor of  their just and true debt and observe well the three point resolve in Turnors  case n b what in former edition form the last paragraph in this case be in the  present edition place at the end of the case of avowry ante p b