case freeman against sheen to debt on a award that a suit shall cease and that  the plaintiff shall stand acquit of it it be a sufficient plea that the  defendant do not prosecute the suit and that the plaintiff to stand ind  quietus roll ab SC roll Rep SC Bulst Leon more lev vent Bac Abr a plea that  the party prosecute by a bill in chancery must show that a subpoena issue on  the bill intendment debt upon a obligation of one hundred pound the condition  be to perform the arbitrament of I S the defendant plead that I S make a  arbitrament wherein be recite that whereas there be a suit in chancery by  sheen the defendant against freeman for such a cause c that that suit shall  cease and that the say freeman shall stand acquit de where you will means in  ead he who disregards and aver that he do not alley further prosecute the say  suit and that the plaintiff always afterward to stand ind quietus of every  matter in the bill and plead performance of all other the say matter S the  plaintiff show that before the submission the say defendant exhibit quandan  billam in the chancery against he and croak throw set it down verbatim and  show further that after the arbitrament he exhibit in chancery quandan alian  billam c and show it verbatim and aver that they be both for one same cause  and the same matter comprise in the last bill as be in the former and so he be  not acquit c the defendant demurrer in law and it be move that the arbitrament  be that the plaintiff to stand acquietatus pro where you will means in  prediction billa c it be not sufficient to say quod to stand quietus but he  ought to show that he be discharge thereof in facto and how as Edward pl and  Edward bar Henry pl Doderidge be of that opinion upon the first motion but be  afterward again move coke and all the other justice hold that the plea be good  enough notwithstanding that exception for there be a difference where one be  oblige to acquit another of such a debt or such a suit it be not sufficient to  save he harmless but he ought to procure his actual discharge as the book be  before cite but the arbitrament be that he to stand acquietatus that be no  more but that by that arbitrament he shall be acquit which be sufficient for  where arbitrator make a award that the one shall be quit against the other  that be a good bar in a action bring by any of they Henry pl Henry pl second  it be object that this replication be not good because it be not show that any  subpoena be sue forth upon the bill nor that the defendant answer thereto nor  what become of it and this be hold to be a material exception for otherwise  there be no damnification or cause of fear Edward pl   Broughton case three it  be move that the replication be not good for he say quod to hold forth croak  James er p quandan billam which be another than be intend in the arbitrament  wherefore it be adjudge for the defendant