coal against walton action of debt by executor upon a bind London to wit  Thomas Walton late of London scrivener otherwise call Thomas Walton citizen  and salt of London be summon to answer William coal esquire Richard rain  doctor of law and Thomas Robson esquire executor of the testament of Thomas  Stretchley gentle of a plea that be render to they which he unjust detain from  they c and whereupon they the say William Richard and Thomas Robson by John  coke their attorney say that whereas the say Thomas Walton upon the that day  of January in the that year of the reign of the say lord the now king at  London in the parish of the bless mary of the arch in the ware of Cheap by his  certain write Obligatory bad grant that he be hold to the say Thomas  Stretchley in his lifetime in the say to be pay to the say Thomas Stretchley  when thereto afterward he shall be request nevertheless the say Thomas Walton  although oftentimes request the say levinz sum of to the say Thomas Stretcbley  in his lifetime or to the say William Richard and Thomas Robson after the  death of the say Thomas Stretchley have not pay but the same to they have  refuse to pay and to the say William Richard and Thomas Robson as yet do ref  use to pay and the same from they unjust detain whereupon they say that they  be prejudice and have sustain damage to the value of and therefore levinz er p  they produce their suit c and they produce here in court as well the write  aforesaid which testify the debt aforesaid in the form aforesaid the date  whereof be the day and year aforesaid c as the letter testamentary of the say  t S whereby it sufficient appear to the court here that the say William  Richard and Thomas Robson be the executor of the testament aforesaid and have  the administration thereof c c and the say Thomas Walton by Ralph Grainge his  attorney come and defend the force and injury when c and pray oyer of the  write aforesaid and it be read to he c and he also pray oyer of the condition  of the say write and it be read to he in these word whereas the abovenamed  Thomas Stretchley have the day of the date abovewritten lend unto John bridge  citizen and weaver of London the sum of of the lawful money of England upon  his obligation beaHilg date the day of the date hereof wherein the say John  bridge be and stand hold and firm bind unto the say t S in of the lawful money  of England with condition for the true payment of S of the like lawful money  to the say t S his executor administrator or assign at or in the now  dwellinghouse of the above bind Thomas Walton scrivener situate in SoperLane  otherwise new queen street London on the that day of July next ensue the date  of the same obligation as thereby appear which obligation be so accept and the  money therelipon lend at and upon the undertake of the say Thomas Walton  collateral to secure the same accord as be hereundermentioned now the  condition of this obligation be such that if the say John bridge his heir  executor administrator or assign shall make default of or in the payment of  the say sum of S at the place and on the day aforesaid unto the say t S his  executor administrator or assign then if the say Thomas Walton his heir  executor administrator or assign do or levinz shall on the last day of the say  month of July now next come true pay or cause to be pay to the say t S his  executor administrator or assign at the place of payment aforesaid the say sum  of S in lieu of the say recite obligation the say t S his executor  administrator or assign upon such payment make bythe say t W his executor or  assign deliver up unto the say t W his executor or assign the say recite  obligation safe and cancel and sufficient assign over the same unto he the say  t W his executor or assign or unto such other person or person as he or they  shall in that behalf require the same to be perform by the say t S his  executor administrator or assign that then this obligation shall be void and  of none effect or else it shall stand and remain in full force and virtue  which be read and hear the say Thomas Walton say that the say William coal  Richard rain and Thomas Robson ought not to have their action aforesaid  against he because he say that the say John bridge in the condition aforesaid  abovenamed do not pay the say S upon the say that day of July next ensue the  date of the write aforesaid here in court produce to the say t S then be in  full life and that the say t W upon the say last day of July in the condition  aforesaid mention for the space of one hour next before the set of the sun of  the say day go to the mansionhouse of the say t W to wit ir the say parish of  the bless mark of the arch in the ware of Cheap aforesaid and there until  after the set of the sun of the say day remain and during all that time there  be ready to pay the say t S then be in full life as aforesaid the say S and  that neither the say t S nor any other person on his behalf be ready to  receive from the say t W the say S and upon the payment thereof to deliver to  the say t W the say obligation by the say John bridge make as aforesaid accord  to the form and effect of the say condition and this he be ready to verify  wherefore he pray judgement if the say William coal Richard rain and Thomas  Robson ought to have their action levinz aforesaid thereupon against he c and  the say William coal Richard rain and Thomas Robson say that the say plea of  the say Thomas Walton above in bar plead and the matter in the say plea  contain be not sufficient in law to preclude they the say William coal Richard  rain and Thomas Robson from have their action aforesaid against the say Thomas  Walton and that they to the say plea in the manner and form aforesaid plead  have do necessity Deither be they bind by the law of the land to answer and  this they levinz er p be ready to verify wherefore for want of a sufficient  answer of the say Thomas Walton in this behalf they the say William coal  Richard rain and Thomas Robson pray judgement and their debt aforesaid  together with their damage by the occasion of the detention of that debt to be  adjudge to they c and the say Thomas Walton because that he above have allege  sufficient matter in law to preclude the say William coal Richard rain and  Thomas Robson from have their action aforesaid against he which he be ready to  verify which matter the say William coal Richard rain and Thomas Robson do not  deny nor to the same in any wise answer but altogether refuse to admit the  verification thereof as before pray judgement and that they the say William  coal Richard rain and Thomas Robson may be preclude from have their action  aforesaid c and because the justice c