case slater against may declaration by a administrator during the absence of  the executor for money lend by the intestate London to wit be it remember that  heretofore to wit in the term of easter last pass before the lady the queen at  Westminster come John slater administrator of all and singular the good right  and credit which be Christopher Youldens decease at the time of his death by  Thomas more his attorney and bring into the court of the say lady the queen  then there his certain bill against John may in the custody of the marshal c  of a plea of trespass upon the case and there be pledge of prosecute namely  John do and Richard roe which say bill follow in these word that be to say  London to wit John slater administrator of all and singular the good right and  credit which be Christopher Youldens decease at the time of his death complain  of John may in the custody of the marshal of the Marshalsea of the lady the  queen before the queen herself be for that to wit that whereas the aforesaid  John may on the twentythird day of January in the year of our Lord one  thousand six hundred and ninetynine at London to wit in the parish of saint  mary Le bow in the ware of Cheap be indebt to the say Christopher in his  lifetime in thirty pound of lawful money of England for so much money of the  same Christopher in his lifetime by he the say Christopher in his lifetime to  the say John may at the special instance and request of he the say John may  before that time lend and accommodate and be so thereupon indebt he the say  John may in consideration thereof afterward to wit the same day and year  abovesaid at London aforesaid in the parish and ware aforesaid take upon  himself and then and there faithful promise the say Christopher in his  lifetime then he the say John may will well and faithful satisfy and pay the  aforesaid thirty pound to the same Christopher when afterward he shall be  thereunto request and whereas also the aforesaid John may afterward to wit the  same day and year abovesaid at London aforesaid in the parish and ware  aforesaid be indebt to the say Christopher in his lifetime in other thirty  pound of like lawful money of England for so much money of he the say  Christopher in his lifetime by the say John may for the same Christopher and  to the use of he the say Christopher before that time bad and receive and be  so indebt the afore John may afterward to wit the same day and year abovesaid  at London aforesaid in the parish and ware aforesaid in consideration thereof  take upon himself and then and there faithful promise the same Christopher in  his lifetime that be the say John may will well and true pay and satisfy the  say thirty pound lastmentioned to the say Christopher when he shall be  thereunto afterward request nevertheless the say John may his several promise  and undertake aforesaid in form aforesaid make not regard but contrive and  fraudulent intend in this behalf crafty and subtle to deceive and defraud the  say Christopher in his lifetime and the say John slater after the death of the  say Christopher of the say several sum of money to which say John slater  administration of all and singular the good right and credit which be the  aforesaid Christopher Youldens at the time of his death with his will annex  for the use and benefit and during the absence of Elizabeth Vittery the  executrix name in the say will by Thomas by divine providence archbishop of  Canterbury primate and metropolitan of all England on the fifteen day of  October in the year of our Lord one thousand seven hundred and three at London  aforesaid in the parish and ware aforesaid be in due form of law commit have  not pay the say several sum of money or any part thereof to the say  Christopher in his lifetime or to the say John slater after the death of he  the say Christopher nor have hitherto in any manner content they for the same  although to do this the aforesaid John may by the say Christopher in his  lifetime and by the say John slater after the death of the say Christopher and  the commit of the administration aforesaid at London aforesaid in the parish  and ware aforesaid be request but altogether refuse to pay or in any manner to  satisfy the same unto the say Christopher in his lifetime and yet refuse to  pay they to the say John slater to the damage of he the say John slater of  forty modern er p pound and thereupon he bring suit c and the say John slater  bring here into court the say letter of administration aforesaid of the say  archbishop which testify the commission of the administration aforesaid to the  say John slater in form aforesaid the date whereof be the same day and year in  that behalf abovementioned c and now at this day to wit Friday next after the  morrow of the holy Trinity in this same term until which day the say John may  have leave to imparl to the aforesaid bill and then to answer c before the  lady the queen at Westminster come as well the say John slater by his say  attorney as the say John may by Richard gate his attorney and the same John  may defend the force and injury when c and say that the declaration aforesaid  and the matter therein contain be not sufficient in the law for the say John  slater to have and maintain his say action thereupon against he the say John  may and that he bath no need nor be bind by the law of the land in any manner  to answer the say declaration in manner aforesaid declare and this he be ready  to verify wherefore for defect of a sufficient declaration in this behalf the  say John may pray judgement if the say John slater ought to have his say  action against he the say John may c and for cause of demurrer in law in this  behalf the same John may accord to the form of the statute in such case late  make and provide show and point out to the court here these cause follow to  wit that the declaration aforesaid be altogether uncertain double insensible  insufficient in law and want form c and the aforesaid John slater say that  notwithstanding any thing by the say John may above allege the declaration  aforesaid of the say John slater ought not to be quash because be say that the  declaration aforesaid and the matter in the same contain be good and  sufficient in the law for he the say John slater to have and maintain his say  action thereon against he the say John may which say declaration and the  matter in the same contain the say John slater be ready to verify and prove as  the court c and because the aforesaid John may have not answer to that  declaration nor bath hitherto any way contradict it the say John slater pray  judgement and his damage by occasion of the premise to he to be adjudge c but  because the court of our say lady the queen now here be not yet determine of  give their judgement of and concern the premise aforesaid a day therefore be  give to the aforesaid party before the lady the queen at Westminster until day  next after of hear their judgement of and concern the say premise for that the  court of the say lady the queen here thereof not yet c