case in chancery butcher against hinton and short Dec short be not bring to  hear a voluntary agreement not bind in equity unless all be perform the case  butcher and short partner in Trade be indebt to Hinton a banker in a bind of  pound for payment of pound in October that money be due Hinton in December be  call upon by his creditor importunate for great sum of money he require  butcher and short to pay he whereupon they and Hinton agree that for pound  they will become joint bind for so much to Hintons creditor and for pound  residue each to be several bind to Hintons creditor videlicet each for pound  and not joint and Hinton give a receipt for pound under hand and seal to they  and agree to deliver up the bind of pound and be ask for it excuse the present  delivery of it because of the present hurry of business but will do it the  bind to the creditor be accord enter into the agreement prout prove by three  witness the bill be to have up the bind of pound for Hinton in favour to short  endeavour to charge butcher Hinton in his answer confess the agreement but  that it be qualify and part of the agreement be that Hinton shall be  countersecured by their bind against case in chancery er p the creditor to who  he be bind and that he be damnified for want of such countersecurity for that  he have be sue and force to pay the creditor pound and produce the bind  whereon he pay the money cancel but he have no witness that prove express that  part of the agreement touch countersecurity but prove four bind of  countersecurity seal c and leave with the scrivener but not to be deliver till  matter agree by Hinton and butcher the Lord chancellor I take it for grant  that what butcher do he agree to do or else he will not have do it the counsel  for the defendant insist that the agreement be voluntary unless all that shall  have be perform be perform the defendant shall not be bind thereby in equity  and his good security take from he churchil the plaintiff fail in not pay nor  give countersecurity case in chancery the it be say that the agreement be to  give bind not to pay the money for the bind once give bind to payment and the  failer of short to give security may not prejudice butcher who do and the  caution to the scrivener must be intend of the relate to not the deliver up  the pound bind for this no reason to countersecure and become double bind for  the same debt but ought first to be discharge of the old bind and debt the  Lord chancellor this debate assure I that short have fail or else the  contention be vain and the agreement not be full perform I can take away  Hintons legal security and pay he with parchment and Hinton have little avail  by the agreement be bind in the new bind