case foster versus vassal December to a bill bring against the defendant as a  executor to account he plead a suit in the court of chance at Jamaica bring  against he by the plaintiff with the like matter of complaint relate to the  executorship neither the term nor even the year in which the suit be institute  be set out for certain there be not that averment which court of law and  equity both require in plead and as it be therefore defective in form Lord  Hardwicke overrule the plea the bill pray that the defendant vassal and the  representative of the other executor of the plaintiff father may account to  the plaintiff and that he may be pay what shall appear to be due and that he  may be quiet in the possession of those estate come to he by the death of his  brother John to this it be plead that the plaintiff and the defendant be  native of Jamaica where both their estate lie and both of they be resident  there the plaintiff in or about bring his bill in the court of chancery there  against the defendant as one of the executor of the plaintiff father and in  his bill set forth the like matter of complaint relate to the executorship and  guardianship and the defendant management and conduct of the estate and set up  the like claim to the estate and atkins er p pray the like account and the  same relief as be require and pray by his present to which bill in Jamaica  this defendant in put in his answer with the account relate to the trust  estate annex and soon after in August quit Jamaica for the recovery of his  health and leave his attorney there to manage this suit and his other affair  issue be join and the same cause be still depend there the defendant refer to  the record in Jamaica as he as no copy of the proceed there and insist by his  plea that as all the matter and thing lie there he ought not to be sue for the  same matter and thing here all the voucher be in Jamaica and the law and  custom there differ in many respect from those in this kingdom and the  defendant estate lie altogether in Jamaica and liable to be sequester for the  nonperformance of any order and decree there and be more than sufficient for  that purpose he therefore plead the bill and answer and proceed there to the  discovery and relief now seek atkins Mr Wilbraham in support of the defendant  plea cite Sparrys case in the exchequer   there Owen bring a action on the  case against sparry of trover of a certain quantity of cotton yarn and sell it  to person unknown and conversion to his own use the defendant plead that the  plaintiff have another action on the case depend in the king bench for the  same trover and conversion of the same good and this suit be prosecute pen the  other and it be resolve by sir Roger manwood chief baron and the whole court  of exchequer that the ill shall abate for by the rule of law a man shall not  be twice vex for one and the same cause no one debet bis to shake si to agree  grievous quod sit pro One et eaden causan he likewise cite well and his wife  versus the earl of Antrim December and Otway versus Ramsay mich Geo in b r vin  S c to show that judgement obtain in t court here extend not to Ireland he  insist there be the same reason why the plantation shall have the same power  in their court of equity as the court in Ireland have as to the inconvenience  charge by the bill itself that the inventory of the executor be file at  Jamaica and that this court can by any method oblige they to bring it over  suppose a decree shall be make there all the book paper and write be then of  course direct to be produce in order to take the account the same decree may  be make here and then we can only have copy of the book c or there may be two  contradictory decree which be the principal reason why the court will not  allow of two suit for the same matter depend at once in two different court  the court of Jamaica pay no more regard to the decree of the court of England  than this court do to the sentence of foreign court the inconvenience of enter  into it here be so great the convenience of determine it there so apparent he  insist that the plea ought to be allow the defendant have beside assert in his  plea that he have a large fortune which be liable to be sequester there so  that the plaintiff may have complete justice in answer to a objection throw  out by the plaintiff that the plea be not support by proper averment and  particular that it do not aver the suit in Jamaica be still depend Mr  Wilbraham cite urlin versus vern where the master of the roll hold that there  need not be a positive averment that the former suit be still depend for that  be examinable by the master atkins Lord chancellor if this plea have be well  plead it may have bring on a considerable question the different court of  equity be hold under the same crown though in different dominion and therefore  consider this as a court abroad the point of jurisdiction be the same as if in  Ireland and it be certain where the provision be in England let the cause of  suit arise in Ireland or the plantation if the bill be bring in England as the  defendant be here the court do field in mask and may by compulsion on the  person and process of the court compel he to do justice vide Roberdeau v rous  atk Stribley v Hawki atk pen v Lord Baltimore Ves pike v hoar Amb Fonbl  treatise of equity suppose different suit be bring there and here what isto be  do I take it to be clear if a action be bring in the court of king bench or  common plea and the defendant plead to it a action in Ireland or the  plantation they can not take any notice of it nor will it bar the jurisdiction  of the court here atkins er p it have be determine if a action be bring in  Ireland on a bind and sue to judgement there you can even plead that judgement  to a action in the court here the general rule of court of equity with regard  to plead be the same as ha court of law but exercise with a more liberal  discretion to be sure two suit for the same matter in the plantation and here  may be attend with inconvenience as Mr Wilbraham have urge and Lord Cowper for  that reason in well versus Lord Antrim go as far as he can but I shall not  have be of opinion myself to allow the plea there to the discovery the plea to  the jurisdiction be know here as well as at law but it be not so as to plead  in abatement or bar for the court here allow themselves a great latitude as to  circumstance and in the order of Lord Cowper there be a reservation for  further proceed here if Lord Antrim shall make it impracticable to proceed in  Ireland it be say here that in or about such a year the plaintiff bring his  bill in the court of chancery of Jamaica c atkins not even the year be set out  for certain not so much as the term mention in which the suit be institute and  set forth in general only that his former bill pray the like account and the  same relief with the present this be plead historically only and upon his  memory without any averment or certainty which court of law and equity both  require in plead it be say by Mr Wilbraham the defendant have no copy of the  proceed with he in England and therefore can not plead it with more certainty  but this will not make the plea at all the better the defendant ought to have  apply by motion on this suggestion for more time to plead or answer but the  court can by their rule allow this plea as it be defective in form and  therefore his lordship overrule the plea Vid Mitfords plead