case more versus heart eoden die in person justice Charleton Vid vent father  on a treaty of marriage of his daughter do by a letter write to a three person  agree to give pound portion with his daughter in marriage this be bind and out  of the statute of fraud Vid post case the bill be that the defendant intimate  to the plaintiff friend that be intend to give pound portion with his daughter  and have make it appear that he be able so to do the plaintiff with his  approbation become a suitor to his daughter but after when the defendant  understand that the plaintiff have a Vernon chancery case real affection for  his daughter and that they have mutual engage to marry each other then the  defendant be a to recede from his promise and pretend he can not part with so  much of his estate at present but will give his daughter in possession the  moiety of a farm call Creaton at Wapenham in the county of Northampton the  whole be as he pretend worth pound and the other moiety after his death if the  plaintiff will accept of such portion and do declare so much by letter under  his hand with a intent to encourage the plaintiff to marry his daughter but  the plaintiff find he to vary in his proposal acquaint his friend therewith  and desire they to come to a certainty with the defendant touch the portion he  will give with his daughter if the plaintiff shall marry her whereupon a  letter be write to the defendant by a friend on the plaintiff behalf desire  the defendant to be plain and to ascertain what portion he will give the  plaintiff with his daughter if he shall marry her and the defendant about  January come to this final agreement touch the same videlicet that the  defendant shall give and he do then promise and agree to give down upon the  marriage with his say daughter to the plaintiff pound and to leave he pound  more at his death in case there shall be any issue of the intend marriage and  do also agree that both the sum shall be charge on his say estate at Creaton  which promise and agreement be put into write and sign and subscribe by the  defendant and he do in a letter in answer to the say former letter express and  declare as much under his hand that about February in pursuance of the  agreement the marriage be solemnized and the defendant often after as well as  before declare he will perform his promise and agreement and the plaintiff  upon his marriage become just entitle to the say portion and may well Vernon  chancery case expect the same it be but half of what the defendant at first  voluntary undertake to give and much inferior to the plaintiff estate that the  defendant refuse to pay the pound and pound and pretend he never make any such  promise or agreement with the plaintiff and think by that nicety to avoid the  performance thereof whereas though the agreement be not actual make with the  plaintiff yet it be make with a friend of the plaintiff on his behalf that the  defendant pretend the marriage be have without his consent or privity and that  whatsoever he write in any such letter the same ought not to conclude he  because it be not a full agreement on both side there be no provision for a  jointure whereas the defendant never demand any well know his daughter will be  entitle to dower and whereas he pretend the marriage be without his consent  that be by his own contrivance for when he find the plaintiff affection set on  his daughter he contrive to have her marry the plaintiff without his seem  privity and give her direction so to manage the matter that he may thence  raise a pretence to avoid payment of the portion and be and do acknowledge  himself well please with the marriage and know when it be solemnized that the  defendant at other time pretend the plaintiff estate deserve not so great a  portion although he have own by letter and otherwise that he esteem the  proposal touch the marriage as a great honour to he and declare his only fear  be he shall not be able to give a portion equivalent with the fortune offer he  and at other time he pretend he be not able to give pound portion although in  truth he be seize of land of inheritance of or pound per annum and threaten  that he will secret convey away all his estate to prevent the plaintiff  receive the fruit of the agreement and therefore that the pound may be pay  down and the pound secure be the bill to this the defendant plead that by a  act entitle a act for prevention of Vernon chancery case er p fraud and  perjury make Vernon chancery case nunc king at the parliament begin at  Westminster die maii year king nunc and from thence continue by several  prorogation to the that of February it be among other thing enact that from  and after the that of June no action shall be bring whereby to charge any  person upon any agreement make upon consideration of marriage or upon any  contract or sale of land and hereditament or any interest in or concern they  unless the agreement upon which such action shall be bring or some memorandum  or note thereof shall be put into write and sign by the party to be charge  therewith or by some other person thereunto by he lawful authorize prout the  act and do aver that neither he nor any other by he authorize do make sign or  seal any contract or agreement in write to any such effect or purpose as by  the bill be suggest or any note or memorandum thereof or of any agreement to  that effect and that the plaintiff marriage be without his knowledge privity  or consent and without any agreement in write make or conclude upon in  reference thereunto and therefore he plead the say matter in bar of the  plaintiff bill and demand judgement for the plaintiff it be insist that this  be no good plea for he have not at all answer to the particular circumstance  of the case charge in the bill which will much influence the case in equity  which be strong here the agreement in this case be already execute on one side  and here he do not deny that he write such a letter as be mention in the bill  but take upon himself to judge that such a letter do not amount to a  sufficient note or memorandum of a agreement in write within the act and what  he have say touch the agreement be not by way of answer but only aver in the  plea so that if this plea Vernon chancery case shall stand we can except as we  may to his answer where it be not full whether he make such agreement or not  and here he have plead a act of parliament whereas there be in truth no such  act for he plead that at a parliament begin at Westminster die maii king nunc  and from thence continue by several prorogation to the that of February  whereas the act of fraud and perjury be make at a parliament begin the that of  may and not on the that and be continue by prorogation to Feb and not to  February so that he have quite mispleaded the act and that must be fatal upon  he vide clarke case die a for plead and demurrer be not to be more favour in  equity than they be at law it be here only to prevent answer and beside the  statute of fraud and perjury be a public act he will have the benefit of it at  the hear and though this be a public law yet if he will take upon he to plead  it special and mistake it be as fatal to he as the mispleading of a private  act will be and they cite the case of love and Wotton cro Elizabeth where the  defendant have plead the statute of usury to be make die Feb Elizabeth whereas  it be make die Feb and in that case though after a verdict and though the  plaintiff in his replication have admit there be such a act yet the court  unanimous declare that the statute against usury be a public law they be bind  to take notice there be no such statute as the defendant have plead and so  will not give any judgement but justice Charleton conceive that plead ought  not to be so strict observe in equity as it be in law vide Lord keeper all v  wile all post and case cite in not there mes qure and disallow the plea upon  the merit and say he do not know but a man may make a obligation in a letter  if he put his hand and seal to it Reg lib b fol it be now clear settle that a  letter sign contain the term of the agreement or refer to another paper that  contain the term be sufficient to take it out of the statute vide Wankford v  Fotherley post vol on appeal bird v Blosse vent viscountess Montacute v  Maxwell pre Ch p wms clerk v wright l atk Welford v Beazeley atk ves Allan v  bower Br Ch Rep which be the case of write direction sign by lessor as to  lessee be permit to remain at the same rend Tawney v crowther ibidem so a  trust may be raise by implication from letter and a paper refer to by they and  in the handwriting of the party though not sign or date Forster v hale Ves  Vernon chancery case see prefatory note Vernon chancery case er p Vernon  chancery case de term S HILLARII car two in curian porter